Existing law authorizes the Department of Motor Vehicles to issue and renew driver's licenses, as specified. Existing law also authorizes the department to issue identification cards. Existing law requires the department to issue a restricted driver's license to an eligible applicant who is unable to submit satisfactory proof that their presence in the United States is authorized under federal law if they meet all other qualifications for licensure and provide satisfactory proof of identity and California residency. Existing law also authorizes the department to issue an identification card to a person documented under the federal Deferred Action for Childhood Arrivals program. This bill would, among other things, require the department to, by no later than July 1, 2027, issue a restricted identification card to an eligible applicant who is unable to submit satisfactory proof that their presence in the United States is authorized under federal law if they provide satisfactory proof of identity and California residency, as specified. Existing law requires the restricted licenses and identification cards to include a recognizable feature on the front of the cards, such as the letters "DP" instead of "DL" and "IC" instead of "ID." This bill would delete the provision requiring a recognizable feature on the cards. Existing law prohibits California law enforcement agencies from cooperating, as specified, with federal immigration authorities. Existing law prohibits the disclosure of certain documents provided by an applicant to the department, except in response to a subpoena for individual records in a criminal proceeding or a court order, or in response to a law enforcement request to address an urgent health or safety need, as specified. This bill would specify that immigration enforcement, as defined, does not constitute an urgent health and safety need for those purposes, and would prohibit a government agency or department, law enforcement agency, commercial entity, or other person from obtaining, accessing, using, or otherwise disclosing, noncriminal history information maintained by the department, for the purpose of immigration enforcement. The bill would make other conforming changes. This bill would incorporate additional changes to Section 12926 of the Government Code proposed by SB 523 to be operative only if this bill and SB 523 are enacted and this bill is enacted last.
Sponsored bills
Existing law establishes 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. Existing law sets forth the amount of maximum aid to be paid for each needy family and includes allowances for recurring or nonrecurring special needs that a family may be eligible for, as specified. Under existing law, homeless assistance is available to a family that is homeless and seeking shelter when the family is eligible for aid under the CalWORKs program. Under existing law, a nonrecurring special needs benefit of $85 per day is available to families of up to 4 members for the costs of temporary shelter, and the 5th and additional members of the family each receive $15 per day, up to a daily maximum of $145, as specified. Existing law requires the temporary shelter special needs benefit to be granted or denied the same day that the family's application for homeless assistance is submitted. Existing law authorizes the temporary shelter benefit for an initial period of up to 3 working days, and then, after homelessness has been verified, the 3-day limit is extended for a period of time that does not exceed a total of 16 calendar days, as specified. Existing law requires the extension of benefits to be done in increments of one week and to be based upon documentation that the family is searching for permanent housing, good cause, or other circumstances defined by the department. This bill, instead, would require the family, if the special needs benefit is granted, to receive the benefits for 16 calendar days, in a one-time payment. The bill would repeal a related obsolete provision. Because the bill would impose new duties on counties in administering the CalWORKs program, the bill would impose a state-mandated local program. This bill would become operative on July 1, 2024, and only upon an appropriation for the purpose of the bill, unless the changes made by the bill cannot be implemented without an update to the Statewide Automated Welfare System (SAWS) , in which case the bill would become operative on the date that the department notifies the Legislature that SAWS has been updated to perform the necessary automation to implement the bill. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the above provisions. This bill would incorporate additional changes to Section 11450 of the Welfare and Institutions Code proposed by SB 1083 to be operative only if this bill and SB 1083 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, 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 creates the Los Angeles County Metropolitan Transportation Authority (LA Metro) , with various powers and duties with respect to transportation planning, programming, construction, and operations. Existing law authorizes LA Metro to provide for a small business preference of 5% of the lowest responsible bidder meeting specifications, with respect to contracts in construction, the construction component of a design-build team, the procurement of goods, or the delivery of services. Existing law also authorizes LA Metro to set aside work for competition, until January 1, 2024, (1) among certified small business enterprises and award each contract to the certified small business enterprise that is the lowest responsible bidder whenever the expected expenditure required exceeds $5,000 but is less than $3,000,000, as specified, and (2) among medium business enterprises for no more than 20 contracts and award each contract to the medium business enterprise that is the lowest responsible bidder whenever the expected expenditure required exceeds $3,000,000 but is less than $30,000,000, as provided. Existing law defines a small business enterprise and medium business enterprise for these purposes. This bill would authorize LA Metro to also provide for a local small business enterprise preference of 5% of the lowest responsible bidder meeting specifications, with respect to contracts in construction, the construction component of a design-build team, the procurement of goods, or the delivery of services, and to provide the preference to nonlocal businesses if the bid includes a 30% participation by local small business enterprises. The bill would define a local small business enterprise for these purposes. The bill would extend, to January 1, 2028, the authorization described above for LA Metro to set aside work for competition among certified small business enterprises and medium business enterprises and award those contracts to those certified small business enterprises and medium business enterprises that are lowest responsible bidders. The bill would increase the limitation on the expected expenditure required for those contracts LA Metro may award to small business enterprises to be less than $5,000,000 instead of $3,000,000. The bill would increase the minimum expected expenditure required for those contracts LA Metro may award to medium business enterprises to be greater than $5,000,000 instead of $3,000,000. If LA Metro awards contracts pursuant to these provisions, the bill would require LA Metro to submit a report to the Legislature by December 31, 2026, on the contracts issued between January 1, 2019, and December 31, 2026, including the number of employees working at a medium business enterprise receiving awards, as provided.
