Asm. Pilar Schiavo

Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the processing, labeling, advertising, and sale of food, drugs, and cosmetics, including dietary supplements, under the administration and enforcement of the State Department of Public Health. A violation of those provisions is a crime. Under existing law, it is a misdemeanor for any manufacturer, wholesaler, retailer, or other person to sell, transfer, or otherwise furnish a dietary supplement containing ephedrine group alkaloids or other specified substances to a person under 18 years of age, and a seller is required to request a valid identification of prospective purchasers who reasonably appear to be under 18 years of age. This bill would prohibit a retail establishment from selling, transferring, or otherwise furnishing dietary supplements for weight loss or over-the-counter (OTC) diet pills, as defined, to any person under 18 years of age without a prescription, by requiring the retail establishment to follow a specified identification check. The bill would require the department, in consultation with certain entities, to determine which dietary supplements for weight loss and OTC diet pills would be subject to these provisions, in a manner consistent with specified criteria. The bill would make a person who violates these provisions liable for a civil penalty of no more than $250 for each violation, as specified. The bill would exempt a retail clerk from any civil penalties for a violation of these provisions, except as specified. Under the bill, the above-described criminal penalty would not apply to a violation of these provisions. The bill would make these provisions operative on January 1, 2026, and would make the provisions severable.

Existing law authorizes the sheriff of a county or the chief or other head of a municipal police department of any city or city and county to issue a license to carry a concealed firearm to an applicant for that license if the applicant is of good moral character, good cause exists for issuance of the license, the applicant meets specified residency requirements, and the applicant has completed a specified course of training, acceptable to the licensing authority. Existing law requires the course of training to be no less than 8 hours, include instruction on firearm handling and shooting technique, as specified, and to include live-fire exercises conducted on a firing range. Existing law provides that, for license renewal applicants, the course of training may be any course acceptable to the licensing authority, must be no less than 4 hours, and must meet the above-described requirements. This bill would, on and after July 1, 2026, require the Department of Justice to develop, evaluate, update, maintain, and publish a standardized curricula for a license to carry a concealed firearm. The bill would require the department to create a standardized test, as specified, and to make that test available on a web portal. The bill would require an applicant to submit proof of passing that examination as part of an application to carry a concealed firearm. The bill would authorize the department to charge a reasonable fee for taking the standardized test, and require that fee to be used, upon appropriation by the Legislature, for the service, maintenance, and administration of the web portal for the test. The bill would additionally require the department to develop, evaluate, update, maintain, and publish ethical and professional standards for concealed carry instructors to maintain their certification with the department. The bill would require those instructors, for each applicant who receives a certificate of completion for any class taken by the certified instructor, to provide a sworn statement verifying that the applicant has successfully met the curriculum requirements, and would make any instructor who knowingly or willingly makes a false sworn statement punishable by an infraction. By creating a new crime, this bill would impose a state-mandated local program. The bill would require those instructors and issuing authorities for licenses to carry a concealed firearm to keep specified records for a minimum of 5 years. By imposing additional duties on local issuing authorities, 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 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, the Sex Offender Registration Act (the Act) , requires a person convicted of specified crimes to register with law enforcement as a sex offender while residing in California or while attending school or working in California, as specified. Existing law establishes 3 tiers of registration based on specified criteria, for periods of at least 10 years, at least 20 years, and life, respectively, for a conviction of specified sex offenses. Existing law exempts from mandatory registration under the Act a person convicted of certain offenses involving minors if the person is not more than 10 years older than the minor and if that offense is the only one requiring the person to register. A willful failure to register, as required by the Act, is a misdemeanor or felony, depending on the underlying offense. This bill would require offenders guilty of engaging in an act of unlawful sexual intercourse with a minor who is more than 3 years younger than the offender, or, if the offender was 21 years of age or older, engaging in an act of unlawful sexual intercourse with a minor who is under 16 years of age, to register for 10 years as a tier one offender under the Act, unless the offender was not more than 10 years older than the minor and if that offense is the only one requiring the offender to register. By expanding the scope of a crime, 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.

