Existing law creates the Department of Human Resources, which succeeds to and is vested with all of the powers and duties exercised and performed by the Department of Personnel Administration. Existing law specifically grants the department the powers, duties, and authority necessary to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Existing law declares the policies of this state with regard to hiring individuals with a disability and prescribes responsibilities of the Department of Human Resources that relate to the representation of individuals with a disability in the state workforce, which include outlining specific actions to improve the representation of individuals with a disability in the state workforce. Existing law creates the Limited Examination and Appointment Program (LEAP) , which the Department of Human Resources administers, to provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities. Existing law will repeal certain provisions of LEAP on January 1, 2022. Existing law provides that each state agency is responsible for an effective equal employment opportunity program and tasks the Department of Human Resources with the responsibility for the statewide advocacy, coordination, enforcement, and monitoring of these programs. Existing law requires each state agency to develop and implement an affirmative action employment plan for individuals with a disability, as specified, and requires that the plans be submitted to the Department of Human Resources each year. The bill would require that each state agency develop its own reasonable accommodation policy for individuals with disabilities, consistent with state and federal law, to address requests for reasonable accommodations. The bill would require the Department of Human Resources, by December 31 of each year, to review affirmative action employment plans submitted by state agencies and to approve the plans or to require appropriate modifications, as specified. The bill would require each state agency's equal opportunity program to include a reasonable accommodation policy. The bill would require the department to develop model policies for equal opportunity employment programs, including a model policy on reasonable accommodation. The bill would require the Department of Human Resources, by December 31, 2025, to report to the Legislature on specified subjects, including, among other things, the number of persons with disabilities hired by each appointing power, as specified, the names of departments or agencies required to submit corrected affirmative action plans, and recommendations for future efforts to improve the hiring of persons with disabilities.
Sponsored bills
(1) Existing law prohibits, during the prosecution of specified sex crimes, the admission of evidence of the manner in which the victim was dressed, when offered by either the prosecution or the defendant on the issue of consent, unless the court finds the evidence relevant and admissible in the interests of justice. This bill would prohibit the court from admitting evidence, in the above circumstances, of the manner in which the victim was dressed, upon a finding that the evidence is relevant and admissible in the interests of justice. (2) This bill would incorporate additional changes to Section 1103 of the Evidence Code proposed by AB 1171 to be operative only if this bill and AB 1171 are enacted and this bill is enacted last. (3) The California Constitution provides that relevant evidence shall not be excluded in any criminal proceeding except as provided by statute enacted by a 23 vote of the membership of each house of the Legislature. Because this bill would limit the admissibility of evidence in criminal proceedings, it would require a 23 vote.
The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling and provides for the payment, collection, and distribution of certain payments and fees based on minimum refund values established for beverage containers. The act requires a distributor of beverage containers to pay to the department the redemption payment for every beverage container sold or transferred to a dealer for deposit into the California Beverage Container Recycling Fund. The act defines "recycling" for its purposes as the reuse or refilling of empty beverage containers, or the process of sorting, cleansing, treating, and reconstituting empty postfilled beverage containers for the purpose of using the altered form. The act requires the department to certify processors and requires certified processors to comply with specified requirements for operation, including, among others, taking the actions necessary and approved by the department to cancel containers to render them unfit for redemption. A violation of the act is an infraction. This bill would authorize the department to authorize a processor to satisfy that cancellation requirement by washing a reusable beverage container or transferring a reusable beverage container for subsequent washing to a processor approved by the department. The bill would authorize the department to certify additional models of processors that are determined necessary to implement that provision and would require, by January 1, 2024, the Director of Resources Recycling and Recovery to adopt by regulation the requirements and standards for the certification and operation of those processors, as specified. By creating crimes relating to reusable beverage containers, the bill would impose a state-mandated local program. The bill would define "reusable beverage container" for purposes of the act to mean a glass beverage container with a refund value established pursuant to the act and that is processed by a processor for subsequent washing for refill and sale by a beverage manufacturer. 