(1) 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 disqualify a person from being employed as a peace officer if that person has been convicted of, or has been adjudicated by a military tribunal as having committed an offense that would have been a felony if committed in this state. 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 had that certification revoked by the commission. (2) 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 commission to create a certification program for specified peace officers. The bill would make all records related to the revocation of a peace officer's certification public. This bill would require a peace officer's certificate to be suspended, revoked, or canceled when the person is ineligible to be a peace officer or when the person has been subject to a sustained termination for serious misconduct, as defined, on or after January 1, 2022. The bill would make each law enforcement agency responsible for investigation, findings, and actions by the agency on allegations of serious misconduct and would give the commission access to the agency files. The bill would require the commission to be notified of and to review a peace officer's file after 3 allegations of serious misconduct within 5 years. The bill would establish the Peace Officer Standards Accountability Advisory Board, as specified, to make recommendations on the decertification of peace officers to the commission. The bill would require every law enforcement agency to notify the commission when a peace officer employed by that agency separates from employment. When a peace officer resigns or retires with a pending complaint, charge, or investigation of serious misconduct, the bill would require the law enforcement agency to complete the investigation into the serious misconduct within 90 days and report to the commission whether the complaint of serious misconduct was sustained, not sustained, unfounded, frivolous, or exonerated. The bill would require the commission to refer the files of peace officers whose termination for serious misconduct was sustained to the board to make a recommendation regarding the status of the officer's certificate and would require the commission to accept that recommendation or set forth the analysis and reasons for reaching a different result in writing. (3) Existing law requires law enforcement agencies to consider specified best practices when establishing policies and procedures for downloading and storing data from body-worn cameras, including, among other things, prohibiting the unauthorized use, duplication, or distribution of the data, and establishing storage periods for evidentiary and nonevidentiary data, as defined. This bill would make those requirements applicable to data obtained from unmanned aircraft systems. By imposing new requirements on local agencies, 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.
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Existing law establishes the University of California, the California State University, the California Community Colleges, and independent institutions of higher education as segments of higher education in this state. The California Educational Facilities Authority Act establishes the California Educational Facilities Authority to, among other things, (1) provide private institutions of higher education within the state with an additional means by which to expand, enlarge, and establish dormitory, academic, and related facilities, finance those facilities, and refinance existing facilities; and (2) enter into agreements with nonprofit entities, as defined, to develop student, faculty, and staff housing on or near the campuses of the University of California, the Hastings College of the Law, the California State University, the California Community Colleges, or a participating private college, as specified. The act authorizes the authority to fund, as specified, and to construct, acquire, or otherwise provide for, projects for these purposes. The act defines "project" for a participating private college to mean a dormitory, an educational facility, or faculty or staff housing, and defines "project" for a participating nonprofit entity to mean the construction or acquisition of student housing or faculty and staff housing. The act requires, among other things, that a project involving a participating nonprofit entity include and maintain for 40 years a restriction to the grant deed on the real property on which the student or faculty or staff housing is to be located, with specified rights for the participating institution and its students, faculty, or staff. This bill would specify that the above-referenced requirement for a grant deed restriction does not apply to a project for student, faculty, or staff housing located on property within the boundary of a campus or on property located outside the campus boundary and owned by the applicable institution.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law imposes various requirements and restrictions on health care service plans and health insurers, including, among other things, a requirement that every group health care service plan contract or health insurance policy that is issued, amended, or renewed on or after January 1, 1990, offer coverage for the treatment of infertility, except in vitro fertilization. Existing law provides that any employer that is a religious organization, or health care service plans and health insurers that are a subsidiary of an entity whose owner or corporate member is a religious organization, shall not be required to offer coverage for forms of treatment of infertility in a manner inconsistent with the religious organization's religious and ethical principles, as specified. This bill would require every health care service plan contract or health insurance policy that is issued, amended, or renewed on or after January 1, 2022, to provide coverage for the treatment of infertility. The bill would revise the definition of infertility, and would remove the exclusion of in vitro fertilization from coverage. The bill would delete the exemption for religiously affiliated employers, health care service plans, and health insurance policies, from the requirements relating to coverage for the treatment of infertility, thereby imposing these requirements on these employers, plans, and policies. The bill would also delete the requirement that a health care service plan contract and health insurance policy provide infertility treatment under agreed-upon terms that are communicated to all group contractholders and prospective group contractholders. Because the violation of these provisions by a health care service plan 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 provides employees with the right to take time off work without discharge or discrimination for a variety of reasons, including taking time off to appear in school on behalf of a child or to assist a family member who is the victim of a violent or serious felony. This bill would enact the Bereavement Leave Act of 2021. The bill would require an employer with 25 or more employees to grant a request made by any employee to take up to 10 business days of unpaid bereavement leave upon the death of a spouse, child, parent, sibling, grandparent, grandchild, or domestic partner, in accordance with certain procedures, and subject to certain exclusions. The bill would require an employer with fewer than 25 employees to grant a request by any employee to take up to 3 business days of leave, in accordance with these provisions. The bill would prohibit an employer from interfering with or restraining the exercise or attempt to exercise the employee's right to take this leave. This bill would authorize an employee who has been discharged, disciplined, or discriminated or retaliated against for exercising their right to bereavement leave to file a complaint with the Division of Labor Standards Enforcement or bring a civil action against their employer for reinstatement, specified damages, and attorney's fees. The provisions of the bill would not apply to an employee who is covered by a valid collective bargaining agreement that provides for at least as much bereavement leave as is required by this bill and other specified working conditions. 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.
