Asm. Tina McKinnor

Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. The act requires certain professionals, including specified health practitioners and social workers, known as "mandated reporters," to report by telephone known or reasonably suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Existing law authorizes a county welfare agency to develop a program for internet-based reporting of child abuse and neglect, as specified. Existing law authorizes a mandated reporter in a county where the program is active to use the internet-based reporting tool in lieu of the required initial telephone report. This bill would authorize the County of Los Angeles to establish a 2-year pilot program to test a new model for the mandatory reporting of child abuse or neglect. The bill would require the pilot program to include a comprehensive County of Los Angeles mandated reporter training that may be made available to all mandated reporters in the county. The bill would require the pilot program to also include the development and deployment of an internet-based decision-support tool, developed through a collaborative process with, among others, the State Department of Social Services, for mandated reporters who have completed that training. The bill would require the decision-support tool to, among other things, make a recommendation on whether or not to report and would prohibit the decision-support tool from using predictive analysis. The bill would, during the time the pilot program is in effect, deem a mandated reporter to have satisfied their reporting duties if the reporter completed the training, used the decision-support tool, and complied with the recommended action. The bill would shield a mandated reporter who satisfied their reporting duties pursuant to these provisions from civil liability or criminal penalty, and from penalties impacting their professional licenses, credentials, and certifications, for failing to report known or suspected child abuse or neglect, as well as the reporter's supervisor, employer, superior, or principal, as specified. The bill would repeal its provisions on January 1, 2030. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.

(1) Existing law prohibits the owner of a residential real property from terminating a tenancy without just cause, as defined, after a tenant has continuously and lawfully occupied a residential real property for 12 months. Among other residential real properties or residential circumstances, existing law exempts from these provisions a residential real property, including a mobilehome, that is alienable separate from the title to any other dwelling unit if the owner meets specified criteria and the tenants have been provided a specified written notice of the exemption. Existing law repeals these provisions on January 1, 2030. This bill would revise these provisions by removing the exemption for separately alienable residential real property and, instead, only exempting a mobilehome if the above-described criteria are met. The bill would delete the January 1, 2030, repeal date, thereby extending these provisions indefinitely. (2) Existing law prohibits an owner of residential real property, except as specified, from increasing over the course of any 12-month period the gross rental rate for a dwelling or a unit more than 5% plus the percentage change in the cost of living, or 10%, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months prior to the effective date of the increase, as specified. This bill would reduce the permissible gross rental rate increase under these provisions to the lesser of 2% plus the percentage change in the cost of living, or 5%. Among other residential real properties, existing law exempts from these provisions a residential real property that is alienable separate from the title to any other dwelling unit, including a mobilehome, if the owner meets specified criteria and the tenants have been provided a specified written notice of the exemption. This bill would revise these provisions by removing the exemption for separately alienable residential real property and, instead, only exempting a mobilehome if the above-described criteria are met. Existing law repeals these provisions on January 1, 2030. This bill would delete the January 1, 2030, repeal date, thereby extending these provisions indefinitely. (3) Notwithstanding the above-described gross rental rate increase prohibition, existing law, upon the expiration of rental restrictions, as defined, authorizes the owner of affordable housing units that meet certain requirements to establish the initial rental rate for the unit, and also authorizes the owner of an assisted housing development who demonstrates compliance with certain requirements under penalty of perjury to establish the initial unassisted rental rate for units in the assisted housing development. Existing law repeals these provisions on January 1, 2030. This bill would remove the January 1, 2030, repeal date, thereby extending the initial rental rate authorizations indefinitely. By extending provisions that require the owner of an assisted housing development to demonstrate compliance with specified requirements under penalty of perjury, the bill would impose a state-mandated program. (4) 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.

The Political Reform Act of 1974 prohibits an officer of an agency from accepting, soliciting, or directing a contribution of more than $500 from any party, participant, or a party or participant's agent, while a proceeding involving a license, permit, or other entitlement for use is pending before the agency and for 12 months following the date a final decision is rendered in the proceeding, if the officer knows or has reason to know that the participant has a financial interest, as defined. The act also prohibits an officer of an agency from making, participating in making, or in any way attempting to use the officer's official position to influence the decision in a proceeding involving a license, permit, or other entitlement for use pending before the agency if the officer has willfully or knowingly received a contribution of more than $500 within the preceding 12 months from a party or a party's agent, or from any participant or a participant's agent, if the officer knows or has reason to know that the participant has a financial interest in the decision, as defined. This bill would increase the contribution thresholds described above from $500 to $1500. The bill would require the commission to adjust these contribution thresholds to reflect any increase or decrease in the Consumer Price Index beginning January, 2027, and in January of each odd-numbered year thereafter, as specified. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.

