Existing law provides for the payment of unemployment compensation benefits to eligible persons who are unemployed through no fault of their own through a federal-state unemployment insurance program administered by the Employment Development Department, subject to oversight by the Director of Employment Development. Existing law requires the Department of Justice to maintain state summary criminal history information, including the identification and criminal history of a person, including name, date of birth, social security number, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person. Existing law requires the Attorney General to furnish this information to specified persons, agencies, or organizations, including the Department of Corrections and Rehabilitation, if needed in the course of their duties. Existing law makes it a crime for any person authorized by law to receive state summary criminal history information to knowingly furnish the information to a person who is not authorized by law to receive it. This bill would require the Department of Corrections and Rehabilitation to provide the name, known aliases, birth date, social security number, and booking date and expected release date, if known, of a current inmate to the Employment Development Department for the purposes of preventing payments on fraudulent claims for unemployment compensation benefits. The bill would require this information to be provided to the Employment Development Department on the first of every month and upon the Employment Development Department's request. Because this bill would expand the scope of an existing crime, the bill imposes a state-mandated local program. This bill would require, for purposes of preventing payments on fraudulent claims for unemployment compensation benefits, the Director of Employment Development to verify with the information provided by the Department of Corrections and Rehabilitation that the claimant is not an inmate currently incarcerated in the state prisons. The bill would require the Employment Development Department to complete necessary system programming or automation upgrades to allow electronic monitoring of Department of Corrections and Rehabilitation inmate data to prevent payment on fraudulent claims for unemployment compensation benefits at the earliest possible date, but not later than September 1, 2023. 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. This bill would declare that it is to take effect immediately as an urgency statute.
Sponsored bills
Existing law establishes the Child Care and Development Services Act and the Early Education act, administered by the State Department of Education and the State Department of Social Services, respectively. Existing law provides that the Child Care and Development Services Act has as one of its purposes the provision of a comprehensive, coordinated, and cost-effective system of childcare and development services that includes a full range of supervision, health, and support services through full- and part-time programs. Existing law provides that the Early Education Act has as one of its purposes the provision of an inclusive and cost-effective preschool program that provides high-quality learning experiences, coordinated services, and referrals for families to access health and social-emotional support services through full- and part-time programs. Existing law authorizes the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma, as individual pilot projects, to develop an individualized county childcare subsidy plan, as provided. Existing law concludes that pilot program for the County of Santa Clara on July 1, 2022, and concludes the pilot programs for the remaining counties on July 1, 2023. This bill would authorize the County of Santa Clara to continue the individualized county childcare subsidy plan initially developed and approved under the pilot project described above until July 1, 2023. This bill would also require the State Department of Education and the State Department of Social Services to review the existing individualized county childcare pilot programs and to provide a report containing specified recommendations to the appropriate policy and fiscal committees of the Legislature on or before June 30, 2022. The bill would repeal this requirement January 1, 2024. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Santa Clara. This bill would declare that it is to take effect immediately as an urgency statute.
The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling and provides for the payment, collection, and distribution of certain payments and fees based on minimum refund values established for beverage containers. The act requires a distributor of beverage containers to pay to the department the redemption payment for every beverage container sold or transferred to a dealer for deposit into the California Beverage Container Recycling Fund. The act defines "recycling" for its purposes as the reuse or refilling of empty beverage containers, or the process of sorting, cleansing, treating, and reconstituting empty postfilled beverage containers for the purpose of using the altered form. The act requires the department to certify processors and requires certified processors to comply with specified requirements for operation, including, among others, taking the actions necessary and approved by the department to cancel containers to render them unfit for redemption. A violation of the act is an infraction. This bill would authorize the department to authorize a processor to satisfy that cancellation requirement by washing a reusable beverage container or transferring a reusable beverage container for subsequent washing to a processor approved by the department. The bill would authorize the department to certify additional models of processors that are determined necessary to implement that provision and would require, by January 1, 2024, the Director of Resources Recycling and Recovery to adopt by regulation the requirements and standards for the certification and operation of those processors, as specified. By creating crimes relating to reusable beverage containers, the bill would impose a state-mandated local program. The bill would define "reusable beverage container" for purposes of the act to mean a glass beverage container with a refund value established pursuant to the act and that is processed by a processor for subsequent washing for refill and sale by a beverage manufacturer. 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.
