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 attorney, or a qui tam plaintiff to bring a civil action against a person who commits those acts. This bill, with respect to whether a false record or statement is material, would require that the materiality test focus on the potential effect of the false record or statement when it is made, not on the actual effect of the false statement when it is discovered. This bill would specify that the amount of damages include consequential damages. This bill would state that these changes are declaratory of existing law. The False Claims Act does not apply to claims, records, or statements made under the Revenue and Taxation Code. This bill would apply the False Claims Act to apply to claims, records, or statements made under the Revenue and Taxation Code if specified conditions are met, including if damages pleaded in an action under the act exceed $200,000 and that the claim, record, or statement was made on or after January 1, 2020. This bill would require the Attorney General or prosecuting authority, as described, to consult with the taxing authorities to whom the claim was submitted prior to filing or intervening in any action under the act that is based on the filing of false claims, records, or statements made under the Revenue and Taxation Code. The bill would authorize the Attorney General or the prosecuting authority, but not the qui tam plaintiff, to obtain otherwise confidential records relating to taxes, fees, or other obligations under the Revenue and Taxation Code. The bill would prohibit the disclosure of federal tax information to the Attorney General or the prosecuting authority without authorization from the Internal Revenue Service. The bill would require that any such information obtained be kept confidential, except as necessary to investigate and prosecute violations of these provisions. Under the False Claims Act, an employee, contractor, or agent who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of their employment for engaging in lawful acts, as specified, or other efforts to stop violations of the act, is entitled to all relief necessary to make them whole. This bill would specify that the relief described above applies to any current or former employee, contractor, or agent. The bill would extend this relief if these parties are otherwise harmed or penalized by an employer. This bill would define lawful acts to include specified acts that may violate a contract, employment term, or duty owed to an employer or contractor. 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.
Sponsored bills
Existing law authorizes any postsecondary higher educational institution with a medical center to establish diagnostic and treatment centers for Alzheimer's disease, and requires the State Department of Public Health to administer grants to the postsecondary higher educational institutions that establish a center pursuant to these provisions. Until January 1, 2025, this bill would require the department to implement the action agenda items in the Healthy Brain Initiative, as defined, to the extent resources are available. The bill would require the department to annually notify the Legislature about activities conducted pursuant to these provisions. Until January 1, 2025, the bill would also, upon appropriation by the Legislature, require the department to establish a pilot program in up to 8 local health jurisdictions, as specified, and award participating local health jurisdictions one-time grant funding over 3 consecutive fiscal years, to develop local initiatives that are consistent with the Healthy Brain Initiative. The bill would require the department to conduct an evaluation of the pilot program and produce a report, to be submitted to the Legislature by January 1, 2023, describing best practices and making recommendations regarding which solutions and innovations are most feasible to replicate.
Existing law prohibits certain stores from providing a single-use carryout bag to a customer at the point of sale and prohibits full-service restaurants from providing single-use plastic straws to consumers unless requested by the consumer. This bill would require a business, as defined, that accepts payment through cash, credit, or debit transactions, subject to certain exceptions, to provide a proof of purchase to a consumer only at the consumer's option and would prohibit a business from printing a paper proof of purchase if the consumer opts to not receive a proof of purchase, unless otherwise required by state or federal law. The bill would prohibit a paper proof of purchase provided to a consumer by a business from containing bisphenol A or bisphenol S, and from including items not essential to the transaction, including, but not limited to, coupons or advertisements. The bill would specify that the first and 2nd violations of any of those provisions would result in a notice of violation and any subsequent violation would be punishable by a civil penalty of $25 for each day the business is in violation, but not to exceed an annual total of $300. The bill would authorize the Attorney General, a district attorney, or a city attorney to enforce those provisions. The bill would make these provisions operative on January 1, 2022.
Existing law requires a report that is required or requested by law to be submitted by a state or local agency to the Members of either house of the Legislature generally to instead be submitted as a printed copy to the Secretary of the Senate, as an electronic copy to the Chief Clerk of the Assembly, and as an electronic or printed copy to the Legislative Counsel. Existing law requires a state agency to provide an electronic copy of the summary of its report directly to each Member of the appropriate house of the Legislature. Existing law requires a state agency post its report on the agency's internet website and to include in the report the internet website where the report can be downloaded. Existing law requires the Legislative Counsel to make available on an internet website an electronic list of all reports that state and local agencies are required or requested by law to prepare and file with the Governor or the Legislature, and to include in the list any hyperlink to a report provided by a state or local agency. This bill would require state and local agencies to submit all reports to the Secretary of the Senate, the Chief Clerk of the Assembly, and the Legislative Counsel electronically, rather than submitting a printed copy, and would eliminate the requirement that state agencies separately submit the summary of the report directly to Members of the Legislature. This bill would make a report that is required or requested by law to be submitted by a state or local agency to a committee of either or both houses of the Legislature subject to these provisions, including the requirements that the report be submitted electronically and included in the electronic list prepared by the Legislative Counsel. Existing law establishes the Department of Technology within the Government Operations Agency, which is supervised by the Director of Technology. Existing law authorizes the director and the department to exercise various powers in creating and managing the information technology policy of the state. This bill would require the Department of Technology to establish and maintain a statewide open data portal. For state agency reports involving data collection or analysis, the bill would require the state agency to post the datasets used to generate the report on the statewide open data portal. The bill would authorize local agencies to post datasets on the portal, and would authorize state agencies to post datasets not already required to be posted on the portal. By imposing new duties on local agencies, 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, 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 recognize June 12, 2019, as the 121st Anniversary of Philippine Independence and would call upon the people of the state to observe the month of June with appropriate ceremonies, programs, and activities.
This measure would urge the President and the Congress of the United States to enact legislation to provide permanent legal status and a path to citizenship for immigrant youths and individuals with Deferred Enforced Departure and Temporary Protected Status.