Existing law, the Political Reform Act of 1974, prohibits a public officer from expending, and a candidate from accepting, public moneys for the purpose of seeking elective office. This bill would permit a public officer or candidate to expend or accept public funds, as defined, for the purpose of seeking elective office unless the funds are earmarked by a state or local entity for education, transportation, or public safety. The bill would require candidates to abide by specified expenditure limits and meet strict criteria, as defined, to qualify for public funds, and it also would prohibit public funds from being used to pay legal defense fees or fines. The bill would prohibit a candidate receiving public funds from using those funds to repay personal loans to their campaign at any time. The bill would permit a statute, ordinance, or charter to establish standards to increase the expenditure limits for each qualified, voluntarily participating candidate pursuant to a specified formula. The bill would provide that the Fair Political Practices Commission is not responsible for administering or enforcing a system of public funding of candidates established by a local governmental agency. Existing law prohibits a foreign government or foreign principal, as defined, to make a contribution, expenditure, or independent expenditure in connection with the qualification or support of, or opposition to, any state or local ballot measure or in connection with the election of a candidate to state or local office. Under existing law, a person who violates this prohibition is guilty of a misdemeanor and subject to a fine equal to the amount contributed or expended. This bill would specify that a person who violates the prohibition above is guilty of a misdemeanor and must be fined an amount at least equal to the amount contributed or expended but not exceeding a maximum amount of 3 times the amount contributed or expended. The Political Reform Act of 1974, an initiative measure, provides that the act may be amended by a statute that becomes effective upon approval of the voters. This bill would require the Secretary of State to submit the provisions of the bill to the voters for approval at the November 3, 2026, statewide election, as specified.

Existing law, the Political Reform Act of 1974, prohibits a public officer from expending, and a candidate from accepting, public moneys for the purpose of seeking elective office. This bill would permit a public officer or candidate to expend or accept public moneys for the purpose of seeking elective office if the state or a local governmental entity established a dedicated fund for this purpose, as specified. The bill would prohibit the public moneys for this dedicated fund from being taken from public moneys that are earmarked for education, transportation, or public safety. This restriction would not apply to charter cities. The Political Reform Act of 1974, an initiative measure, provides that the act may be amended by a statute that becomes effective upon approval of the voters. This bill would require the Secretary of State to submit the provisions of the bill to the voters for approval at the November 5, 2024, general statewide election, as specified.

Existing law, the Parent's Accountability and Child Protection Act, requires a person or business that conducts business in California and that seeks to sell specified products or services to take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including verifying the age of the purchaser. The act provides that reasonable steps include, but are not limited to, any of specified options, including requiring the user to input, scan, provide, or display a government-issued identification, as specified. The act prohibits any person or business required to comply with the provisions of the act from retaining, using, or disclosing any information it receives from a purchaser or recipient in an effort to verify age under the provisions of the act. In an action brought by a public prosecutor, existing law subjects a business or person that violates these provisions to a civil penalty not to exceed $7,500 for each violation. This bill would expand the above-described provisions to require a person or business that conducts business in California and seeks to sell or make available products or services that are illegal to make available to minors, as specified, to take reasonable steps to ensure that the purchaser or user, as defined, is of legal age at the time of access, purchase, or delivery, as applicable. The bill would provide that reasonable steps include, but are not limited to, any of specified options, including requiring the user or purchaser to input, scan, provide, or display a government-issued identification, as specified, and would also require the Attorney General to issue regulations further defining reasonable steps pursuant to these provisions, as provided. The bill would expand the above-described prohibition against retention, use, or disclosure to apply to a person or business that conducts business in California and that seeks to make available products that are illegal to make available to minors and would require the business or person to ensure that the reasonable step is designed to anonymize a user's identity and is incapable of being used to create a record of the user's online activity. This bill would provide that the penalty described above for a violation of the bill's provisions with regard to certain products or services that are illegal to make available to minors may be assessed and recovered only in a civil action brought by the Attorney General. The bill would also delete an obsolete provision. The bill would make the bill's provisions operative on January 1, 2027.

Existing law establishes the Governor's Office of Business and Economic Development, known as "GO-Biz," within the Governor's office to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law establishes, within GO-Biz, the Energy Unit to accelerate the planning, financing, and execution of critical energy infrastructure projects that are necessary for the state to reach its climate, energy, and sustainability policy goals, including by identifying barriers, making recommendations, creating a working group, coordinating between the state's climate and energy agencies, and cooperating with local, regional, federal, and California public and private businesses and investors. Existing law requires the Energy Unit to submit a report to the Legislature on its activities on or before February 1 of each year, as specified. This bill would require the Energy Unit to identify, among other things, nonratepayer-funded energy industry resources, including grants, tax credits, loans, and technical assistance, across local, state, and federal departments and agencies that are available to assist businesses and workers in the transition to a net-zero-powered economy. The bill would require the Energy Unit to work with specified agencies to identify workforce development programs specific to the energy industry and gather data on how education and outreach is conducted to disadvantaged communities, as defined. The bill would also require the Energy Unit, in collaboration with the Small Business Advocate, to identify the participation levels in those energy industry resources by businesses owned by women, minorities, disabled individuals, and veteran-owned businesses, as well as individuals from disadvantaged communities. This bill would require the Energy Unit to hold at least 3 public workshops and engage with stakeholders and specified representatives to develop recommendations on addressing barriers to access to those energy industry resources faced by business-owner groups and individuals who live in disadvantaged communities and how to increase their participation levels to the extent that there are disparities, as specified. The bill would also require the Energy Unit to convene a technical advisory group for related purposes, as specified. The bill would require the Energy Unit to include those findings and recommendations and other related information in its annual report to the Legislature. The bill would also make related legislative findings and declarations.

