Asm. Pilar Schiavo

Existing law makes it a misdemeanor for an employee or officer of a public health facility to engage in sexual activity with a consenting adult who is confined in a health facility. Existing law additionally makes it a misdemeanor for specified individuals, including an employee or officer of a public entity detention facility or an employee with a department, board, or authority under the Department of Corrections and Rehabilitation, to engage in sexual activity with a consenting adult by rubbing or touching the breasts or sexual organs of another, as specified. This bill would change the definition of sexual activity to also include the touching of the anus, groin, or buttocks. The bill would instead make it a misdemeanor or a felony, punishable in the county jail, for employees or officers of a public health facility or public entity detention facility and employees with a department, board, or authority under the Department of Corrections and Rehabilitation, to engage in sexual activity with a consenting adult, as specified. Existing law makes it punishable as either a misdemeanor or a felony for specified individuals, including an employee or officer of a public entity detention facility, to engage in sexual activity by engaging in sexual intercourse, sodomy, oral copulation, or sexual penetration, as defined, with a consenting adult who is confined in a detention facility. Existing law makes it punishable as either a misdemeanor or a felony for an employee with a department, board, or authority under the Department of Corrections and Rehabilitation, as specified, to engage in sexual activity by engaging in sexual intercourse, sodomy, oral copulation, or sexual penetration, as defined, with a consenting adult who is an inmate, ward, or parolee. This bill would additionally make it punishable as either a misdemeanor or a felony, punishable in a state prison, for employees or officers of a public health facility to engage in sexual activity with a consenting adult who is confined in a health facility by engaging in sexual intercourse, sodomy, oral copulation, or sexual penetration, as defined. By expanding the scope of crime, this bill would impose a state-mandated local program. Existing law requires a person convicted of a felony violation of the above provisions who is employed by a department, board, or authority within the Department of Corrections and Rehabilitation to be terminated, as specified, and prohibits that person from being eligible to be hired or reinstated by the department. This bill would instead require that a person convicted of any violation of these provisions be terminated and prohibited from being reinstated by the department. The bill would also require that a person convicted of any violation of these provisions who is employed by a public entity detention facility or a public health facility be terminated and made ineligible to be hired or reinstated by any public entity detention facility, as specified. 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 provides for the out-of-home placement, including foster care placement, of children who are unable to remain in the custody and care of their parents. Existing law, the federal Social Security Act, provides for benefits for eligible beneficiaries, including survivorship and disability benefits and supplemental security income (SSI) benefits for, among others, blind and disabled children. Existing law requires every youth who is in foster care and nearing emancipation to be screened by the county for potential eligibility for federal Supplemental Security Income and requires that screening to occur when the foster youth is at least 16 years and 6 months of age and not older than 17 years and 6 months of age. This bill, among other things, would require a placing agency to act in accordance with specified guidelines and pursuant to certain requirements when acting as the representative payee or in any other fiduciary capacity for a child or youth, including, among other requirements, ensuring that the child's benefits are not used to pay for, or to reimburse, the placing agency for any costs of the child's care and supervision, as defined. The bill would make these requirements operative January 1, 2024, or 30 days after the department issues the necessary all-county letters and informing materials to county placing agencies, whichever is later. By increasing county duties with respect to foster youth, the bill would impose a state-mandated local program. Existing law requires the State Department of Social Services to convene a workgroup to develop best practice guidelines for county welfare departments to assist eligible children who are in the state's or a county's custody and are qualified in obtaining federal social security and supplemental security income benefits. Existing law requires that workgroup to make recommendations to the department, by December 31, 2006, regarding the feasibility and cost-effectiveness of reserving a designated amount of foster children's social security and SSI/SSP benefits in lieu of reimbursing the county and the state for care and maintenance, and, in making those recommendations, to consider that the reserved benefits would be for the purpose of assisting the foster child in the transfer to self-sufficient living in a manner consistent with federal law. This bill would repeal the requirement for that workgroup to make the above-described recommendations regarding feasibility and cost-effectiveness. 