Asm. Tina McKinnor

Existing law, the Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the application for, the issuance of, the suspension of, and the conditions imposed upon, various alcoholic beverage licenses. Existing law generally makes a violation of the act a misdemeanor and grounds for suspension or revocation of a license, except as specified. Existing law authorizes the issuance of on-sale general public premises (Type 48) licenses, which authorize, as specified, the sale of beer, wine, and distilled spirits for consumption on the licensed premises. Existing law, commencing July 1, 2024, until January 1, 2027, requires an applicant for a new permanent Type 48 license and the holder of an existing Type 48 license to offer drug testing devices for sale to their customers and to post a related notice containing specified language, as specified. This bill would also, commencing July 1, 2025, until January 1, 2027, require an applicant for a new permanent Type 48 license and the holder of an existing Type 48 license to, upon request, provide a lid with a customer's drink. The bill would require a licensee to post a related notice containing specified language in a prominent and conspicuous location and would make a conforming change to the above-described notice requirement related to drug testing devices. The bill would authorize the licensee to charge an additional fee for providing a lid with a customer's drink and would prohibit the fee from exceeding the reasonable cost of providing the lid, as specified. The bill would specify that a violation of this provision is not a crime.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975 (hereafter the act) , 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 requires the records, books, and papers of a health care service plan and other specified entities to be open to inspection by the director of the department during normal business hours. This bill would instead require the records, books, and papers of a health care service plan and other specified entities to be open to inspection by the director, including through electronic means. The bill would require a plan and other specified entities to furnish in electronic media records, books, and papers that are possessed in electronic media and to conduct a diligent review of records, books, and papers and make every effort to furnish those responsive to the director's request. The bill would require records, books, and papers to be furnished in a format that is digitally searchable, to the greatest extent feasible. The bill would require records, books, and papers to be preserved until furnished, if requested by the department. The bill would authorize the director to inspect and copy these records, books, and papers, and to seek relief in an administrative law proceeding if, in the director's determination, a plan or other specified entity fails to fully or timely respond to a duly authorized request for production of records, books, and papers. Because a willful violation of these requirements would be a crime, the bill would impose a state-mandated local program. Existing law requires the department to conduct periodically an onsite medical survey of the health delivery system of each plan. Existing law requires the director to publicly report survey results no later than 180 days following the completion of the survey, and requires a final report to be issued after public review of the survey. Existing law requires the department to conduct a followup review to determine and report on the status of the plan's efforts to correct deficiencies no later than 18 months following release of the final report. This bill would state that nothing in those provisions prohibits the director from taking any action permitted or required under the act in response to the survey results before the followup review is initiated or completed, including, but not limited to, taking enforcement actions and opening further investigations. The bill would declare that these provisions are declaratory of and clarify existing law with regard to the director's enforcement authority. Existing law enumerates acts or omissions by a health care service plan that constitute grounds for disciplinary action by the director. This bill would add to those enumerated acts or omissions the failure by a health care service plan to respond fully or timely, or both, to a duly authorized request for production of records. 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, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law, the California Fair Employment and Housing Act, makes it unlawful to engage in specified discriminatory employment practices based on certain protected characteristics, including race, unless based on a bona fide occupational qualification or applicable security regulations, and prohibits housing discrimination based on specified personal characteristics, including race. Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state, and to prohibit acts that are contrary to that policy and to provide remedies therefor. Existing law prohibits discrimination because of a perception that a person has one of those protected characteristics or is associated with a person who has, or is perceived to have, any of those characteristics. The California Fair Employment and Housing Act and public school policy define the term race for purposes of those provisions to include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, as defined. This bill would remove the term "historically" from the definitions of race, thus defining race to include traits associated with race, including, but not limited to, hair texture and protective hairstyles, as defined, and would add those definitions for "race" and "protective hairstyle" to the Unruh Civil Rights Act. This bill would declare that its provisions are declaratory of existing law. This bill would incorporate additional changes to Section 51 of the Civil Code proposed by SB 1137 to be operative only if this bill and SB 1137 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 12926 of the Government Code proposed by SB 1022 and SB 1137 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.