Existing law establishes in the Business, Consumer Services, and Housing Agency a Department of Financial Protection and Innovation under the direction of the Commissioner of Financial Protection and Innovation. Under existing law, the department has charge of the execution of specified laws relating to various financial institutions and financial products and services. This bill would enact the California Elder Financial Abuse Prevention Act, which would authorize a depository institution, as defined, to take specified actions when, based on their own observations or information received from a governmental or law enforcement agency, the institution believes that an eligible adult, as defined, is the victim or target of financial abuse, including delaying or refusing a transaction involving the eligible adult and preventing the transfer of funds from the eligible adult's account. The bill would authorize a depository institution to notify an associated third party, as defined, if the depository institution believes an eligible adult may be the victim of financial abuse, and would exempt that disclosure from state privacy laws or requirements.

Existing law, the Lanterman Developmental Disabilities Services Act (Lanterman Act) , requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities through various programs, including personal care or personal assistance services and in-home respite services. Existing law requires the Director of Developmental Services to develop program standards for in-home respite services purchased by regional centers from agencies vendored to provide these services. Existing law establishes the Home Care Services Consumer Protection Act, which provides for the licensure and regulation of home care organizations by the State Department of Social Services, and for the registration of home care aides who provide home care services, as defined, on the home care aide registry. Existing law exempts from these provisions an organization vendored or contracted through a regional center or the State Department of Developmental Services pursuant to the Lanterman Act to provide services and supports for persons with developmental disabilities, as specified. A violation of the act is a misdemeanor. This bill would require, prior to providing personal care or personal assistance services or in-home respite services to a consumer receiving services under the Lanterman Act, an organization vendored or contracted through a regional center or the department to provide personal care or personal assistance services or in-home respite services to a consumer receiving services under the Lanterman Act to be licensed as a home care organization, and an individual who is employed by such an organization to be listed on the home care aide registry, as specified. By expanding the scope of an existing 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 creates specified programs that employ inmates, including the joint venture program, which is established by the Secretary of Department of Corrections and Rehabilitation within state prisons that allows a public entity, nonprofit or for-profit entity, organization, or business to employ inmates confined in the state prison system for the purpose of producing goods or services. Existing law also establishes the Prison Industry Authority within the department for the purpose of developing and operating industrial, agricultural, and service enterprises employing prisoners in institutions under the jurisdiction of the department and for the purpose of creating and maintaining working conditions within the enterprises to ensure prisoners employed have the opportunity to work productively, to earn funds, and to acquire or improve effective work habits and occupational skills. Existing law requires, upon appropriation by the Legislature, the Office of Small Business Advocate within the Governor's Office of Business and Economic Development to establish the California Employee Ownership Hub that would, among other things, work with all California state agencies whose regulations and programs affect employee-owned companies, and businesses with the potential to become employee owned, to enhance opportunities and reduce barriers. Existing law, the Cooperative Corporation Law, governs the organization and operation of cooperatives, including, among others, worker cooperatives. Existing law defines a worker cooperative as a corporation formed under the Cooperative Corporation Law that includes a class of worker-members who are natural persons whose patronage consists of labor contributed to or other work performed for the corporation. Existing law requires specified information to be included in the articles of incorporation or bylaws, including, among other things, the apportionment and distribution of net earnings and losses of a worker cooperative. Existing law makes the violation of specified provisions under the Cooperative Corporation Law a crime. This bill would require the Department of Corrections and Rehabilitation to establish the Inmate Cooperative Program to facilitate operations of inmate worker cooperatives within state prison facilities. The bill would authorize a group of inmates who seek to establish a worker cooperative to apply to the program by submitting an application to the warden of the facility. The bill would require the warden to approve an application only if the applicant, or a cooperative community partner acting on their behalf, submits a plan of operation to the warden containing specified information, including, among other things, the cooperative's draft bylaws, which describe the cooperative's mission, the cooperative's internal governance structure, an initial management structure, and compensation structure. The bill would define a cooperative community partner as a nonprofit organization, cooperative association, cooperative corporation, or individual that supports the inmates with the establishment, operation, and governance of certified inmate cooperatives. This bill would require a group of inmates seeking to form a worker cooperative to incorporate as a worker cooperative following the approval of an application by the warden. The bill would require the Inmate Cooperative Program to certify the worker cooperative following approval of an application by the warden and incorporation of the cooperative. The bill would require the department to enter into a contract with the cooperative to outline the terms of operation, responsibilities, and compliance requirements. The bill would require a certified cooperative, as a condition to operate in a state prison facility, to write into their bylaws that their cooperative community partner is required to deduct 40% from each inmate's gross wages and deposit the wages into a specified account. The bill would authorize a certified cooperative to engage in the production of goods, agricultural products, or services for the cooperative's use and sale. This bill would require the California Employee Ownership Hub to choose a cooperative institution, which would, among other things, assist in the selection of a financial institution that would steward and manage an account that would be used to, among other things, create economic opportunities for survivors of crime and other persons impacted by their interactions with the criminal justice system with grants for specified purposes. The bill would define a cooperative institution as a nongovernmental nonprofit organization, cooperative association, or similar entity that is dedicated to supporting, overseeing, and promoting cooperative enterprises. The bill would require the financial institution to submit an annual report to the Governor detailing the account's activities, resource allocations, and measurable outcomes of funded initiatives. This bill would also require the department to deduct from inmate wages mandatory deductions for restitution orders and fines, among other things. The bill would require the department to provide certified cooperatives with access to necessary equipment, materials, and resources to support their operations, with no obligation for the department to fund these resources. The bill would prohibit an employee of the department from serving as a member, officer, or board member of any cooperative established under the Inmate Cooperative Program or from having any direct or indirect financial interest in the cooperative or its operations.

