Asm. Blanca Rubio

Existing law defines specified behavior as disorderly conduct and prohibits that behavior. Under existing law, disorderly conduct includes, among other things, soliciting prostitution, prowling, peeping, surreptitious photographing or filming of an identifiable person, and the distribution of certain images of another person taken under circumstances in which the person understands that the image shall remain private, the distribution of which causes serious emotional distress. This bill would add to the definition of disorderly conduct the distribution of those images recorded, captured, or otherwise obtained without the authorization of the person depicted or by exceeding authorized access from the property, accounts, messages, files, or resources of the person depicted. Because the bill would expand the scope of a crime, it would establish 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.

(1) Existing law establishes a system of elementary and secondary education in this state. This system consists of the public and private schools that provide instruction in kindergarten and in grades 1 to 12, inclusive. Existing law establishes a system of higher education in this state, consisting of 4 segments: the University of California, under the administration of the Regents of the University of California; the California State University, under the administration of the Trustees of the California State University; the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges; and independent institutions of higher education. This bill would enact the Education Savings Account Act of 2024 and establish the Education Savings Account (ESA) Trust, to be known as the ESA Trust, as a fund within the State Treasury to be administered by the ESA Trust Board. During the first 4 school years following the operative date of the act, the bill would authorize certain children eligible to be enrolled in kindergarten, or in an elementary or secondary school, in any of grades 1 to 12, inclusive, to establish an ESA, based on parent or guardian income. The bill would remove these income eligibility limits after 4 school years following the operative date of the act, thereby entitling every child eligible to be enrolled in kindergarten, or in an elementary or secondary school, in any of grades 1 to 12, inclusive, to establish an ESA. The bill would specify that every child enrolled in an eligible school shall be entitled, pursuant to this act, to a credit to the child's account for tuition, elementary and secondary eligible education expenses, and undergraduate or graduate eligible education expenses, as defined. Commencing with the first fiscal year following the operative date of the act, the bill would require the Department of Finance to determine, on July 1 of each year, the annual ESA deposit amount for the upcoming school year. The bill would specify the procedure for calculating the ESA deposit amount and would require the Controller to transfer an amount of money from the General Fund to the ESA Trust equal to the ESA deposit amount multiplied by the number of ESAs established, as provided. The bill would require the ESA Trust Board to be composed of specified members and would vest the ESA Trust Board with certain powers and duties. The bill would establish 2 accounts within the ESA Trust, the ESA Trust Program Account and the ESA Trust Administrative Account, and would continuously appropriate the moneys in the program account to the ESA Trust Board for purposes of the bill, thereby making an appropriation. The bill would require the Superintendent of Public Instruction to establish a procedure for the parents and legal guardians of eligible students to apply to establish an ESA and submit an executed participation agreement. The bill would authorize the ESA Trust Board to disburse funds from ESAs to eligible schools. The bill would define "eligible school" as a campus of the California Community Colleges, the California State University, and the University of California, a full-time private school, a private college or university, a public college or university, or a vocational educational or training institution, as specified. The bill would specify the procedures for participating eligible schools to receive funds disbursed by the ESA Trust Board. Once an eligible student graduates from high school or obtains a high school equivalency certification, the bill would impose a $60,000 cap on the balance in any ESA available for an eligible student's use for tuition, undergraduate or graduate eligible education expenses, or expenses associated with vocational education. The bill would require the Department of Finance to adjust this limit annually for inflation using the California Consumer Price Index. (2) The Classroom Instructional Improvement and Accountability Act, an initiative approved by the voters as Proposition 98 at the November 8, 1988, statewide general election, amended the California Constitution to, among other things, set forth a formula for computing the minimum amount of revenues that the state is required to appropriate for the support of school districts and community college districts based on one of 3 tests in any given fiscal year, one of which is based on the percentage of General Fund revenues appropriated for school districts and community college districts, respectively, in the 1986–87 fiscal year, and 2 of which are based on, among other things, changes in enrollment. This bill would require the Legislature to recalculate that minimum education funding guarantee by including eligible students not enrolled in a public elementary or secondary school before the operative date of the act in those minimum funding guarantee calculations based on average daily attendance, as provided. The bill would also require the costs of providing ESA deposit amounts for eligible students to be apportioned between the General Fund and the public school district in which those eligible students reside in the same ratio of General Fund and local property tax revenue that would have been used to educate those eligible students in their public school district. (3) The Personal Income Tax Law, in modified conformity with federal law, generally defines "gross income" as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income for purposes of computing tax liability. This bill would, for taxable years beginning on or after January 1, 2025, exclude from gross income any amounts received as distribution from an ESA, as defined, as part of a participation agreement. Existing law requires a bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives 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. (4) These provisions would become operative on January 1, 2025, only if Senate Constitutional Amendment 5 of the 2023–24 Regular Session is approved by the voters at the statewide general election on November 5, 2024.

