Asm. Cecilia Aguiar-Curry

The Alcoholic Beverage Control Act provides for the issuance of various categories of alcoholic beverage licenses, including the imposition of fees, conditions, and restrictions in connection with the issuance of those licenses. Existing law prohibits a licensee to have upon the licensed premises any alcoholic beverages other than the alcoholic beverage for which the licensee is authorized to sell at the premises under his or her license. Existing law provides that a violation of this prohibition is punishable as a misdemeanor and authorizes the Department of Alcoholic Beverage Control to seize any alcoholic beverages found in violation of this prohibition. This bill would authorize an exception to the above-described prohibition by allowing a licensed winegrower and a licensed beer manufacturer that holds a small beer manufacturer's license, whose licensed premises of production are immediately adjacent to each other and which are not branch offices, to, with the approval of the department, share a common licensed area in which the consumption of alcoholic beverages is permitted under specified circumstances.

Existing law requires a pupil, while enrolled in kindergarten in a public school, or while enrolled in first grade in a public school if the pupil was not previously enrolled in kindergarten in a public school, to present proof of having received an oral health assessment by a licensed dentist or other licensed or registered dental health professional operating within his or her scope of practice that was performed no earlier than 12 months prior to the date of the initial enrollment of the pupil. Existing law specifies that a school district or county office of education is not precluded from developing a schoolsite-based oral health assessment to comply with that requirement. Existing law requires a public school, using a standardized notification form developed and posted online by the State Department of Education in consultation with interested persons, to notify parents and legal guardians of the assessment requirement. Existing law requires a school district to send a report by December 31 of each year containing information related to the assessments to the county office of education in the county in which the school district is located. Existing law requires the Office of Oral Health of the Chronic Disease Control Branch of the State Department of Public Health to conduct an evaluation of, and submit a report related to, these requirements by January 1, 2010. This bill would require the State Department of Education to also consult with the state dental director in developing and posting online the standardized notification form and would require the department, in consultation with those entities, to revise the standardized form as necessary. The bill would require the standardized form to also include specified information on parental rights relating to schoolsite oral health assessments. The bill would require a school district to instead submit the report to a system designated by the state dental director for the collection of those reports or to the county office of education, or both, by July 1 of each year and would require a school district to include in the report the total number of pupils required to submit an assessment who are assessed and found to have had caries experience. To the extent these requirements would impose additional duties on public schools and school districts, the bill would impose a state-mandated local program. The bill would encourage all school districts that have fulfilled the annual July 1 report requirement by submitting a report to the county office of education and all county offices of education to submit the report to a system designated by the state dental director for that purpose. The bill would require the Office of Oral Health to conduct or provide for the conducting of periodic evaluations of the pupil oral health assessment requirements. 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 establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Under existing law, an employer must provide reasonably required treatments, including, but not limited to, medical and surgical treatment, to cure or relieve an employee's injuries sustained in the course of his or her employment. This bill would require employers to provide immediate support from a nurse case manager to employees injured in the course of employment by an act of domestic terrorism, as defined, would require employer-appointed nurse case managers to assist claimants to obtain medically necessary medical treatments, as specified, and would require an employer to provide a prescribed notice to claimants, as specified. The bill would make its provisions applicable only if the Governor declares a state of emergency, as defined, in connection with the act of domestic terrorism. This bill would make related legislative findings and declarations.

Existing law, the Child Care and Development Services Act, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age. Existing law establishes eligibility requirements and requires families to meet at least one requirement in each of 2 specified areas, including the area relating to why the family has a need for the child care service. This bill would include in the area relating to need, as a requirement that may be satisfied for purposes of eligibility, that the family needs the child care services because the parents are engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate.

