Existing law establishes the Public Employment Relations Board (PERB) in state government for the purpose of resolving disputes and enforcing the statutory duties and rights of specified public employers and employees under various acts regulating collective bargaining, including the Meyers-Milias-Brown Act. Under existing law, PERB has the power and duty to investigate an unfair practice charge and to determine whether the charge is justified and the appropriate remedy for the unfair practice. This bill would enact the Public Employee Health Protection Act, which would make it an unfair practice for a covered employer, as defined, to fail or refuse to maintain or pay for continued health care or other medical coverage for an enrolled employee or their enrolled dependents, for the duration of the enrolled employee's participation in the authorized strike, at the level and under the conditions that coverage would have been provided if the employee had continued to work in their position for the duration of the strike. The act would also make it an unfair practice for a covered employer to fail to collect and remit the employee's contributions, if any, to this coverage, or to maintain any policy purporting to authorize an action prohibited by this provision or otherwise threaten an employee or their dependents' continued access to health or medical care during or as a result of the employee's participation in a strike. The act would require the restoration of health or other medical care premiums, contributions, or out-of-pocket expenses actually paid by the employee or their dependents as a result of the employer's violation of this provision, or because the employer failed to ensure continued coverage during a strike, and would require other equitable adjustments to ensure that the employee and their dependents are made whole, as specified. The act would define "covered employer" to include any public employer, as specified, that offers health care or other medical coverage for nonoccupational injuries or illness to its employees. The act would grant PERB jurisdiction over any violation of these provisions as an unfair practice, with specified enforcement powers and duties, including adjudication of claims and would state that its provisions are declaratory of, and clarify, existing law, as specified. By requiring unfair practice claims against local public employers to be adjudicated before PERB, 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.
Sponsored bills
Existing law requires, during the next revision of the publication "Health Framework for California Public Schools," the Instructional Quality Commission to consider developing, and recommending for adoption by the State Board of Education, a distinct category on mental health instruction to educate pupils about all aspects of mental health. Existing law requires mental health instruction for these purposes to include, but not be limited to, specified elements, including reasonably designed and age-appropriate instruction on the overarching themes and core principles of mental health. This bill would require each school district, county office of education, state special school, and charter school that offers one or more courses in health education to pupils in middle school or high school to include in those courses instruction in mental health that meets the requirements of the bill, as specified. The bill would require that instruction to include, among other things, reasonably designed instruction on the overarching themes and core principles of mental health. The bill would require that instruction and related materials to, among other things, be appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners. The bill would require the State Department of Education to develop a plan to expand mental health instruction in California public schools on or before January 1, 2024.
(1) Existing law prohibits a person subject to a protective order, as defined, from owning, possessing, purchasing, or receiving a firearm or ammunition while that protective order is in effect and makes a willful and knowing violation of a protective order a crime. Existing law requires the court, when issuing the order with both parties present, to inform the parties of this information and to order the restrained person to relinquish any firearm in the person's immediate possession or control or subject to their immediate possession or control. Existing law specifies the means of relinquishment if the law enforcement officer serving the protective order does not request the immediate surrender of the firearm, including, surrender to law enforcement, or by selling the firearm to a licensed gun dealer. This bill would require a court to order the restrained person to relinquish ammunition and to notify the parties of how any firearms or ammunition still in the restrained party's possession are to be relinquished and how to submit a receipt to the court. The bill would require the court to review the file to determine whether the receipt has been filed and inquire as to whether the person has complied with the requirement. The bill would require violations of the firearms or ammunition prohibition to be reported to the prosecuting attorney in the jurisdiction where the order has been issued within 2 business days of the court hearing unless the restrained party provides a receipt showing compliance at a subsequent hearing or by direct filing with the clerk of the court. The bill would authorize the relinquishment to occur by transferring the firearm or ammunition or relinquishing them for storage if the firearm or ammunition is not immediately surrendered to law enforcement upon service of the protective order. This bill would also require the court, at a noticed hearing relating to a domestic violence protective order in family court or juvenile court, to consider information presented that the restrained person has possession or control of a firearm or ammunition. The bill would authorize the court, upon making this finding, to set a review hearing, as specified, to determine whether the person has possession or control of a firearm or ammunition in violation of the above provisions. Existing law requires a court, prior to a hearing on the issuance or denial of a protective order, to ensure that a search has been conducted to determine if the subject of the order has been convicted of a serious or violent felony, a misdemeanor conviction involving domestic violence, weapons, or other violence, has an outstanding warrant, is currently on parole or probation, has a registered firearm, or has a prior restraining order or a violation of a