The Optometry Practice Act provides for the licensure and regulation of the practice of optometry by the State Board of Optometry. The act prohibits engaging in the practice of optometry without an optometrist license from the board. The act establishes the scope of practice for licensed optometrists. The act provides for the certification to use therapeutic pharmaceutical agents (TPA certification) and authorizes a TPA-certified optometrist to perform certain procedures and to administer prescribed immunizations, subject to certain immunization certification requirements, including having applied for an immunization certificate on a board-approved form. Existing law specifies that a violation of the act is a misdemeanor punishable by fine or imprisonment, as provided. The act also authorizes the board to take action against all persons guilty of violating the act or regulations of the board. This bill would expand the authorization for a TPA-certified optometrist to perform procedures to include a clinical laboratory test or examination classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) necessary to detect the presence of SARS-CoV-2. The bill would establish the substance of an application form for the immunization certification and expand the certificate to cover the administration of immunizations for SARS-CoV-2. Under the bill, the form would include required declarations under penalty of perjury, thereby imposing a state-mandated local program by expanding the crime of perjury. The bill would establish an application fee for the immunization certification. 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. This bill, contingent upon the enactment of AB 407, as prescribed, in lieu of the above SARS-CoV-2 testing provisions, would instead enact a version of Section 3041 of the Business and Professions Code incorporating both (1) similar SARS-CoV-2 testing provisions and (2) the changes to that section proposed in AB 407, relating to the scope of practice of optometry, including the revision of existing provisions and new authorizations regarding the use or prescription of therapeutic pharmaceutical agents and the administration of immunizations, as specified, to become operative only if this bill and AB 407 are enacted. This bill would declare that it is to take effect immediately as an urgency statute.
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The California Public Records Act requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. This bill would recodify and reorganize the provisions of the act. The bill would include provisions to govern the effect of recodification and state that the bill is intended to be entirely nonsubstantive in effect. The bill would contain related legislative findings and declarations. The bill would become operative on January 1, 2023. This bill would incorporate additional changes proposed by AB 386, AB 562, and SB 823 to be operative only if this bill and AB 386, AB 562, and SB 823 are enacted and this bill is enacted last.
The California Public Records Act requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. This bill would enact various conforming and technical changes related to another bill, AB 473, which recodifies and reorganizes the California Public Records Act. This bill would only become operative if AB 473 is enacted and reorganizes and makes other nonsubstantive changes to the California Public Records Act that become operative on January 1, 2023. The bill would also specify that any other bill enacted by the Legislature during the 2021 calendar year that takes effect on or before January 1, 2022, and that affects a provision of this bill shall prevail over this act, except as specified.
Existing law, the California Consumer Privacy Act of 2018, authorizes a consumer whose nonencrypted and nonredacted personal information, as defined, is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of a business' violation of the duty to implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information may institute a civil action, as specified. This bill would make it unlawful for a person to sell data, or sell access to data, that the person has obtained or accessed pursuant to the commission of a crime and would also make it unlawful for a person, who is not an authorized person, as defined, to purchase or use data from a source that the person knows or reasonably should know has obtained or accessed that data through the commission of a crime.
Existing law charges the chief of the Office of Information Security with establishment of an information security program implemented by state entities, and authorizes the office to conduct an independent security assessment of every state agency, department, or office. Existing law also authorizes the Military Department to perform an independent security assessment of any state agency, department, or office, the cost of which is required to be funded by that state agency, department, or office. Existing law requires the Office of Emergency Services to establish and lead the California Cybersecurity Integration Center which serves as the central organizing hub of state government's cybersecurity activities and coordinates information sharing with agencies, service providers, and other organizations. This bill would authorize the Military Department, at the request of a local educational agency, and in consultation with the California Cybersecurity Integration Center, to perform an independent security assessment of the local educational agency, or an individual schoolsite under its jurisdiction, the cost of which to be funded by the local educational agency, as specified. 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.
