Existing law imposes taxes upon income and real property, as well as taxes upon certain transactions and excise taxes. This bill would, for taxable years beginning on or after January 1, 2022, impose an annual tax at a rate of 1% of a resident of this state's worldwide net worth in excess of $50,000,000, or in excess of $25,000,000 in the case of a married taxpayer filing separately. The bill would also impose an additional tax at a rate of 0.5% of a resident's worldwide net worth in excess of $1,000,000,000, or in excess of $500,000,000 in the case of a married taxpayer filing separately. The bill would describe worldwide net worth with reference to specific federal provisions and would provide that worldwide net worth does not include specific assets, including personal property situated out of state, directly held real property, or liabilities related to directly held real property. The bill would also authorize the Franchise Tax Board to adopt regulations to carry out these provisions, including regulations regarding the valuation of certain assets that are not publicly traded. Existing law requires the Franchise Tax Board to administer the Personal Income Tax Law. This bill would require the Franchise Tax Board to amend or create returns with regard to the Wealth Tax. Existing law, the False Claims Act, provides that any person who commits specified acts, including, but not limited to, knowingly presenting a false or fraudulent claim for payment or approval or knowingly making or using a false record or statement material to a false or fraudulent claim, is liable to the state or to the political subdivision for 3 times the amount of damages that the state or political subdivision sustained because of the act and for the costs of a civil action brought to recover any penalties or damages, and is subject to a civil penalty. That act requires the Attorney General or the prosecuting authority of a political subdivision to diligently investigate violations of those specific acts involving state funds or political subdivision funds, respectively, and authorizes the Attorney General, the prosecuting authority, or a qui tam plaintiff to bring a civil action against a person who commits those acts. That act does not apply to claims, records, or statements made under the Revenue and Taxation Code. This bill would apply the provisions of the False Claims Act to claims, records, or statements made in relation to the wealth tax imposed by the bill, as specified. This bill would specify that the tax imposed by the bill shall only become operative if a specified constitutional amendment is approved by the voters and takes effect. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. 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. 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.
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(1) Existing law prohibits health care service plans and their contracting entities from including provisions in their contracts that interfere with the ability of a physician and surgeon or other licensed health care provider to communicate with a patient regarding their health care. This bill would prohibit a health facility from requiring a physician or surgeon, as a condition of obtaining or maintaining clinical privileges, to agree to comply with criteria, rules, regulations, or other policies or procedures that are not knowingly and explicitly ratified, issued, or promulgated by the medical staff, that directly or indirectly prohibit, limit, or restrict the ability of the physician or surgeon to provide a particular medical treatment or service that falls within the scope of their privileges, or from requiring a physician or surgeon to obtain permission from a nonphysician or nonsurgeon to perform a particular medical treatment or service for which consent has been obtained from the patient or the patient's representative, except as provided. The bill would prohibit a health facility from limiting or otherwise exercising control over the independent professional judgment of a physician or surgeon concerning the practice of medicine or the diagnosis or treatment of disease, if the physician or surgeon, exercising their independent professional judgment, determines that a particular medical service or treatment is medically appropriate, unless specified circumstances apply. This bill would authorize a superior court, upon application by a health facility's medical staff or an individual member of a facility's medical staff, to issue an injunction or other appropriate order restraining any acts or practices that could constitute a violation of these provisions. The bill would specify that its provisions cannot be construed to prohibit a health facility from establishing criteria, rules, regulations, policies, or procedures that are required by federal or state law or regulation as a condition of licensure, receipt of federal or state funds, or participation in Medicare, Medi-Cal, or other federal or state health care programs, or limit a medical staff's authority to take corrective action against medical staff members in accordance with the medical staff bylaws, except in specified circumstances. The bill would also prohibit health facility corporate bylaws, policies, rules, contracts, or other institutional requirements that conflict with these provisions from being applied to directly or indirectly affect a physician's clinical privileges or rights, or privileges of membership on the medical staff, except as required by federal or state law. (2) Existing law requires each shareholder, director, and officer of a medical or podiatry corporation, except as provided, to be a licensed person, as defined. This bill would require the shareholders, directors, and officers of a medical corporation to manage and have ultimate control, as defined, over