Existing law establishes the California Health and Human Services Agency, which includes the State Department of Public Health, among other state departments, and is charged with the administration of health, social, and other human services. This bill, subject to an appropriation by the Legislature in the annual Budget Act or another statute for these purposes and until January 1, 2028, would require the agency, or an entity designated by the agency, to establish and administer a pilot program to direct funds to primary care clinics that provide reproductive health care services in 5 counties. The bill would require a participating primary care clinic to implement at least one of a number of specified activities to improve health care delivery for marginalized patients, and to annually report to the agency over 2 years regarding its efforts and progress with those activities. The bill would require the agency to report to the Legislature on the program on or before June 1, 2026.
Existing law establishes various default speed limits for vehicles upon highways, as specified. Existing law requires the Department of Transportation (Caltrans) , by regulation, to require Caltrans or a local authority to round speed limits up or down to the nearest 5 miles per hour of the 85th percentile of free-flowing traffic. This bill would, if the speed limit needs to be rounded down to the nearest 5 miles per hour increment of the 85th-percentile speed, authorize Caltrans or a local authority to lower the speed limit by 5 miles per hour from the nearest 5 miles per hour of the 85th percentile, as specified. The bill would prohibit the total reduction in the speed limit from exceeding 12.4 miles per hour from the 85th-percentile speed and would authorize a local authority to retain the currently adopted speed limit without further reduction or restore the immediately prior adopted speed limit without further reduction. The bill would make conforming changes. Existing law establishes various speed limits and prohibits a person from driving with a greater speed than those limits. Existing law prohibits a peace officer or other person from using a speed trap in arresting, or participating in the arrest of, any person for any alleged violation of the Vehicle Code, and prohibits the use of a speed trap in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under the Vehicle Code. Existing law defines the term "speed trap," for these purposes, among other things, to include a particular section of a highway with a prima facie speed limit that is provided by the Vehicle Code or by local ordinance, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within a specified number of years of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device. Existing law exempts a local street or road, school zone, senior zone, or business activity district, as defined, from that definition. This bill would also exempt a speed limit adopted by a local authority, as specified, from the definition of "speed trap."
(1) The Charter Schools Act of 1992 provides for the establishment and operation of charter schools. Existing law requires a petition for the establishment of a charter school to contain comprehensive descriptions of various matters and procedures, including procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed for any reason. Existing law requires these procedures to contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of the intent to remove the pupil no less than 5 schooldays before the effective date of the action. Existing law requires the written notice to inform the pupil, the pupil's parent or guardian, or the pupil's educational rights holder of the right to initiate a hearing adjudicated by a neutral officer before the pupil may be involuntarily removed by the charter school. This bill would require the written notice to be provided to and inform the foster child's educational rights holder, attorney, and county social worker and, if applicable, the Indian child's tribal social worker and, if applicable, county social worker of the right to initiate a hearing adjudicated by a neutral officer before the foster child or, if applicable, Indian child may be involuntarily removed by the charter school. The bill would give a foster child's educational rights holder, attorney, and county social worker and an Indian child's tribal social worker and, if applicable, county social worker the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information. (2) Existing law requires the governing board of each high school or unified school district that assigns pupils to continuation schools to adopt rules and regulations governing procedures for the involuntary transfer of pupils to continuation schools. Existing law requires these rules and regulations to provide that written notice be given to the pupil and the pupil's parent or guardian informing them of the opportunity to request a meeting with a designee of the district superintendent of schools before the transfer. At the meeting, existing law requires the pupil or the pupil's parent or guardian to be informed of the specific facts and reasons for the proposed transfer and to have the opportunity to inspect all documents relied upon, question any evidence and witnesses presented, and present evidence on the pupil's behalf. This bill would require those rules and regulations, for the involuntary transfer of pupils to continuation schools, to provide written notice of the opportunity to request a meeting with a designee of the district superintendent of schools before the transfer, if the pupil is a foster child, to the foster child's educational rights holder, attorney, and county social worker, and, if the pupil is an Indian child, as defined, the Indian child's tribal social worker and, if applicable, county social worker. The bill would require the foster child's educational rights holder, attorney, and county social worker and the Indian child's tribal social worker and, if applicable, county social worker to have the same rights that a parent of a pupil has at the meeting. Because the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program. (3) Existing law requires each local educational agency, as defined, to designate a staff person as the educational liaison for foster children, as defined. If the education liaison is designated by the superintendent of the local educational agency, existing law requires the educational liaison to notify a foster child's attorney and the appropriate representative of the county child welfare agency of pending expulsion proceedings if the decision to recommend expulsion is a discretionary act, and pending proceedings to extend a suspension until an expulsion decision is rendered if the decision to recommend expulsion is a discretionary act. This bill would instead require the foster child's educational rights holder, attorney, and county social worker and an Indian child's, as defined, tribal social worker and, if applicable, county social worker to have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information. Because the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program. (4) Existing law