Pursuant to existing federal law, the Federal Communications Commission (FCC) has adopted decisions and rules establishing reasonable time periods within which a local government is required to act on a collocation or siting application for certain wireless communications facilities. Existing law requires a collocation or siting application for a wireless telecommunications facility be deemed approved if a city or county fails to approve or disapprove the application within the time periods specified in applicable FCC decisions, all required public notices have been provided regarding the application, and the applicant has provided a notice to the city or county that the time period has lapsed. This bill would require that the time periods described above be determined pursuant to specified FCC rules. The bill would require that the city, county, or city and county notify the applicant of the incompleteness of an application within the time periods established by applicable FCC rules. The bill would require that the time period for a city or county to approve or disapprove a collocation or siting application commence when the applicant makes the first required submission or takes the first required step, as specified. The bill would prohibit, where a city or county requires a traffic control plan, or other submission or permit related to either obstruction or safety in the public right-of-way, the applicant from beginning construction before complying with that requirement, and the city or county would be prohibited from unreasonably withholding, conditioning, or delaying the approval of any submission related to this requirement. The bill would require that a city or county not prohibit or unreasonably discriminate in favor of, or against, any particular wireless technology. By imposing new duties on cities and counties, the bill would impose a state-mandated local program. 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 an act or omission that is punishable in different ways by different laws to be punished under the law that provides for the longest possible term of imprisonment. This bill, instead, would authorize an act or omission that is punishable in different ways by different laws to be punished under either of those provisions.
(1) Under existing law, the Tom Bane Civil Rights Act, if a person or persons, whether or not acting under color of law, interferes or attempts to interfere, by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney, is authorized to bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the exercise or enjoyment of the right or rights secured. Existing law also authorizes an action brought by the Attorney General, or any district attorney or city attorney, to seek a civil penalty of $25,000. Existing law also allows an individual whose exercise or enjoyment of rights has been interfered with to prosecute a civil action for damages on their own behalf. The bill would eliminate certain immunity provisions for peace officers and custodial officers, or public entities employing peace officers or custodial officers sued under the act. (2) Existing laws defines persons who are peace officers and the entities authorized to appoint them. Existing law requires certain minimum training requirements for peace officers including the completion of a basic training course, as specified. Existing law prescribes certain minimum standards for a person to be appointed as a peace officer, including moral character and physical and mental condition, and certain disqualifying factors for a person to be employed as a peace officer, including a felony conviction. This bill would prohibit a person who has been convicted of a felony, as specified, from regaining eligibility for peace officer employment based upon any later order of the court setting aside, vacating, withdrawing, expunging or otherwise dismissing or reversing the conviction, unless the court finds the person to be factually innocent of the crime for which they were convicted at the time of entry of the order. The bill would disqualify a person from being employed as a peace officer if that person has been convicted of, or has been adjudicated in an administrative, military, or civil judicial process as having committed, a violation of certain specified crimes against public justice, including the falsification of records, bribery, or perjury. The bill would also disqualify any person who has been certified as a peace officer by the Commission on Peace Officer Standards and Training and has surrendered that certification or had that certification revoked by the commission, or has been denied certification. The bill would disqualify any person previously employed in law enforcement in any state or United States territory or by the federal government, whose name is listed in the national decertification index, or any other database designated by the federal government, or who engaged in serious misconduct that would have resulted in their certification being revoked in this state. The bill would require a law enforcement agency employing certain peace officers to employ only individuals with a current, valid certification or pending certification. (3) Existing law establishes the Commission on Peace Officer Standards and Training to set minimum standards for the recruitment and training of peace officers and to develop training courses and curriculum. Existing law authorizes the commission to establish a professional certificate program that awards basic, intermediate, advanced, supervisory, management, and executive certificates on the basis of a combination of training, education, experience, and other prerequisites, for the purpose of fostering the professionalization, education, and experience necessary to adequately accomplish the general police service duties performed by peace officers. Existing law authorizes the commission to cancel a certificate that was awarded in error or obtained through misrepresentation or fraud, but otherwise prohibits the commission from canceling a certificate that has properly been issued. This bill would require the Department of Justice to provide the commission with necessary disqualifying felony and misdemeanor conviction data for all persons known by the department to