the assets and business operations of the medical corporation and not be replaced, removed, or otherwise controlled by any lay entity or individual, as specified. (3) Existing law requires any nonprofit corporation that operates or controls a health facility or operates or controls a facility that provides similar health care, as specified, to provide written notice to, and to obtain the written consent of, the Attorney General prior to entering into any agreement or transaction to sell, transfer, lease, or exchange its assets to a for-profit corporation or entity or to a mutual benefit corporation or entity when a material amount of the assets of the nonprofit corporation are involved in the agreement or transaction, or to transfer control, responsibility, or governance of a material amount of the assets or operations of the nonprofit corporation to any for-profit corporation or entity or to any mutual benefit corporation or entity, as specified. Existing law requires any nonprofit corporation that operates or controls a health care facility, or that or operates or controls a facility that provides similar health care to provide written notice to, and to obtain the written consent of, the Attorney General prior to entering into any agreement or transaction to sell, transfer, lease, or exchange its assets to another nonprofit corporation or entity when a material amount of the assets of the nonprofit corporation are involved in the agreement or transaction, or to transfer control, responsibility, or governance of a material amount of the assets or operations of the nonprofit corporation to another nonprofit corporation or entity. Existing law gives the Attorney General discretion to consent to, give conditional consent to, or not to consent to these agreements or transactions considering any factor they determine to be relevant. This bill would include among those factors that, if applicable, may be relevant to the Attorney General in determining whether to consent whether the agreement or transaction may create a reduction of or limitation on the availability of the full range of health care services to any group of individuals based on their membership in a protected class. The bill would, in the case of an agreement or transaction to sell, transfer, lease, or exchange its assets to another nonprofit corporation or entity, also include among those factors whether the agreement or transaction may result in undue interference in patients' access to medical care due to improper or unlawful motives. (4) This bill would state that its provisions are severable.
Existing law imposes strict liability upon persons who place a defective product on the market, including retailers engaged in the business of distributing goods to the public, for injuries caused by the product. Existing law exempts a manufacturer or seller from liability, except as provided, in any action for injury or death caused by a product, other than an action based on a manufacturing defect or breach of an express warranty, if the product is inherently unsafe and the product is known to be unsafe by the ordinary consumer who consumes the product with the ordinary knowledge common to the community and the product is a common consumer product intended for personal consumption, as specified. This bill would, in any strict products liability action, make an electronic place that, by contract or other arrangement with one or more third parties, engages in specified acts strictly liable for all damages proximately caused by a defective product that is purchased or sold through the electronic place to the same extent as a retailer would be liable for selling the defective product in the retailer's physical store, regardless of whether the electronic place ever takes physical possession of, or title to, the defective product.
Existing law requires a person that owns, controls, operates, or maintains any electrical transmission or distribution line upon any mountainous land or forest-covered land, brush-covered land, or grass-covered land to maintain around and adjacent to any pole or tower that supports a switch, fuse, transformer, lightning arrester, line junction, or dead-end or corner pole a firebreak, as specified. Existing law requires a person that owns, controls, operates, or maintains any electrical transmission or distribution line upon any mountainous land or in forest-covered land, brush-covered land, or grass-covered land to maintain a clearance between all vegetation and all conductors that are carrying electric current, as specified. This bill would impose a civil penalty of up to $100,000 for each violation of the above-described provisions after the person that owns, controls, operates, or maintains any electrical transmission or distribution line is offered a reasonable opportunity to cure. The bill would impose an additional civil penalty of up to $1,000 for each acre burned by a fire resulting from a violation of the above-described provisions after the person that owns, controls, operates, or maintains any electrical transmission or distribution line is offered a reasonable opportunity to cure. The bill would require 50% of the penalties collected to be deposited into the Utility Accountability and Wildfire Prevention Fund, which the bill would establish in the State Treasury, and would distributed the remaining 50%, as provided. The bill would provide that the moneys in the Utility Accountability and Wildfire Prevention Fund, upon appropriation by the Legislature, are available for purposes of enhancing forest management, fire planning, wildfire prevention and suppression, and fire-related enforcement activities. The bill would require the Department of Forestry and Fire Protection to develop regulations to define what a reasonable opportunity to cure means for the above-described purposes.
