Asm. Jesse Gabriel

Existing law requires political advertisements to include specified disclosure statements that identify the name of the campaign committee paying for the advertisement and the top contributors, as defined, to that committee. Existing law requires a campaign committee that pays for the circulation of a state or local initiative, referendum, or recall petition to disclose its top contributors, as prescribed. Existing law establishes other requirements regarding the form, content, and presentation of initiative, referendum, and recall petitions. This bill would require an initiative, referendum, or recall petition to instruct voters to sign the petition only after viewing certain disclosures regarding the top contributors to the initiative, referendum, or recall, as specified. This bill would make additional changes to requirements regarding the form, content, and presentation of initiative, referendum, and recall petitions. This bill would make changes to the disclosure requirements for certain political advertisements to identify the top contributors to the campaign committee paying for the advertisement, including changes to the required form, content, and presentation of the disclosures depending on the medium in which the advertisement appears. Because political advertisements are regulated under the Political Reform Act of 1974, and a violation of the act is punishable as a misdemeanor, this bill would impose a state-mandated local program by expanding the definition of a crime. 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. 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.

Existing law requires a marketplace, as defined, to ensure that its terms and conditions regarding commercial relationships with marketplace sellers meet certain criteria, including that they are drafted in plain and intelligible language. This bill would, commencing July 1, 2023, require an online marketplace, as defined, to require a high-volume third-party seller on the online marketplace, not later than 10 days after qualifying as a high-volume third-party seller, to provide to the online marketplace specified information, including certain contact information and a bank account number or, if the seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the seller, as prescribed. The bill would require an online marketplace to suspend future sales activity of a high-volume third-party seller that is not in compliance with the provisions described in this paragraph, as specified. This bill would require the online marketplace to verify the information provided by the high-volume third-party seller pursuant to the provisions described above within 10 days and would require the online marketplace to verify within 10 days any changes to the information and to, at least annually, notify each high-volume third-party seller on the online marketplace that the seller must inform the online marketplace of any changes to the information, as provided. This bill would also require an online marketplace to, among other things, require a high-volume third-party seller with at least $20,000 of gross annual revenues from transactions with buyers in California through the online marketplace to provide, subject to certain exceptions, certain information, including the seller's physical address, to the online marketplace and to disclose the information to consumers in a clear and conspicuous manner in the order confirmation message, or other communication made to a consumer after a purchase is finalized, and in the consumer's account transaction history. The bill would require an online marketplace to suspend future sales activity of a high-volume third-party seller under certain circumstances, including that the high-volume third-party seller is not in compliance with the provisions described in this paragraph. This bill would require an online marketplace to comply with specified recordkeeping and security procedures with regard to the information required to comply with these provisions. The bill would subject a person or entity who violates the bill's provisions to a civil penalty not to exceed $10,000 for each violation, which may be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General.

Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for the work. Existing law requires a school of a school district or county office of education and a charter school to notify pupils and parents or guardians of pupils no less than twice during the school year on how to initiate access to available pupil mental health services on campus or in the community, or both, as provided. Existing law requires the State Department of Education to develop guidelines for the use of telehealth technology in public schools to provide mental health and behavioral health services to pupils on school campuses, as provided. This bill would require, on or before November 1, 2024, county offices of education, in consultation with the department and other relevant state and local agencies, to coordinate agreements between school districts and charter schools within the county to develop a system for rapidly deploying qualified mental health professionals and other key school personnel employed by individual school districts and charter schools throughout the county to areas of the county that experienced a natural disaster or other traumatic event, as provided. The bill would require county offices of education, in developing these agreements, to consider cost, criteria for a local educational agency to request the use of mental health professionals and other key school personnel, and reimbursements between local educational agencies and for travel expenses, as provided. This bill would require single school district county offices of education to enter into agreements with at least one other county office of education that they share a border with. The bill would also require county offices of education that share a county border with a single school district county office of education to consult with and enter into agreements with at least one single school district county office of education. By imposing new requirements on local educational agencies, 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, 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 federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance. A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, declares, among other things, that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the educational institutions of the state. Existing law requires the governing board or body of a postsecondary institution receiving state financial assistance to, among other things, adopt and publish on its internet website grievance procedures providing for the prompt and equitable resolution of sexual harassment complaints and publish on the institution's internet website the name, title, and contact information for the Title IX coordinator or other employee designated to coordinate the institution's efforts to comply with and carry out the responsibilities specified in this act and any individual official with the authority to investigate complaints or to institute corrective measures, as specified. Existing law requires the governing board of each community college district and the Trustees of the California State University, and requests the Regents of the University of California, to provide, as part of established campus orientations, certain educational and preventive information about sexual violence to students and to publish certain information on these topics on the institution's internet website, as specified. This bill would instead require each campus of the California Community Colleges and the California State University, and would request each campus of an independent institution of higher education, as defined, a private postsecondary educational institution, as defined, and the University of California, to post educational and preventive information on sexual violence and sexual harassment on its campus internet website, as specified. The bill would also revise and recast certain provisions related to this educational and preventive information to include both sexual violence and sexual harassment, as defined. This bill would, beginning on September 1, 2024, and each year thereafter, require the California Community Colleges, the California State University, independent institutions of higher education that receive state financial assistance, and private postsecondary educational institutions that receive state financial assistance, and would request the University of California, to annually train its students on sexual violence and sexual harassment and cover certain topics, including, among other topics, the differing rates at which students experience sexual harassment and sexual assault in the educational setting based on their race, sexual orientation, disability, gender, and gender identity, as specified. The bill would, beginning September 1, 2024, and each year thereafter, require students attending the California Community Colleges to complete their annual training within 6 months of the beginning of the academic year. By imposing new duties on community college districts, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law establishes the Office of Information Security within the Department of Technology for the purpose of ensuring the confidentiality, integrity, and availability of state systems and applications and to promote and protect privacy as part of the development and operations of state systems and applications to ensure the trust of the residents of this state. The law requires an entity within the executive branch that is under the direct authority of the Governor to implement the policies and procedures issued by the office. The law additionally authorizes the office to conduct, or require to be conducted, an independent security assessment of every state agency, department, or office, as specified. The law authorizes the Military Department to perform an independent security assessment of any state agency, department, or office. This bill would require state agencies not covered by the provisions described above to adopt and implement information security and privacy policies, standards, and procedures based upon standards issued by the National Institute of Standards and Technology and the Federal Information Processing Standards, as specified. The bill would require these state agencies to perform a comprehensive, independent security assessment every 2 years and would authorize them to contract with the Military Department, or with a qualified responsible vendor, for that purpose. This bill would require these state agencies to certify, by February 1 annually, to the President pro Tempore of the Senate and the Speaker of the Assembly that the agency is in compliance with all adopted policies, standards, and procedures and to include a plan of action and milestones, as specified. The bill would require that the certification be kept confidential and not be disclosed, except that the information and records would be allowed to be shared, maintaining a chain of custody, with the members of the Legislature and legislative employees, at the discretion of the President pro Tempore of the Senate or the Speaker of the Assembly. Because the required certification would be made under penalty of perjury, the bill would expand the crime of perjury and would thereby impose a state-mandated local program. 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 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 Department of Justice, which is responsible, in part, for overseeing statewide criminal justice programs, including the California Criminalistics Institute. This bill would require the department to establish an Office of Access to Justice by January 1, 2024, for the purpose of increasing the availability of meaningful access to justice for all Californians, as specified. The bill would require the office to promote access to justice for low-income and other underrepresented people in the California criminal and civil justice systems by, among other things, advising the Attorney General on access to justice issues and developing policy recommendations for the Attorney General, establishing a Legal Aid Interagency Roundtable, and identifying emerging legal issues among low-income Californians by communicating regularly with local legal aid organizations, community groups, divisions and bureaus within the department, and any other group or organization deemed appropriate or relevant by the office. This bill would authorize the office to provide analysis and input as necessary on issues related to civil legal aid and access justice for legislative proposals pending before the Legislature. The bill would require the office to prepare a report describing the office's activities and submit the report to the Legislature and post the report on the department's internet website by March 1, 2025, and annually thereafter, until April 1, 2028. The bill would require the office to cease all activities on January 1, 2029, and would require the department to prepare a report outlining the office's accomplishments and describing ways to improve access to justice and to submit the report to the Legislature and post the report on the department's internet website by April 1, 2030. The bill would repeal these provisions on January 1, 2031.