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 authorizes a person who has been convicted and incarcerated for a felony and later pardoned on the basis of innocence or found to be factually innocent of that crime, as specified, to present a claim against the state to the California Victim Compensation Board for the pecuniary injury sustained by the person through the erroneous conviction and incarceration. Existing law requires the board to recommend to the Legislature that an appropriation be made and the claim paid if a court has made a finding that the person is factually innocent or if the person proves to the board that they are factually innocent. Existing law specifies that there is no presumption in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to these provisions. Existing law establishes the process and timeframes for the Attorney General to respond to a claim and for the board to set a hearing and make a recommendation on the claim. Under existing law, the person is considered factually innocent if the crime with which they were charged was either not committed at all, or if committed, was not committed by that person. This bill would revise and recast these provisions to instead require the board, upon application by a person whose writ of habeas corpus was granted in state or federal court, or whose motion to vacate the charges was granted by a state court and the charges were dismissed, or if the person was acquitted of the charges on retrial, to recommend to the Legislature that an appropriation be made without a hearing, unless the Attorney General establishes that the claimant is not entitled to compensation. The bill would require the Attorney General, for claims brought under specified provisions, to establish by clear and convincing evidence that the claimant committed the acts constituting the offense in order to establish that the claimant is not entitled to compensation. The bill would prohibit the Attorney General, from relying solely on the trial record of a conviction that has been reversed or dismissed to establish that the claimant is not entitled to compensation. This bill would specify that no res judicata or collateral estoppel finding can be made in any other proceeding for failure to make a motion or obtain a favorable ruling under these provisions.
Existing law requires the Governor to proclaim certain days each year for specified reasons. This bill would designate August 26 of each year as California Farmworker Day, and require the Governor to annually proclaim August 26 as California Farmworker Day. The bill would make legislative findings in this regard.
Existing law makes it unlawful to produce, process, sell, offer to sell, or possess olive oil that indicates on its label "California Olive Oil," or uses similar words to indicate that California is the source of the oil, unless 100% of that oil is derived from olives grown in California. Existing law also requires that olive oil produced, processed, sold, offered for sale, given away, or possessed in California, that indicates on its label that it is from a specific region of California, be made of oil at least 85% of which, by weight, is derived from olives grown in that region. Existing law makes a violation of the requirements relating to the manufacture and marketing of olive oil a misdemeanor. This bill would also require a container of olive oil produced, processed, sold, offered for sale, given away, or possessed in California that includes "California" in any form on its principal display panel and contains olive oil derived from olives grown outside California to disclose the minimum percentage of olive oil in the container derived from olives grown in California. The bill would prescribe specific language to make the disclosure and require that it be in a font size that is no less than the largest used in the word "California." Because a violation of this requirement would be a crime, this bill would impose a state-mandated local program. Existing law, the California Marketing Act of 1937, authorizes the Department of Food and Agriculture to regulate the quality of commodities produced and handled in California by prohibiting the production and handling of commodities that fall below its minimum standards. Existing law makes a violation of a marketing order duly issued by the Secretary of Food and Agriculture pursuant to the act a misdemeanor. This bill would require any olive oil produced, processed, sold, offered for sale, given away, or possessed in California with a principal display panel that uses "California" to comply with the quality and purity standards published by the Department of Food and Agriculture, as specified. The bill would specify that this requirement is declaratory of existing law. 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 authorizes the Department of Toxic Substances Control to undertake response or corrective actions under the hazardous waste control laws or the Carpenter-Presley-Tanner Hazardous Substance Account Act in response to a release or threatened release of hazardous substances. This bill would require the department, where feasible, to at least partially incorporate fixed-price contracting for contracts for the cleanup of hazardous substances released into the environment carried out by the department. The bill would require the department to establish performance milestones for cleanups of hazardous substances released into the environment carried out or overseen by the department to ensure that the cleanups are performed at the appropriate pace and to post on its internet website information regarding those cleanups, including specified information for each cleanup. This bill would require moneys recovered by the state from responsible parties relating to the former Exide Technologies lead-acid battery recycling facility in the City of Vernon to be used to repay the General Fund and the Lead-Acid Battery Cleanup Fund for loans made for the oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances or hazardous waste at or near the former Exide Technologies facility, and to repay other sources of state funding for costs incurred for that same purpose. The bill would also require moneys recovered by the state to be used to repay the Lead-Acid Battery Cleanup Fund for repayments to the General Fund.