restraining order. Existing law requires the court to notify law enforcement officials if some of those conditions exist, including the person being on parole or probation or having an outstanding warrant. This bill, as part of the search, would require the court to make a written record as to whether the subject has relinquished the firearm. If evidence of compliance with the prohibition on firearms or ammunition is not provided, the bill would require the clerk of the court to notify law enforcement officials and would require those law enforcement officials to take all actions necessary to obtain any firearms or ammunition owned, possessed, or controlled and to address any violation of the order with respect to firearms or ammunition, as specified. By requiring additional duties of local law enforcement officials, this bill would impose a state-mandated local program. Existing law requires a family court to determine the best interest of the child for purposes of deciding child custody in proceedings for dissolution of marriage, nullity of marriage, legal separation of the parties, petitions for exclusive custody of a child, and proceedings under the Domestic Violence Prevention Act. Existing law establishes a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of a child and establishes factors to be considered in rebutting that presumption, including that the perpetrator is restrained by a protective order and has, or has not, complied with that order. This bill, for purposes of rebutting the presumption, would require the court to also consider whether the person is a restrained person in possession or control of a firearm or ammunition in violation of the law. Existing law authorizes the court to issue an ex parte order determining the temporary custody and visitation of a minor child, on the conditions the court determines, to a party who has established a parent and child relationship with the child, based on the best interest of the child. Existing law authorizes the court to suspend or deny custody or visitation or to limit visitation or custody only to situations in which a 3rd person is present. This bill would require the court, in making that determination, to consider whether the party is a restrained person in possession or control of a firearm or ammunition. (2) Existing law requires a law enforcement agency to enter all firearms that have been reported stolen, lost, found, recovered, held for safekeeping, or under observation into the Automated Firearms System (AFS) . This bill would also require law enforcement to enter in all firearms that are relinquished as part of a domestic violence protective order. (3) Existing law specifies how firearms and ammunition may be transported and prohibits open or concealed carry in specified circumstances. Existing law requires a license to sell, lease, or transfer firearms. Existing law, the Safety for All Act of 2016, enacted by the voters as Proposition 63 at the November 8, 2016, General Election, requires a valid ammunition vendor license to sell more than 500 rounds of ammunition in any 30-day period. Proposition 63 authorizes amendments of its provisions by a vote of 55% of both houses of the Legislature if the amendments are consistent with, and further the purposes of, the act. This bill would exempt people who are complying with the firearms provisions of a protective order from those provisions, including amending Proposition 63 to exempt a person from the limitation on the sale of over 500 rounds of ammunition in a 30-day period in order to comply with the protective order. (4) This bill would incorporate additional changes to Section 3044 of the Family Code proposed by AB 1579 and AB 1171, to be operative only if this bill and AB 1579, AB 1171, or both are enacted and this bill is enacted last. The bill would also incorporate additional changes to Section 11108.2 of the Penal Code proposed by SB 715, to be operative only if this bill and SB 715 are enacted and this bill is enacted last. (5) 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 State Department of Social Services in the Health and Welfare Agency and sets forth its powers and duties relating to the administration of various programs relating to public social services. This bill would enact the Community Response Initiative to Strengthen Emergency Systems Act, or the C.R.I.S.E.S. Act, for purposes of creating, implementing, and evaluating the C.R.I.S.E.S. Grant Pilot Program, which the act would establish. The bill would require the department to administer the program if appropriate funding is made available to the department. The bill would require the department to award grants to qualified grantees, which include city, county, and tribal departments of social services, disability services, health services, public health, or behavioral health, based on grant eligibility criteria developed in partnership with a stakeholder workgroup. This bill would require each grantee to receive a minimum award of $250,000 per year under the program. The bill would require a grantee to award at least 90% of grant funds received to one or more qualifying community-based organizations, as defined. The bill would require funds awarded under the program to be utilized to create and strengthen community-based alternatives to law enforcement to lessen the reliance on law enforcement agencies as first responders to crisis situations unrelated to a fire department or emergency medical service response. This bill would require a grantee to report at least annually to the department on the use of funding awarded under the program. The bill would require the department to convene a stakeholder workgroup consisting of specified individuals to make recommendations to the department regarding the implementation of the program, as specified. This bill would establish the Community Response Initiative to Strengthen Emergency Systems Program Fund within the State Treasury, and would provide that, upon appropriation by the Legislature, the moneys may be expended by the department for purposes of the program. The bill would prohibit the department from expending more than 5% of appropriated funds on administrative costs, as specified. The bill would require the department to award all grants by January 1, 2023. This bill would authorize the department to implement, interpret, or make specific the provisions of the program without taking regulatory action, as specified. The bill would grant immunity to the state from liability resulting from the activities of a grantee or community-based organization under the program. This bill would repeal these provisions on June 30, 2026.