(1) Existing law establishes the State Department of Social Services, which has authority over various programs aimed at providing services for needy individuals. Existing law requires the department to administer various public social services programs, including the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals, and the CalFresh program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. This bill would require the department to develop a process to register any organization or entity that issues financial assistance through a program in the state, and to make public on its internet website a list of those organizations or entities that have registered to issue financial assistance. The bill would define "financial assistance" as an unconditional cash payment of an equal amount issued monthly, but for a period not to exceed 60 months, to a resident of California who is enrolled in a demonstration or research program, which investigates the impacts of policies or programs that are designed to reduce poverty, promote social mobility, or increase financial stability for California residents, to improve the recipient's economic security, reduce harm, and improve health, education, and employment outcomes of the recipient or any member of their family. Upon implementing a program, and annually thereafter, the bill would require an organization or entity issuing financial assistance to register that program with the department, and to provide the department with specified information, including disclosing all funding sources of the program under which the financial assistance income is distributed, and, upon the conclusion of the program, to report to the department on the research outcomes. (2) Existing law sets forth eligibility requirements for public social services programs administered by the department, and provides that certain moneys, including the value of any education-related loan or grant to any undergraduate student, as specified, or reparation payments made by the federal United States or Canadian government to persons of Japanese ancestry who were interned during World War II, is not considered income or resources for purposes of determining eligibility or the amount of those benefits. To the extent authorized under federal law, this bill would exclude financial assistance, as described above, issued by an organization or entity that has registered with the department from being considered income or resources for purposes of determining eligibility to receive benefits or the amount of those benefits under the CalWORKs program and the CalFresh program. Because counties are generally responsible for making eligibility determinations for these public social services programs, and this bill would expand eligibility, the bill would impose a state-mandated local program. (3) Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill. (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.
(1) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to establish rules for all public utilities, subject to control by the Legislature. The Public Utilities Act provides for civil penalties for any violation of the act or for or a failure to comply with any part of any order, decision, rule, direction, demand, or requirement of the commission. This bill would require the commission to require any penalty imposed on a public utility, person, or corporation for a violation of the act, or for a violation of any order, decision, decree, rule, direction, demand, or requirement of the commission, to be paid no later than 2 years from the date the penalty was imposed, as provided. (2) Existing law requires the commission to adopt inspection, maintenance, repair, and replacement standards for the distribution systems of electrical corporations in order to provide high-quality, safe, and reliable service. Existing law requires the commission to conduct a review to determine whether the standards have been met and to perform the review after every major outage. This bill would require an electrical corporation to pay a customer who lost electricity because of an outage a penalty of $250 per 24-hour period, or any part thereof, in which the customer was without electricity if the outage was caused, in whole or in part, by the failure of the utility's electric plant, as defined, or equipment that is older than its expected lifetime and was not adequately maintained or upgraded. The bill would require an electrical corporation to pay a customer who lost electricity because of a deenergization event a penalty of $250 per 24-hour period, or any part thereof, in which the customer was without electricity if the deenergization event was undertaken in substantial part because the utility either failed to undertake required vegetation management or failed to timely undertake electrical system upgrades necessary to provide resilience for reasonably foreseeable adverse weather events. The bill would require an electrical corporation to establish a memorandum account by June 1, 2023, to track expenses paid to customers, local governments, and others for claims or penalties resulting from an electrical outage, including a deenergization event, and would require the commission to establish rules to determine whether the expenses paid can be recovered from ratepayers, but would prohibit an electrical corporation from recovering the above-described $250 penalties. (3) Existing law requires an electrical corporation to file an annual reliability report with the commission that includes information on the reliability of service to end-use customers. Existing law requires the electrical corporation to conspicuously post its annual report on its internet website. This bill would require an electrical corporation to report the age and anticipated or rated operating life, whichever is less, of its electric plant to the commission and to annually update that information to reflect replacement or upgrades to its electric plant. The bill would require the commission to review the report for accuracy and adequacy. Upon the commission's acceptance of the report as