Existing law grants a person sentenced to imprisonment the right to purchase, receive, and read any and all newspapers, periodicals, and books, as specified, subject to restrictions reasonably related to legitimate penological interests. Existing law authorizes the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations for the administration of state prisons, including determining which materials are a threat to legitimate penological interests. Existing law creates the Office of the Inspector General and grants the Inspector General responsibility for oversight of the department, as specified. This bill would require the Office of the Inspector General to post the Centralized List of Disapproved Publications maintained by the department on the office's internet website and would require the department to notify the office each time a change is made to that list. The bill would authorize the office, upon request, to review publications on the list to determine if it concurs with the department's determination that the publication violates department regulations. The bill would require the office to notify the department if it does not concur with the department's determination. The bill would also require the office to include information relating to those notifications in an annual report the Inspector General provides to the Governor and Legislature.

Former law established, until July 1, 2023, the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States. Former law required the Task Force to, among other things, identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies that became the United States, and to recommend appropriate remedies in consideration of the Task Force's findings, as specified. Former law required the Task Force to submit a written report of its findings and recommendations to the Legislature, as specified. This bill would provide that the State of California recognizes and accepts responsibility for all of the harms and atrocities committed by the state, its representatives thereof, and entities under its jurisdiction who promoted, facilitated, enforced, and permitted the institution of chattel slavery and the enduring legacy of ongoing badges and incidents from which the systemic structures of discrimination have come to exist. The bill would further provide that the State of California apologizes for perpetuating the harms African Americans have faced and affirms its role in protecting the descendants of enslaved people and all Black Californians. The bill would require a plaque memorializing this apology to be publicly and conspicuously installed and maintained in the State Capitol Building. The bill would impose various duties on the Department of General Services and the Joint Rules Committee relating to the installation and maintenance of the plaque. The bill would authorize the Department of General Services and the Joint Rules Committee to receive money from grants and private donations and would continuously appropriate those funds for this purpose, as specified. The bill would require the Legislature to prepare the formal apology and would request it be signed by specified state leaders. The bill would require the Secretary of State to submit a final copy of this formal apology to the State Archives, where it would be available for viewing by the general public in perpetuity. The bill would include related legislative findings.

(1) Existing law regulates the employment of workers in grocery establishments, as defined, including requiring an incumbent grocery employer, as defined, where there is a change of control, as defined, to post a public notice of the change in control at the location of the affected grocery establishment within 5 business days following the execution of the transfer document, as specified. Existing law requires the notice to include, among other specified information, the name of the incumbent grocery employer, and to be posted in a conspicuous place at the grocery establishment in a manner where it can be readily viewed by specified persons, including eligible grocery workers. Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacies by the California State Board of Pharmacy. Existing law authorizes a pharmacy to furnish prescription drugs only to certain entities, including specific health care entities, and individual patients or another pharmacy either pursuant to prescription or as otherwise authorized by law. Existing law defines a pharmacy as an area, place, or premises licensed by the board in which the profession of pharmacy is practiced and where prescriptions are compounded. This bill would require a covered establishment, defined to include a grocery establishment or a pharmacy establishment, to satisfy specified requirements no later than 45 days before its closure, as defined, takes effect, including providing written notice of the closure to specified entities, including the employees of the covered establishment affected by the closure and their authorized representatives if the covered establishment employs more than 5 employees, and the Employment Development Department. The bill would require, notwithstanding that provision, a covered establishment that employs 5 or fewer employees to, no later than 30 days before a closure of the covered establishment takes effect, provide written notice of the closure to the employees of the covered establishment affected by the closure. The bill would exempt, notwithstanding the same provision, specified covered establishments, including a covered establishment that, among other things, is a pharmacy and is owned by a person or entity who owns 15 or fewer pharmacies nationwide, from providing written notice to specified persons and entities, including the Employment Development Department. The bill would exempt a covered establishment from these requirements if specified circumstances apply, including that the closure is necessitated by a physical calamity or an act of war, except as specified. (2) Existing law authorizes an aggrieved employee of a grocery establishment or their representative, as described, to bring an action, as specified, for violations of the above-described change of control provisions to recover, among other awards, reasonable attorney's fees and costs, if specified requirements are met, including that the employee provided written notice to the employer of the violations, as specified. Existing law also authorizes a civil penalty not to exceed $100 against, among other specified entities, the grocery employer for each employee whose rights are violated under those provisions. Existing law also authorizes an additional amount of $100 per employee payable as liquidated damages for each day of the violation until the violation is cured, as specified, and authorizes that amount to be recovered by the Labor Commissioner, as specified, and paid to the employee as compensatory damages. This bill would authorize a civil penalty not to exceed $10,000 for each closure to be assessed and collected in a civil action against a covered establishment that violates the above-described written notice provisions brought by specified persons or entities, including any person injured by the violation, except as specified. The bill would require the court, in assessing the amount of the civil penalty, to consider relevant circumstances, including the nature and severity of the misconduct, and require the court to award a