Existing law, commencing on January 1, 2023, prohibits a state agency from sending any outgoing United States mail that contains an individual's social security number unless the number is truncated to its last 4 digits or in specified circumstances, including when federal law requires inclusion of the social security number or when documents are mailed to a current or prospective state employee. This bill would instead require state agencies, as soon as is feasible, but no later than January 1, 2023, to stop sending any outgoing United States mail to an individual that contains the individual's social security number unless the number is truncated to its last four digits, except in specified circumstances. This bill would declare that it is to take effect immediately as an urgency statute.
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(1) Existing law prohibits a state agency from sending any outgoing United States mail, as defined, to an individual that contains personal information about that individual, including, but not limited to, the individual's social security number, unless that personal information is contained within sealed correspondence and cannot be viewed from the outside of that sealed correspondence. Existing law also prohibits, commencing on or before January 1, 2023, a state agency from sending any outgoing United States mail to an individual that contains the individual's social security number, except as provided. Existing law requires state agencies that are unable to comply with this prohibition to submit an annual corrective action plan to the Legislature until it is in compliance. Existing law makes the corrective action plan and related correspondence confidential and prohibits their public disclosure. This bill would require an annual corrective action plan to contain specified information and to be submitted to the Legislature every December 15. If the Employment Development Department fails to comply by January 1, 2023, the bill would require, upon appropriation by the Legislature, the department to provide access to and pay for identity theft monitoring for any individual who receives outgoing United States mail from the department that contains full social security numbers in violation of the bill's provisions. (2) Existing law establishes the department within the Labor and Workforce Development Agency and sets forth its powers and duties, including administration of the unemployment and disability insurance programs for California. Existing law requires the department to pay unemployment compensation benefits to unemployed individuals meeting specified requirements, to periodically review policies and practices used to determine eligibility for and the amount of benefits in the unemployment insurance program, and to report to the Legislature, as specified. Under existing law, unemployment compensation benefits are paid from the Unemployment Fund, and the expenses for administering these provisions are paid from the Unemployment Administration Fund, which is continuously appropriated for these purposes. This bill would require the department, for purposes of unemployment compensation, upon appropriation by the Legislature, to comply with various reporting and review processes. The bill would set forth a timeline for the department to follow in implementing these tasks. In this regard, the bill would require the department, among other things, to report specified information regarding overpayments at least once every 6 months on its internet website, to immediately perform a risk assessment of its deferred workloads, and to develop a workload plan that prioritizes its deferred workloads based on that risk assessment. The bill would require the department to immediately begin modeling workload projections that account for possible scenarios that would cause a spike in unemployment insurance claims, as provided. This bill would require the department to revise its public dashboards with regard to the number of backlogged claims, as specified. The bill would require the department to determine the reasons that claimants cannot successfully complete their identity verification, as specified, and to identify the elements of the Benefit System Modernization that can assist the department in making timely payments. The bill would require the department to implement a formal policy that establishes a process for tracking and periodically analyzing the reasons why unemployment insurance claimants call for assistance and to regularly analyze this data, as specified, to improve its call center. This bill would require the department, by March 1, 2022, to designate a unit as responsible for coordinating all fraud prevention and detection, as specified. Existing law requires the Director of Employment Development to report to various committees of the Legislature by June 30 of each year on the department's fraud deterrence and detection activities. This bill would require that report to include an assessment of the effectiveness of the department's system of cross matching claims against information about incarcerated individuals, as specified. The bill would authorize the department to generalize, exclude, or redact details on fraud methods and tools to protect the fraud deterrence practices of the department. The bill would also remove an obsolete reference to a predecessor committee and would instead refer to the Senate Committee on Labor, Public Employment and Retirement. This bill would also require the department to request any personal identification information required from the claimant in accordance with the most recent federal National Institute of Standards and Technology Special Publication 800-63 standards, as specified. 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 Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA establishes the Department of Cannabis Control and imposes duties on the department with respect to the creation, issuance, denial, suspension, and revocation of licenses issued pursuant to MAUCRSA. MAUCRSA imposes a civil penalty on a person engaging in commercial cannabis activity without a license as required by the act, of up to 3 times the amount of the license fee for each violation. This bill would impose a civil penalty on persons aiding and abetting unlicensed commercial cannabis activity of up to 3 times the amount of the license fee for each violation, but in no case more than $30,000 for each violation. The bill would prohibit filing an action for civil penalties brought against a person pursuant to MAUCRSA 3 years after the discovery of the violation. The bill would require a court to consider certain factors in assessing a penalty for engaging in or aiding and abetting unlicensed commercial cannabis activity. The bill would require that certain factors be demonstrated in order to prove that a person aided and abetted an unlicensed cannabis activity. The bill would authorize an action for civil penalties on persons aiding and abetting unlicensed commercial cannabis activity to be brought exclusively by the Attorney General, or in jurisdictions meeting specified population requirements, by the city prosecutor or city or county counsel. MAUCRSA requires civil penalties collected by the Attorney General in an action brought against a person pursuant to the act on behalf of the people to be deposited into the General Fund. This bill would instead require civil penalties collected by the Attorney General in an action brought against a person pursuant to MAUCRSA on behalf of the people, the department, or a participating agency to be first used to reimburse the Attorney General and the department or participating agency for the costs of investigating and prosecuting the action brought for civil penalties, with the remainder collected, if any, to be deposited into the General Fund. By authorizing the expenditure of civil penalties, which are general funds, to be used to reimburse the Attorney General and the department, or participating agency, this bill would make an appropriation. AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 23 vote of the membership of both houses of the Legislature, except as provided. This bill would declare that its provisions further the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
Existing law requires the Governor to proclaim certain days each year for specified reasons. This bill would designate August 26 of each year as California Farmworker Day, and require the Governor to annually proclaim August 26 as California Farmworker Day. The bill would make legislative findings in this regard.