Under existing law, classified employees of school districts and community college districts subject to layoff as a result of the expiration of a specially funded program at the end of a school year are required to be given written notice on or before April 29 informing them of certain rights. Existing law also requires that notice be given not less than 60 days before the effective layoff date if the termination date of a specially funded program is other than June 30, or if classified employees are subject to layoff as a result of a bona fide reduction or elimination of a service performed by a department. This bill instead would revise and recast provisions relating to the layoff of classified employees of school districts and community college districts to require certain notices and opportunities for a hearing when a permanent classified employee's services will not be required for the ensuing year due to lack of work or lack of funds. The bill would, for the purposes of specified notice and hearing rights, define "permanent classified employee" to include both an employee who was permanent at the time the notice or right to a hearing was required and an employee who became permanent after the date of the required notice. The bill would express the intent of the Legislature in enacting the bill to provide permanent classified school employees and those who become permanent classified school employees with the same rights to notice and hearing with respect to layoffs as are provided to certificated employees of school districts, including teachers and administrators, and academic employees of community college districts. If classified positions must be eliminated as a result of the expiration of a specially funded program, the bill would require written notice of the layoff date and certain rights be given to the classified employees not less than 60 days before the effective layoff date. If, after January 1, 2021, the Legislature provides certificated or academic employees with any additional rights to notice or hearing as to layoffs, the bill would require the respective permanent classified employees, as described, to be afforded the same rights by the school district or community college district, as applicable. To the extent school districts and community college districts are required to perform additional duties, 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 requires the State Department of Public Health to license and regulate health facilities, and requires the department to define specified bed classifications for health facilities, including general acute care, intermediate care, and specialized care, among others. Existing law generally authorizes the department or the Department of Health Care Access and Information to permit program flexibility as to various prescribed standards relating to a health facility's physical plant or staffing as long as statutory requirements are met and the program flexibility has prior written approval. A person who violates specified licensing provisions related to these health facilities is guilty of a crime. This bill would additionally require any program flexibility granted by the department or the Department of Health Care Access and Information to not jeopardize the health, safety, and well-being of patients. The bill would specifically authorize the department to grant a critical care unit program flexibility request pursuant to a prescribed procedure that includes, among other things, a requirement that, on and after January 1, 2023, the department post a critical care unit program flexibility request on the department's publicly accessible internet website and solicit public comment on the request. On and after January 1, 2023, the bill would also require a health facility that submits a critical care unit program flexibility request to also post its critical care unit program flexibility request form and immediately notify affected employees, as specified. The bill would require the department to post on its internet website specified information, including a list of health facilities with approved critical care unit program flexibility, on or before February 1, 2023. This bill would incorporate additional changes to Section 1276 of the Health and Safety Code proposed by SB 637 to be operative only if this bill and SB 637 are enacted and this bill is enacted last.