(1) Existing law, the Warren-911-Emergency Assistance Act, requires every local public agency, as defined, to have an emergency communication system and requires the digits "911" to be the primary emergency telephone number within the system. Existing law specifies provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. Existing law specifies that county mental health services should be organized to provide immediate response to individuals in precrisis and crisis and to members of the individual's support system on a 24-hour, 7-day-per-week basis and authorizes provision of crisis services offsite as mobile services. Existing federal law, the National Suicide Hotline Designation Act, designates the 3-digit telephone number "988" as the universal number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system operating through the 988 Suicide and Crisis Lifeline maintained by the Assistant Secretary for Mental Health and Substance Abuse and the Veterans Crisis Line maintained by the Secretary of Veterans Affairs. This bill would enact the Miles Hall Lifeline and Suicide Prevention Act. The bill would require the Office of Emergency Services to verify, no later than July 16, 2022, that technology that allows for transfers between 988 centers as well as between 988 centers and 911 public safety answering points, is available to 988 centers and 911 public safety answering points throughout the state. The bill would require, no later than 90 days after passage of the act, the office to appoint a 988 system director, among other things. The bill would require, no later than July 1, 2024, the office to verify interoperability between and across 911 and 988. The bill would require the office to consult with specified entities on any technology requirements for 988 centers. This bill would require the California Health and Human Services Agency to create, no later than December 31, 2023, a set of recommendations to support a 5-year implementation plan for a comprehensive 988 system. The bill would require that agency to convene a state 988 advisory group, as described, for purposes of advising the agency on the set of recommendations. The bill would require the agency to report annually, on or before December 31, beginning December 31, 2024, and until December 31, 2029, to the Legislature on the status of 988 implementation in the state, as described. The Administrative Procedure Act generally governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. The bill would provide that regulations and other similar instruments made pursuant to these provisions by the Office of Emergency Services and the California Health and Human Services Agency are not subject to the rulemaking provisions of the Administrative Procedure Act. (2) 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 also provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan contract or disability insurance policy issued, amended, or renewed on or after January 1, 2021, to provide coverage for medically necessary treatment of mental health and substance use disorders, as defined, under the same terms and conditions applied to other medical conditions. This bill would require health care service plans and insurers to cover medically necessary treatment of a mental health or substance use disorder, including behavioral health crisis services, provided by a 988 center or mobile crisis team, regardless of whether the service is provided by an in-network or out-of-network provider, at the in-network cost-sharing amount, as defined. By creating a new crime under the Knox-Keene Act, this bill would impose a state-mandated local program. (3) Existing law, the Emergency Telephone Users Surcharges Act, generally imposes a surcharge on each access line for each month or part thereof for which a service user subscribes with a service supplier, at an amount no greater than $0.80, based on the Office of Emergency Services' estimate of the number of access lines to which the surcharge will be applied per month for a calendar year period that it estimates, pursuant to a specified formula, will produce sufficient revenue to fund the current fiscal year's 911 costs. Existing law imposes a surcharge on the purchase of prepaid mobile telephony services at the time of each retail transaction in this state, at the rate equal to the monthly surcharge amount per access line, to be paid by prepaid consumers and collected by sellers, as defined. Existing law exempts certain lines from the surcharge, including lines supplying lifeline service. Existing law requires the surcharge to be remitted to, and administered by, the California Department of Tax and Fee Administration, in accordance with