Existing law sets forth the minimum requirements for a services credential with a specialization in health. Existing law authorizes the holder of a services credential with a specialization in health to perform, at all grade levels, health services approved by the Commission on Teacher Credentialing. Existing law specifies that services as an occupational therapist or physical therapist are not health services for this purpose. This bill would delete the provision specifying that services as an occupational therapist or physical therapist are not health services for purposes of a services credential with a specialization in health. This bill would require the commission, until January 1, 2029, to issue a services credential with a specialization in health to an appropriately licensed occupational therapist or physical therapist who meets certain requirements and would authorize, but would not require, an occupational therapist or a physical therapist to apply for a services credential with a specialization in health, as provided. The bill would require the commission to provide a report to the appropriate policy and fiscal committees of the Legislature by January 1, 2028, on the number of service credentials issued pursuant to these provisions with a specialization in health authorizing service in occupational therapy or physical therapy, as specified. The bill would also make various nonsubstantive changes.

Existing law, including statutory law and wage orders issued by the Industrial Welfare Commission, with certain exceptions, requires an employer to provide employees with rest breaks during working hours, as specified. Existing law requires that employees be relieved of all duties during rest periods. Existing law requires the employer to pay the employee one additional hour of pay at the employee's regular rate of compensation for each workday that a meal or rest or recovery period is not provided. This bill would exempt from the requirement that an employee be relieved of all duties an employee providing direct support to an individual with an intellectual or developmental disability in an integrated community setting, under prescribed circumstances. The bill would require, if a nonexempt employee is affirmatively required to interrupt their rest period to respond to the needs of a consumer, that another rest period be authorized and permitted reasonably promptly after the circumstances that led to the interruption have passed. The bill would require the employer, if circumstances do not allow the employee to take a rest period, to pay the employee one hour of pay at the employee's regular rate of pay for the rest period that was not provided. This bill would make related legislative findings and declarations, and would express the intent of the Legislature to enact legislation to permit direct support staff providing services and supports in community settings to maintain general supervision of their consumers during rest periods, as specified.

Existing law directs the Commission on Peace Officer Standards and Training to establish training and guidelines for law enforcement officers, as defined, in the handling of domestic violence complaints, such as how to respond to domestic violence incidents, the legal duties imposed on law enforcement officers to make arrests and offer assistance, and techniques to promote the safety of the victim, as specified. Existing law requires law enforcement agencies to develop and implement written policies for officer responses to domestic violence incidents, including furnishing written notice to victims at the scene in the form of a Victims of Domestic Violence card that contains, among other information, telephone numbers for local hotlines, shelters, and counseling centers. This bill would add the issuance of Victims of Domestic Violence cards as a topic in the course of instruction for the training of law enforcement officers. This bill would additionally require the Victims of Domestic Violence card to be a different color than other cards issued by officers, to include a disclaimer, to be available in languages other than English, and to include various information such as the definition of domestic violence and the statute of limitations for domestic violence. This bill would make these changes operative on January 1, 2025. Because this bill would expand an existing local program, it would impose a state-mandated local program. Existing law establishes the Office of Emergency Services and makes it responsible for providing assistance such as financial, technical, and educational support, as specified, on the topic of domestic violence to local entities including domestic violence support centers and law enforcement. This bill, commencing January 1, 2025, would require the office to develop a model Victims of Domestic Violence card that can be modified by cities and counties. The bill would also require the office to publish on an internet website maintained by the office specified information and resources to assist victims of domestic violence, including, among other things, a summary of state mandatory arrest policies for domestic violence crimes. 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, the California Fair Employment and Housing Act, establishes in the Business, Consumer Services, and Housing Agency the Civil Rights Department, headed by the Director of Civil Rights, to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or military and veteran status. This bill would establish within the department the Labor Trafficking Unit, which would be required to coordinate with the Labor Enforcement Task Force, the Criminal Investigation Unit, the Department of Justice, and the Division of Labor Standards Enforcement within the Department of Industrial Relations to combat labor trafficking. The bill would require the unit to receive and investigate complaints alleging labor trafficking and take steps to prevent labor trafficking. The bill would require the unit to coordinate with or refer cases to the Labor Enforcement Task Force or the department for potential civil actions, and to coordinate with or refer cases to the Department of Justice for potential criminal actions. The bill would require the unit to follow protocols to ensure survivors of labor trafficking are not victimized by the process of prosecuting traffickers and are informed of the services available to them. The bill would require the unit to coordinate with both state and local agencies to connect survivors with available services. The bill would require the unit to provide specified services to victims, including providing a list of pro bono victim's rights attorneys to survivors. The bill would require the Division of Occupational Safety and Health within the Department of Industrial Relations to notify the unit when, upon investigating businesses under their purview, there is evidence of labor trafficking. The bill would require the unit, beginning January 1, 2025, until January 1, 2035, to annually submit a report to the Legislature with specified information relating to labor trafficking complaints, including the number, types, and outcomes of complaints.