(1) The Child Care and Development Services Act has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to develop standards for the implementation of quality child care programs. Existing law authorizes the County of Alameda and the County of Santa Clara, as a pilot project, to develop an individualized county child care subsidy plan, as provided. This bill would authorize, until January 1, 2023, the Counties of Contra Costa, Marin, and Sonoma to develop individualized county child care subsidy plans, as specified. The bill would require the plans to be submitted by the counties to their local planning council and their respective county board of supervisors for approval, as specified. The bill would require the Early Education and Support Division of the State Department of Education to review and approve or disapprove the plans and any subsequent modifications to the plans and, in specified situations, would require the State Department of Social Services to review the plans. The bill would require the counties to annually prepare and submit to the Legislature, the State Department of Social Services, and the State Department of Education a report that contains specified information relating to the success of the counties' plans. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Contra Costa, Marin, and Sonoma. (2) Existing law authorizes the County of Alameda, as a pilot project, to develop an individualized county child care subsidy plan, as provided. Existing law requires the plan to include specified elements, including the development of a local policy, as provided. Existing law requires the local policy to, among other things, authorize an agency that provides child care and development services in the county through a contract with the State Department of Education and either provides direct services or contracts with licensed providers or centers to apply to the department to amend existing contracts in order to benefit from the local policy. This bill would instead require the local policy, among other things, to authorize an agency that provides child care and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy. Existing law authorizes the local policy to supersede state law concerning child care subsidy programs with regard to certain factors, including eligibility criteria relating to CalWORKs participation, with exceptions. This bill would also authorize the local policy to supersede California state preschool eligibility periods, as specified, and would delete the above provisions relating to superseding eligibility criteria relating to CalWORKs participation and the exceptions. Existing law requires the plan to include a recognition that all funding sources utilized by direct service contractors that provide child care and development services in the County of Alameda and contractors that contract with licensed providers and centers are eligible to be included in the county's plan. This bill would instead require the plan to include a recognition that all funding sources utilized by contractors that provide child care and development services in the County of Alameda are eligible to be included in the county's plan.

(1) Existing law creates the enhanced fleet modernization program to provide compensation for the retirement and replacement of passenger vehicles and light-duty and medium-duty trucks that are high polluters. This bill would require the State Air Resources Board, no later than July 1, 2019, to update the guidelines for the enhanced fleet modernization program to make applicable to light-duty pickup trucks the same standard for miles per gallon that is applicable to minivans, as specified. (2) This bill would incorporate additional changes to Section 44125 of the Health and Safety Code proposed by AB 630 to be operative only if this bill and AB 630 are enacted and this bill is enacted last.

(1) Existing law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages to include construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds, except as specified. Existing law makes a willful violation of laws relating to the payment of prevailing wages on public works a misdemeanor. This bill would expand the meaning of the term "public works" to include specific types of tree removal work. By expanding the definition of "public works," this bill would expand the scope of a crime. (2) This bill would incorporate additional changes to Section 1720 of the Labor Code proposed by AB 199 to be operative only if this bill and AB 199 are enacted and this bill is enacted last. (3) 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 requires the Department of Food and Agriculture, headed by the Secretary of Food and Agriculture, to promote and protect the agricultural industry of the state. This bill would enact the Farmer Equity Act of 2017 and would require the department to ensure the inclusion of socially disadvantaged farmers and ranchers, as defined, in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs, as specified. The bill would require the secretary to create a position within the department's executive office to support the department's efforts to include socially disadvantaged farmers and ranchers in its policies and programs, as specified. The bill would require the department on or before January 1, 2020, to submit a report to the Governor and the Legislature on efforts to serve socially disadvantaged farmers and ranchers and female farmers and ranchers in California and include recommendations to the Governor and the Legislature on how to improve processes to include socially disadvantaged farmers and ranchers.