Under existing law, a person is guilty of disorderly conduct, a misdemeanor, if they intentionally distribute an image that was intended to remain private of the intimate body parts of another or of the person depicted engaged in a sex act, as specified. Existing law requires prosecution for this offense to be commenced within one year after commission of the offense. This bill would instead allow prosecution for this offense to commence within one year of the discovery of the commission of the offense, but no more than 4 years after the image was distributed.
Existing law provides for the licensing and regulation of an adult alcoholism or drug abuse recovery or treatment facility, a psychiatric health facility, or a mental health rehabilitation facility by the State Department of Health Care Services. Existing law authorizes the department to impose specified penalties on a facility that is in violation of applicable laws and regulations governing the facility. Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of a community care facility, including, among others, a social rehabilitation facility, by the State Department of Social Services. A violation of the act may be subject to specified civil penalties, license suspension or revocation, or misdemeanor charges. This bill would prohibit an operator of a licensed alcoholism or drug abuse recovery or treatment facility, a certified alcohol or other drug program, and a licensed mental health rehabilitation center, psychiatric health facility, or social rehabilitation facility, from engaging in various acts, including making a false or misleading statement about the entity's products, goods, services, or geographical locations. The bill would also prohibit a picture, description, staff information, or the location of an entity from being included on an internet website along with false contact information that surreptitiously directs the reader to a business that does not have a contract with the entity. The bill would authorize the department responsible for the facility's licensure or certification to investigate allegations of a violation of these provisions and, upon finding a violation, to impose the civil sanctions and other penalties available pursuant to existing law, but would not make a violation of these provisions a crime.
Existing law establishes the Interagency Advisory Committee on Apprenticeship within the Division of Apprenticeship Standards, which is in the Department of Industrial Relations. Existing law prescribes the composition of the committee, which includes specified officials or their designees, serving as ex officio members, and 6 persons appointed by the Secretary of Labor and Workforce Development who are familiar with certain apprenticeable occupations, as specified requirements. This bill would add the director of the State Department of Social Services as a member of the Interagency Advisory Committee on Apprenticeship. This bill would require the Interagency Advisory Committee on Apprenticeship to create a subcommittee to study and report on issues related to the participation of homeless youth and foster youth, as defined, in apprenticeships and preapprenticeships, and prescribe specified subjects the subcommittee is to address. The bill would authorize the subject matters of study and reporting to be expanded to include issues relating to minority populations, at the request of a committee member. The bill would require, on and after July 1, 2023, that the findings and recommendations be included in a specified report. Existing law requires the Chief of the Division of Apprenticeship Standards, the California Apprenticeship Council, and the Interagency Advisory Committee on Apprenticeship to annually report separately through the Director of Industrial Relations to the Legislature and the public on their activities. Existing law specifies the subjects upon which they are to report, including the number of individuals, including numbers of women and minorities, in apprenticeship, preapprenticeship, and other specified programs for the current year and in each of the previous 5 years. This bill would expand the above-described reporting requirements to include provisions relating to foster youth and homeless youth, as defined. This bill would incorporate additional changes to Section 3071.5 of the Labor Code proposed by AB 1273 to be operative only if this bill and AB 1273 are enacted and this bill is enacted last.
Existing law allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking to petition the court for vacatur relief. Existing law requires the petitioner to establish by clear and convincing evidence that the arrest and conviction were the direct result of being a victim of human trafficking. Existing law requires that a petition be made and heard within a reasonable time after the person has ceased to be a victim of human trafficking, or within a reasonable time after the petitioner has sought services, whichever is later. Existing law allows a petitioner, or the petitioner's attorney, to be excused from appearing in person at a hearing on the petition only if the court finds a compelling reason why the petitioner cannot attend, in which case existing law allows the petitioner to appear by electronic means. This bill would prohibit a court from refusing to hear the petition on the basis of the petitioner's outstanding fines and fees or the petitioner's failure to meet the conditions of probation. With the exception of restitution, the bill would require that the collection of fines imposed as a result of a nonviolent offense that is the subject of the petition be stayed while the petition is pending. This bill would also allow the petitioner to appear at all hearings on the petition by counsel if the petition is unopposed. The bill would allow a petition to be made and heard at any time after the person has ceased to be a victim of human trafficking, or at any time after the petitioner has sought services for being a victim of human trafficking. The bill would specify that the right to petition for relief pursuant to these provisions does not expire with the passage of time. Existing law requires the court, for petitioners who qualify for vacatur relief, to order designated law enforcement agencies to seal their records of the petitioner's arrest and the court order to seal and destroy the records within 3 years from the date of arrest, or within one year after the court order for vacatur relief is granted, whichever is later, and thereafter destroy those records. Existing law requires the court to provide the petitioner with a copy of any court order concerning the destruction of the arrest records. This bill would designate additional agencies required to seal and destroy arrest records and require all designated agencies to seal and destroy the arrest records within one year of the date of arrest, or 90 days from the date the court order for vacatur relief is granted, whichever is later. The bill would also require the court to provide the petitioner and their counsel with a copy of any form the court submits to any agency related to the sealing and destruction of arrest records. The bill would require the department to notify the petitioner and their counsel that the department has complied with the order to seal the arrest records.
This measure would proclaim November 3, 2021, as One Health Day, to celebrate and bring attention to the need for a One Health approach to address shared health threats at the human-animal-environmental interface.
This measure would designate the month of September 2021 as Leukemia, Lymphoma, and Myeloma Awareness Month and Blood Cancer Awareness Month and the first week of September 2021 as Blood Donation Week.