Rep. Gail Pellerin

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 sets forth specified prior authorization and step therapy limitations for health care service plans and health insurers. This bill would require a health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2027, to require a health care service plan or health insurer to complete prior authorization within 30 days upon initial request, as specified, for a drug approved by the United States Food and Drug Administration (FDA) for the treatment of a rare disease if the drug is prescribed by a specialist with expertise in the condition or disease being treated, the specialist has determined the drug is medically necessary, and the drug is the only FDA-approved treatment for the rare disease. Because a willful 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.

Under existing law, a candidate for the United States House of Representatives or local elective office may purchase space in the county voter information guide to make a candidate statement. A candidate for United States Senate may purchase space for a candidate statement in the state voter information guide. A candidate for state elective office may also purchase space to make a candidate statement in the state voter information guide, but only if the candidate accepts certain voluntary campaign expenditure limits. Existing law prohibits these candidate statements from making any reference to the candidate's opponents. This bill would limit a candidate statement to a recitation of the candidate's own education, professional experience, public service, community involvement, and qualifications. The bill would prohibit a candidate statement from including, in addition to references to other candidates, a link or other reference to external content other than the candidate's campaign website; content that is vulgar or profane, or that threatens or incites violence; false statements or misleading claims; or any other content that is unrelated to the candidate's qualifications. The candidate would be required to submit a declaration with the candidate statement that attests that the statement is true and correct. Because a person who willfully makes a false statement in that declaration would be guilty of the crime of perjury, this bill expands the scope of that crime and thereby creates a state-mandated local program. The bill would require the Secretary of State and county elections officials to omit from the voter information guide any portion of a candidate statement that does not comply with the bill, except false statements and misleading claims, and it would require them to print the remainder of the statement if it can stand independently and does not mislead voters. The bill would make a fee paid by a candidate for the printing or inclusion of a candidate statement nonrefundable if any part of the statement is printed in the voter information guide, but the fee would be refunded if the statement is omitted. By increasing the duties of county elections officials, this bill would create a state-mandated local program. Existing law provides for the public examination of state and county voter information guides. During the 20-day examination period for the state guide, an elector may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. During the 10-day examination period for the county guide, a voter of the relevant jurisdiction in which an election is being held, or the relevant local elections official themselves, may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. A court will issue such a writ of mandate or injunction only upon clear and convincing proof that the material in question is false, misleading, or inconsistent with law, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law. This bill would similarly allow any registered voter to seek a writ of mandate or an injunction requiring any or all of the material in a candidate statement in the state or a county voter information guide to be amended or deleted, as specified. This bill would require that, as in current law, the writ of mandate or an injunction only be issued upon clear and convincing proof that the material in question is false, misleading, or inconsistent with the requirements of the bill, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law. This bill would additionally allow a county elections official to bring such an action for a writ or injunction challenging a candidate statement in the county voter information guide over which they have jurisdiction. 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 mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

This measure would call on Congress to enact legislation that restores and strengthens the full protections of the Voting Rights Act of 1965, and it would call on the President to sign the legislation.

Existing law requires a probation department to request that the prosecuting attorney petition the committing court for an order directing that a person confined in a secure youth treatment facility remain subject to the control of the department at the time of discharge if the person confined is determined to be physically dangerous to the public because of the person's mental or physical condition, disorder, or other problem that causes the person to have serious difficulty controlling their dangerous behavior. Existing law establishes the process for the petition, probable cause hearing, trial, continued detention, and appeal pursuant to this provision. Under existing law, if an order for continued detention is made pursuant to these provisions, the probation department has continued control over the person, except as specified, and existing law requires the department to, within 2 years after the date of the order made by a juvenile court or after conviction in criminal proceedings, file a new application for continued detention if continued detention is deemed necessary. This bill would require, if a petition is filed pursuant to these provisions, that the person who is the subject of the petition remain in custody in a secure youth treatment facility until the conclusion of the proceedings. The bill would prohibit a probable cause hearing pursuant to these provisions from being continued, except upon a showing of good cause by the party requesting the continuance. The bill would also authorize the court to base the finding of probable cause on certain hearsay statements, as specified. The bill would require the person be brought to trial within 60 days from the probable cause determination, unless good cause to the contrary is shown, the person enters a waiver, or the person requests or consents to the setting of the trial date beyond the 60-day period. The bill would require the court, if the court or jury finds that the person has a mental condition or disorder, to determine a period of continued detention, as specified. The bill would require the department to file a new application within the specified time of an order for continued detention if the department deems continued detention pursuant to these provisions is necessary. The bill would specify that the discovery process for criminal proceedings applies to these provisions. To the extent that this bill would increase local duties relating to the confinement of persons in a secure youth treatment facility, 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 no reimbursement is required by this act for a specified reason.