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law authorizes an individual to add a dependent to their health care service plan contract or health insurance policy, including adding a dependent outside of an initial enrollment period if certain criteria are met. Existing law defines "dependent" for the purpose of an individual contract or policy to mean the spouse, registered domestic partner, or child of an individual. Existing law establishes the Health Insurance Counseling and Advocacy Program (HICAP) in the California Department of Aging to provide Medicare beneficiaries and those imminently eligible for Medicare with counseling and advocacy regarding health care coverage options. This bill would require an individual health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2023, that provides dependent coverage to make dependent coverage available to a qualified dependent parent or stepparent. The bill would require a plan, an insurer, or the California Health Benefit Exchange to provide an applicant seeking to add a dependent parent or stepparent with written notice about HICAP and would require a solicitor or agent to provide specified HICAP contact information, as specified. The bill would expand the definition of "dependent" for an individual health care service plan contract or health insurance policy to include a qualified dependent parent or stepparent. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides for the licensing and regulation of an adult alcoholism or drug abuse recovery or treatment facility, a psychiatric health facility, or a mental health rehabilitation facility by the State Department of Health Care Services. Existing law authorizes the department to impose specified penalties on a facility that is in violation of applicable laws and regulations governing the facility. Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of a community care facility, including, among others, a social rehabilitation facility, by the State Department of Social Services. A violation of the act may be subject to specified civil penalties, license suspension or revocation, or misdemeanor charges. This bill would prohibit an operator of a licensed alcoholism or drug abuse recovery or treatment facility, a certified alcohol or other drug program, and a licensed mental health rehabilitation center, psychiatric health facility, or social rehabilitation facility, from engaging in various acts, including making a false or misleading statement about the entity's products, goods, services, or geographical locations. The bill would also prohibit a picture, description, staff information, or the location of an entity from being included on an internet website along with false contact information that surreptitiously directs the reader to a business that does not have a contract with the entity. The bill would authorize the department responsible for the facility's licensure or certification to investigate allegations of a violation of these provisions and, upon finding a violation, to impose the civil sanctions and other penalties available pursuant to existing law, but would not make a violation of these provisions a crime.
(1) Under existing law, the Tom Bane Civil Rights Act, if a person or persons, whether or not acting under color of law, interferes or attempts to interfere, by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney, is authorized to bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the exercise or enjoyment of the right or rights secured. Existing law also authorizes an action brought by the Attorney General, or any district attorney or city attorney, to seek a civil penalty of $25,000. Existing law also allows an individual whose exercise or enjoyment of rights has been interfered with to prosecute a civil action for damages on their own behalf. The bill would eliminate certain immunity provisions for peace officers and custodial officers, or public entities employing peace officers or custodial officers sued under the act. (2) Existing laws defines persons who are peace officers and the entities authorized to appoint them. Existing law requires certain minimum training requirements for peace officers including the completion of a basic training course, as specified. Existing law prescribes certain minimum standards for a person to be appointed as a peace officer, including moral character and physical and mental condition, and certain disqualifying factors for a person to be employed as a peace officer, including a felony conviction. This bill would prohibit a person who has been convicted of a felony, as specified, from regaining eligibility for peace officer employment based upon any later order of the court setting aside, vacating, withdrawing, expunging or otherwise dismissing or reversing the conviction, unless the court finds the person to be factually innocent of the crime for which they were convicted at the time of entry of the order. The bill would disqualify a person from being employed as a peace officer if that person has been convicted of, or has been adjudicated in an administrative, military, or civil judicial process as having committed, a violation of certain specified crimes against public justice, including the falsification of records, bribery, or perjury. The bill would also disqualify any person who has been