(1) Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law. This bill would refine the definition of shoplifting and would specifically exclude certain offenses from prosecution as shoplifting, including, among others, the theft of a firearm or vehicle, identity theft, and credit card fraud. (2) Existing law requires, except as excluded, the theft of any property valued below $950 to be charged as petty theft, a misdemeanor. This bill would similarly exclude certain offenses from this provision, including, among others, the theft of a vehicle, identity theft, and credit card fraud. (3) Existing law provides that a person with a prior conviction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value. This bill would require a person convicted of petty theft or shoplifting, if the person has 2 or more prior convictions for specified theft-related offenses, to be punished by imprisonment in the county jail for up to one year, or for 16 months, or 2 or 3 years. (4) Existing law, until January 1, 2026, authorizes a city or county prosecuting authority or county probation department to create a diversion or deferred entry of judgment program pursuant to this section for persons who commit a theft offense or repeat theft offenses, as specified. This bill would authorize a city or county prosecuting authority or county probation department to create a diversion program for persons who commit theft or repeat theft offenses, as specified. (5) This bill would provide that the provisions of the bill that amend Proposition 47 would become effective only upon approval of the voters, and would provide for the submission of those provisions to the voters for approval at the next statewide general election.

Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST) . Existing law requires POST to require field training officers who are instructors for the field training program to have at least 8 hours of crisis intervention behavioral health training to better train new peace officers on how to effectively interact with persons with mental illness or intellectual disability. This bill would require the commission to revise that training to include instruction on how to effectively interact with persons with Alzheimer's disease or dementia. The bill would specify that a field training officer who completed the training prior to January 1, 2025, or who is exempt from completing the training, is not required to take the updated training, but would require a field training officer who has not completed the training on or after January 1, 2025, or who is not exempt from completing the training, to complete the revised training. The bill would exempt jurisdictions that, prior to January 1, 2024, develop a training that meets the same requirements. This bill would also require the commission, upon the next regularly scheduled review of a training module relating to persons with disabilities, to create and distribute electronically a course on how to recognize and interact with persons with Alzheimer's disease and dementia. The bill would require peace officers appointed on or before July 1, 2029, to complete that course by January 1, 2030, and peace officers appointed after July 1, 2029, to complete that course within 180 days of being appointed, as specified. The bill would exempt jurisdictions that, prior to January 1, 2024, develop a training that meets the same requirements. By creating new duties for local officials, 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 establishes the federal Old-Age, Survivors, and Disability Insurance (OASDI) program to provide monthly benefits to qualified retired and disabled workers and their spouses, dependents, and survivors. Existing federal law provides various benefits to veterans, their dependents, and their survivors administered by the United States Department of Veterans Affairs (USDVA) . This bill would require the Department of Child Support Services to issue guidance to local child support agencies directing them to, and would require local child support agencies to, inform a custodial parent or guardian of benefits under the federal OASDI program and benefits provided to survivors of veterans by the USDVA when the local child support agency becomes aware that a child's noncustodial parent has died and the local child support agency has information that suggests that the child may be eligible for either of those programs. The bill would similarly require the State Department of Social Services and the State Department of Health Care Services to jointly issue guidance to county human services agencies directing them to, and would require county human services agencies to, inform a parent or guardian of benefits under the federal OASDI program and benefits provided to survivors of veterans by the USDVA when the county becomes aware that a child's parent has died and the county has information that suggests that the child may be eligible for either of those programs. By imposing new duties on local