Asm. Mia Bonta

Existing law designates specific days as holidays in this state. Existing law designates holidays on which community colleges and public schools are required to close, including days appointed by the President. Existing law entitles state employees, with specified exceptions, to be given time off with pay for specified holidays. This bill would add June 19, known as "Juneteenth," to the list of state holidays. The bill would specify that holidays created by federal legislation signed by the President are considered days appointed as holidays for the purposes of the above-described provisions requiring community colleges and public schools to close. The bill would authorize state employees to elect to take time off with pay in recognition of Juneteenth, as specified. This bill would incorporate additional changes to Sections 45203, 79020, and 88203 of the Education Code proposed by AB 1801 to be operative only if this bill and AB 1801 are enacted and this bill is enacted last. This bill would incorporate additional changes to Sections 6700, 19853, and 19853.1 of the Government Code proposed by AB 1801 and AB 2596 to be operative only if this bill and either or both AB 1801 and AB 2596 are enacted and this bill is enacted last.

Existing law, the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975, grants agricultural employees the right to form and join labor organizations and engage in collective bargaining with respect to wages, terms of employment, and other employment conditions, and authorizes employees to elect exclusive bargaining representatives for these purposes. Existing law creates the Agricultural Labor Relations Board and prescribes its composition, duties, and powers. Existing law authorizes the board to hold hearings and conduct investigations and requires that certain procedures be the exclusive method of redressing unfair labor practices. Under existing law, any person who willfully resists, prevents, or interferes with a member of the board or its agents or agencies in the performance of their duties is guilty of a misdemeanor. Existing law requires the board to certify the results of an election conducted by secret ballot of employees in a collective bargaining unit to designate a collective bargaining representative, unless the board determines there are sufficient grounds to refuse to do so. Existing law further provides that if the board refuses to certify an election because of employer misconduct that would render slight the chances of a new election reflecting the free and fair choice of employees, the labor organization shall be certified as the bargaining representative for the bargaining unit. This bill would refer to the election by secret ballot process as a polling place election. The bill would establish alternative procedures to the polling place election and authorize a labor organization to be certified as the exclusive bargaining representative of a bargaining unit through either a labor peace election or a non-labor peace election, as prescribed, dependent on whether an employer enrolls and agrees to a labor peace election for labor organization representation campaigns. The bill would provide that a labor peace election or a non-labor peace election permits a bargaining unit to summarily select a labor organization as its representative for collective bargaining purposes without using the existing polling place process. Under the bill, a labor peace election would be a mail ballot election and a non-labor peace election would establish a process for the submission of a petition with proof of majority support, subject to certification by the board. Among other provisions, the bill would require for both alternative procedures that an employer respond to the board with regard to a petition, including providing a specified list of employees to the board. By expanding the definition of a crime, this bill would impose a state-mandated local program. This bill would establish a schedule for agricultural employers to indicate to the board whether they agree to a labor peace compact, defined to mean an agreement by the employer to, among other things, make no statements for or against union representation to its employees or publicly, in any written or oral form, at any time during employee hire, rehire, or orientation, or after certain documents regarding organization are filed with the board. The bill would prohibit a labor peace compact from prohibiting an employer from communicating truthful statements to employees regarding workplace policies or benefits, as specified. The bill would require the board to develop an online web-based labor peace election process that will allow employers to indicate their labor peace choice online, and that will allow labor organizations to see whether a specific agricultural employer has agreed to a labor peace election campaign. This bill would repeal the above provisions on January 1, 2028. This bill would prescribe civil penalties to be imposed upon an agricultural employer who commits an unfair labor practice in an amount not to exceed $10,000 for each violation, and would increase that sum to an amount not to exceed $25,000 for specified violations. The bill would require the board to consider specified factors in determining the amount of a civil penalty pursuant to these provisions. The bill would also authorize the board to impose personal liability for these penalties upon a director or officer of an employer in certain circumstances. Existing law authorizes a person aggrieved by the final order of the board granting or denying in whole or in part the relief sought for an unfair labor practice, to obtain a review of the order in a specified court of appeal by filing in the court a written petition requesting that the order of the board be modified or set aside. This bill would require an employer who appeals or petitions for a writ of review of any order of the board involving make-whole, backpay, or other monetary awards to employees, to post an appeal bond in the amount of the entire economic value of the order, as specified, and would provide for the bond to be forfeited under specified conditions. This bill would state that its provisions are severable. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