(1) Existing law requires a person who owns, controls, operates, or maintains an electrical transmission or distribution line upon specified lands to maintain clearances and firebreaks around certain electrical equipment, as provided. Existing law provides that a person is not required to comply with the above provisions relating to the clearing on any land if the person does not have the legal right to maintain that clearing. This bill would delete the above provision of law that excludes a person, as provided, from having to maintain the clearing and would make conforming changes. The Z'berg-Nejedly Forest Practice Act of 1973 (act) prohibits a person from conducting timber operations unless a timber harvesting plan prepared by a registered professional forester has been submitted to the Department of Forestry and Fire Protection. The act defines timber operations for these purposes to mean the cutting or removal, or both, of timber or other solid wood forest products from timberlands for commercial purposes, as provided. The act defines "commercial purposes" to include, among other things, the cutting or removal of trees that are processed for sale, barter, exchange, or trade, as provided. A violation of the act is a crime. This bill would also include, as part of the definition of "commercial purposes" any cutting or removal of timber or other solid wood forest products by any person that owns, controls, operates, or maintains any electrical transmission or distribution line upon specified lands, as provided. By expanding the scope of a crime, this bill would impose a state-mandated program. The bill would require a utility company, before commencing work to maintain clearances and firebreaks around certain electrical equipment, to notify, in writing, the owner of the land upon which the work will be performed no less than 21 days before the commencement of the work, as provided. The bill would require the notice to include specified information, including information regarding the landowner's right to object to the work and information regarding the landowner's options for the disposition of the timber or other solid wood forest products, as provided. The bill would require that a person who violates these provisions be subject to a civil penalty imposed by a court in an amount not to exceed $10,000 for each violation. The bill would authorize a city attorney or county counsel to bring action to enforce these provisions, as provided. The bill would also make conforming changes. Existing law provides that civil actions can only be commenced within prescribed periods, based on the nature of the action, including a 3-year limitations period for specified violations of the act. This bill would provide that an action commenced by a city attorney or a county counsel to enforce the provisions described above relating to notice before a utility company commences work to maintain clearances and firebreaks around certain electrical equipment is subject to a 3-year limitations period, as provided. (2) 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, to protect public health and water quality, regulates a broad range of consumer products and processes, including water softeners, water treatment devices, and backflow prevention devices, among others. This bill would require, on or before January 1, 2024, that all washing machines sold as new in California contain a microfiber filtration system with a mesh size of 100 microns or smaller.
Existing law requires the Department of Food and Agriculture to promote and protect the agricultural industry of the state. Existing law under Article XVI of the California Constitution requires measures authorizing general obligation bonds to specify the single object or work to be funded by the bonds and further requires a bond act to be approved by a 23 vote of each house of the Legislature and a majority of the voters. This bill would enact the Equitable Economic Recovery, Healthy Food Access, Climate Resilient Farms, and Worker Protection Bond Act of 2022, which, if approved by the voters, would authorize the issuance of bonds in the amount of $3,302,000,000 pursuant to the State General Obligation Bond Law, to finance programs related to, among other things, agricultural lands, food and fiber infrastructure, climate resilience, agricultural professionals, including farmers, ranchers, and farmworkers, workforce development and training, air quality, tribes, disadvantaged communities, nutrition, food aid, meat processing facilities, fishing facilities, and fairgrounds. The bill would provide for the submission of the bond act to the voters at the November 8, 2022, statewide general election.
