(1) Existing law establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for these awards for participating students attending qualifying institutions. This bill would enact the Cal Grant Reform Act, which would revise and recast the provisions establishing and governing the existing Cal Grant Program into a new Cal Grant Program. The bill would specify that the Cal Grant Reform Act would only become operative upon the appropriation by the Legislature, in the annual Budget Act or another statute, of sufficient funds to fully implement its provisions. The bill would authorize the commission to adopt emergency regulations to implement the Cal Grant Reform Act. The new Cal Grant Program would also include a Cal Grant 2 Program and a Cal Grant 4 Program, with eligibility requirements as specified. The provisions rendering several existing provisions of the Cal Grant Program inoperative would take effect on July 1, 2024, or on a date determined in the annual Budget Act, whichever date is later. The Cal Grant Reform Act would become operative for students to apply for aid beginning October 1, 2023, and to receive aid for the 2024–25 academic year. The bill would require the Trustees of the California State University, and request the Regents of the University of California, to adopt a statement of policy on or before June 30, 2023, on how their institutional aid programs address student basic needs and how these institutional funds are prioritized for disbursement. The bill would require the University of California, the California State University, private nonprofit and for-profit institutions of higher education, and community college districts whose students receive Cal Grant aid to report specified data to the Department of Finance, the Legislative Analyst's Office, and the higher education policy and fiscal committees of the Legislature for each academic year, starting with the 2021–22 academic year, by March 31 of the subsequent academic year. To the extent that this provision would impose new duties on community college districts, it would constitute a state-mandated local program. (2) This bill would incorporate additional changes to Section 66025.9 of the Education Code proposed by SB 512 to be operative only if this bill and SB 512 are enacted and this bill is enacted last. (3) This bill would incorporate additional changes to Section 76300 of the Education Code proposed by AB 1113 to be operative only if this bill and AB 1113 are enacted and this bill is enacted last. (4) 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.
Sponsored bills
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 requires the Agricultural Labor Relations 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 secret ballot election as a polling place election. This bill would also permit agricultural employees, as an alternative election procedure, to select their labor representatives through a representation ballot card election by submitting a petition to the board supported by representation ballot cards signed by a majority of employees in the bargaining unit. This bill would require the board to conduct an immediate investigation regarding the validity of the petition and the supporting representation ballot cards and, within 5 days after receiving a petition, to make an administrative decision as to whether the petition meets certain requirements and as to whether the labor organization submitted the requisite number of cards. The bill would require the board to certify the labor organization as the exclusive bargaining representative if the board determines that the labor organization has submitted the required number of representation ballot cards and the cards meet specified criteria. 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.
(1) Existing law defines the crime of rape as an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator under specified circumstances. Existing law separately defines the crime of rape of a person who is the spouse of the perpetrator as an act of sexual intercourse under specified circumstances. Under existing law, an act of sexual intercourse in which a person is unconscious of the nature of the act because of the perpetrator's fraudulent representation that the sexual penetration served a professional purpose or in which a person submits under the belief that the person committing the act is someone known to the victim other than the accused both constitute rape, but do not constitute spousal rape. This bill would expand the definition of the crime of rape to include those acts when accomplished with a person who is a spouse of the perpetrator and would repeal the crime of spousal rape. By expanding the definition of a crime, this bill would impose a state-mandated local program. (2) Existing law requires persons convicted of specified sex offenses to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Willful failure to register is a crime. Existing law requires a person convicted of rape to register as a sex offender. Existing law requires a person convicted of spousal rape to register only if the act involved the use of force or violence for which the person was sentenced to state prison. This bill would require a person convicted of rape of a person who is the perpetrator's spouse to register as a sex offender under all circumstances defining rape. By imposing additional duties on local authorities, and by requiring additional persons to be registered as sex offenders, who, if they fail to do so commit a crime, this bill would create a state-mandated local program. (3) Existing law allows a defendant to plea bargain in response to an accusatory pleading charging a felony, except that certain crimes are excluded, including rape of an unconscious person who is not the spouse of the perpetrator. This bill would make this exception to the general authorization to plea bargain applicable to the rape of an unconscious person who is the spouse of the perpetrator. (4) The bill would make numerous conforming changes. (5) 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.
The federal Higher Education Act of 1965 prohibits, as a condition of participating in federal student aid programs, a for-profit private postsecondary educational institution from deriving less than 10 percent of its revenues for each fiscal year from sources other than federal financial assistance, as defined. Under the federal act, if an institution fails to comply with the requirement for 2 consecutive fiscal years, it loses its eligibility to participate in federal financial assistance programs for at least two fiscal years. The California Private Postsecondary Education Act of 2009 provides for the regulation of private postsecondary educational institutions by the Bureau for Private Postsecondary Education in the Department of Consumer Affairs. This bill would prohibit private postsecondary educational institutions, commencing with the 2023–24 academic year, from enrolling California residents if, pursuant to that federal law, for the previous 2 consecutive fiscal years or 2 out of the previous 3 fiscal years it derived less than 10 percent of its revenues from sources other than federal financial assistance.
Existing law classifies certain controlled substances into Schedules I to V, inclusive. Existing law requires the Department of Justice to maintain the Controlled Substance Utilization Review and Evaluation System (CURES) database for the electronic monitoring of the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances by a health care practitioner authorized to prescribe, order, administer, furnish, or dispense a Schedule II, Schedule III, or Schedule IV controlled substance. Existing law requires a dispensing pharmacy, clinic, or other dispenser to report specified information to the department for inclusion in the database. This bill would repeal those provisions as of January 1, 2023.
Existing law establishes various boards, as defined, within the Department of Consumer Affairs for the licensure and regulation of various professions and vocations. Existing law requires a member of certain boards to receive a per diem of $100 for each day actually spent in the discharge of official duties and to be reimbursed for traveling and other expenses necessarily incurred in the performance of official duties. Existing law requires payment to be made only from the fund from which the expenses of the board are paid and subject to availability of money in the fund. Existing law conditions receipt of these moneys on authorization in specified provisions, some of which authorize these expenditures from a continuously appropriated fund. This bill would recast those provisions to, instead, base the per diem of $100 on each day that the member discharged official duties, and would require the board to define "day that the member discharged official duties" as either the "accumulation of 8 hours spent in the discharge of official duties" or as a "day on which the member performed an official duty." By expanding the authorization for the use of moneys in a continuously appropriated fund, the bill would make an appropriation. The bill would also make nonsubstantive, clarifying changes.
Existing law, the Mental Health Services Act, an initiative statute enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services, as specified. Existing law establishes the continuously appropriated Mental Health Services Fund. Existing law requires the Controller, prior to distributing the balance of the funds to the counties, as specified, to reserve up to 5% of the total annual revenues of the fund for the costs for the State Department of Health Care Services, the California Behavioral Health Planning Council, the Office of Statewide Health Planning and Development, the Mental Health Services Oversight and Accountability Commission, the State Department of Public Health, and any other state agency to implement all duties pursuant to the programs set forth in the act. This bill would amend Proposition 63 by appropriating $20,000,000 annually from the administrative account of the Mental Health Services Fund to the University of California, if the University of California chooses to accept the moneys, the California State University, and the California Community Colleges, as specified, to implement the College Mental Health Services Program. The bill would require those funds to be used for the purpose of funding programs to increase campus student mental health services and mental health-related education and training. The bill would require campuses that participate in the program to report on the use of those grant funds, as specified, and to post that information on their internet websites.