Asm. Kevin Mullin

Existing law, the California Fair Employment and Housing Act, makes specified employment and housing practices unlawful, including discrimination against or harassment of employees and tenants, among others. Existing law authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a complaint with the Department of Fair Employment and Housing within one year from the date upon which the unlawful practice occurred, unless otherwise specified. This bill would extend the above-described period to 3 years for complaints alleging employment discrimination, as specified. The bill would make conforming changes in provisions that grant a person allegedly aggrieved by an unlawful practice who first obtains knowledge of the facts of the alleged unlawful practice after the expiration of the limitations period, as specified. This bill would state that its changes shall not be interpreted to revive lapsed claims.

(1) The Child Care and Development Services Act has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services, for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support service through full- and part-time programs. The act requires the Superintendent of Public Instruction to adopt rules and regulations on eligibility, enrollment, and priority of services needed to implement the act. The act provides that a family, upon establishing initial eligibility or ongoing eligibility for services, shall receive those services for not less than 12 months. The act provides, as an exception to the above provision relating to receiving services for 12 months, that a family that establishes initial eligibility or ongoing eligibility on the basis of seeking employment shall receive services for not less than 6 months. The act, for purposes of establishing income eligibility for services, defines "income eligible" to mean a family has an adjusted monthly income at or below 70% the state median income, as provided. This bill would delete the 6-month exception for families establishing initial eligibility or ongoing eligibility on the basis of seeking employment. The bill would instead define "income eligible" to mean that a family has an adjusted monthly income at or below 85% the state median income. (2) The act requires the Superintendent to administer all California state preschool programs, which include part-day age and developmentally appropriate programs designed to facilitate the transition to kindergarten for 3- and 4-year-old children. The act defines 3-year-old children and 4-year-old children as children who will have their 3rd or 4th birthday, respectively, on or before September 1 of the fiscal year in which they are enrolled in a state preschool program. This bill would instead define 3- and 4-year-old children as those who will have their 3rd or 4th birthday, respectively, on or before December 1 of the fiscal year in which they are enrolled in a state preschool program. The bill would authorize children who have their 3rd birthday on or after December 2 of the fiscal year, to be enrolled in a state preschool program on or after their 3rd birthday. (3) The act requires at least 12 of the children enrolled at a preschool site to be 4-year-old children, as provided. This bill would delete this requirement. (4) The act requires the Superintendent to implement a plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service. This bill would authorize a center-based child care agency contracting with the State Department of Education to provide center-based child care services to schedule up to 2 days of staff training, per contract period, using state reimbursement funding on specified topics. (5) The act requires the department to promote full utilization of child care and development funds and match available unused funds with identified service needs. The act requires the department to arrange interagency adjustments between different contractors with the same type of contract when both agencies mutually agree to a temporary transfer of funds for the balance of the fiscal year. This bill would also require the department to arrange intraagency adjustments between the state preschool program contracts and general child care contracts for the same agency and funding allocation. The bill would require the department to establish timelines for intraagency contract fund transfers. The bill would authorize the department to implement and administer these provisions through the issuance of guidance or other written directives, as provided. (6) This bill's provisions would become operative on July 1, 2019.

Existing law imposes certain obligations in the context of particular transactions, and provides mechanisms to enforce those obligations. This bill would enact the California Internet Consumer Protection and Net Neutrality Act of 2018. This act would prohibit fixed and mobile Internet service providers, as defined, that provide broadband Internet access service, as defined, from engaging in specified actions concerning the treatment of Internet traffic. The act would prohibit, among other things, blocking lawful content, applications, services, or nonharmful devices, impairing or degrading lawful Internet traffic on the basis of Internet content, application, or service, or use of a nonharmful device, and specified practices relating to zero-rating, as defined. It would also prohibit fixed and mobile Internet service providers from offering or providing services other than broadband Internet access service that are delivered over the same last-mile connection as the broadband Internet access service, if those services have the purpose or effect of evading the above-described prohibitions or negatively affect the performance of broadband Internet access service.

Existing law establishes the "Sexual Assault Victims' DNA Bill of Rights" which prescribes requirements for law enforcement agencies and crime labs regarding the processing of forensic evidence in sexual assault cases and requires certain notifications to be made to the victim. This bill would require all law enforcement agencies, medical facilities, crime laboratories, and any other facilities that receive, maintain, store, or preserve sexual assault evidence kits to conduct an audit of all untested sexual assault evidence kits in their possession and report certain data to the Department of Justice by no later than July 1, 2019. The bill would also require the Department of Justice to prepare and submit a report to the Legislature regarding the results of these audits by no later than July 1, 2020. By requiring local government entities to complete an audit and submit a report, 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.