Existing law, the Pharmacy Law, requires the California State Board of Pharmacy, which is within the Department of Consumer Affairs, to license and regulate the practice of pharmacy, including pharmacists, pharmacy technicians, and pharmacies. This bill would require the board to issue a remote dispensing site pharmacy license to a supervising pharmacy, as defined, of a remote dispensing site pharmacy, as defined, if all the requirements for licensure are met for the purpose of increasing access to dispensing or pharmaceutical care services in the geographic area in which the remote dispensing site pharmacy is located. The bill would require a remote dispensing site pharmacy to use a telepharmacy system, as specified, and would prohibit pharmacy services from being provided at a remote dispensing site pharmacy if the telepharmacy system is unavailable. The bill would require a remote dispensing site pharmacy to be located in a medically underserved area, as defined, unless otherwise approved by the board. The bill would authorize a pharmacy located in this state to serve as a supervising pharmacy to provide telepharmacy services for one remote dispensing site pharmacy. The bill would require a remote dispensing site pharmacy to utilize specified secure communications systems and security systems. The bill would prohibit a remote dispensing site pharmacy from being located in any state facility and would prohibit a remote dispensing site pharmacy from being located or operated for the purpose of displacing state employees. The bill would require a remote dispensing site pharmacy that dispenses more than 225 prescriptions per day, calculated each calendar year, to cease being a remote dispensing site pharmacy and authorizes the remote dispensing site pharmacy to become a full-service pharmacy if it meets all the requirements for licensure as a pharmacy. Existing law prohibits the ordering of dangerous drugs and devices by an entity not licensed by the board, except as otherwise provided, and requires the order to be delivered to the licensed premises and signed for by a pharmacist. This bill would authorize a licensed remote dispensing site pharmacy, as defined, to order dangerous drugs and devices and controlled substances and authorizes a registered pharmacy technician meeting specified requirements to receive and sign for the delivered order. The bill would require any controlled substances signed for by a pharmacy technician to be stored separately from existing inventory until they are reviewed and countersigned by a pharmacist. Existing law requires every pharmacy to designate a pharmacist-in-charge, as specified, and requires the pharmacist-in-charge to be responsible for the pharmacy's compliance with all state and federal laws pertaining to the practice of pharmacy. This bill would authorize a pharmacist to serve as a pharmacist-in-charge of a pharmacy in addition to serving as a pharmacist-in-charge of a supervising pharmacy and would require the designated pharmacist-in-charge of the supervising pharmacy to also serve as the designated pharmacist-in-charge of the remote dispensing site pharmacy. The bill would require the pharmacist-in-charge and the pharmacist-on-duty at the supervising pharmacy to be responsible for ensuring sufficient staffing, as specified. Existing law authorizes a pharmacy technician to perform packaging, manipulative, repetitive, or other nondiscretionary tasks only while assisting, and while under the direct supervision and control of, a pharmacist and prohibits the ratio of pharmacy technicians performing these tasks to any additional pharmacists from exceeding 2 to 1, except as specified. This bill would instead authorize a registered pharmacy technician, who meets certain requirements, to work at a remote dispensing site pharmacy and to perform order entry, packaging, manipulative, repetitive, and other nondiscretionary tasks under the supervision of a pharmacist at a supervising pharmacy using a telepharmacy system. The bill would prohibit a pharmacy technician working at a remote dispensing site pharmacy from performing certain tasks, including receiving a new prescription order orally. The bill would authorize a pharmacist at a supervising pharmacy to supervise up to 2 pharmacy technicians at each remote dispensing site pharmacy in addition to any pharmacy technicians being supervised at the supervising pharmacy. Existing law prohibits a person from acting as a wholesaler of any dangerous drug or dangerous device unless the wholesaler has obtained a license from the board. Subject to certain exceptions, existing federal law requires a person, who manufactures, distributes, dispenses, imports, or exports any controlled substance to obtain a registration and requires a registrant to inform the United States Drug Enforcement Administration of any suspicious orders. This bill would require a wholesaler to notify the board in writing of any suspicious orders of controlled substances placed by a California-licensed pharmacy or wholesaler by providing the board a copy of the information that the wholesaler provides to the United States Drug Enforcement Administration. Existing law prohibits the board from issuing more than one site license to a single premises, except as specified. This bill, until January 1, 2021, would authorize the board to issue specified licenses to 2 independently owned clinics that share a clinic office space, as specified. The bill would make each clinic jointly and severally responsible for drug losses. The bill would require the applicants to provide the board with a copy of the co-location agreement and a one-time application fee of $750 for the licenses. The bill would require a new application and specified fees for any change in ownership in either clinic. The bill would prohibit the board from issuing these licenses to clinics that share a clinic office space until the board is provided with documentation from the Director of the Department of Health Care Services that any Medi-Cal financing issues have been sufficiently addressed, as specified. The bill would authorize the Department of Health Care Services to seek any federal approvals it deems necessary to implement this provision. The bill also would prohibit the board from issuing these licenses to clinics that share a clinic office space until the board is provided with documentation from the Director of the Department of Public Health that any licensing and regulatory issues have been sufficiently addressed, as specified. Under existing law, the State Department of Public Health is responsible for the licensing and regulation of clinics, as defined. Existing law exempts from the licensing and regulation provisions any clinic directly conducted, maintained, or operated by the United States or by any of its departments, offices, or agencies, and specified primary care clinics directly conducted, maintained, or operated by this state or by any of its political subdivisions or districts, or by any city. This bill, until January 1, 2021, would authorize primary care clinics and specialty clinics to operate, as specified, in shared clinic space with the government clinics specified above. The bill would authorize the department to enter and inspect the shared space at any time, as specified. The bill would make the licensed primacy care clinic or specialty clinic responsible for any statutory or regulatory violations occurring on the premises. The bill would authorize the department to implement, interpret, or make specific these provisions by means of all-facility letters, or similar instructions, without taking regulatory action. Existing law makes a violation of any provision of the Pharmacy Law punishable as a crime. By expanding the scope of an existing crime, this bill would result in a state-mandated local program. This bill would incorporate additional changes to Section 4059.5 of the Business and Professions Code proposed by SB 752 to be operative only if this bill and SB 752 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 no reimbursement is required by this act for a specified reason.