be current or former peace officers, as specified. The bill would grant the commission the power to investigate and determine the fitness of any person to serve as a peace officer in the state. The bill would direct the commission to issue or deny certification, which includes a basic certificate or proof of eligibility, to a peace officer in accordance with specified criteria. The bill would require the commission to issue a proof of eligibility or basic certificate, as specified, to certain persons employed as a peace officer on January 1, 2022, who do not otherwise possess a certificate. The bill would declare certificates or proof of eligibility awarded by the commission to be property of the commission and would authorize the commission to suspend or revoke a proof of eligibility or certificate on specified grounds, including the use of excessive force, sexual assault, making a false arrest, or participating in a law enforcement gang, as defined. The bill would create the Peace Officer Standards Accountability Division within the commission to review investigations conducted by law enforcement agencies and to conduct additional investigations into serious misconduct that may provide grounds for suspension or revocation of a peace officer's certification, as specified. The bill would require the division to review grounds for decertification and make findings as to whether grounds for action against an officer's certification exist. The bill would require the division to notify the officer subject to decertification of their findings and allow the officer to request review. The bill would also create the Peace Officer Standards Accountability Advisory Board with 9 members to be appointed as specified. The bill would require the board to hold public meetings to review the findings after an investigation made by the division and to make a recommendation to the commission. The bill would require the commission to review the recommendation made by the board based on whether there is evidence that reasonably supports the board's conclusion that misconduct has been established and, if action is to be taken against an officer's certification, return the determination to the division to commence formal proceedings consistent with the Administrative Procedure Act. The bill would require the commission to notify the employing agency and the district attorney of the county in which the officer is employed of this determination, as specified. The bill would make all records related to the revocation of a peace officer's certification public and would require that records of an investigation be retained for 30 years. The bill would require an agency employing peace officers to report to the commission the employment, appointment, or separation from employment of a peace officer, any complaint, charge, allegation, or investigation into the conduct of a peace officer that could render the officer subject to suspension or revocation, findings by civil oversight entities, and civil judgements that could affect the officer's certification. In case of a separation from employment or appointment, the bill would require each agency to execute an affidavit-of-separation form adopted by the commission describing the reason for separation. The bill would require the affidavit to be signed under penalty of perjury. By creating a new crime, this bill would impose a state-mandated local program. The bill would require the board to report annually on the activities of the division, board, and commission, relating to the certification program, including the number of applications for certification, the events reported, the number of investigations conducted, and the number of certificates surrendered or revoked. By imposing new requirements on local agencies, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 832.7 of the Penal Code proposed by SB 16 to be operative only if this bill and SB 16 are enacted and this bill is enacted last. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes a peace officer to make an arrest pursuant to a warrant or based upon probable cause, as specified. Under existing law, an arrest is made by the actual restraint of the person or by submission to the custody of the arresting officer. Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance. Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the regular and periodic training of law enforcement officers in the use of force. Existing law prohibits a law enforcement agency from authorizing the use of a carotid restraint or a choke hold, as defined. This bill would additionally prohibit a law enforcement agency from authorizing techniques or transport methods that involve a substantial risk of positional asphyxia, as defined. By requiring local agencies to amend use of force policies, this bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Under the California Constitution and the Public Utilities Act, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. The act establishes the Universal Lifeline Telephone Service program (lifeline program) in order to provide low-income households with access to affordable basic residential telephone service. This bill would require the commission, before March 1, 2022, to adopt updated rules for the lifeline program establishing a modified recertification process that minimizes barriers to lifeline subscriber recertification and reduces the burden and cost of recertification on the lifeline program, as specified. The bill would require the commission, in consultation with lifeline service providers, the Federal Communications Commission, and the Universal Service Administrative Company, before January 1, 2023, to adopt updated rules for the lifeline program with the goal of achieving recertification rates at least equivalent to those rates achieved for the federal lifeline program. The bill would require the commission to annually publicly report on its internet website the participation and recertification rates of eligible lifeline subscribers. Under existing law, a violation of the act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be a part of the act and because a violation of an order, decision, rule, direction, demand, or requirement of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program. 