Existing law, commencing April 1, 2026, makes a gift certificate with a cash value of less than $15 redeemable in cash for its cash value. This bill would authorize the issuer of a gift certificate that contains printed language on the certificate stating a cash redemption threshold that is lower than the amount described above to sell the gift certificate until December 31, 2028, if certain requirements are met, including that the gift certificate was manufactured or printed before April 1, 2026, and the issuer of the gift certificate displays at specified point-of-sale devices, a notice stating that a gift certificate with a cash value of less than $15 is redeemable in cash for its cash value, as provided.

Existing law requires an elections official, upon receiving a vote by mail ballot, to compare the signature on the identification envelope with either the signature appearing on the voter's affidavit or signature appearing on a form that is part of the voter's registration record. Existing law requires an elections official, if it is determined that the signatures do not compare, to notify the voter of the opportunity to verify the voter's signature. Under existing law, if an elections official has a telephone number or email address on file for a voter whose signature does not compare, the elections official is required to notify the voter by telephone, text message, or email, as specified. Existing law requires a county elections official to establish a free access system that allows a vote by mail voter to learn if the voter's vote by mail ballot was counted, as specified. Existing law requires the Secretary of State to maintain a system to allow a vote by mail voter to track the voter's vote by mail ballot through the mail system, as specified. This bill would require the Secretary of State to implement and make available to county elections officials a system that allows voters to access electronic signature curing, as defined. The bill would require the Secretary of State to make available on its internet website specified data regarding voters' use of the system.

Existing law, the Protecting Our Kids from Social Media Addiction Act, prohibits an operator of an addictive internet-based service or application from providing an addictive feed, as defined, to a user unless the operator does not have actual knowledge that the user is a minor, as specified, or the operator has obtained verifiable parental consent to provide an addictive feed to the user who is a minor. Existing law, the Digital Age Assurance Act, beginning January 1, 2027, requires a person who owns, maintains, or controls a software application, as defined, to request age bracket data sent by a real-time secure application programming interface or operating system with respect to a particular user from an operating system provider or a covered application store when the application is downloaded and launched. This bill would prohibit a covered platform, as defined, from providing an addictive feature, as defined, to a user who is under 16 years of age and would require a covered platform to implement reasonable measures to ensure that users under 16 years of age are not offered or provided any addictive feature on the covered platform. The bill would also authorize the Attorney General to adopt regulations to implement and enforce the bill in order to further the purpose of protecting minors online, including by altering the scope of "covered platform" if the Attorney General determines that doing so is necessary to ensure that "covered platform" applies to internet websites, online services, online applications, or mobile applications that make addictive features, as defined, available to users under 16 years of age. This bill would impose a civil penalty upon a noncompliant platform and would require its provisions to be enforced by a civil action brought only by the Attorney General or a local public prosecutor, as specified. This bill would also establish the e-Safety Advisory Commission within the Department of Justice as an independent advisory body that is only for administrative purposes to advise state government on certain matters related to online safety and would require the commission to, on or before January 1 of each year, report to the Legislature and the Governor on, among other things, its activities under the bill.