(1) Existing law authorizes the payment of unemployment compensation benefits and requires that they be made in accordance with regulations of the Director of Employment Development. Existing law generally requires the Employment Development Department to promptly pay benefits if claimants are eligible or to promptly deny benefits if they are ineligible. Existing law prohibits payment of unemployment compensation benefits for services performed by a person who is not a citizen or national of the United States, unless that person is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed, as specified. This bill would establish, until January 1, 2026, the Excluded Workers Pilot Program, to be administered by the Employment Development Department upon appropriation by the Legislature, for the purpose of providing income assistance to excluded workers who are ineligible for the existing state or federal benefits administered by the department and who are unemployed. The bill would make individuals eligible to receive $300 per week for each week of unemployment, if the Director of Employment Development makes certain findings, as defined and specified. The bill would require the department to promulgate regulations to implement the program, including regulations providing for an application process, as specified. The bill would prohibit the department from requesting or compelling certain information from individuals in connection with administering the program and would prohibit the department from retaining specified documents for longer than necessary to administer benefits. The bill would also prohibit, except as specified, disclosures of personal information, as defined. The bill would require the department, on or before July 1, 2025, to submit a report to the Governor and the Legislature that makes recommendations for establishing a permanent unemployment insurance benefit program for workers excluded from the unemployment insurance system based on their immigration status, as specified. (2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

Existing law prescribes various requirements to be satisfied before the exercise of a power of sale under a mortgage or deed of trust and prescribes a procedure for the exercise of that power. Existing law authorizes a trustee, or their agent or successor in interest, upon the sale of property pursuant to a power of sale, to demand and receive from a beneficiary, or their agent or successor in interest, or deduct from the proceeds of the sale, specified reasonable costs and expenses that are actually incurred in enforcing the terms of the obligation and trustee's or attorney's fees. Existing law, until January 1, 2026, requires a specified notice to tenants and prescribes a process in connection with a trustee's sale of property under a power of sale contained in a deed of trust or mortgage on real property containing 1 to 4 residential units, inclusive. Under existing law, if a prospective owner-occupant, as defined, is the last highest bidder, the date upon which specified conditions required of the bidder at the trustee sale to become final are met. Existing law requires the trustee to require the prospective owner-occupant to provide certain information confirming the owner-occupant's status. Existing law, until January 1, 2026, grants eligible tenant buyers, as defined, and other eligible bidders, as defined, certain rights and priorities to make bids on the property after the initial trustee sale, and potentially to purchase it as the last and highest bidder, subject to certain requirements and timelines, if a prospective owner-occupant is not the last highest bidder. Existing law requires prospective owner-occupants, eligible tenant buyers, and other eligible bidders to submit affidavits or declarations under penalty of perjury in connection with this process. Existing law, until January 1, 2026, for purposes of the exercise of a power of sale as described above, prohibits a trustee from bundling properties for the purpose of sale, instead requiring each property to be bid on separately, unless the deed of trust or mortgage provides otherwise. This bill would revise the process described above and extend its operation and the operation of the related provisions described above until January 1, 2031, and make conforming changes. The bill would revise the definition of an eligible tenant buyer to, among other things, also describe natural people who are occupying property under a rental or lease agreement with a mortgagor's or trustor's predecessor in interest. The bill would also revise the requirements for an eligible nonprofit corporation and limited liability company to meet the definition of eligible bidder. The bill would expand affidavit and declaration requirements for eligible bidders if they are winning bidders to address new requirements that the bill would impose regarding the use of properties as affordable housing and the treatment of tenants following purchase. By extending the operation of the provisions described above, and by expanding the requirements for affidavits and declarations provided under penalty of perjury, the bill would expand the definition of a crime, thus imposing a state-mandated local program. This bill would authorize a trustee to deduct fees of $200 or 16 of 1% of the unpaid principal sum secured, whichever is greater, for providing services from the proceeds of the sale if an eligible tenant buyer or eligible bidder submits to the trustee either a bid or a nonbinding written notice of intent to place a bid. The bill would revise the dates when a trustee