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 provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes a board, as defined, to suspend a license on certain bases, including if the licensee is not in compliance with a child support order or judgment. Under the Contractors State License Law, the Contractors State License Board is responsible for the licensure, regulation, and discipline of contractors, as defined. This bill would require the Contractors State License Board, by January 1, 2025, to adopt regulations to provide for withholding issuance or renewal of a license application if the qualifying individual, responsible managing officer, or responsible managing employee is not in compliance with a child support order or judgment, as provided. The bill would require the board's regulations to provide for the suspension of licenses if the Department of Child Support Services provides the board with a list of delinquent child support obligors and the qualifying individual, responsible managing officer, or responsible managing employee for the license is not in compliance with a child support order. This bill would require licensees to notify the registrar of the board in writing of any earnings assignment order for child support issued by a court that includes an amount ordered to be paid toward the liquidation of an arrearage owed, unless the arrearage has been paid or the order has been suspended. The bill would require a license to be automatically suspended if the licensee fails to notify the registrar in writing within 120 days of the issuance of the earnings assignment order, as provided. The bill would require the board to adopt regulations providing procedures for the suspension of the license of a licensee who is out of compliance with a judgment or order of support that requires payment of unsatisfied arrearages.

Existing law requires the Department of Parks and Recreation to issue a park pass for free use of all park facilities in the state park system to a veteran of war in which the United States has been, or may be, engaged, who is a resident of this state, who presents to the department proof of a disability, proof of being held captive as a prisoner of war, or proof of being a recipient of a Congressional Medal of Honor, and proof of an honorable discharge from service. This bill would require a pass for free day use of any unit of the state park system that is operated by the state to be issued to Gold Star Family members, as provided.

Existing law prescribes the duties of the State Registrar of Vital Statistics (State Registrar) and local registrars of births and deaths with respect to the registration of certificates of live birth, fetal death, or death, and marriage licenses. Existing law requires the State Registrar to prescribe and furnish all record forms for use in carrying out the provisions governing vital records and prohibits the use of any record form or format other than those prescribed by the State Registrar. Existing law requires every live birth, fetal death, death, and marriage that occurs in the state to be registered with the local registrar. Existing law requires certificates of live birth, fetal death, or death, and a marriage license to include specified information, such as the full name of the child on a certificate of live birth and the full names of the parties to be married on a marriage license. Existing law also requires the county clerk to issue a confidential marriage license, as specified, on a form prescribed by the State Registrar. This bill would require the State Registrar to require the use of a diacritical mark on an English letter to be properly recorded, when applicable, on a certificate of live birth, fetal death, death, marriage license and certificate, or confidential marriage license and certificate, and would require the use of a diacritical mark to be deemed an acceptable entry by the State Registrar. The bill would provide that the absence of a diacritical mark on a certificate of live birth, fetal death, or death, or a marriage license does not render the document invalid nor affect any constructive notice imparted by proper recordation of the document. The bill would authorize, if a name is not accurately recorded because of the absence of a diacritical mark on an English letter in any certificate of live birth, fetal death, death, or marriage already registered, the person asserting the omission, or the person's conservator, or if a minor, the person's parent or guardian, to submit a written request to the State Registrar for the issuance of a new certificate of birth, fetal death, death, or marriage stating the changes necessary to make the name correct. The bill would require the State Registrar to review the request and, if the request is accompanied with the payment of a specified fee, to issue a new certificate of live birth, fetal death, death, or marriage with the accurate name identified in the request. The bill would also authorize, if a name is not accurately recorded because of the absence of a diacritical mark on an English letter on any confidential license and certificate of marriage already registered, the party asserting the omission to make an affidavit, under oath, stating the changes necessary to make the record correct and file it with the county clerk. The bill would require the county clerk to review the amendment for acceptance for filing, and if accepted, file the amendment and note the fact of the amendment, with its date, on the otherwise unaltered original confidential license and certificate of marriage. By requiring the affidavit to be under oath, the bill would expand the crime of perjury, thereby imposing a state-mandated local program. By increasing duties on county clerks, 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 sets forth various programs relating to opioid overdose prevention and treatment, including, among others, standing orders for the distribution of an opioid antagonist, a naloxone grant program, and a grant program to reduce fentanyl overdoses and use throughout the state. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing law, the pharmacist service of furnishing naloxone hydrochloride is a covered Medi-Cal benefit. The Medi-Cal program also covers certain medications to treat opioid use disorders as part of narcotic treatment program services, or as part of medication-assisted treatment services within the Drug Medi-Cal Treatment Program, as specified. 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 health insurers by the Department of Insurance. This bill would make legislative findings relating to the United States Food and Drug Administration (FDA) approving a certain naloxone hydrochloride nasal spray for nonprescription use. Under the bill, prescription or nonprescription naloxone hydrochloride or another drug approved by the FDA for the complete or partial reversal of an opioid overdose would be a covered benefit under the Medi-Cal program. The bill would require a health care service plan contract or health insurance policy that provides coverage for prescription drugs and that is issued, amended, delivered, or renewed on or after January 1, 2025, to cover prescription and nonprescription naloxone hydrochloride and all other drugs or products approved by the FDA for the complete or partial reversal of an opioid overdose. The bill would prohibit a health care service plan contract or health insurance policy that provides coverage for prescription drugs from imposing any cost-sharing requirements for that coverage exceeding $10 per package of medication, as specified, would require point-of-sale coverage for over-the-counter, FDA-approved naloxone hydrochloride or another FDA-approved drug or product for the complete or partial reversal of an opioid overdose at in-network pharmacies, and would prohibit a high deductible health plan from imposing cost sharing, as specified. The bill would repeal these provisions on January 1, 2030. Because a willful violation of these provisions 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 Office of Health Care Affordability within the Department of Health Care Access and Information to analyze the health care market for cost trends and drivers of spending, develop data-informed policies for lowering health care costs for consumers and purchasers, and create a state strategy for controlling the cost of health care. Existing law requires the office to collect data and other information it deems necessary from health care entities to carry out the functions of the office, and requires the office to require providers and physician organizations to submit audited financial reports or comprehensive financial statements, as specified. Existing law requires those reports and statements to be kept confidential, and specifies that they are not required to be disclosed under the California Public Records Act. Existing law requires the office to obtain information about health care service plans from the Department of Managed Health Care. Existing law requires a contract between a health care service plan and a risk-bearing organization to include provisions concerning the risk-bearing organization's administrative and financial capacity. Existing law requires the director of the Department of Managed Health Care to adopt regulations regarding, among other things, periodic reports from a health care service plan that include information concerning the risk-bearing organizations and the type and amount of financial risk they have assumed. Existing law establishes, within the office, the Health Care Affordability Board, composed of 8 members, appointed as prescribed. This bill, the Medical Group Financial Transparency Act, would authorize the disclosure of audited financial reports and comprehensive financial statements of providers and physician organizations collected by the Office of Health Care Affordability and financial and other records of risk-bearing organizations made available to the Department of Managed Health Care. This bill would authorize the board, members of the board, the office, the department, and the employees, contractors, and advisors of the office and the department to use confidential audited financial reports and comprehensive financial statements only as necessary to carry out functions of the office. The bill would also require certain physician organizations, as specified, to produce or disclose audited financial reports and comprehensive financial statements to the office, subject to these provisions. The bill would require the audited financial reports and comprehensive financial statements produced or disclosed to the office to be made available to the public, by the office, as specified. The bill would also make related findings and declarations.