agencies, the bill would impose a state-mandated local program. The bill would require the State Department of Social Services to submit a report to the Legislature that includes information on the requirements and cost to establish a state-funded program to provide cash assistance to a child with a deceased parent who is not eligible for survivor benefits under the federal OASDI program and how many children in California would be eligible for that state-funded program. This bill would, subject to an appropriation by the Legislature or a provision of federal or private funds for these purposes, require the State Department of Social Services to establish and oversee the California Survivor Benefit (CalSurvivor) Program, a county- or county consortia-administered program to provide cash assistance for a minor who is a California resident with a deceased parent, who was also a California resident upon their death, when the minor is not eligible for federal OASDI survivor benefits, as specified. The bill would authorize the department to authorize counties to establish an advocacy program to assist specified applicants and recipients of CalSurvivor benefits in the application process for federal OASDI survivor benefits if they do not meet certain verification requirements of the program. The bill would require participating counties, as part of the advocacy program, to inform the applicant of the potential impact of receiving benefits under the CalSurvivor Program on their eligibility for other assistance programs. The bill would require the department to report to the Legislature, by July 1, 2027, on the outcomes of the CalSurvivor Program and the advocacy programs. The bill would authorize the department to implement these provisions though all-county letters or similar instructions or emergency regulations. By requiring counties to administer the CalSurvivor Program, 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 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. Existing law requires the department to establish the Medically Tailored Meals Pilot Program and the Short-Term Medically Tailored Meals Intervention Services Program, to operate in specified counties and during limited periods for the purpose of providing medically tailored meal intervention services to eligible Medi-Cal beneficiaries with certain health conditions, including congestive heart failure, cancer, diabetes, chronic obstructive pulmonary disease, or renal disease. Existing law, subject to implementation of the California Advancing and Innovating Medi-Cal (CalAIM) initiative, authorizes a Medi-Cal managed care plan to elect to cover community supports approved by the department as cost effective and medically appropriate in a comprehensive risk contract that are in lieu of applicable Medi-Cal state plan services. Under existing law, community supports that the department is authorized to approve include, among other things, medically supportive food and nutrition services, including medically tailored meals. This bill would make medically supportive food and nutrition interventions, as defined, a covered benefit under the Medi-Cal program, upon issuance of final guidance by the department. The bill would require medically supportive food and nutrition interventions to be covered when determined to be medically necessary by a health care provider or health care plan, as specified. In order to qualify for coverage under the Medi-Cal program, the bill would require a patient to be offered at least 3 of 6 specified medically supportive food and nutrition interventions and for the interventions to be provided for a minimum duration of 12 weeks, as specified. The bill would only provide coverage for nutrition support interventions when paired with the provision of food through one of the 3 offered interventions. The bill would require a health care provider to match the acuity of a patient's condition to the intensity and duration of the medically supportive food and nutrition intervention and include culturally appropriate foods whenever possible. The bill would establish a medically supportive food and nutrition benefit advisory workgroup to advise the department in developing final guidance related to eligible populations, the duration and dosage of medically supportive food and nutrition interventions, the ratesetting process, determination of permitted providers, and continuing education for health care providers, as specified. The bill would require the workgroup to include certain stakeholders knowledgeable in medically supportive food and nutrition interventions and stakeholders from Medi-Cal consumer advocacy organizations. The bill would require the workgroup to meet at least quarterly and would require the department to issue final guidance on or before July 1, 2026. The bill would also include findings and declarations of the Legislature relating to the need for medically supportive food and nutrition intervention coverage under the Medi-Cal program.