(1) Existing law establishes the San Francisco Bay Area Rapid Transit District (BART) with various powers and duties and establishes a board of directors as the legislative body of the district. Existing law requires the board to determine all questions of district policy and what transit facilities should be acquired or constructed, and authorizes the board to establish zones within the district to undertake the acquisition or construction of any transit facilities. This bill would require the board to adopt by ordinance new transit-oriented development (TOD) zoning standards for each station that establish minimum local zoning requirements for height, density, parking, and floor area ratio only, that apply to an eligible TOD project, as defined. The bill would require that the adoption of, or amendments to, the TOD zoning standards comply with specified requirements and would require affected local jurisdictions to adopt a local zoning ordinance that conforms to the TOD zoning standards and is operative within 2 years of the date that the TOD zoning standards are adopted by the board for a station, or by July 1, 2022, if the board has not adopted TOD zoning standards for the station. The bill would provide that BART's approval of TOD zoning standards is subject to California Environmental Quality Act (CEQA) review and would designate BART as the lead agency for CEQA review, as specified. This bill would, where local zoning remains inconsistent with the TOD zoning standards after July 1, 2022, require the TOD zoning standards to become the local zoning for any BART-owned parcels that are at least 75% within 12 mile of any existing or planned BART station entrance within the BART district in areas represented on the board, as specified. The bill would require BART to ensure any otherwise applicable local design standards are included as general guidance to the TOD developer, and would require a TOD developer to adhere to any applicable local design standards insofar as those standards do not prohibit the minimum height, minimum density, minimum floor area ratio, and maximum parking allowances required by the TOD zoning standards. The bill would require that, where housing is proposed as part of a TOD project, a certain minimum of residential housing units is affordable housing, as specified, and that the construction of the TOD project complies with specified labor requirements. The bill would provide that when BART enters into an exclusive negotiating agreement with a developer for development of an eligible TOD project, that agreement shall confer a vested right to proceed with development, as specified. The bill would provide that its provisions are repealed on January 1, 2029, except as otherwise specified. The bill would enact other related provisions and exceptions. By increasing the duties of local public officials, the bill would impose a state-mandated local program. (2) The bill would include legislative findings and declarations in support of the act being a matter of statewide concern. (3) 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.

Existing law requires the Secretary of State to compile, publish, and distribute a roster of the State and local public officials of California, whenever an appropriation is made by the Legislature for that purpose. This bill would require the Secretary of State to request proposals to establish an Internet Web site that displays the names and contact information, including the office phone number, email address, and office address, of each voter's specified local, state, and federal elected officials, which would be displayed upon a voter submitting his or her address information on the Internet Web site. The bill would specify criteria for the Internet Web site, including limits on the cost to establish and update it. The bill would authorize the Secretary to elect not to establish the Internet Web site if he or she does not receive qualifying proposals that meet those criteria, but would require the Secretary to establish the Internet Web site if he or she determines that the Internet Web site can be established using existing personnel at a lower cost than any qualified proposal.

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (the act) , establishes the Emergency Medical Services Authority to coordinate and integrate all state activities concerning emergency medical services, including, among other duties, establishing training standards for specified emergency services personnel. The act provides a qualified immunity for public entities and emergency rescue personnel providing emergency services. The act provides other exemptions from liability for specified professionals rendering emergency medical services. Existing law, the Veterinary Medicine Practice Act, governs the practice of veterinary medicine in this state and makes it unlawful for any person to practice veterinary medicine in this state without a valid license issued pursuant to the act. For purposes of the act, the practice of veterinary medicine includes, among other things, administering a drug, appliance, or treatment for the cure or relief of a wound, fracture, or bodily injury of an animal. This bill would authorize an emergency responder, as defined, to provide basic first aid to dogs and cats, as defined, to the extent that the provision of that care is not prohibited by the responder's employer. The bill would limit civil liability for specified individuals who provide care to a pet or other domesticated animal during an emergency by applying existing provisions of state law. The definition of "basic first aid to dogs and cats" for purposes of these provisions would specifically include, among other acts, administering oxygen and bandaging for the purpose of stopping bleeding.