Existing law establishes a system of public elementary and secondary schools in this state and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law authorizes local educational agencies to employ personnel to provide services in schools pursuant to that system. This bill would require the State Department of Education to, on or before July 1, 2027, develop an online cultural competency training delivery platform and online cultural competency training curriculum for school employees to support pupils of color. The bill would, commencing with the 2027–28 school year and ending with the completion of the 2031–32 school year, require a school district, county office of education, or charter school serving pupils in kindergarten or any of grades 1 to 12, inclusive, to annually provide that training to all school employees, unless an employee is exempt from the training or an employee provides proof of completion for a cultural competency training completed while employed at another local educational agency, as provided. The bill would also require local educational agencies to provide a proof of completion to school employees that complete the training and to ensure that all school employees complete the required training on paid time during the employees' regular work hours or designated professional development hours, as provided. By imposing additional duties on local educational agencies, this bill would impose a state-mandated local program. The bill would require the department to (1) monitor compliance with the training requirement as part of the department's annual compliance monitoring of state and federal programs, (2) report data, within 9 months of the completion of the 5-year training period, from that compliance monitoring to the Legislature, and (3) post the report on the department's internet website, as provided. The bill would make these provisions inoperative on July 1, 2033, and would repeal them as of January 1, 2034. 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 authorizes the governing board of a school district that determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations to request an emergency apportionment through the Superintendent of Public Instruction, subject to specified requirements. Existing law authorizes emergency apportionments to be provided through an interim loan from the General Fund and lease financing made available by the California Infrastructure and Economic Development Bank, which is authorized to issue bonds for purposes of the emergency apportionments and related costs, or as an alternative to lease financing, as an emergency apportionment from the General Fund. Existing law prescribes the financing conditions on emergency apportionments, including the calculation of the interest rate. Existing law, notwithstanding any other law, authorizes the Inglewood Unified School District, through the State Department of Education, to request cashflow loans from the General Fund for a total of up to $55,000,000 for emergency operational purposes, as provided. Existing law requires the interest on these loans to be charged at the annual rate of return of the Pooled Money Investment Account, plus an additional 2%. This bill, notwithstanding any other law, and once the Inglewood Unified School District has successfully repaid at least 10 years of a General Fund cashflow loan made pursuant to those provisions, would authorize the school district to seek, and would require the Department of Finance to grant, a waiver of interest on that loan for the next succeeding fiscal year if specified conditions are met, including, among other conditions, that the Los Angeles County Superintendent of Schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, determines that the school district is making substantial progress towards fiscal solvency and that a waiver of interest would help the school district to exit receivership, as provided. In each subsequent fiscal year, the bill would authorize the school district to seek, and would require the Department of Finance to grant, a subsequent waiver of interest for the applicable fiscal year if the school district again meets those same requirements. To the extent the bill would impose additional duties on the Los Angeles County Superintendent of Schools, the bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Inglewood Unified School District. 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 California Constitution prohibits involuntary servitude, but exempts from this provision any servitude that is a punishment for a crime. Existing law requires the Department of Corrections and Rehabilitation (CDCR) to require each able-bodied inmate, including a condemned inmate, to work as prescribed by CDCR regulations. Existing CDCR regulations require each inmate to participate in 8 hours per day of programming, including labor, education, counseling, physical fitness, and other programs, 5 days per week. Existing law also authorizes a board of supervisors or city council, through an order, to require all persons confined in a county or city jail, industrial farm, or road camp, as specified, to perform labor on the public works or ways in the county or city, respectively, and to engage in the prevention and suppression of forest, brush, and grass fires upon lands within the county or city, respectively. Notwithstanding any other law, the California Constitution, as amended by Proposition 57 at the November 8, 2016, statewide general election, grants CDCR the authority to award credits earned for good behavior and approved rehabilitative or educational achievements. This bill would authorize inmates 55 years of age or older, or inmates with mental or physical disabilities, as defined, except those sentenced to death, in state prison or county jail to elect whether to continue to work, reduce the number of hours worked, or retire. The bill would prohibit CDCR from punishing the inmate, in specified ways including a change or reduction in privilege group assignment, based on their election.

Existing law includes the 4th Friday in September, known as "Native American Day," as a state holiday. This bill would provide that the 4th Friday in September, known as "Native American Day," is a paid holiday for state employees, as specified.