Existing law establishes various real estate disclosure requirements applicable to the transfer of residential real property. This bill would require an owner of residential real property, defined to include a single-family residential property that is occupied by a tenant or a multifamily residential property except as specified, to take various actions before offering the residential real property for sale to any purchaser, soliciting any offer to purchase the residential real property, or otherwise entering into a contract for sale of the residential real property. The bill would exempt certain transfers of a residential real property from its provisions, including, among others, a transfer between spouses, domestic partners, parent and child, siblings, grandparent and grandchild, a transfer pursuant to a court order, and a transfer by eminent domain. This bill would require the owner of the residential real property to notify each tenant and each qualified entity, as defined, of the owner's intent to sell the residential real property. The bill would provide each qualified entity with 10 days to notify the property owner of their interest in purchasing the property and further provide a qualified entity with either 60 days or 40 days, depending on the number of units of the property, to submit an offer to purchase the residential real property. This bill would allow a property owner to sell the property to any party if the property owner does not receive any interest to purchase the property from a qualified entity or receive an offer from a qualified entity within these timeframes. The bill would allow a property owner to reject any offer received from a qualified entity and sell to a party that is not a qualified entity, but would provide a qualified entity that submits a rejected offer with 10 days to invoke a right of first refusal to match a subsequent offer accepted by the property owner, as specified. This bill would require a qualified entity that purchases a residential real property pursuant to these provisions and all successive owners to retain all existing tenancies and to restrict the units of the property to rents affordable to persons and families of low and moderate income, with the maximum average income of the tenants not to exceed 80% of the area median income, as specified. The bill would provide that these affordability requirements shall be recorded, as specified, and that the affordability requirements are enforceable, as specified. The bill would require the qualified entity to provide the tenants of a single-family residential real property or a current or future resident organization in a multifamily residential real property with 18 months to purchase the entire residential real property, or, if ownership of the land will be retained by a community land trust under a 99-year ground lease, the opportunity to purchase improvements, after the qualified entity takes title of the property. This bill would require the Department of Housing and Community Development to develop a process for qualified entities, including, among others, a local public entity, eligible nonprofit corporation, limited equity housing cooperative, and resident organizations formed for the purpose of acquiring a multifamily residential real property, to notify the department of their interest in purchasing residential real property. The bill would require the department to maintain a list of those organizations that have submitted this notice on its internet website. This bill would require each owner that sells a residential real property to record, or cause to be recorded, a certification of compliance under penalty of perjury at the time of sale, as specified, and would make failure to file the certificate an infraction punishable as specified. By expanding existing crimes, the bill would impose a state-mandated local program. The bill would also grant a private cause of action to specified entities to enforce the provisions of the bill, and would allow for civil remedies, as specified. Existing law imposes various requirements to be satisfied prior to exercising a power of sale under a mortgage or deed of trust. Existing law, with respect to residential real property containing up to 4 dwelling units, requires a mortgagee, trustee, beneficiary, or authorized agent to provide to the mortgagor or trustor a copy of the recorded notice of default and a copy of the recorded notice of sale. This bill would additionally require a mortgagee, trustee, beneficiary, or authorized agent to, upon filing a notice of default, provide to the mortgagor or trustor a list of qualified entities located within the county of the residential real property, as defined. The bill would also require the mortgagee, trustee, beneficiary, or authorized agent to notify the tenant of the residential real property of the filing of a notice of default. 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.
Asm. Ash Kalra
Sponsored bills
(1) Existing law allows a defendant to be released under their own recognizance pending trial if a defendant files with the clerk of the court, or other person authorized to accept bail, a signed release agreement that includes various stipulations by the defendant. The bill would, for a defendant released from custody under a court's order for pretrial supervision, prohibit a defendant from being charged a fee for pretrial supervision, maintain information obtained in pretrial supervision services apart from law enforcement and criminal justice records, and make confidential information in the course of performing pretrial supervision subject to specified exceptions, including that the court may order the disclosure of information if the information is material, exonerating on the issue of guilt, and would not otherwise be available. The bill would authorize the disclosure of information to specified entities, including to the court to determine bail, release, and conditions of release, detention, compliance with release conditions, or sentencing, and to a law enforcement agency upon a reasonable belief that the information is necessary to assist in apprehending an individual. The bill would prohibit the admissibility of this information on the issue of guilt in a criminal proceeding except when the crime was committed while on pretrial supervision or a defendant failed to appear in a criminal proceeding while on pretrial supervision. (2) Existing law allows a court to employ an investigative staff to make a recommendation on whether a defendant should be released on their own recognizance pending trial. Existing law requires an investigative report be prepared in all cases involving specified felonies with a recommendation on whether a defendant should be released on their own recognizance. Existing law requires the report to be submitted to the court prior to a specified hearing. The bill would authorize an investigative report for every investigation by a court-employed investigative staff. If a report is issued, the bill would require the investigative staff only to include information relevant to the release of a defendant and would prohibit the investigative staff from soliciting from a defendant information regarding the circumstances of the alleged offense. The bill would require the report to be kept confidential and would not allow the report to be admissible on the issue of guilt in a criminal proceeding. (3) Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and agencies, a public utility, or any other entity, if needed in the course of their duties, including the courts, district attorneys, and probation and parole officers. Existing law allows the department to furnish federal level criminal history information upon a showing, as specified, to various state and local government officers, officials, and agencies, a public utility, and any other entity. Under existing law, the disclosure of state summary criminal history information to an unauthorized person is a crime. The bill would also require the Attorney General to furnish state summary criminal history information to county staff performing pretrial release services, as specified, and if needed in the course of their duties, and allow the Attorney General to furnish federal level criminal history information to a treatment provider, as specified, with the consent of the subject of the state summary criminal history and for purposes of furthering the subject's compliance with pretrial release or diversion. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. (4) Existing law requires a local criminal justice agency to furnish local summary criminal history information, as defined, to various state and local government officers, officials, and agencies, a public utility, or any entity, when the information is needed in the course of their duties. Under existing law, the disclosure of local summary criminal history information to an unauthorized person is a crime. The bill would also require a local criminal justice agency to furnish local summary criminal history information to a county staff performing pretrial release services, as defined, and would allow a local criminal justice agency to furnish local summary criminal history information to a treatment provider as specified, with the consent of the subject of the local summary criminal history and for purposes of furthering the subject's compliance with pretrial release or diversion. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. (5) Existing law defines "criminal justice agencies" as agencies that perform activities that relate to the apprehension, prosecution, adjudication, incarceration, or correction of criminal offenders. Under existing law, a criminal justice agency, among other things, compiles records and data for the purpose of identifying criminal offenders and maintaining specified information pertaining to each offender, including a summary of arrests and pretrial proceedings. The bill would include pretrial release within the definition of an activity of a criminal justice agency. By imposing a new duty on local government, the bill would create a state-mandated local program. (6) Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. This bill would make the report inadmissable in a criminal proceeding, as specified, thereby requiring this bill to be passed by a 23 vote of both houses of the Legislature. (7) 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. (8) 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, the Michelle Maykin Memorial Donation Protection Act, requires an employer to grant an employee an unpaid leave of absence, as specified, for the purpose of organ donation. Existing law establishes the State Department of Health Care Services within the California Health and Human Services Agency. Existing law sets forth the department's powers and duties relating to, among other things, public health, licensing and certification of certain health facilities, and the state Medi-Cal program. This bill, the Living Organ Donor Reimbursement Act, would establish the Living Organ Donor Reimbursement Program in the State Department of Health Care Services to reduce financial barriers for living organ donors. The bill would authorize living organ donors, as defined, to apply to the department for reimbursement of qualified donation expenses, as defined, that were not, or will not, otherwise be reimbursed, including travel and lodging expenses, lost wages, child care costs, and copayments and deductibles for prescription and over-the-counter medications needed as a result of the donation. The bill would limit the total reimbursement costs awarded to each living organ donor to $10,000 per organ donation. The bill would create the Living Organ Donor Reimbursement Fund within the State Treasury. The bill would authorize the Controller to accept donations to the fund from private entities, and would continuously appropriate these moneys for purposes of the program. The bill would require the Controller to allocate other moneys in the fund, upon appropriation by the Legislature, for purposes of the program. The bill would require the department to report specified information to the Legislature on or before January 1, 2026, relating to the implementation of the program. The bill would repeal the provisions of the bill on January 1, 2027. This bill would also make findings and declarations related to a gift of public funds.
This measure would recognize March 2022 as Sudden Unexplained Death in Childhood Awareness Month.
This measure would proclaim the month of March 2022 as Traumatic Brain Injury Awareness Month.
This measure would resolve that the Legislature declares March 12, 2022, as National Girl Scout Day.
(1) Existing law requires state agencies to develop and implement a telecommuting plan, as specified, and to evaluate their telecommuting programs. This bill would require agencies to periodically update their plans to respond to changing technology and its impact on worker well-being. (2) Existing law, the California Consumer Privacy Act of 2018 (CCPA) , grants consumers various rights with respect to personal information that is collected or sold by a business, as defined. The CCPA exempts, until January 1, 2023, personal information that is collected and used by a business solely within the context of having an emergency contact on file, administering specified benefits, or a person's role or former role as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or an independent contractor of that business. The CCPA declares the intent of the act to further the constitutional right to privacy and provides that in the event of conflict between the act and other laws, the provisions of law providing for the greatest protection for the right of privacy for consumers will prevail. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA. This bill would impose various duties on employers and their vendors regarding the ability to collect and use worker data, as defined. Specifically, the bill would confer the right to workers to know, review, correct, and secure data collected from them by their employer and would limit the ability of an employer to use that data beyond specified purposes. The bill would impose various limitations on the collection and use of data via electronic monitoring, would impose limitations on the purpose and effect of using Automatic Decision Systems, as defined, and would require employers to prepare and publish impact assessments for the use of various technology. (3) Existing law establishes the Labor and Workforce Development Agency, which is composed of various departments responsible for protecting and promoting the rights and interests of workers in California, including the Division of Labor Standards Enforcement, led by the Labor Commissioner, the Division of Occupational Safety and Health, and the Division of Workers' Compensation, within the Department of Industrial Relations. Existing law requires the Labor Commissioner to establish and maintain a field enforcement unit in order to ensure that minimum labor standards are adequately enforced. Existing law also establishes the Department of Fair Employment and Housing to investigate and prosecute unlawful employment practices. This bill would require the Labor and Workforce Development Agency in coordination with its various departments and the Department of Fair Employment and Housing to enforce the worker data protections created by this bill. Specifically, the bill would impose the primary duty of administration and enforcement on the field enforcement unit under the Labor Commissioner and would require the Department of Fair Employment and Housing to investigate and prosecute worker complaints of violations of these provisions in coordination with the Division of Labor Standards Enforcement. The bill would require the Labor and Workforce Development Agency to adopt regulations to administer and enforce these provisions, including regulations providing for the coordination of enforcement by the divisions within the Department of Industrial Relations, including the Division of Occupational Health and Safety and the Division of Workers' Compensation. To advise on the adoption of regulations, the bill would require the Labor Commissioner to convene a committee of stakeholders, including representatives from the Department of Industrial Relations, as specified, and the Department of Fair Employment and Housing. The bill would establish penalties and create a civil cause of action for violation of these provisions.