The federal Voting Rights Act of 1965 requires a state or political subdivision in which more than 5% of voting-age citizens, or more than 10,000 voting-age citizens, are members of a single language minority and limited-English proficient to provide certain election materials, including ballots, in the language of the applicable language minority group. Existing state law requires the Secretary of State to determine for each county and precinct whether it is appropriate to provide facsimile copies of the ballot and other election materials in languages other than English. If the Secretary of State determines the number of voting age residents in a county or precinct who are members of a single language minority, and who lack sufficient skills in English to vote without assistance, is 3% or more of the voting-age residents of the county or precinct, county elections officials must provide facsimile ballots and other election materials in the applicable language. This bill would require the Secretary of State, on or before December 15, 2031, and on or before December 15 in every year ending in 1 or 7 thereafter, to identify the counties where at least 10,000 voting age citizens, or 5% of voting age citizens, are limited English proficient and either members of a single language minority group or speak a shared language. The bill would require the elections official in an identified political subdivision to provide translated election materials in any language that meets those criteria or, for an election occurring before December 15, 2031, in any language in which the political subdivision is required to provide language assistance under the Voting Rights Act of 1965, within a specified period of time. The elections official would be required to translate, among other things, all official and sample ballots, voter registration forms, and election notices and instructions. The elections official would also be required to have a sufficient number of bilingual election workers to provide language assistance to any voter who needs it. If the Secretary of State or another state agency provides election-related forms, instructions, assistance, or other materials or services in an identified political subdivision, the bill would require the Secretary of State or other state agency to translate the materials or services into any language that meets the criteria within that political subdivision. Beginning January 1, 2027, the bill would also authorize the Secretary of State to require a political subdivision to provide translated election materials if interested citizens or entities provide the Secretary of State with a preponderance of evidence that a language group meets any of the above-described criteria. The bill would also make various conforming changes. By increasing the duties of local elections officials, the bill would create a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. This bill would incorporate additional changes to Section 13307 of the Elections Code proposed by SB 715 to be operative only if this bill and SB 715 are enacted and this bill is enacted last. 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 makes it a crime to, by force, threat of force, or physical obstruction that is a crime of violence, intentionally injure, intimidate, interfere with, or attempt to injure, intimidate, or interfere with any person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship. This bill would make it unlawful for a person to, within a radius of 100 feet from an entrance or exit of a place of religious worship, as defined, intentionally approach another person seeking to enter or exit a place of religious worship within 8 feet of that person to either pass a leaflet or handbill to, display a sign to, or engage in oral protest or education or to harass, obstruct, threaten, or intimidate the person or occupant. The bill would, for the purposes of determining that distance, measure from the body of the person seeking to enter or exit, or the exterior of a motor vehicle they occupy, to the body of, or any sign or object held by, the other person. The bill would prescribe specified fines, imprisonment, or fine and imprisonment for a violation of these provisions. By creating a new 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 federal law, the National Suicide Hotline Designation Act of 2020, designates the 3-digit telephone number "988" as the universal number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system operating through the 988 Suicide and Crisis Lifeline. Existing law, the Miles Hall Lifeline and Suicide Prevention Act, requires, among other things, the Office of Emergency Services (OES) to verify that technology that allows for transfers between 988 centers, as well as between 988 centers and 911 public safety answering points, is available to 988 centers and 911 public safety answering points throughout the state, to appoint a 988 system director, and to verify interoperability between and across 911 and 988. Existing law establishes the 988 State Suicide and Behavioral Health Crisis Services Fund and provides that 988 surcharge revenue in the fund is available, upon appropriation by the Legislature, for purposes of the act. This bill would require the California Health and Human Services Agency (agency) to annually determine whether an adequate specialized LGBTQ+ suicide prevention hotline is activated by the federal government under 988. When making this determination, the bill would require the agency to consider specified factors, including, among other things, any factor the agency considers relevant to evaluating the adequacy of press 3 operations. The bill would authorize the agency to, no later than 6 months after its determination, request the federal Substance Abuse and Mental Health Services Administration (SAMHSA) to allow the state to implement the press 3 function at the state level for calls originating in the State of California, which would allow callers to dial "988" and press "3" to be automatically routed to a specialized 988 center. The bill would require OES and the agency to, no later than 12 months following the approval by SAMHSA, ensure that press 3 function technologies are available. This bill would require, no later than 12 months following approval by SAMHSA, the agency to identify and contract with a qualified entity or entities that specialize in LGBTQ+ suicide prevention services. The bill would require the agency to determine the eligibility criteria, establish an application process, and administer funds to the qualified entity, as specified. The bill would require a qualified entity to comply with various requirements, including having a primary objective of reducing suicide rates or addressing mental health crises. The bill would make its implementation subject to an appropriation by the Legislature, as specified. This bill would declare that it is to take effect immediately as an urgency statute.