prevailing plaintiff reasonable attorney's fees and costs. The bill would require, if the action is pursued by specified entities, including the Attorney General, that specified portions of the civil penalty collected be paid to, among other specified sources, the treasurer of the county in which the judgment was entered. The bill would entitle an employee that does not receive the written notice to recover in a civil action an additional sum of $100 payable as liquidated damages per employee for each day of the violation until the violation is cured, as specified. The bill would specify that these provisions do not preempt or alter any other rights or remedies, including any causes of action, available under any other federal or state law, except as specified. (3) Existing law, the California Workforce Innovation and Opportunity Act, establishes local workforce development boards to perform duties related to the planning, oversight, and evaluation of local workforce investment, including identifying workforce training programs. This bill would require a county, after receiving a written notice described above from any covered establishment, to provide the local workforce development board of the county in which the covered establishment is located with information about safety net programs, including the CalWORKs program, and would require a local workforce development board to provide the covered establishment with information about safety net programs and the availability of local workforce training services. The bill would require a covered establishment that receives information from a county or a local workforce development board as described above, no later than 30 days before its closure, to provide any of that information it receives to each of its employees. By increasing the duties of a county and a local workforce development board, the bill would impose a state-mandated local program. (4) Existing law provides for various public social services programs in the state, which are administered by the State Department of Social Services, including the CalFresh program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county, and the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. This bill would require the department, after receiving a written notice described above from a grocery establishment, to transmit to the Food and Nutrition Service of the United States Department of Agriculture information stating that the grocery establishment will be closing and the closing date. (5) This bill would make findings and declarations relating to these provisions. (6) 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 regulates certain contracts for artistic employment between an unemancipated minor and third parties, including employment as an actor, dancer, musician, comedian, singer, stuntperson, voice-over artist, or other performer or entertainer, or sports participant. Existing law provides for the establishment of a trust for the purpose of preserving for the benefit of the minor 15% of the minor's gross earnings. This bill would require a vlogger, as defined, to compensate a minor under 18 years of age if the minor is engaged in the work of vlogging, as specified. The bill would require the vlogger to set aside gross earnings on the content in a trust account to be preserved for the benefit of the minor, as specified. The bill would also require the vlogger to prepare a written statement, under penalty of perjury, that includes specified information relating to the trust account. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. This bill would require the vlogger to maintain records, including, among others, the number of vlogs that generated compensation and the amount deposited into the trust account, and to provide them to the minor upon request. The bill would authorize the minor to enforce these provisions in court. The bill would require that these provisions do not apply to a contract for vlogging services between a minor and their parent or guardian only if a court approves the contract, as specified. 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 requires the State Department of Public Health to maintain a program of maternal and child health, which may include, among other things, facilitating services directed toward reducing infant mortality and improving the health of mothers and children. Existing law requires the Office of Health Equity within the department to serve as a resource for ensuring that programs collect and keep data and information regarding ethnic and racial health statistics, and strategies and programs that address multicultural health issues, including, but not limited to, infant and maternal mortality. Existing law makes legislative findings relating to implicit bias and racial disparities in maternal mortality rates. Existing law requires a hospital that provides perinatal care, and an alternative birth center or a primary clinic that provides services as an alternative birth center, to implement an evidence-based implicit bias program, as specified, for all health care providers involved in perinatal care of patients within those facilities. Existing law requires the health care provider to complete initial basic training through the program and a refresher course every 2 years thereafter, or on a more frequent basis if deemed necessary by the facility. Existing law requires the facility to provide a certificate of training completion upon request, to accept certificates of completion from other facilities, and to offer training to physicians not directly employed by the facility. Existing law requires the department to track and publish data on pregnancy-related death and severe maternal morbidity, as specified. This bill would make a legislative finding that the Legislature recognizes all birthing people, including nonbinary persons and persons of transgender experience. The bill would extend the evidence-based implicit bias training requirements to specified health care providers at hospitals that provide perinatal care, alternative birth centers, or primary care clinics, as specified. The bill would require an implicit bias program to include recognition of intersecting identities and the potential associated biases. The bill would require initial basic training for the implicit bias program to be completed by June 1, 2025, for current health care providers, and within 6 months of their start date for new health care providers, unless exempted. The bill would require specified facilities to, by February 1 of each year, commencing in 2026, provide the Attorney General with proof of compliance with these provisions, as specified. The bill would authorize the Attorney General to pursue civil penalties for violations of these provisions, as specified. The bill would require that Attorney General be awarded all attorney's fees and costs in any civil action in which a court imposes any of those civil penalties. The bill would authorize the Attorney General to post on its internet website a list of facilities that did not timely submit proof of compliance or were assessed penalties under these provisions, as specified. The bill would authorize the Attorney General to post any other compliance data they deem necessary and would authorize the Attorney General to biennially publish a report outlining compliance data related to these provisions. The bill would make the provisions of the act severable.