Existing law imposes various sentence enhancements, consisting of additional and consecutive terms of imprisonment, including, among others, enhancements for being armed with a firearm during the commission of a felony, being armed with a firearm during the commission of a street gang crime, as defined, being armed with ammunition designed to penetrate armor during the commission of a felony, furnishing a firearm to another for the purpose of aiding, abetting, or enabling that person to commit a felony, and using a firearm during the commission of a felony. This bill would repeal those enhancements and make conforming changes. Existing law imposes a sentence enhancement in the state prison of 10 years for personally using a firearm in the commission of specified felonies, 20 years for personally and intentionally discharging a firearm in the commission of those felonies, and 25 years to life for personally and intentionally discharging a firearm and causing great bodily injury or death to any other person during the commission of those felonies. This bill would reduce those enhancements to 1, 2, and 3 years, respectively. Existing law imposes a sentence enhancement of 5, 6, or 10 years in the state prison for, with intent to inflict great bodily injury or death, discharging a firearm from a motor vehicle in the commission of a felony and inflicting great bodily injury or death in the commission of a felony. This bill would reduce that enhancement to 1, 2, or 3 years in the state prison. This bill would additionally authorize a person serving a term for those provisions as they read on or before December 31, 2021, to petition the court for a recall of sentence and to request resentencing in accordance with these changes.
Existing law establishes the California Health and Human Services Agency (CHHSA) , which includes departments charged with the administration of health, social, and other human services. Existing law requires CHHSA to enter into partnerships to increase patient access to affordable drugs and to produce or distribute generic prescription drugs and at least one form of insulin, as specified. This bill would create the Affordable Prescription Drug Importation Program in CHHSA, under which the state would be a licensed wholesaler that imports prescription drugs, as specified, for the exclusive purpose of dispensing those drugs to program participants. The bill would require CHHSA to seek federal approval for the importation program on or before June 1, 2022, and would require CHHSA to contract with at least one contracted importer to provide services under the importation program within 6 months of receiving federal approval. The bill would require a contracted importer to, among other things, establish a wholesale prescription drug importation list that identifies the prescription drugs that have the highest potential for cost savings to the state and identify and contract with eligible Canadian suppliers who have agreed to export prescription drugs on that list. This bill would authorize a contracted importer to import a prescription drug from a Canadian supplier if specified requirements are met. The bill would authorize CHHSA to expand the importation program to authorize a manufacturer, wholesale distributor, or pharmacy in a foreign country other than Canada to export prescription drugs to California if specified requirements are met, including a change in federal law. If the importation program is expanded, the bill would authorize a contracted importer to import prescription drugs from a manufacturer, wholesale distributor, or pharmacy in a foreign country other than Canada.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child is abused, a parent or guardian fails to adequately supervise or protect the child, as specified, or a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law requires the juvenile court, after finding that a child is within the dependency jurisdiction of the juvenile court, to hear evidence on the question of the proper disposition to be made of the child. Existing law also requires, for youth who were found to be within the jurisdiction of the juvenile court prior to attaining 18 years of age and who were continuously detained, but who attained 18 years of age prior to the juvenile court holding a dispositional hearing, the court to hold a dispositional hearing if the youth provides informed consent. Existing law requires, for certain youth subject to these provisions who choose not to remain in foster care, the court to set a hearing to terminate jurisdiction. This bill would make youth eligible for a dispositional hearing pursuant to these provisions if, instead of being continuously detained, the youth was continuously subject to a detention order. The bill would also clarify that, for youth subject to those provisions who choose not to remain in foster care, the court is required to set a hearing to terminate dependency jurisdiction and, if the court terminates dependency jurisdiction, the court is required to retain general jurisdiction. This bill would also authorize the court, until January 1, 2023, to hold a dispositional hearing for a youth if, as a result of court closures or delays due to the COVID-19 pandemic, the court was unable to hold a jurisdictional hearing for the youth prior to the youth turning 18 years of age, but the youth has continuously been subject to a detention order and placement and care of the youth has been vested with the county child welfare department. This bill would require the Judicial Council, on or before March 30, 2023, to submit a report related to above-described provisions to the chairs of the Human Services and Judiciary Committees in the Senate and the Assembly. By imposing additional duties on county employees, 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.