specified provisions. Existing law makes certain violations of the Emergency Telephone Users Surcharge Act a crime. Existing law requires amounts to be paid to the state pursuant to the Emergency Telephone Users Surcharge Act to be deposited into the State Emergency Telephone Number Account and that the amounts deposited, upon appropriation by the Legislature, be spent solely for specified purposes, including payment for the installation of, and ongoing expenses for, a basic system. This bill would create a separate surcharge, beginning January 1, 2023, on each access line for each month or part thereof for which a service user subscribes with a service supplier. The bill would set the 988 surcharge for the 2023 and 2024 calendar years at $0.08 per access line per month and, for years beginning January 1, 2025, at an amount based on a specified formula, but no greater than $0.30 per access line per month. This bill would make applicable relevant provisions of the Emergency Telephone Users Surcharge Act to the 988 surcharge, as provided, including existing surcharge exemptions. The bill would authorize the 911 and 988 surcharges to be combined into a single-line item, as described. The bill would provide for specified costs to be paid by the fees prior to distribution to the Office of Emergency Services. The bill would make conforming changes in regard to the 988 surcharge. This bill would create the 988 State Suicide and Behavioral Health Crisis Services Fund and would require the fees to be deposited along with other specified moneys into the fund. The bill would provide that the funds be used, upon appropriation by the Legislature, for specified purposes and in accordance with specified priorities. The bill would require the Office of Emergency Services to require an entity seeking moneys available through the fund to annually file an expenditure and outcomes report containing specified information. (4) This bill would appropriate $300,000 from the General Fund to the 988 State Suicide and Behavioral Health Crisis Services Fund for expenditure by the California Department of Tax and Fee Administration in the 2022–23 fiscal year for purposes of implementing the amendments to the Emergency Telephone Users Surcharge Act. (5) This bill would incorporate additional changes to Section 41100 of the Revenue and Taxation Code proposed by SB 1496 to be operative only if this bill and SB 1496 are enacted and this bill is enacted last. (6) By expanding the scope of crimes imposed by the Emergency Telephone Users Surcharge Act, 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. (7) This bill would declare that it is to take effect immediately as an urgency statute.

Existing law designates specific days as holidays in this state. Existing law requires the Governor annually to proclaim the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, as the "Lunar New Year." Existing law entitles state employees, with specified exceptions, to elect to receive 8 hours of holiday credit for "Native American Day," in lieu of receiving 8 hours of personal holiday credit, and to elect to use 8 hours of vacation, annual leave, or compensating time off, consistent with departmental operational needs and collective bargaining agreements, for "Native American Day," as specified. This bill would repeal provisions requiring the Governor to annually proclaim the "Lunar New Year," and would instead recognize the "Lunar New Year" as a state holiday. The bill would authorize state employees, with specified exceptions, to elect to receive 8 hours of holiday credit for the "Lunar New Year" in lieu of receiving 8 hours of personal holiday credit, and to elect to use 8 hours of vacation, annual leave, or compensating time off, consistent with departmental operational needs and collective bargaining agreements, for "Lunar New Year," as specified. Existing law designates specific days designated as holidays in this state, every Saturday and the day after Thanksgiving Day as judicial holidays, except "Admission Day," "Columbus Day," and any other day appointed by the President, but not by the Governor, for a public fast, thanksgiving, or holiday. This bill would additionally exclude "Lunar New Year" from designation as a judicial holiday. This bill would incorporate additional changes to Section 135 of the Code of Civil Procedure proposed by AB 1801 to be operative only if this bill and AB 1801 are enacted and this bill is enacted last. This bill would incorporate additional changes to Sections 6700, 19853, and 19853.1 of the Government Code proposed by AB 1655 and AB 1801 to be operative only if this bill and AB 1655, AB 1801, or both are enacted and this bill is enacted last.