being sufficient, the bill would require the electrical corporation to post the report on its internet website and require the commission to maintain a Uniform Resource Locator link to each electrical corporation's most current report on the commission's internet website. The bill would authorize a city or county to request that the electrical corporation identify any electric plant that is used to supply service within the city or county that is beyond its anticipated or rated operating life. If an electrical corporation has an unplanned outage of electrical service to 100 or more service connections within its service territory and determines that the outage resulted from a failure of the electrical corporation's electric plant, the bill would require the electrical corporation to report that failure to the commission and include that information in an annual reliability report. If an electrical corporation has an unplanned outage of electrical service to 100 or more service connections within its service territory, the bill would require the electrical corporation to (A) promptly notify consumers of the outage by telephone or text message using the contact information that the electrical corporation has in its possession and provide an estimate of how long it will take to restore electrical service to the customer, and (B) promptly notify all public safety offices, critical first responders, including police, sheriff's and fire departments, health care facilities, city offices, and operators of telecommunications infrastructure with premises within the footprint of the outage of the existence of the outage and an estimate of how long it will take to restore electrical service to the area experiencing the outage. (4) Existing law requires each electrical corporation to annually prepare and submit a wildfire mitigation plan to the commission for review and approval, as specified. Following approval, the commission is required to oversee compliance with the plans. Existing law requires a wildfire mitigation plan of an electrical corporation to include, among other things, protocols for deenergizing portions of the electrical distribution system that consider the associated impacts on public safety. As part of these protocols, an electrical corporation is required to include protocols related to mitigating the public safety impacts of deenergizing portions of the electrical distribution system that consider customers that receive medical baseline allowances. Existing law authorizes an electrical corporation to deploy backup electrical resources or provide financial assistance for backup electrical resources to a customer receiving a medical baseline allowance if the customer meets specified conditions. This bill would require an electrical corporation's wildfire mitigation plan include mitigating protocols that consider impacts on customers who rely on life-support equipment that operates on electricity or who have medical conditions that may put them at risk during a deenergization event. The bill would require that the protocols require the provision of backup generators or other suitable backup electrical resources to those customers residing in an area planned for deenergization who rely on life-support equipment that operates on electricity and the provision of reasonable accommodation for those customers residing in an area planned for deenergization who may be at risk from a medical condition during a deenergization event. Existing law requires a wildfire mitigation plan of an electrical corporation to also include appropriate and feasible procedures for notifying a customer who may be impacted by the deenergizing of electrical lines and requires these procedures to direct notification to all public safety offices, critical first responders, health care facilities, and operators of telecommunications infrastructure with premises within the footprint of potential deenergization for a given event. This bill would require that a wildfire mitigation plan include appropriate and feasible procedures for notifying a customer 48 hours in advance who may be impacted by a deenergization event, including procedures for those customers who rely on life-support equipment that operates on electricity or who have medical conditions that may put them at risk during a deenergization event. The bill would require that the procedures direct notification to all public safety offices, critical first responders, health care facilities, city offices, and operators of telecommunications infrastructure with premises within the footprint of potential deenergization for a given event. The bill would require an electrical corporation to promptly post notice of a planned deenergization event on its internet website when it determines that it will, or may, institute a deenergization event. The bill would require that an electrical corporation's customer notification procedures enable public media outlets to request notifications of a planned deenergization event along with procedures for providing the requested notification. The bill would require an electrical corporation that undertakes a deenergization event that either lasts longer than 12 hours or, if the temperature is 100 degrees or hotter, lasts 5 hours or longer, to provide a check for $250 prior to the next billing cycle to every residential customer to compensate the residential customer for anticipated expenses of traveling to, and staying at, a location with electrical service and any incidental expenses, such as spoiled food, unless the consumer elects otherwise. (5) Under existing law, a violation of the Public Utilities Act, or any order, decision, rule, direction, demand, or requirement of the commission, is a crime. Because certain provisions of the bill would be included in the act, a violation of which would be a crime, and certain requirements of the bill would be implemented or enforced by the commission, the bill would impose a state-mandated local program by creating a new crime. 