is to receive specified documents to account for weekends and holidays and would prohibit a trustee, on the last day that bids are eligible to be received, from receiving any bid that is not sent by certified mail or overnight mail. This bill would require a trustee or its authorized agent to send specified information to the Attorney General if the winning bidder at a trustee sale to which this process applies is an eligible bidder, as defined. The bill would authorize the Attorney General, a county counsel, a city attorney, or a district attorney to bring an action to enforce these provisions. The bill would specify that the pendency of a determination of finality under the process described above is prohibited from causing termination of any hazard insurance coverage in effect at the time of the trustee's sale. The bill would require specified successful eligible bidders at foreclosure sales subject to this process to subject properties to a recorded covenant that requires the property be sold at an affordable housing cost or rented at an affordable rent for lower income households, as those terms are defined, for 30 years, or a greater period of time, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the Tenant Protection Act of 2019, prohibits, with certain exceptions, an owner of residential real property from increasing the gross rental rate for a dwelling or unit more than 5% plus the percentage change in the cost of living, as defined, or 10%, whichever is lower, of the lowest gross rental rate charged for the immediately preceding 12 months, subject to specified conditions. Existing law, the Floating Home Residency Law, prescribes various terms and conditions on tenancies in floating home marinas, as defined. Existing law defines "floating home marina" for these purposes as an area where 5 or more floating home berths are rented, or held out for rent, to accommodate floating homes, but does not include, among other things, a marina where 10% or fewer of the berths are leased or held out to lease to floating homes. This bill would revise the definition of "floating home marina" by deleting the provision that excludes a marina where 10% or fewer of the berths are leased or held out to lease to floating homes. Existing law defines "tenancy" for purposes of the Floating Home Residency Law as the right of a homeowner to the use of a berth within a floating home marina to locate, maintain, and occupy a floating home, and accessory structures or vessels, including the use of the services and facilities of the floating home marina. Existing law requires the management of a floating home marina to give a homeowner written notice of any increase in their rent at least 30 days before the date of the increase, the reason for the increase, and the basis for any calculation used in determining the amount of the increase. This bill would, until January 1, 2030, prohibit the management of a floating home marina in the county of Alameda, Contra Costa, or Marin, from increasing the gross rental rate for a tenancy in a floating home marina by more than 3% plus the percentage change in the cost of living, as defined, or 5%, whichever is lower, of the lowest gross rental rate charged at any time during the immediately preceding 12 months, as specified. The bill would prohibit management of a floating home marina from increasing the gross rental rate for a tenancy in more than 2 increments over a 12-month period, after the tenant maintains the tenancy over a 12-month period. The bill would prohibit management from establishing the initial rental rate of a new homeowner that purchases a floating home in the marina if the purchase qualifies as an in-place transfer, as specified. The bill would define "in-place transfer" as a sale of a floating home where the floating home is transferred and remains docked at the same berth. This bill would exempt specified floating home berths from the rental rate increase limitations described above, including, among others, floating home berths restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable for very low, low-, or moderate-income persons and families. The bill would specify that these provisions apply to rent increases for a tenancy in a floating home marina occurring on or after January 1, 2022. The bill would provide that in the event that management increases the rent by more than the amount specified above between January 1, 2022, and January 1, 2023, then the applicable rent on January 1, 2023, is the rent as of January 1, 2022, plus the maximum permissible increase, and that management is not liable to the homeowner for any corresponding rent overpayment. The bill would void any waiver of the rights provided under these provisions. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Contra Costa, and Marin.

Existing law establishes the Department of Technology within the Government Operations Agency, which is supervised by the Director of Technology. Existing law charges the director and the department with various duties in creating and managing the information technology policy of the state. This bill would require the department, by January 1, 2024, in consultation with the public, the Public Utilities Commission, and the California Broadband Council, to develop a state digital equity plan. The bill would require the plan to include, among other things, the identification of barriers to digital equity faced by specified populations, including, among other barriers, the availability and affordability of access to fixed and wireless broadband technology. The bill would additionally require the plan to include measurable objectives for documenting and promoting digital equity among those populations and an assessment of existing digital navigator programs, as specified. The bill would require the department, to the extent practicable, to obtain all available federal funding for purposes of developing and implementing the plan.

The Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 establishes, under the jurisdiction of the Department of Health Care Access and Information, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. The act requires an owner of a general acute care inpatient hospital, no later than January 1, 2030, to either demolish, replace, or change to nonacute care use all hospital buildings not in substantial compliance with the standards established pursuant to the act or seismically retrofit all acute care inpatient hospital buildings so that they are in substantial compliance with those standards. A violation of any provision of the act is a misdemeanor. This bill would require the department to grant Alameda Hospital an extension to January 1, 2032, to substantially comply with those provisions. The bill would require the hospital to submit to the department, on or before January 1, 2024, a plan for compliance with the applicable seismic safety standards and regulations by January 1, 2032. The bill would require the department to accept the plan submitted by the hospital based on it being feasible to complete, as specified. If the department approves the plan, the bill would require the hospital to report biannually to the department on the hospital's progress to timely complete its plan to achieve substantial seismic compliance by January 1, 2032, as prescribed. By expanding the duties of Alameda Hospital under those provisions, the bill would expand an existing crime, thereby imposing a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for Alameda Hospital. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires the Department of Community Services and Development to, among other things, plan and evaluate strategies for overcoming poverty in the state, mobilize resources in support of antipoverty and community services programs, and administer public and private funds designed to support antipoverty programs that are not currently administered by other departments. Existing law establishes the Cradle-to-Career Data System for the purpose of connecting individuals and organizations to trusted information and resources, as a source for actionable data and research on education, economic, and health outcomes for individuals, families, and communities, and to provide for expanded access to tools and services that support the education-to-employment pipeline, as specified. This bill, the It Takes a Village Act of 2022, subject upon an appropriation in the annual Budget Act or another statute for these purposes, would establish the California Coordinated Neighborhood and Community Services Grant Program to be administered by the State Department of Social Services or another department within the California Health and Human Services Agency. The bill would require the department to grant awards on a competitive basis to eligible entities that are Promise Neighborhoods, other community-based networks, or multineighborhood regional cradle-to-career networks, as those terms are defined, to either implement a comprehensive, integrated continuum of cradle-to-career solutions at the neighborhood level or support the civic infrastructure and backbone of cradle-to-career networks that support their network partners to accomplish systems change. The bill would define "cradle-to-career" to mean a system of integrated services that begins before birth and leads to appropriate postsecondary success, including academic, occupational, and independent living, that benefits the individual and community as a whole. The bill would require the department, in consultation with the State Department of Education, to develop an application process and would require the department to establish performance standards to measure progress on indicators and results relevant to the evaluation of the grant program. The bill would require grant recipients to contribute matching funds and prepare and submit an annual report to the department, as specified.

(1) Existing law authorizes a judge to enter an ex parte order authorizing interception of wire or electronic communications within the territorial jurisdiction of the court. Existing law also authorizes a peace officer to apply for, and a magistrate to issue, an order, or extension of an order, authorizing or approving the installation and use of a pen register or trap and trace device. This bill would prohibit the issuance of an ex parte order authorizing interception of wire or other electronic communication or an order, or extension of an order, authorizing or approving the installation and use of a pen register or trap and trace device for the purpose of investigating or recovering evidence of a prohibited violation. The bill would define "prohibited violation" for this purpose as a violation of a law that creates liability for, or arising out of, either providing, facilitating, or obtaining an abortion or intending or attempting to provide, facilitate, or obtain an abortion that is lawful under California law. Existing law provides for the issuance of a search warrant upon specified grounds. This bill would prohibit the issuance of a search warrant for any item or items that pertain to an investigation into a prohibited violation. Existing law requires a California corporation that provides electronic communication services or remote computing services to the general public to comply with a warrant issued by another state to produce records that would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customer's usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications as if that warrant had been issued by a California court. This bill would require an out-of-state warrant for the records listed above to include an attestation that the evidence sought is not related to an investigation into, or enforcement of, a prohibited violation. The bill would prohibit the production of records by a California corporation when the corporation knows or should know that the warrant relates to an investigation into, or enforcement of, a prohibited violation. (2) Existing law includes a declaration of the Legislature that every individual possesses a fundamental right of privacy with respect to reproductive decisions, including the fundamental right to choose to bear a child or obtain an abortion. Existing law prohibits the state from denying or interfering with a woman's fundamental right to choose to bear a child or obtain an abortion prior to viability of the fetus, as defined, or when necessary to protect her life or health. Existing law, the Reproductive Rights Law Enforcement Act, requires the Attorney General to carry out certain functions relating to anti-reproductive-rights crimes in consultation with, among others, subject matter experts. Existing law requires all law enforcement agencies to develop, adopt, and implement written policies and standards for responding to anti-reproductive-rights calls by January 1, 2023. This bill would prohibit a state or local law enforcement agency or officer from knowingly arresting or knowingly participating in the arrest of any person for performing, supporting, or aiding in the performance of an abortion or for obtaining an abortion, if the abortion is lawful in this state. The bill would prohibit a state or local public agency from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a lawful abortion. The