Under existing law, the State Water Resources Control Board administers a water rights program pursuant to which the board grants permits and licenses to appropriate water. Existing law requires an application for a permit to appropriate water to include, among other things, sufficient information to demonstrate a reasonable likelihood that unappropriated water is available for the proposed appropriation. Existing law requires the board to issue and deliver a notice of an application as soon as practicable after the receipt of an application for a permit to appropriate water that conforms to the law. Existing law allows interested persons to file a written protest against the approval of an application to appropriate water and requires the protestant to set forth the objections to the approval of the application. Existing law declares that no hearing is necessary to issue a permit in connection with an unprotested application, or if the undisputed facts support the issuance of the permit and there is no disputed issue of material fact, unless the board elects to hold a hearing. This bill, if the board has not rendered a final determination on an application for a permit to appropriate water for a beneficial use or uses that include mining use within 30 years from the date the application was filed, would require the board to issue a new notice and provide an opportunity for protests before rendering a final determination, with specified exceptions.

Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, including comprehensive perinatal services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing law, a pregnant individual or targeted low-income child who is eligible for, and is receiving, health care coverage under any of specified Medi-Cal programs is eligible for full-scope Medi-Cal benefits for the duration of the pregnancy and for a period of one year following the last day of the individual's pregnancy. This bill, during the one-year postpregnancy eligibility period, and as part of comprehensive perinatal services under Medi-Cal, would require the department to cover additional comprehensive perinatal assessments and individualized care plans and to provide additional visits and units of services in an amount, duration, and scope that are at least proportional to those available on July 27, 2021, during pregnancy and the initial 60-day postpregnancy period in effect on that date. The bill would require the department, in coordination with the State Department of Public Health, to consider input from certain stakeholders, as specified, in determining the specific number of additional comprehensive perinatal assessments, individualized care plans, visits, and units of services to be covered. The bill would require the department to cover comprehensive perinatal services that are rendered by a nonlicensed perinatal health worker in a beneficiary's home or other community setting away from a medical site, as specified. The bill would also require the department to allow a nonlicensed perinatal health worker rendering those services to be supervised by a community-based organization (CBO) or a local health jurisdiction (LHJ) . For these purposes, the bill would require a CBO or LHJ supervising a nonlicensed perinatal health worker to provide those services under contract with a Comprehensive Perinatal Services Program provider. The bill would condition implementation of the provisions above on receipt of any necessary federal approvals and the availability of federal financial participation. The bill would authorize the department to implement these provisions by all-county letters or similar instructions until regulations are adopted.

Existing law, beginning January 1, 2025, prohibits the manufacture, sale, delivery, hold, or offer for sale in commerce of any cosmetic product that contains any intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) , as defined. Existing law similarly prohibits, commencing January 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously used, textile articles that contain regulated PFAS, except as specified, and requires a manufacturer to use the least toxic alternative when removing regulated PFAS in textile articles to comply with these provisions. This bill would prohibit, except as provided and commencing January 1, 2026, a public entity, including a charter city, charter county, city, or county, any public or private school serving pupils in kindergarten or any of grades 1 to 12, inclusive, a public institution of higher education, other than the University of California, or a private institution of higher education from purchasing or installing a covered surface containing regulated PFAS, as defined. Commencing January 1, 2026, the bill would prohibit a person or entity from manufacturing, distributing, selling, or offering for sale in the state any covered surface that contains regulated PFAS. The bill would provide that a violation of this prohibition is punishable by a specified civil penalty, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney. The bill would require a manufacturer of a covered surface to use the least toxic alternative when replacing regulated PFAS in a covered surface in accordance with these provisions. The hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous materials and hazardous waste. Existing law, known as the Green Chemistry Program, requires the department to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered as being chemicals of concern. Existing law provides that the Green Chemistry Program does not authorize the department to supersede the regulatory authority of any other department or agency or duplicate or adopt conflicting regulations for product categories already regulated or subject to pending regulation, as provided. The department's Safer Consumer Products Program implements the Green Chemistry Program pursuant to regulations adopted by the department known as the Safer Consumer Products Regulations. This bill would provide that if the Department of Toxic Substances Control adopts regulations pursuant to these provisions, as provided, that conflict with the above-described prohibitions concerning regulated PFAS, enforcement mechanisms, or requirements to replace regulated PFAS with the least toxic alternative, then those regulations adopted by the department shall prevail. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.