Photo of Kevin McCarty
D California Assembly · District 6

Asm. Kevin McCarty

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Total votes
24,221
all sessions
Attendance
94%
1,034 missed
Near the chamber average
With party
99%
of cast votes
Near the chamber average
Bipartisan score
0%
crosses aisle rarely
Near the chamber average
Sponsored
1,989
bills & resolutions
Near the chamber average
Committees
0
assignments
1,989 bills and resolutions

Sponsored bills

Total
1,989
Primary
257
Co-sponsor
1,732
This page
1,989
matching current filters
Co-sponsor AB 2863
Signed into law · California Assembly · Co-sponsor
Green building standards: bicycle parking.

The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption. Existing law requires the commission to publish, or cause to be published, editions of the code in its entirety once every 3 years. Existing law requires the commission and other state agencies that propose green building standards to allow for input by other state agencies that have expertise in green building subject areas, as provided. This bill would require the Department of Housing and Community Development, upon the next triennial update of the California Green Building Standards Code that occurs on or after January 1, 2023, to research and develop mandatory building standards for short-term and long-term bicycle parking in multifamily residential buildings, hotels, and motels. The bill would authorize the department to propose these standards for adoption. The bill would also require the commission, upon the next triennial update, to research and develop revised mandatory building standards for short-term and long-term bicycle parking in nonresidential buildings, and would authorize the commission to adopt these standards. The bill would require the department and the commission, in developing these standards, to develop minimum mandatory bicycle parking standards using a method that is independent of the number of vehicle parking spaces. The bill would include related legislative findings.

Signed into law Sep 29, 2022 1 co-sponsor
Co-sponsor AB 1655
Signed into law · California Assembly · Co-sponsor
State holidays: Juneteenth.

Existing law designates specific days as holidays in this state. Existing law designates holidays on which community colleges and public schools are required to close, including days appointed by the President. Existing law entitles state employees, with specified exceptions, to be given time off with pay for specified holidays. This bill would add June 19, known as "Juneteenth," to the list of state holidays. The bill would specify that holidays created by federal legislation signed by the President are considered days appointed as holidays for the purposes of the above-described provisions requiring community colleges and public schools to close. The bill would authorize state employees to elect to take time off with pay in recognition of Juneteenth, as specified. This bill would incorporate additional changes to Sections 45203, 79020, and 88203 of the Education Code proposed by AB 1801 to be operative only if this bill and AB 1801 are enacted and this bill is enacted last. This bill would incorporate additional changes to Sections 6700, 19853, and 19853.1 of the Government Code proposed by AB 1801 and AB 2596 to be operative only if this bill and either or both AB 1801 and AB 2596 are enacted and this bill is enacted last.

Signed into law Sep 29, 2022 1 co-sponsor
Co-sponsor AB 2183
Signed into law · California Assembly · Co-sponsor
Agricultural labor relations: elections.

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

Signed into law Sep 28, 2022 1 co-sponsor
Co-sponsor SB 901
Signed into law · California Senate · Co-sponsor
Flood protection: City of West Sacramento flood risk reduction project.

(1) Unless a city or county within the Sacramento-San Joaquin Valley makes certain findings after the effective date of specified amendments to its general plan, the Planning and Zoning Law prohibits a city or county from entering into a development agreement for property located in a flood hazard zone; approving a discretionary permit, ministerial permit, or other discretionary entitlement for a project that is located within a flood hazard zone, as specified; or approving a tentative map, or a parcel map for which a tentative map was not required, for a subdivision that is located within a flood hazard zone. Those findings include, among others, that the local flood management agency has made adequate progress on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas. Existing law further requires urban and urbanizing areas protected by any levee that is part of the facilities of the State Plan of Flood Control to achieve the urban level of flood protection by 2025. This bill would instead require the City of West Sacramento, as defined, to achieve the urban level of flood protection by 2030. (2) Existing law provides for state cooperation with the federal government in the construction of specified flood control projects. Existing law adopts and authorizes federally adopted and approved projects, including a project for flood control along the American and Sacramento Rivers, at an estimated cost to the state of the sum that may be appropriated by the Legislature for state participation upon the recommendation and advice of the Department of Water Resources or the Central Valley Flood Protection Board. This bill would adopt and approve the West Sacramento Project for flood risk reduction along the Yolo Bypass, Sacramento Bypass, and Sacramento River, which was adopted and approved by a specific act of the United States Congress in 2016, at an estimated cost to the state of the sum that may be appropriated by the Legislature for state participation, upon the recommendation and advice of the department or the board. (3) Existing law creates, and establishes the boundaries of, Reclamation District Number 900. Under existing law, it is the responsibility, liability, and duty of the district to maintain and operate the works of the project within its boundaries or jurisdiction, except as specified. Existing law authorizes certain local agencies to petition the board or department to dissolve a maintenance area and authorizes the board or department, after a hearing, to dissolve the maintenance area if in its discretion it finds dissolution to be in the best interests of the state. The bill would specify that the district also includes the parcels that compose Maintenance Area 4, as specified. The bill would authorize Maintenance Area 4 to be dissolved only upon the execution of the assurance agreement and assumption of project levee maintenance responsibilities by the district, or by a member agency that is a signatory to the assurance agreement, for the state maintenance area. By increasing the district's boundaries and jurisdiction to include Maintenance Area 4, this bill would impose a state-mandated local program. (4) This bill would make legislative findings and declarations as to the necessity of a special statute for City of West Sacramento. (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 no reimbursement is required by this act for a specified reason.

