Asm. Gail Pellerin

Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law authorizes the department to acquire title to or any interest in real property, including personal property incidental to the purchase of real property and options to purchase property, that the department deems necessary or proper for the extension, improvement, or development of the state park system. Existing law requires that all land and other real property to be acquired by or for any state agency be acquired by the State Public Works Board, except as specified. This bill, until January 1, 2030, would additionally exempt from that requirement property acquired by the department for Big Basin Redwoods, Año Nuevo, and Butano State Parks, as specified, and would provide additional requirements for the acquisition of fee title or any lesser right or interest in real property by the department with respect to property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks. This bill would make legislative findings and declarations as to the necessity of a special statute for the Big Basin Redwoods, Año Nuevo, and Butano State Parks.

(1) Existing law, the California Community Care Facilities Act, among other things, provides for the licensure and regulation of foster family agencies, which are organizations engaged in the recruiting, certifying, approving, and training of, and providing professional support to, foster parents and resource families, or in finding homes for foster children in need of care. Existing law also regulates noncustodial adoption agencies, which are licensed entities engaged in the business of providing adoption services. Existing law provides for liability insurance to protect against loss resulting from liability for an injury suffered by a person or for damage to property. Existing case law establishes obligations liability insurers have to the insured, including the duty to indemnify and the duty to defend. This bill would authorize a foster family agency or noncustodial adoption agency, also known as FFA, to be held liable for injury or damage caused by that FFA's negligence but not for the injury or damage caused by the public entity. The bill would require the FFA and the public entity to each bear the cost of insuring against their respective acts and omissions and defending against claims arising from those risks. The bill would prohibit the above provisions from being waived or suspended by a court, and would specify that certain contract provisions with indemnification provisions would be void as against public policy and unenforceable. This bill would repeal these provisions on January 1, 2027. (2) Existing law authorizes a resource family that is currently approved by a foster family agency or a county to be approved by a subsequent foster family agency upon the completion of specified activities, including the resource family submitting an application and the subsequent foster family agency conducting a background check and reference check, as specified. Existing law also authorizes a resource family approved by a foster family agency to transfer their approval to a county upon the completion of similar activities. This bill would specify that the rate paid on behalf of a child or nonminor dependent placed with an approved resource family who has applied for a transfer pursuant to those provisions is the rate most recently established for the child or nonminor dependent. The bill would authorize, upon approval of the resource family by the subsequent foster family agency or county, the rate to be adjusted based on the needs of the child. The bill would also authorize the State Department of Social Services, until January 1, 2027, to waive provisions governing the transfer of resource family approval other than those provisions related to background checks. The bill would make these provisions effective on October 1, 2024, or the effective date of the bill, whichever is later. The bill would authorize the department to implement these provisions by all-county letters or similar directives. The bill would also require the department to report certain information the Legislature relating to the transfer of resource family approval in conjunction with the 2025 May Revision. The bill would require the department, in coordination with other relevant entities, to examine available options to make insurance available to foster family agencies and update the Legislature on these efforts in conjunction with the 2025-26 fiscal year budget process. (3) This bill would declare that it is to take effect immediately as an urgency statute.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law requires community college districts to charge students an enrollment fee of $46 per unit per semester, except as provided. Existing law authorizes, until July 1, 2028, the governing board of the San Mateo County Community College District to, among other things, adopt a policy that uses local unrestricted general funds to provide fee waivers to students with the greatest financial need when other fee waivers are not provided to those students, and to provide assistance to students for the total cost of attendance. This bill would authorize the governing board of the West Valley-Mission Community College District to adopt a policy that uses local unrestricted general funds to provide fee waivers to students with the greatest financial need when other fee waivers are not provided to those students, and would require the policy to include a requirement to prepare a fiscal impact statement, including a 3-year projection of the fiscal impact of the fee waiver on the community college district, as specified. Existing law establishes the California College Promise, to be administered by the Chancellor of the California Community Colleges. Existing law requires the chancellor to distribute funding, upon appropriation by the Legislature, to community college districts to fund colleges that meet prescribed requirements. Existing law authorizes a community college that receives funding under the program to, among other things, waive some or all of the fees for up to 2 academic years for first-time students and returning students who are enrolled in 12 or more semester units or the equivalent at the college and complete and submit either a Free Application for Federal Student Aid or a California Dream Act application. This bill would authorize the West Valley-Mission Community College District to use local unrestricted general funds, in addition to funding received under the California College Promise, to provide assistance to students for the total cost of attendance, as defined. This bill would require the West Valley-Mission Community College District to use local unrestricted general funds for purposes of these provisions only for students who reside within the boundary of the community college district. This bill would require the governing board of the West Valley-Mission Community College District, on or before March 1, 2028, to submit a report to the office of the Chancellor of the California Community Colleges, the Department of Finance, and the appropriate committees of the Legislature on the implementation of these provisions, as specified. This bill would make these provisions inoperative on July 1, 2030, and would repeal them as of January 1, 2031. This bill would make legislative findings and declarations as to the necessity of a special statute for West Valley-Mission Community College District.