certified as a peace officer by the Commission on Peace Officer Standards and Training and has surrendered that certification or had that certification revoked by the commission, or has been denied certification. The bill would disqualify any person previously employed in law enforcement in any state or United States territory or by the federal government, whose name is listed in the national decertification index, or any other database designated by the federal government, or who engaged in serious misconduct that would have resulted in their certification being revoked in this state. The bill would require a law enforcement agency employing certain peace officers to employ only individuals with a current, valid certification or pending certification. (3) Existing law establishes the Commission on Peace Officer Standards and Training to set minimum standards for the recruitment and training of peace officers and to develop training courses and curriculum. Existing law authorizes the commission to establish a professional certificate program that awards basic, intermediate, advanced, supervisory, management, and executive certificates on the basis of a combination of training, education, experience, and other prerequisites, for the purpose of fostering the professionalization, education, and experience necessary to adequately accomplish the general police service duties performed by peace officers. Existing law authorizes the commission to cancel a certificate that was awarded in error or obtained through misrepresentation or fraud, but otherwise prohibits the commission from canceling a certificate that has properly been issued. This bill would require the Department of Justice to provide the commission with necessary disqualifying felony and misdemeanor conviction data for all persons known by the department to be current or former peace officers, as specified. The bill would grant the commission the power to investigate and determine the fitness of any person to serve as a peace officer in the state. The bill would direct the commission to issue or deny certification, which includes a basic certificate or proof of eligibility, to a peace officer in accordance with specified criteria. The bill would require the commission to issue a proof of eligibility or basic certificate, as specified, to certain persons employed as a peace officer on January 1, 2022, who do not otherwise possess a certificate. The bill would declare certificates or proof of eligibility awarded by the commission to be property of the commission and would authorize the commission to suspend or revoke a proof of eligibility or certificate on specified grounds, including the use of excessive force, sexual assault, making a false arrest, or participating in a law enforcement gang, as defined. The bill would create the Peace Officer Standards Accountability Division within the commission to review investigations conducted by law enforcement agencies and to conduct additional investigations into serious misconduct that may provide grounds for suspension or revocation of a peace officer's certification, as specified. The bill would require the division to review grounds for decertification and make findings as to whether grounds for action against an officer's certification exist. The bill would require the division to notify the officer subject to decertification of their findings and allow the officer to request review. The bill would also create the Peace Officer Standards Accountability Advisory Board with 9 members to be appointed as specified. The bill would require the board to hold public meetings to review the findings after an investigation made by the division and to make a recommendation to the commission. The bill would require the commission to review the recommendation made by the board based on whether there is evidence that reasonably supports the board's conclusion that misconduct has been established and, if action is to be taken against an officer's certification, return the determination to the division to commence formal proceedings consistent with the Administrative Procedure Act. The bill would require the commission to notify the employing agency and the district attorney of the county in which the officer is employed of this determination, as specified. The bill would make all records related to the revocation of a peace officer's certification public and would require that records of an investigation be retained for 30 years. The bill would require an agency employing peace officers to report to the commission the employment, appointment, or separation from employment of a peace officer, any complaint, charge, allegation, or investigation into the conduct of a peace officer that could render the officer subject to suspension or revocation, findings by civil oversight entities, and civil judgements that could affect the officer's certification. In case of a separation from employment or appointment, the bill would require each agency to execute an affidavit-of-separation form adopted by the commission describing the reason for separation. The bill would require the affidavit to be signed under penalty of perjury. By creating a new crime, this bill would impose a state-mandated local program. The bill would require the board to report annually on the activities of the division, board, and commission, relating to the certification program, including the number of applications for certification, the events reported, the number of investigations conducted, and the number of certificates surrendered or revoked. By imposing new requirements on local agencies, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 832.7 of the Penal Code proposed by SB 16 to be operative only if this bill and SB 16 are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.