Existing law, the Ralph Civil Rights Act of 1976, affords all persons within the jurisdiction of this state the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, any specified personal characteristic, or position in a labor dispute, or because another person perceives them to have one or more of those characteristics. Existing law specifies that whoever denies this right, or aids, incites, or conspires in that denial, is liable for each and every offense for the actual damages suffered by any person denied that right and, in addition, exemplary damages, a civil penalty of $25,000, and attorney's fees. Existing law authorizes a person claiming to be aggrieved by an alleged unlawful practice in violation of this right to also file a verified complaint with the Civil Rights Department. Existing law defines the phrase "intimidation by threat of violence" for purposes of this provision. This bill would expand the definition of "intimidation by threat of violence" for purposes of these provisions to also include terrorizing the owner or occupant of private property with the distribution of materials on the private property, without authorization, with the purpose of terrorizing, as defined, the owner or occupant of that private property. The bill would prohibit speech alone from supporting an action brought pursuant to the Ralph Civil Rights Act of 1976 unless there is a showing that the speech itself threatens violence against a specific person or group of persons, the person or group of persons against whom the threat is directed reasonably fears that, because of the speech, violence will be committed against them or their property, and the person threatening violence is acting in reckless disregard for the threatening nature of their speech and has the apparent ability to carry out the threat. The bill would prohibit that restriction on speech alone supporting an action from being construed to negate or otherwise abrogate the requirements set forth in other specified provisions of the Ralph Civil Rights Act of 1976 to bring an action pursuant to that act. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires the department to establish the Medically Tailored Meals Pilot Program and the Short-Term Medically Tailored Meals Intervention Services Program, to operate in specified counties and during limited periods for the purpose of providing medically tailored meal intervention services to eligible Medi-Cal beneficiaries with certain health conditions, including congestive heart failure, cancer, diabetes, chronic obstructive pulmonary disease, or renal disease. Existing law, subject to implementation of the California Advancing and Innovating Medi-Cal (CalAIM) initiative, authorizes a Medi-Cal managed care plan to elect to cover community supports approved by the department as cost effective and medically appropriate in a comprehensive risk contract that are in lieu of applicable Medi-Cal state plan services. Under existing law, community supports that the department is authorized to approve include, among other things, medically supportive food and nutrition services, including medically tailored meals. This bill would make medically supportive food and nutrition interventions a covered benefit under the Medi-Cal program, through both the fee-for-service and managed care delivery systems, no sooner than July 1, 2026, upon appropriation and subject to federal approval and the issuance of final guidance by the department. The bill would require those interventions to be covered if determined to be medically necessary by a health care provider or health care plan, as specified. The bill would require the provision of interventions for 12 weeks, or longer if deemed medically necessary. The bill would require the department to define the qualifying medical conditions for covered interventions and delineate the services included in the definition of a medically supportive food and nutrition intervention. The bill would require a health care provider, to the extent possible, to match the acuity of a patient's condition to the intensity and duration of the covered intervention and to include culturally appropriate foods. The bill would require the department, upon appropriation, to establish a medically supportive food and nutrition benefit stakeholder group, with a specified composition, to advise the department on certain related items, such as the scope of the benefit, among others.