Existing law requires candidates for an office at a primary election to deliver their nomination documents to the county elections official no later than 5 p.m. on the 88th day before the primary election, or in specified cases, no later than 5 p.m. on the 83rd day before the primary election. Existing law prohibits a person who has delivered nomination documents to the county elections official from withdrawing their candidacy. Existing law further prohibits a person from filing nomination documents for a party nomination and an independent nomination for the same office, or for more than one office at the same election. This bill would permit a candidate for any office other than a statewide office, as defined, at a primary election to withdraw their nomination documents for that office during the applicable filing period. The bill would establish requirements for withdrawal, including that the candidate submit a statement under penalty of perjury that they are withdrawing their nomination documents and understand the withdrawal is irrevocable and that the filing fees are nonrefundable. The bill would permit a candidate who withdraws to file nomination documents for another office at that primary election during the applicable filing period. The bill would clarify that a candidate is prohibited from filing nomination documents for more than one office at the same primary election, except as specified. If an incumbent has delivered but then withdrawn their nomination documents before 5 p.m. on the 88th day before the primary election, the bill would authorize another candidate to deliver their nomination documents no later than 5 p.m. on the 83rd day before the primary election. By establishing a new crime based upon the requirement that a candidate submit a statement of withdrawal under penalty of perjury, and by establishing new duties for local elections officials, the bill would create 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 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 requires the Governor to create an Interagency Council on Homelessness, consisting of specified members. Among other goals, existing law requires the council to coordinate existing funding and applications for competitive funding. Existing law requires the council to create a statewide data system, which is known as the Homeless Data Integration System, that collects local data through the Homeless Management Information System, with a goal of matching data on homelessness to programs impacting homeless recipients of state programs. Existing law also requires the council to collect, compile, and make available to the public financial data provided to the council from all state-funded homelessness programs. Existing law defines state programs as any programs a California state agency or department funds, implements, or administers for the purpose of providing housing or housing-based services to people experiencing homelessness or at risk of homelessness, except as specified. This bill would additionally require the council to include the Governor's Tribal Advisor. The bill would remove the above-mentioned reference to competitive funding and would instead require the council to coordinate applications for funding. The bill would require council staff to develop and regularly maintain a strategic funding guide and a calendar of new or existing funding opportunities. The bill would require agencies and departments administering state programs to provide the council updated information on new or existing funding opportunities on a quarterly basis. The bill would also require council staff to collect fiscal and outcome data, as defined, from state agencies and departments administering state homelessness programs with a grantee or entity that is required to enter data elements on the individuals and families it serves into its local Homeless Management Information System, as specified. The bill would require the state agencies and departments to submit the fiscal and outcome data to council staff on or before February 1, 2027, and annually thereafter. The bill would require council staff to make the data publicly available on or before June 1, 2027, and annually thereafter. This bill would incorporate additional changes to Section 8257 of the Welfare and Institutions Code proposed by SB 1443 to be operative only if this bill and SB 1443 are enacted and this bill is enacted last.