(1) Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing and activities. The act requires a committee that supports or opposes ballot measures to name and identify itself using a name or phrase that clearly identifies the economic or other special interests of its major donors of $50,000 or more. The act also requires that the identity of a common employer shared by major donors be disclosed. This bill would repeal these provisions. (2) The act defines "expenditure" as a payment, a forgiveness of a loan, a payment of a loan by a 3rd party, or an enforceable promise to make a payment, unless it is clear from the surrounding circumstances that it is not made for political purposes. This bill, which would be known as the California Disclose Act, would describe circumstances in which a payment would be made for political purposes within the meaning of the definition of "expenditure." (3) The act prohibits a candidate or committee from sending a mass mailing unless the name, street address, and city of the candidate or committee are shown on the outside of each piece of mail in the mass mailing, as specified. This bill would additionally require the name of such an entity to be disclosed in a mass electronic mailing, as defined, that the entity sends. The bill would provide that these disclosure requirements do not apply if the mass mailing or mass electronic mailing is paid for by an independent expenditure. (4) The act prohibits a candidate, committee, or slate mailer organization from expending campaign funds to pay for specified telephone calls that advocate support of, or opposition to, a candidate, ballot measure, or both, unless the name of the organization that authorized or paid for the call is disclosed to the recipient of the call during the course of each call. This bill would instead apply these requirements to a candidate, a candidate controlled committee established for an elective office for the controlling candidate, a political party committee, and a slate mailer organization that expends campaign funds to pay for such telephone calls. The bill would provide that these disclosure requirements do not apply if the telephone call is paid for by an independent expenditure. (5) The act also requires advertisements, as defined, to include prescribed disclosure statements, including, among others, a requirement that the disclosure statements include the names of the persons who made the 2 highest cumulative contributions, as defined, to the committee paying for the advertisement. This bill would repeal and recast provisions of the act relating to advertisement disclosure statements. The bill would revise the definition of "advertisement" to exclude a number of communications, including communications that involve wearing apparel, sky writing, and certain electronic media communications, as specified. The bill would also replace existing advertisement disclosure statements with newly prescribed disclosure statements that identify the name of the committee paying for the advertisement and the top contributors to that committee. The bill would define "top contributors" for purposes of these provisions as the persons from whom the committee paying for the advertisement received its 3 highest cumulative contributions, as specified. The bill would exempt certain committees, including committees that make independent expenditures totaling $1,000 or more in a calendar year, from the requirement to disclose the top contributors in advertisement disclosure statements. The bill would also prescribe location and format criteria for the disclosure statements that are specific to radio and telephone, television and video, print, and electronic media advertisements. (6) The act imposes, in addition to other penalties, a fine of up to triple the amount of the cost of an advertisement on a person who violates the disclosure requirements for advertisements. This bill would revise the scope of violations subject to that fine by specifying that it applies to certain disclosure requirements and intentional violations. (7) The act prohibits a person from making a contribution as an intermediary on behalf of another person without disclosing to the recipient of the contribution specified information about both the intermediary and the source of the contribution. The act also prohibits a person from making a contribution to a committee on the condition or with the agreement that it will be contributed to a particular candidate unless the contribution is disclosed in compliance with those requirements for contributions made by an intermediary. This bill would prohibit a person from making a contribution to a committee or candidate that is earmarked unless the contribution is disclosed in compliance with the requirements for contributions made by an intermediary. The bill would also describe circumstances in which a contribution is deemed to be earmarked. The bill would impose additional disclosure requirements in connection with earmarked contributions from one committee to another. (8) Because a violation of the act is punishable as a misdemeanor, 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. (9) The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act. This bill would declare that it is to take effect immediately as an urgency statute.