Signed into law Sep 28, 2022 1 co-sponsor
Co-sponsor AB 2832
Signed into law · California Assembly · Co-sponsor
Whole Child Community Equity.

Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of childcare and development services for children up to 13 years of age. Under existing law, the State Department of Education identifies, develops, validates, and disseminates effective educational programs and practices operated by state and local educational entities, in order to improve the educational services provided through public elementary and secondary schools. This bill would require the State Department of Social Services, in consultation with the State Department of Education, and with input from early childhood stakeholders, to develop the Whole Child Equity Framework (the Framework) and Whole Child Community Equity Screening Tool (the Equity Tool) to provide the data needed to support the equitable distribution of resources and monitor progress on addressing racial and economic inequities. The bill would require the State Department of Social Services, in consultation with the State Department of Education, to convene a workgroup to provide recommendations to the State Department of Social Services for the development of the Framework, the Equity Tool, and recommended uses of the Equity Tool for early childhood investments and whole child resources. The bill would require the workgroup to include parents and families from historically underserved communities and other stakeholders that bring insight to support the whole child. The bill would require the State Department of Social Services, on or before January 1, 2025, to finalize and present the Framework, the Equity Tool, and recommended uses of the Equity Tool to the Legislature. The bill would also require the State Department of Social Services to publish the tool for public use, including the data and methodology, on the department's internet website.

Signed into law Sep 28, 2022 1 co-sponsor
Primary AB 777
Vetoed · California Assembly · Lead sponsor
State property: transfer: University of California.

Existing law authorizes the Department of General Services (department) to dispose of surplus state real property by sale, lease, exchange, sale combined with an exchange, or other manner of disposition authorized by the Legislature, upon terms and conditions and subject to any reservation and exceptions the department deems to be in the best interests of the state. This authorization also declares that the provision of housing for Californians is a goal of the highest priority, and the intent of the Legislature that priority be given in the disposal of surplus state real property to housing for persons and families of low or moderate income. Existing law requires each state agency, on or before December 31 of each year, to make a review of all proprietary state lands, with specified exceptions, over which it has jurisdiction, to determine what, if any, land is in excess of its foreseeable needs and report thereon in writing to the department. Existing law, 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 require colleges, universities, and nonprofit entities, as specified, for projects, as defined, to ensure a skilled and trained workforce is used to complete those projects, including by sending a notice of solicitation to specific entities, requiring contractors and subcontractors to pay prevailing wages to employees, establishing a process to prequalify prime contractors and subcontractors, and providing a monthly compliance report, among other things. The bill would make that compliance report a public record under the California Public Records Act. The bill would define terms for its purposes. This bill would authorize the department to transfer, without charge, a parcel of property in Sacramento, California, if that parcel is reported as excess, to the Regents of the University of California to be used by the University of California at Davis (UC Davis) for prescribed purposes, including using the majority of the developed square footage on the property to provide below local market rental rate housing for students, staff, and faculty, as described. The bill would require UC Davis to reimburse the department for all actual costs incurred as a result of the transfer, as described, and all actual costs related for early termination of specified contracts, as described. This bill would also provide that if the Regents of the University of California have not begun a formal planning process within a year of the transfer or indicate that they will not use the parcel for its intended purposes, the parcel shall revert to the department, and would then be reviewed to determine if the land is in excess.