bill would prohibit specified persons, including a judicial officer, court employee, an authorized attorney, among others, from issuing a subpoena in connection with a proceeding in another state regarding an individual performing, supporting, or aiding in the performance of an abortion in this state, or an individual obtaining an abortion in this state, if the abortion is lawful in this state. The bill would not prohibit the investigation of criminal activity that may involve an abortion, provided that no information relating to any medical procedure performed on a specific individual may be shared with an agency or individual from another state for the purpose of enforcing another state's abortion law. (3) Existing law requires superior court judges in each county to prepare, adopt, and annually revise a uniform countywide schedule of bail for all bailable offenses, as specified. Existing law requires a bail schedule to contain a list of the offenses and amounts of bail applicable for each, as well as a general clause for designated amounts of bail for all offenses not specifically listed in the schedule. This bill would require a uniform countywide schedule of bail to set $0 bail for an individual who has been arrested in connection with a proceeding in another state regarding and individual performing, supporting, or aiding in the performance of an abortion in this state, or an individual obtaining an abortion in this state, if the abortion is protected, as specified. Existing law requires the Governor to recognize a demand for extradition of a person if the demand meets specified requirements. Existing law requires a magistrate, upon the filing of a verified complaint, to issue a warrant directed to any peace officer commanding the officer to apprehend an individual in this state who is convicted, or has violated the terms of bail, probation, or parole, or who is charged with a crime, in another state and who is believed to be in this state. This bill would require, within 24 hours of the filing of a verified complaint, the filing agency to electronically transmit to the Attorney General a complete copy of the verified complaint, the out-of-state indictment, information, complaint, or judgment, out-of-state warrant, and the affidavit upon which the out-of-state warrant was issued. (4) Existing law, the Electronic Communications Privacy Act, determines how governmental entities may access information on electronic devices and from electronic communication service providers, as defined. This bill would prohibit a California corporation or a corporation whose principal executive offices are located in California that provides electronic communication services from providing records, information, facilities, or assistance in accordance with the terms of a warrant, court order, subpoena, wiretap order, pen register trap and trace order, or other legal process issued by, or pursuant to, the procedures of another state or a political subdivision thereof that relates to an investigation into, or enforcement of, a prohibited violation. The bill would authorize the Attorney General to commence a civil action to compel compliance with the above provisions, but would only impose civil liability if the corporation knew or should have known that the warrant, court order, subpoena, wiretap order, pen register trap and trace order, or other legal process relates to an investigation into or enforcement of a prohibited violation. (5) The bill would state that its provisions are severable. (6) This bill would declare that it is to take effect immediately as an urgency statute.

(1) Existing law provides that every individual possesses a fundamental right of privacy with respect to their personal reproductive decisions. Existing law prohibits the state from denying or interfering with a person's right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the person. Existing law requires a health insurer to take specified steps to protect the confidentiality of an insured's medical information, and prohibits an insurer from disclosing medical information related to sensitive health care services to the policyholder or any insureds other than the protected individual receiving care. Existing law generally prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information regarding a patient, enrollee, or subscriber without first obtaining an authorization, unless a specified exception applies, including that the disclosure is in response to a subpoena. Existing law prohibits an employer from using or disclosing medical information that it possesses pertaining to its employees without the patient having first signed an authorization, unless a specified exception applies, including that the disclosure is compelled by judicial or administrative process or by any other specific provision of law. Existing law authorizes a California court or attorney to issue a subpoena if a foreign subpoena has been sought in this state. This bill would prohibit compelling a person to identify or provide information that would identify or that is related to an individual who has sought or obtained an abortion in a state, county, city, or other local criminal, administrative, legislative, or other proceeding if the information is being requested based on another state's laws that interfere with a person's right to choose or obtain an abortion or a foreign penal civil action, as defined. The bill would authorize the Insurance Commissioner to assess a civil penalty, as specified, against an insurer that has disclosed an insured's confidential medical information. The bill would prohibit a provider of health care, a health care service plan, a contractor, or an employer from releasing medical information that would identify an individual or related to an individual seeking or obtaining an abortion in response to a subpoena or a request or to law enforcement if that subpoena, request, or the purpose of law enforcement for the medical information is based on, or for the purpose of enforcement of, either another state's laws that interfere with a person's rights to choose or obtain an abortion or a foreign penal civil action. The bill would prohibit issuance of a subpoena if the submitted foreign subpoena relates to a foreign penal civil action and the submitted foreign subpoena would require disclosure of information related to sensitive services, as defined. (2) Existing law sets forth the health care access rights of an incarcerated pregnant person and an incarcerated person who is identified as possibly pregnant or capable of becoming pregnant. Existing law prohibits the imposition of conditions or restrictions on an incarcerated person's ability to obtain an abortion. This bill would prohibit prison staff from disclosing identifying medical information related to an incarcerated person's right to seek and obtain an abortion if the information is being requested based on another state's law that interferes with a person's rights to choose or obtain an abortion or a foreign penal civil action. (3) This bill would incorporate additional changes to Sections 2029.300 and 2029.350 of the Code of Civil Procedure proposed by SB 107 to be operative only if this bill and SB 107 are enacted and this bill is enacted last. (4) This bill would declare that it is to take effect immediately as an urgency statute.