Existing law establishes requirements for the conduct of election campaigns, including requirements regarding the endorsement of candidates, political corporations, campaign funds, fair campaign practices, and libel and slander. Existing law, until January 1, 2027, prohibits any person, committee, or other entity from distributing, with actual malice, materially deceptive audio or visual media of a candidate for elective office with the intent to injure the candidate's reputation or to deceive a voter into voting for or against the candidate, within 60 days of the election. Existing law requires specified actions pertaining to elections to be given precedence when they are filed in court, including actions involving the registration of voters, the certification of candidates and measures, and election contests, and, until January 1, 2027, actions involving the foregoing prohibition against materially deceptive media. This bill, to be known as the Defending Democracy from Deepfake Deception Act of 2024, would require a large online platform, as defined, to block the posting of materially deceptive content related to elections in California, during specified periods before and after an election. The bill would require a large online platform to label certain additional content inauthentic, fake, or false during specified periods before and after an election in California. The bill would require a large online platform to develop procedures for California residents to report content that has not been blocked or labeled in compliance with the act. The bill would also authorize candidates for elected office, elected officials, elections officials, the Attorney General, and a district attorney or city attorney to seek injunctive relief against a large online platform for noncompliance with the act, as specified, and would assign precedence to such actions when they are filed in court. The bill would exempt from its provisions a broadcasting station and a regularly published online newspaper, magazine, or other periodical of general circulation that satisfy specified requirements. The bill would also exempt content that is satire or parody. The bill would incorporate additional changes to Section 35 of the Code of Civil Procedure proposed by AB 2839 to be operative only if this bill and AB 2839 are enacted and this bill is enacted last.

Existing law prohibits certain distribution of materially deceptive audio or visual media of a candidate within 60 days of an election at which the candidate will appear on the ballot, unless the media includes a disclosure stating that the media has been manipulated, subject to specified exemptions. Existing law authorizes a candidate whose voice or likeness appears in audio or visual media distributed in violation of these provisions to file specified actions, and it requires a court to place such proceedings on the calendar in the order of their date of filing and give the proceedings precedence. This bill would prohibit a person, committee, or other entity from knowingly distributing an advertisement or other election communication, as defined, that contains certain materially deceptive content, as defined, with malice, as defined, subject to specified exemptions. The bill would apply this prohibition within 120 days of an election in California and, in specified cases, 60 days after an election. The bill would authorize a recipient of materially deceptive content distributed in violation of this section, candidate or committee participating in the election, or elections official, as defined, to file a civil action to enjoin the distribution of the media and to seek damages against the person, committee, or other entity that distributed it, except as specified. The bill would require a court to place such proceedings on the calendar in the order of their date of filing and give the proceedings precedence. This bill would incorporate additional changes to Section 35 of the Code of Civil Procedure proposed by AB 2655 to be operative only if this bill and AB 2655 are enacted and this bill is enacted last. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, establishes, under the jurisdiction of the Department of Health Care Access and Information, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. Existing law requires that, by January 1, 2030, owners of these hospitals must either demolish, replace, or change to nonacute care use all hospital buildings that are not in compliance with these standards or seismically retrofit all acute care inpatient hospital buildings so they are in substantial compliance with these standards, unless subject to an abeyance. This bill would authorize a hospital owner or operator to submit an application, by specified dates, to the department for additional extensions to the compliance deadline. The bill would require the department to grant or deny an extension of the deadline for substantial compliance with seismic safety regulations or standards up to January 1, 2035. The bill would require the application to contain a seismic compliance plan, a specified evaluation report, a financial plan, and an attestation to the department that the appropriate governing board of that hospital is aware that the hospital building is required to be in substantial compliance with the seismic safety regulations or standards. By imposing the above-described attestation, this bill would expand the crime of perjury and impose a state-mandated local program. This bill would require the hospital and the department to identify specified milestones that are used for determining whether the hospital is making progress towards meeting the hospital's seismic compliance deadline. The bill would require the hospital to demonstrate efforts to comply with the seismic compliance deadline by providing the department with a plan outlining how seismic construction costs and other financial responsibilities will be met and what funding sources will be used if the hospital fails to meet an agreed-upon milestone due to circumstances that were within the hospital owner's or operator's control. The bill would require the owner or operator of that hospital to submit to the department an attestation that the appropriate governing board of that hospital is aware of the hospital's responsibility to comply with the associated construction costs to meet the seismic compliance deadlines. By requiring the owner or operator of a hospital to submit to the department an attestation, this bill would expand the crime of perjury and impose a state-mandated local program. This bill would require the department, before granting an extension past January 1, 2030, to provide public notice of a hospital's request for an extension, provide copies, upon request, of any publicly available material submitted by the hospital in support of their extension to interested parties, and allow the public to submit written comments on the extension proposal, as specified. The bill would require the department, beginning January 1, 2027, to post on the department's internet website specified information, including, among other things, its decision to grant or deny any extension. The bill would require the department to notify the county board of supervisors, the city council, and the Assembly and Senate representative in writing and electronically if a hospital within their district has been granted or denied an extension. This bill would require the department, on or before January 1, 2026, to adopt regulations and standards or revise regulations and standards, or both, to extend the deadlines for meeting the structural performance and nonstructural performance requirements. The bill would specify that regulatory submissions made by the department to the California Building Standards Commission are deemed to be emergency regulations and that the adoption of these regulations are to be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, and general welfare. Existing law requires, before January 1, 2024, the owner of an acute care inpatient hospital that includes a building that does not substantially comply with seismic safety regulations or standards to post in a lobby or waiting area generally accessible to patients or the public a notice provided by the department that the hospital is not in compliance with the seismic safety requirements the hospital is required to meet by January 1, 2030. Existing law requires, on or before January 1, 2024, and annually thereafter, the owner of an acute care inpatient hospital that includes a building that does not substantially comply with seismic safety regulations or standards to provide an annual status update on the Structural Performance Category ratings of the buildings and the services provided in each hospital building on the hospital campus to specified entities until each of the hospital buildings owned by that hospital building owner is compliant. This bill would require, before January 1, 2025, the owner or operator of an acute care inpatient hospital that includes a building that does not substantially comply with the seismic safety regulations or standards to post in any lobby or waiting area generally accessible to patients or the public the notice mentioned above. The bill would also require, on or before January 1, 2025, and annually thereafter, the owner or operator to provide an annual status update, as specified. This bill would specify that the provisions of this act are severable. 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.