Existing law makes it a crime to, among other things, possess any matter, representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip, the production of which involves the use of a person under 18 years of age, knowing that the matter depicts a person under 18 years of age personally engaging in or simulating sexual conduct. This bill would, for the purposes of those provisions, include an image generated through the use of artificial intelligence, as defined, as a computer-generated image. By expanding the scope of a crime, this bill would impose a state-mandated local program. Existing law imposes specified duties on the Department of Justice relating to the collection and analysis of criminal statistical data, including, among other things, a requirement to make information relating to criminal justice statistics available to the public through the department's OpenJustice internet portal. This bill would require the Department of Justice to include in its collection and analysis of criminal statistical data violations based on materials generated through the use of artificial intelligence. 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, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of disability insurers by the Department of Insurance. Existing law establishes the Independent Medical Review System within each department, under which an enrollee or insured may seek review if a health care service has been denied, modified, or delayed by a health care service plan or disability insurer and the enrollee or insured has previously filed a grievance that remains unresolved after 30 days. This bill, commencing January 1, 2026, would require a health care service plan or a disability insurer that upholds its decision to modify, delay, or deny a health care service in response to a grievance or has a grievance that is otherwise pending or unresolved upon expiration of the relevant timeframe to automatically submit within 24 hours a decision regarding a disputed health care service to the Independent Medical Review System, as well as the information that informed its decision, if the decision is to deny, modify, or delay specified services relating to mental health or substance use disorder conditions for an enrollee or insured up to 26 years of age. The bill would require a health care service plan or disability insurer, within 24 hours after submitting its decision to the Independent Medical Review System to provide notice to the appropriate department, the enrollee or insured or their representative, if any, and the enrollee's or insured's provider. The bill would require the notice to include notification to the enrollee or insured that they or their representative may cancel the independent medical review at any time before a determination, as specified. This bill, commencing January 1, 2026, would require a health care service plan or disability insurer that provides coverage for mental health or substance use disorders to treat a modification, delay, or denial issued in response to an authorization request for coverage of treatment for a mental health or substance use disorder for an insured up to 26 years of age as if the modification, delay, or denial is also a grievance submitted by the enrollee or insured. The bill would require a plan or insurer to provide a written acknowledgment of a grievance that is automatically generated and would specify the circumstances under which that grievance is required to be submitted automatically to independent medical review. The bill would apply specified existing provisions relating to mental health and substance use disorders for purposes of its provisions, and would be subject to relevant provisions relating to the Independent Medical Review System that do not otherwise conflict with the express requirements of the bill. With respect to health care service plans, the bill would specify that its provisions do not apply to Medi-Cal managed care plan contracts. The bill would authorize the Director of Managed Health Care and the Insurance Commissioner to promulgate regulations subject to the Administrative Procedure Act to implement and enforce the bill, and to issue interim guidance, as specified. Because a willful violation of this provision by a health care service plan would be a crime, 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.

Existing law establishes the State Department of Public Health that is led by the State Public Health Officer, who is appointed by the Governor and subject to confirmation by the Senate. The Governor is authorized to appoint, upon the recommendation of the State Public Health Officer, 2 chief deputies, subject to confirmation by the Senate. This bill would establish the Office of Tribal Affairs within the department to be led by a Tribal Health Liaison to assist in addressing the public health disparities impacting tribal communities. The bill would require the office to communicate needs and to propose specific solutions from tribal communities to the department and state entities, as specified. The bill would provide that the Tribal Health Liaison be appointed by and serve at the pleasure of the State Public Health Officer and would require the State Public Health Officer to regularly consult with and consider input and information provided by the Tribal Health Liaison. The bill would require the Tribal Health Liaison, among other duties, to regularly consult with California tribal representatives, as specified, and oversee the department's tribal health equity meetings, advisory groups, and workgroups. The bill would make related findings and declarations.