Asm. Ash Kalra

Existing law permits the Governor to proclaim a state of emergency during conditions of disaster or of extreme peril to the safety of persons and property, including epidemics. Existing law provides that the proclamation takes effect immediately, affords specified powers to the Governor, and terminates upon further proclamation by the Governor. Existing law prohibits the eviction of residential tenants during the pendency of a state of emergency, except as specified. This bill would prohibit a commercial landlord, as defined, from serving a specified notice of eviction on a commercial tenant, as defined, until 90 days after the state of emergency proclaimed by the Governor on March 4, 2020, is lifted and if specified criteria apply, including that the commercial tenant served a written notice on the landlord affirming, under the penalty of perjury, that the commercial tenant is an eligible COVID-19 impacted commercial tenant. By creating a new crime with regard to the notice being signed under the penalty of perjury, the bill would impose a state-mandated local program. The bill would define an "eligible COVID-19 impacted commercial tenant" for the purposes of these provisions as a commercial tenant, operating primarily in California, that occupies commercial real property pursuant to a lease and that meets certain financially related criteria. The bill would provide that specified notices of eviction served on commercial tenants are void under specified circumstances, including that the commercial tenant was an eligible COVID-19 impacted commercial tenant at the time the notice of eviction was served. The bill, among other things, would also provide a means for stopping an eviction in process, prohibit nonpayment of rent during the state of emergency from being grounds for an unlawful detainer action, as provided, limit when late fees can be imposed on a commercial tenancy, and require the landlord to provide written notice of the protections afforded by these provisions. The bill would prohibit the landlord from willfully harassing, intimidating, threatening, or retaliating against a commercial tenant with the intent to terminate the occupancy, and would subject the landlord to various damages if found by a court to have engaged in that behavior. The bill would also make a willful violation of these provisions an unlawful business practice and an act of unfair competition, subject to specified remedies and penalties. This bill would authorize an eligible COVID-19 impacted commercial tenant, defined for the purposes of these provisions as a small business that operates primarily in California and is an eating or drinking establishment, place of entertainment, or performance venue that occupies commercial real property pursuant to a lease and that meets specified financially related criteria, to engage in good faith negotiations with its landlord in order to modify any rent or economic requirements. The bill would authorize an eligible COVID-19 impacted commercial tenant (eligible tenant) to serve written notice on the landlord, affirming under the penalty of perjury, that the commercial tenant is an eligible tenant and stating what lease modifications the commercial tenant is seeking. By creating a new crime with regard to the notice being signed under the penalty of perjury, the bill would impose a state-mandated local program. The bill would also provide that if the eligible tenant and the landlord do not reach a mutually satisfactory agreement within a certain timeframe, the eligible tenant is authorized to terminate the lease, as provided. The bill would exclude publicly traded companies and affiliated companies from these provisions. The bill would make these provisions inoperative on December 31, 2021, or 2 months after the declared state of emergency ends, whichever is later. 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.

This measure would declare the week of February 17 to February 21, 2020, inclusive, as California Fitness Week, and would encourage Californians to enrich their lives through proper nutrition and exercise.

This measure would proclaim February 20, 2020, as Introduce a Girl to Engineering Day.

This measure would recognize February 2020 as Black History Month, urge all citizens to join in celebrating the accomplishments of African Americans during Black History Month, encourage the people of California to recognize the many talents of African Americans and the achievements and contributions they make to their communities to create equity and equality for education, economics, and social justice, and recognize the significance in protecting citizens' right to vote and remedying racial discrimination in voting.

The California Constitution requires the Legislature to convene in regular session on specified dates and provides that a majority of the membership constitutes a quorum, although a lesser number may recess from day to day and compel the attendance of absent members. The California Constitution requires the proceedings of each house of the Legislature to be open and public and recognizes the right of the public to attend, record, and broadcast those proceedings. The California Constitution authorizes the Legislature to provide for the convening of the Legislature to meet the needs resulting from a war-caused or enemy-caused disaster in the state. This measure would permit Members to remotely attend and vote in a legislative proceeding, or to vote by proxy in a legislative proceeding if permitted by their house, during the pendency of a state of emergency declared by the Governor or the President of the United States, under specified conditions. The measure would provide, among other conditions, that a Member may remotely attend and vote, or vote by proxy as authorized, in a proceeding only if the state of emergency prevents the Member from safely attending the proceeding in person. The measure would also provide that a Member attending remotely would be included in the determination of a quorum. The measure would provide that if 15 or more of the Members of a house cannot attend a proceeding during a state of emergency because they are deceased, disabled, or missing, a quorum may be established by a majority of those Members able to attend. The measure would specify that the Legislature may provide by statute for temporarily filling the vacant offices of Members with pro tempore members in the event that 15 or more of the Members of a house are deceased, disabled, or missing during a state of emergency. The measure would require the Legislature by concurrent resolution, or each house by separate resolutions, 23 of the membership concurring, to adopt rules to implement this provision no later than the end of the biennial legislative session in which this measure takes effect, except as specified.

Existing law authorizes the state, a local or regional public fire agency, or a local or regional law enforcement agency to establish a peer support and crisis referral program to provide a network of peers available to aid fellow emergency services or law enforcement personnel on emotional or professional issues. Existing law authorizes emergency services or law enforcement personnel to refuse to disclose, and to prevent another from disclosing, a confidential communication between them and a peer support team member, crisis hotline staff member, or crisis referral service, except under limited circumstances, including in a criminal proceeding. Under existing law, a person providing peer support services, as specified, and the agency that employs that person are not liable for damages, except in an action for medical malpractice, relating to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct. This bill would authorize the Department of Corrections and Rehabilitation to establish a peer support and crisis referral program until January 1, 2024. The bill would extend the above-described confidentiality protections to correctional personnel who participate in a peer support and crisis referral program and would extend the above-described liability protections to the department and correctional employees who are peer support team members. The bill would require the department to establish a peer support advisory committee to advise, assist, support, and advocate for the program, and to establish a selection panel to screen and process applications, interviews, and member selection for the committee.

This measure would proclaim March 15, 2020, to March 22, 2020, as California Down Syndrome Awareness Week and March 21, 2020, as California Down Syndrome Day, and would encourage all Californians to support and participate in related activities.

This measure would designate the month of October 2020 as California Hindu American Awareness and Appreciation Month. The measure would also recognize and acknowledge the significant contributions made by Californians of Hindu heritage to the state and seek to increase awareness and understanding of the Hindu American community.

This measure would recognize August 15, 2020, as India's Independence Day, and urge all Californians to join in celebrating India's independence.