Existing law, the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975, grants agricultural employees the right to form and join labor organizations and engage in collective bargaining with respect to wages, terms of employment, and other employment conditions, and authorizes employees to elect exclusive bargaining representatives for these purposes. Existing law creates the Agricultural Labor Relations Board and prescribes its composition, duties, and powers. Existing law authorizes the board to hold hearings and conduct investigations and requires that certain procedures be the exclusive method of redressing unfair labor practices. Under existing law, any person who willfully resists, prevents, or interferes with a member of the board or its agents or agencies in the performance of their duties is guilty of a misdemeanor. Existing law requires the board to certify the results of an election conducted by secret ballot of employees in a collective bargaining unit to designate a collective bargaining representative, unless the board determines there are sufficient grounds to refuse to do so. Existing law further provides that if the board refuses to certify an election because of employer misconduct that would render slight the chances of a new election reflecting the free and fair choice of employees, the labor organization shall be certified as the bargaining representative for the bargaining unit. This bill would refer to the election by secret ballot process as a polling place election. The bill would establish alternative procedures to the polling place election and authorize a labor organization to be certified as the exclusive bargaining representative of a bargaining unit through either a labor peace election or a non-labor peace election, as prescribed, dependent on whether an employer enrolls and agrees to a labor peace election for labor organization representation campaigns. The bill would provide that a labor peace election or a non-labor peace election permits a bargaining unit to summarily select a labor organization as its representative for collective bargaining purposes without using the existing polling place process. Under the bill, a labor peace election would be a mail ballot election and a non-labor peace election would establish a process for the submission of a petition with proof of majority support, subject to certification by the board. Among other provisions, the bill would require for both alternative procedures that an employer respond to the board with regard to a petition, including providing a specified list of employees to the board. By expanding the definition of a crime, this bill would impose a state-mandated local program. This bill would establish a schedule for agricultural employers to indicate to the board whether they agree to a labor peace compact, defined to mean an agreement by the employer to, among other things, make no statements for or against union representation to its employees or publicly, in any written or oral form, at any time during employee hire, rehire, or orientation, or after certain documents regarding organization are filed with the board. The bill would prohibit a labor peace compact from prohibiting an employer from communicating truthful statements to employees regarding workplace policies or benefits, as specified. The bill would require the board to develop an online web-based labor peace election process that will allow employers to indicate their labor peace choice online, and that will allow labor organizations to see whether a specific agricultural employer has agreed to a labor peace election campaign. This bill would repeal the above provisions on January 1, 2028. This bill would prescribe civil penalties to be imposed upon an agricultural employer who commits an unfair labor practice in an amount not to exceed $10,000 for each violation, and would increase that sum to an amount not to exceed $25,000 for specified violations. The bill would require the board to consider specified factors in determining the amount of a civil penalty pursuant to these provisions. The bill would also authorize the board to impose personal liability for these penalties upon a director or officer of an employer in certain circumstances. Existing law authorizes a person aggrieved by the final order of the board granting or denying in whole or in part the relief sought for an unfair labor practice, to obtain a review of the order in a specified court of appeal by filing in the court a written petition requesting that the order of the board be modified or set aside. This bill would require an employer who appeals or petitions for a writ of review of any order of the board involving make-whole, backpay, or other monetary awards to employees, to post an appeal bond in the amount of the entire economic value of the order, as specified, and would provide for the bond to be forfeited under specified conditions. This bill would state that its provisions are severable. 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.

The Personal Income Tax Law and the Corporation Tax Law, in conformity with federal income tax law, generally defines "gross income" as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income. Existing law provides an exclusion from gross income for any amount received as a rebate or voucher from a local water or energy agency or supplier for the purchase or installation of a water conservation water closet, energy efficient clothes washers, and plumbing devices, as specified. This bill would, for taxable years beginning on or after January 1, 2022, and before January 1, 2027, under both of these laws, provide an exclusion from gross income for any amount received as a rebate, voucher, or other financial incentive issued by a public water system, as defined, local government, or state agency for participation in a turf replacement water conservation program. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure, and would require the Department of Finance to include an analysis of these expenditures in its annual tax expenditure report provided to the Legislature. This bill would take effect immediately as a tax levy.