Existing law requires a school district, county office of education, or charter school to ensure that a grade 12 pupil who has not opted out, as specified, completes and submits a Free Application for Federal Student Aid or, if the pupil is exempt from paying nonresident tuition under existing law, completes and submits a form for purposes of the California Dream Act. Existing law requires the Student Aid Commission, on or before July 1, 2022, to adopt regulations that include, but are not limited to, model opt-out forms and acceptable use policies for the purpose of providing guidance on applicable state laws. Existing law requires the school district, county office of education, or charter school to exempt a pupil or the pupil's parent or legal guardian from completing a form if the local educational agency determines the pupil is unable to complete the form, and prohibits a pupil's ability to graduate from being affected by a pupil's failure to fill out a form. This bill would require, on or before September 1, 2022, and each year thereafter, the commission and the State Department of Education to facilitate the completion of the Free Application for Federal Student Aid and the form established for purposes of the California Dream Act, by requiring the department to share the current school year's roster of pupils with the commission, and requiring the commission to match data on pupil completion of financial aid forms, as specified.
Existing law designates state holidays, including, among others, the 4th Friday in September, known as "Native American Day," and the 2nd Monday in October, known as "Columbus Day." Existing law adopts those state holidays as judicial holidays, with certain exceptions, including Native American Day. This bill would remove Native American Day from the list of holidays that are excluded from designation as a judicial holiday. The bill would add Columbus Day to the list of excluded judicial holidays.
Existing law establishes in the State Treasury the Good Neighbor Authority Fund, to be administered by the Department of Forestry and Fire Protection under the direction of the Secretary of the Natural Resources Agency. Existing law makes the moneys in the fund available for expenditure, upon appropriation by the Legislature, as authorized by specified federal law, and to the extent not in conflict with federal law or agreements, for state departments or agencies to undertake forest health and fuels reduction projects on federal lands executed through these agreements, and to fund costs associated with planning, implementing, and maintaining these projects, including administrative and operational costs. This bill would reorganize the law relating to the fund. The bill would require the Secretary of the Natural Resources Agency, under an agreement between the state and the federal government, to establish a program for purposes of conducting ecological restoration and fire resiliency projects on national forest lands, with priority given to forest restoration and fuels reduction projects that are landscape scale and are focused on ecological restoration and to community fire protection and protection of water and other infrastructure. The bill would require projects to be based on the best available science and emphasize the use of prescribed fire where appropriate. The bill would require projects with multiple benefits to be prioritized, as applicable and feasible. The bill would require projects to be designed, to the extent feasible, to prevent type conversion and the spread of invasive plants and grasses, provide for ecological restoration and fire resiliency projects appropriate to the landscape and vegetation being treated based upon the best available science, and provide ecologically appropriate treatment to native shrublands, as provided.
Existing law establishes the University of California as a public trust under the administration of the Regents of the University of California. The University of California provides instruction and performs research at the 10 campuses it operates and maintains in Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz. This bill would, subject to the availability of private funds, authorize the Regents of the University of California to establish the California-China Climate Institute, as specified, and in partnership with the Institute of Climate Change and Sustainable Development at Tsinghua University and other entities and institutions in China and California. The bill would require the institute to foster collaboration to inform and shape climate policy and advance the goals of the Paris Agreement, advance joint policy research on major climate issues, support high-level dialogue on specific climate issues, and provide training to specified entities to advance climate and environmental policies. The bill would require the institute to work closely with University of California campuses, departments, and leaders, and would authorize the institute to receive guidance and support from experts and state entities.
Existing law establishes various crimes relating to computer services and systems, including, among others, knowingly and without permission accessing or causing to be accessed any computer, computer system, or computer network. Existing law requires that prosecution for a felony violation of these crimes be commenced within 3 years after the commission of the offense. This bill would instead require the prosecution for a felony violation of those computer-related crimes to be commenced within 3 years after discovery of the commission of the offense, or within 3 years after the offense could have reasonably been discovered, and would require the filing of a criminal complaint within 6 years of the commission of the offense. The bill would apply that 3-year statute of limitations to crimes that are committed on or after January 1, 2022, and to crimes for which the statute of limitations that was in effect prior to January 1, 2022, has not run as of January 1, 2022.