The California Constitution provides that voters may recall a state officer by majority vote and, in the same election, elect a successor with a plurality of the vote. The Constitution prohibits an officer who is the subject of a recall election from being a candidate for successor. The Constitution provides that the Lieutenant Governor becomes Governor when a vacancy occurs in the office of Governor, and requires the Lieutenant Governor to act as Governor during the impeachment, absence from the state, or other temporary disability of the Governor or of a Governor-elect who fails to take office. When a recall of the Governor is initiated, the Constitution requires the Lieutenant Governor to perform the recall duties of the Governor. The Constitution requires the Governor to fill vacancies in certain judicial and executive offices by appointment, as specified. This measure would eliminate the successor election for a recalled state officer and instead provide, in the event an officer is removed in a recall election, that the office will remain vacant until it is filled in accordance with the Constitution and statute. The measure would repeal the prohibition against the officer subject to the recall being a candidate to fill the office in a special election, but would prohibit the appointment of the officer subject to the recall election to fill the vacancy. If the Governor is removed from office in a recall election, this measure would provide that the Lieutenant Governor will become Governor for the remainder of the unexpired term. If the Governor is removed from office by recall before the close of the nomination period for the next statewide election during the first two years of the Governor's term, the measure would provide for a special election to be held to replace the Governor for the remainder of the unexpired term, to be consolidated with the next statewide primary election and, if necessary, the subsequent statewide general election. The measure would require the Secretary of State to perform the recall duties of the Governor when a recall of the Governor is initiated. The measure would require the Controller to perform the recall duties of the Governor and Secretary of State if recalls of those two officers are initiated at the same time. If adopted by the Legislature, the measure would appear on the ballot at the November 3, 2026, statewide general election.

This measure would urge the Congress of the United States to repeal the state and local tax deduction limitation so that residents of California and married taxpayers are no longer penalized by the federal tax code.