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 establishes various economic opportunity and public social services programs, including the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals, and the CalFresh program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing law establishes the Franchise Tax Board in the Government Operations Agency to, among other things, administer state personal income taxes and corporation franchise and income taxes. This bill would require the Franchise Tax Board to administer the California Universal Basic Income (CalUBI) Program, under which a California resident who is 18 years of age or older and who meets specified requirements, would receive a universal basic income of $1,000 per month. The bill would require, among other things, that the resident has lived in the state for at least the last 3 consecutive years and that the resident's income not exceed 200% of the median per capita income for the resident's current county of residence, as determined by the United States Census Bureau. The bill would define universal basic income to mean unconditional cash payments of equal amounts issued monthly to individual residents of California with the intention of ensuring the economic security of recipients. The bill would authorize the Franchise Tax Board to adopt regulations to implement the program. The bill would prohibit the Franchise Tax Board and the Controller from using any part of the CalUBI payments to offset tax liabilities or delinquent accounts, as specified. The bill would specify that its provisions are to be operative only for taxable years in which resources are made available through an appropriation from the Legislature. This bill would state that its provisions are severable.
Existing law, the Personal Income Tax Law and Corporation Tax Law, in modified conformity with federal income tax laws, generally allow various deductions in computing the income that is subject to taxes imposed by those laws, including a deduction for a net operating loss as specified. Existing law suspends the deduction for a net operating loss, as specified, for taxable years beginning on or after January 1, 2020, and before January 1, 2023. The Personal Income Tax Law and Corporation Tax Law generally authorize various credits against the taxes imposed by those laws. Existing law provides that, except as specified, the total credits allowable under those laws may not reduce the taxes imposed by those laws by more than $5,000,000, as provided, for taxable years beginning on or after January 1, 2020, and before January 1, 2023. This bill, the Golden State Innovation Act of 2021, would, for taxable years beginning on or after January 1, 2021, and before January 1, 2023, exclude a taxpayer that performs research and development in biotechnology, as described, from the above-described suspension of the deduction for net operating losses and the above-described limitation on the total credits allowable. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. The bill also would include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.
Existing law, the Uniform Anatomical Gift Act, authorizes the creation of a not-for-profit entity to be designated as the California Organ and Tissue Donor Registrar and requires that entity to establish and maintain the Donate Life California Organ and Tissue Donor Registry for persons who have identified themselves as organ and tissue donors upon their death. Existing law requires the Department of Motor Vehicles, upon issuance of a new driver's license or a renewal of a driver's license or the issuance of an identification card, to provide information on organ and tissue donation. Existing law requires an application for an original or renewal driver's license or identification card to contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry. This bill would enact Charlie's Law to require an electronic application for an original or renewal driver's license or identification card to contain a solicitation for the applicant to enroll in the National Marrow Donor Program's registry as a bone marrow or blood stem cell donor. The bill would provide that an applicant's election to enroll in the National Marrow Donor Program's registry constitutes consent to their information being transmitted to the National Marrow Donor Program for the purposes of completing enrollment in the registry. The bill would require the department to enter into a memorandum of understanding with the National Marrow Donor Program, as specified, and to transmit weekly specified applicant information to them. The bill would also make related findings and declarations.
Existing law requires that an election for congressional and state elective offices be held on the first Tuesday after the first Monday in November of each even-numbered year. Existing law requires a presidential general election to be held on the first Tuesday after the first Monday in November in any year that is evenly divisible by the number 4. Existing law designates specific days as holidays in this state. Existing law designates holidays on which community colleges and public schools are required to close. Existing law entitles state employees, with specified exceptions, to be given time off with pay for specified holidays. Existing law designates optional bank holidays. This bill would add the day on which a statewide general election is held, which is the first Tuesday after the first Monday in November of any even-numbered year, to these lists of holidays. The bill would require community colleges and public schools to close on any day on which a statewide general election is held. The bill would require the California State University, and request the University of California, to close campuses on a day on which a statewide general election is held. The bill would require that state employees, with specified exceptions, be given time off with pay for days on which a statewide general election is held. The bill would provide that the third Monday in February, also known as Washington Day, is observed only in odd-numbered years. By increasing the duties of local officials, 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.