Vetoed Sep 28, 2022 0 co-sponsors
Primary AB 2552
Signed into law · California Assembly · Lead sponsor
Firearms: gun shows and events.

Existing law generally regulates gun shows and events and requires a person producing, sponsoring, operating, or otherwise organizing a gun show or event to possess a valid certificate of eligibility from the Department of Justice. Existing law requires the producer of a gun show or event to post specified notices at each public entrance to the event, and a specified notice in the parking lot. A violation of this requirement or other requirements is punishable as a misdemeanor and makes a person ineligible for a certificate of eligibility for a period of one year. This bill would require additional notices relating to the storage, handling, purchase, and theft of firearms to be posted at each public entrance to the event. This bill would also double the maximum fines for a violation of this and other requirements and make the person ineligible for a certificate of eligibility for a period of 2 years. By expanding an existing crime, this bill would impose a state-mandated local program. Existing law requires a vendor at a gun show or event to make certain certifications, in writing, to the producer, including that they will not display, possess, or offer for sale any firearms, ammunition, knives, or weapons for which possession or sale is prohibited and that they will process any firearm transactions through a licensed dealer. This bill would additionally require a vendor to certify that they will not display, possess, or offer for sale any unserialized frame or receiver, including an unfinished frame or receiver or any handgun conversion kits, as specified. Under existing law, a violation of this and other requirements is punishable as an infraction or misdemeanor, as specified. This bill would add a fine and a suspension from participating as a vendor for a period of one year to the punishment for these violations. By expanding the application of existing crimes, this bill would impose a state-mandated local program. Existing law, commencing July 1, 2022, authorizes the Department of Justice to inspect any firearms dealers, ammunition vendors, or manufacturers participating in a gun show or event to ensure that firearms and ammunition transfers or sales are conducted in accordance with applicable state and federal laws. This bill would authorize the Department of Justice to also inspect any firearm precursor part vendors participating in a gun show or event. The bill would, commencing July 1, 2023, require the department to conduct enforcement and inspections at a minimum of one-half of all gun shows or events in the state to ensure compliance with gun show and event laws. The bill would also require the department to post certain violations discovered on their internet website and would require the department to submit an annual report to the Legislature summarizing their enforcement efforts. 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.

Signed into law Sep 28, 2022 0 co-sponsors
Co-sponsor SB 907
Signed into law · California Senate · Co-sponsor
Electronic benefits transfer systems: farmers' markets.

Existing federal law establishes the federal Supplemental Nutrition Assistance Program (SNAP) , known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing law establishes a statewide electronic benefits transfer (EBT) system, administered by the State Department of Social Services, for the purpose of providing financial and food assistance benefits, including CalFresh benefits. Existing law authorizes, to the extent and manner allowed by federal law and regulation, an interested collective group or association of produce sellers that is United States Department of Agriculture's Food and Nutrition Service authorized and actively participating in produce sales in a farmers' market, flea market, or certified farmers' market to initiate and operate an electronic benefit transfer acceptance system on behalf of its members. This bill would establish the Local, Equitable Access to Food (LEAF) Program and would require, upon an appropriation by the Legislature for these purposes, the Department of Food and Agriculture, with support from the State Department of Social Services, to establish a noncompetitive grant program designed to expand the use of EBT acceptance systems at California certified farmers' markets and tribe-operated farmers' markets on Indian reservations. The bill would, as part of that grant program, require grants to be provided to certified farmers' market operators or farmers' markets operated by tribal governments. The bill would limit the use of grant funds for specified activities relating to expanding the use of EBT acceptance systems at farmers' markets, including, among others, scaling and improving EBT processes at existing certified farmers' markets. The bill would create certain additional requirements for certified farmers' markets that use grant funds to hire an individual, or to contract with a third party, to operate an EBT acceptance system, including a requirement that the person operating the EBT acceptance system be available at all times the certified farmers' market is open to the public. The bill would also, as part of that grant program, require grants to be provided to nonprofit organizations to provide technical assistance to certified farmers' markets on the implementation of high-quality EBT acceptance systems. The bill would require nonprofit organizations that receive this grant to use grant funds to create materials that explain the EBT transaction process and translate those materials, as specified. The bill would also authorize the nonprofit organization to use grant funds for certain other purposes, including assisting certified farmers' markets in becoming authorized retailers under the CalFresh program. The bill would require the department to submit a report to all appropriate legislative committees 9 months after the department has issued sufficient grants to evaluate the program. The bill would prohibit the departments from using more than 5 percent of any funds appropriated for the purpose of these provisions on administrative costs.