(1) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund (CASF) to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law authorizes the commission to impose a surcharge to collect $330,000,000 for deposit into the CASF beginning January 1, 2018, and continuing through the 2022 calendar year. Existing law specifies the amount of surcharge revenues to be deposited into each account within the CASF, subject to appropriation by the Legislature. This bill would authorize the commission to impose the surcharge to fund the CASF until December 31, 2032, as specified. Existing law requires the commission, until April 1, 2023, to annually report specified information to the Legislature, including the remaining unserved areas in the state, the status of the CASF balance, and the projected amount to be collected in each year. This bill would require the commission to report that information in perpetuity. This bill would authorize the commission to require each internet service provider, as defined, to report specified information regarding each free, low-cost, income-qualified, or affordable internet service plan advertised by the provider. (2) Existing law requires the commission to require interconnected Voice over Internet Protocol service providers to collect and remit surcharges on their California intrastate revenues in support of specified public purpose program funds. Existing law authorizes those providers to use certain methodologies to identify their intrastate revenues subject to the surcharge. This bill would repeal that authorization to use those methodologies. (3) Existing law establishes the deaf and disabled telecommunications program and requires the commission to establish a rate recovery mechanism through a surcharge not to exceed 12 of 1% uniformly applied to a subscriber's intrastate telephone service, other than one-way radio paging service and universal telephone service, until January 1, 2025, to allow providers of equipment and service pursuant to that program to recover their costs as they are incurred. This bill would revise those requirements to instead require the commission to administer a surcharge to collect revenues of up to $100,000,000 per year until January 1, 2025, subject to annual appropriation of moneys by the Legislature, to allow providers of equipment and service pursuant to the deaf and disabled telecommunications program to recover their costs as they are incurred. (4) Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because certain of the above provisions would be part of the act and a violation of a commission action implementing this bill's requirements 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. (5) This bill would become effective only if SB 4 of the 2021–22 Regular Session is enacted and takes effect on or before January 1, 2022. (6) This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law requires a pupil to complete designated coursework while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school. These graduation requirements include, among others, the completion of 3 years of courses in English and 3 years of courses in social studies, including one-year courses in United States history and geography and world history, culture, and geography, a one-semester course in American government and civics, and a one-semester course in economics. Existing law requires the Instructional Quality Commission to develop, and the State Board of Education to adopt, modify, or revise, a model curriculum in ethnic studies. Existing law also encourages each school district and charter school that maintains any of grades 9 to 12, inclusive, and that does not otherwise offer a standards-based ethnic studies curriculum to offer, beginning in the school year following the adoption of the model curriculum, a course of study in ethnic studies based on the model curriculum. This bill would add the completion of a one-semester course in ethnic studies, meeting specified requirements, to the graduation requirements commencing with pupils graduating in the 2029–30 school year, including for pupils enrolled in a charter school. The bill would expressly authorize local educational agencies, including charter schools, to require a full-year course in ethnic studies at their discretion. The bill would require local educational agencies, including charter schools, to offer an ethnic studies course commencing with the 2025–26 school year, as specified. The bill would authorize, subject to the course offerings of a local educational agency, including a charter school, a pupil to satisfy the ethnic studies course requirement by completing either (A) a course based on the model curriculum in ethnic studies developed by the commission, (B) an existing ethnic studies course, (C) an ethnic studies course taught as part of a course that has been approved as meeting the A–G requirements of the University of California and the California State University, or (D) a locally developed ethnic studies course approved by the governing board of the school district or the governing body of the charter school. The bill would prohibit a course that does not use ethnic studies content as the primary content through which the subject is taught from being used to satisfy the ethnic studies course requirement. The bill would require a pupil who completes a course described above to also accrue credit for coursework in the subject that the course is offered, including, if applicable, credit towards satisfying a course required for a diploma of graduation from high school. These provisions would become operative only upon an appropriation of funds by the Legislature for these purposes in the annual Budget Act or another statute. Because the bill would add new duties to local educational agencies, it would constitute a state-mandated local program. (2) 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.
The Donahoe Higher Education Act establishes 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, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in this state. The act applies to the University of California only to the extent that the regents, by appropriate resolution, make it applicable. The Equity in Higher Education Act provides that it is the policy of the state to afford all persons, regardless of specified characteristics, including gender identity and gender expression, equal rights and opportunities in the postsecondary educational institutions of the state. This bill, as part of the Donahoe Higher Education Act, would require a campus of the University of California, California State University, or California Community Colleges to update a former student's records to include the student's updated legal name or gender if the institution receives government-issued documentation, as described, from the student demonstrating that the former student's legal name or gender has been changed. The bill would require the institution to reissue specified documents conferred upon, or issued to, the former student with the former student's updated legal name or gender, if requested by the former student. The bill would prohibit an institution from charging a higher fee for correcting, updating, or reissuing a document based on a legal name or gender change than the fee it charges for correcting, updating, or reissuing that document generally. Commencing with the 2023–24 graduating class, the bill would require an institution to provide an option for a graduating student to request that the diploma to be conferred by the institution list the student's chosen name, as specified. Because this bill imposes new duties on community college districts, it would constitute 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 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.