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 generally requires the licensure and regulation of various health care facilities, including, among others, a hospice facility. The Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, prohibits specified criminal penalties from being imposed on a patient or a patient's primary caregiver who possesses or cultivates cannabis for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. Existing law, known as the Medical Marijuana Program, requires counties to administer an identification card program for qualified patients and provides immunity from arrest to qualified patients with a valid identification card or designated primary caregivers, within prescribed limits. This bill, the Compassionate Access to Medical Cannabis Act or Ryan's Law, would require specified types of health care facilities to allow a terminally ill patient's use of medicinal cannabis within the health care facility, subject to certain restrictions. The bill would require a patient to provide the health care facility with a copy of their medical marijuana card or written documentation that the use of medicinal cannabis is recommended by a physician. The bill would require a health care facility to reasonably restrict the manner in which a patient stores and uses medicinal cannabis to ensure the safety of other patients, guests, and employees of the health care facility, compliance with other state laws, and the safe operations of the health care facility. The bill would provide that compliance with the bill would not be a condition for obtaining, retaining, or renewing a license as a health care facility. The bill would require that health care facilities permitting patient use of medical cannabis comply with other drug and medication requirements, as specified, and would make those facilities subject to enforcement actions by the State Department of Public Health. The bill would authorize a health care facility to suspend compliance with these provisions if a regulatory agency, the United States Department of Justice, or the federal Centers for Medicare and Medicaid Services takes specified actions, including initiating an enforcement action against a health care facility related to the facility's compliance with a state-regulated medical marijuana program.
Existing law requires county elections officials to mail a ballot to every registered voter for all elections proclaimed or conducted prior to January 1, 2022. Existing law requires county elections officials to use a specified Secretary of State vote by mail tracking system or a system that meets the same specifications. This bill would extend the requirements to mail a ballot to every registered voter to all elections and apply them to all local elections officials. This bill would require a vote by mail tracking system to be accessible to voters with disabilities. The bill would also make various conforming and technical changes. Existing law requires county elections officials to permit voters with a disability, and military or overseas voters, to cast a ballot using a certified remote accessible vote by mail system, and required county elections officials to permit any voter to cast a ballot using a certified remote accessible vote by mail system for the November 3, 2020, statewide general election. This bill would require county elections officials to permit any voter to cast a ballot using a certified remote accessible vote by mail system for any election. Under existing law, a vote by mail ballot is timely cast if it is voted on or before election day and, if returned by mail, received by the voter's elections official via the United States Postal Service, or a bona fide private mail delivery company, no later than 3 days after election day. This bill would provide instead that a vote by mail ballot is timely cast if it is voted on or before election day and, if returned by mail, received no later than 7 days after election day. This bill would authorize an elections official to consider any information from the United States Postal Service or a bona fide private mail delivery company that indicates the date on which the ballot was mailed, in order to determine whether a vote by mail ballot was timely cast. Existing law authorizes a jurisdiction in which vote by mail ballots are cast to begin processing vote by mail ballot return envelopes 29 days before the election. Existing law authorizes a jurisdiction having the necessary computer capability to start processing vote by mail ballots on the 15th business day before the election, except, for the statewide general election held on November 3, 2020, these jurisdictions were authorized to start processing the ballots on the 29th day before the election. Existing law authorizes all other jurisdictions to start processing vote by mail ballots at 5 p.m. on the day before the election. Existing law authorizes a county elections official to establish vote by mail ballot drop-off locations, as defined. Existing law authorizes a county to conduct any election as an all-mailed ballot election under certain specified conditions. This bill would require any county that does not conduct an all-mailed ballot election to provide at least two vote by mail ballot drop-off locations within the jurisdiction where the election is held, or at least one vote by mail ballot drop-off location for every 30,000 registered voters within the jurisdiction where the election is held, whichever results in more vote by mail ballot drop-off locations. In a jurisdiction with fewer than 30,000 registered voters, the bill would require at least one vote by mail ballot drop-off location, and would require the elections official to make a reasonable effort to provide a ballot drop-off location in the jurisdiction where the election is held. This bill would require the operation of vote by mail ballot drop-off locations to meet certain specified criteria. This bill would authorize a jurisdiction having the necessary computer capability to start processing vote by mail ballots the 29th day before any election. By requiring local elections officials to mail a ballot to every registered voter, and to take other actions, this bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.