Signed into law Sep 27, 2022 1 co-sponsor
Co-sponsor AB 1502
Signed into law · California Assembly · Co-sponsor
Freestanding skilled nursing facilities.

Existing law requires the State Department of Public Health to license, inspect, and regulate skilled nursing facilities, as defined, and prohibits a person, firm, partnership, association, corporation, or political subdivision of the state, or other governmental agency within the state from operating, establishing, managing, conducting, or maintaining a skilled nursing facility in this state, without first obtaining a license from the department. Existing law prohibits a person from acquiring a beneficial interest of 5% or more in any corporation or partnership licensed to operate a skilled nursing facility, or in any management company under contract with a licensee of a skilled nursing facility, or from becoming an officer or director of, or general partner in, a corporation, partnership, or management company without the prior written approval of the department. Existing law requires a licensee for a skilled nursing facility to provide written notice of a proposed change in licensee or management company to all residents of the facility and their representatives at least 90 days prior to a finalization of the sale, transfer of operation, or other change or transfer of ownership interests, except as specified. Existing law requires an applicant for a skilled nursing facility or intermediate care facility to submit certain information to the department, such as the name and address of a parent organization if the applicant is a subsidiary of another organization, and report any changes to that information within 30 days. Existing law imposes criminal penalties on a person who violates the licensing and regulatory requirements imposed on skilled nursing facilities. This bill would prohibit a person or an applicant for licensure from acquiring, operating, establishing, managing, conducting, or maintaining a freestanding skilled nursing facility without first obtaining a license from the department for that purpose. The bill would also apply the licensure requirement to a change of ownership or a change in management of such a facility. The bill would specify the requirements to apply for a license, after July 1, 2023, including evidence that the applicant is reputable and responsible to assume the license or management and evidence of specified financial capacity, and, if the applicant is part of a chain, providing a diagram indicating the relationship between the applicant and the persons or entities, as defined, that are part of the chain. The bill would require an applicant for a skilled nursing facility or intermediate care facility to report any changes in information in an application 30 days prior to that change, except as specified. The bill would make all applications prepared in relation to these provisions public records, except as specified under any applicable federal or state privacy laws. The bill would authorize or require the department to deny an application for licensure, or to revoke a license, under certain circumstances. By expanding the duties on licensees, this bill would expand an existing crime, thereby imposing a state-mandated local program. The bill would authorize the department to take specified actions, including imposing civil penalties, if an applicant acquires, operates, establishes, manages, conducts, or maintains a skilled nursing facility before the department acts on its application or following the denial of its application, or if the person does not first apply to the department for a license. The bill would specify that its provisions do not preclude the department from taking additional state or federal enforcement actions, as specified, including misdemeanor penalties for willful or repeated violations. The bill would require the department to ensure a facility's operation is transitioned to a qualified operator, following the denial of an application. The bill would authorize the department, subsequent to licensure, to assess a civil penalty of $10,000 for a material violation of these provisions. The bill would specify that its provisions do not apply to a skilled nursing facility operated as a distinct part of an acute care hospital or to a receiver or temporary manager appointed in accordance with other laws. The bill would require the department to convene a stakeholder group on or before April 1, 2023, to determine the feasibility of establishing a new methodology to calculate application fees. 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.

Signed into law Sep 27, 2022 1 co-sponsor
Primary AB 1348
Vetoed · California Assembly · Lead sponsor
Youth athletics: chronic traumatic encephalopathy.

Under the California Youth Football Act, a youth sports organization, as defined, that conducts a tackle football program must comply with certain requirements, including, among other things, having a licensed medical professional, which may include a state-licensed emergency medical technician, paramedic, or higher-level licensed medical professional, present during games. Until January 1, 2026, this bill would require the Surgeon General to convene a Commission on Chronic Traumatic Encephalopathy and Youth Football to investigate issues related to the risks of brain injury associated with participation in youth football, and to provide recommendations to the Governor and Legislature on strategies to reduce this risk, including the minimum appropriate age for participation in youth tackle football. The bill would require the Surgeon General to publish a report on their internet website on or before July 1, 2025, with the findings of the commission.

Vetoed Sep 25, 2022 0 co-sponsors
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