authorizes the principal of the school, the principal's designee, or the district superintendent of schools to suspend a pupil from the school for any of specified reasons for no more than 5 consecutive schooldays. Existing law requires the suspension to be preceded by an informal conference, as specified. If a pupil is suspended without a conference before suspension, existing law requires the parent and the pupil to be notified of the pupil's right to a conference and the pupil's right to return to school for the purpose of a conference. Existing law requires, at the time of suspension, a school employee to make a reasonable effort to notify the pupil's parent or guardian in person or by telephone of the suspension. In a case where expulsion from a school or suspension for the balance of the semester from a continuation school is being processed by the governing board of school district, existing law requires, if the pupil is a foster child, the district superintendent of schools or the district superintendent's designee to invite the pupil's attorney and an appropriate representative of the county child welfare agency to participate in the meeting, as provided. This bill would require, if a foster child or Indian child, as defined, is suspended without a conference before suspension, the foster child's educational rights holder, attorney, and county social worker, or, if applicable, the Indian child's tribal social worker and, if applicable, county social worker to be notified of the child's right to a conference and the child's right to return to school for the purpose of the conference. The bill would require, at the time of suspension of a foster child or Indian child, a school employee to make a reasonable effort to contact the foster child's educational rights holder, attorney, and county social worker, or, if applicable, the Indian child's tribal social worker and, if applicable, county social worker. The bill would authorize notification at the time of a suspension to a parent, guardian, foster child's educational rights holder, attorney, and county social worker, and Indian child's tribal social worker and, if applicable, county social worker to occur by email. The bill would require the district superintendent of schools or the district superintendent's designee to invite the foster child's county social worker, instead of an appropriate representative of the county child welfare agency, or, if applicable, the Indian child's tribal social worker and, if applicable, county social worker to participate in the meeting on a foster child's or, if applicable, an Indian child's expulsion from a school or suspension for the balance of the semester from a continuation school. Because the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program. (5) Existing law requires at the time a pupil is assigned to a supervised suspension classroom, a school employee to notify, in person or by telephone, the pupil's parent or guardian, as specified. This bill would require, if the pupil assigned to a supervised suspension classroom is a foster child or Indian child, as defined, a school employee to notify the foster child's educational rights holder, attorney, and county social worker or the Indian child's tribal social worker and, if applicable, county social worker. The bill would authorize notification of assignment to a supervised suspension classroom to a parent, guardian, foster child's educational rights holder, foster child's attorney, foster child's county social worker, and an Indian child's tribal social worker and, if applicable, county social worker to occur by email. Because the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program. (6) If an individual with exceptional needs is a foster child and the local educational agency has proposed a change of placement due to an act for which a decision to recommend expulsion is at the discretion of the principal or the district superintendent of schools, existing law requires the attorney for the individual with exceptional needs and an appropriate representative of the county child welfare agency to be invited to participate in the individualized education program team meeting that makes a manifestation determination on expulsion pursuant to federal law. This bill would require the county social worker for the individual with exceptional needs who is a foster child, instead of an appropriate representative of the county child welfare agency, to be invited to participate in the individualized education program team meeting that makes a manifestation determination. The bill would require the local educational agency to invite the educational rights holder, attorney, and county social worker for the pupil if the local educational agency has proposed a change of placement due to an act for which a decision to recommend expulsion is mandatory. The bill would require the tribal social worker and, if applicable, county social worker for an individual with exceptional needs who is an Indian child, as defined, to participate in the individualized education program team meeting that makes a manifestation determination. The bill would require the local educational agency to invite the tribal social worker and, if applicable, county social worker for the Indian child if the local educational agency has proposed a change of placement due to an act for which a decision to recommend expulsion is mandatory. Because the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program. (7) If the decision to recommend expulsion is a discretionary act and the pupil is a foster child, existing law requires the governing board of the school district to provide notice of the expulsion hearing to the pupil's attorney and an appropriate representative of the county child welfare agency at least 10 calendar days before the date of the hearing. This bill would require the governing board of the school district to provide that notice to the pupil's county social worker, instead of an appropriate representative of the county child welfare agency. The bill would require the governing board of the school district to provide that notice to the pupil's educational rights holder, attorney, or county social worker if a recommendation of expulsion is required. The bill would require the governing board of the school district to provide the above-described notice to the tribal social worker and, if applicable, county social worker of a pupil who is an Indian child. The bill would require the governing board of the school district to provide that notice to the Indian child's tribal social worker or, if applicable, county social worker if a recommendation of expulsion is required. Because the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program. (8) 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, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, until January 1, 2023, establishes the Speech-Language Pathology Audiology and Hearing Aid Dispensers Board within the Department of Consumer Affairs for the licensure and regulation of speech-language pathologists, speech-language pathology aides, speech language pathology assistants, audiologists, dispensing audiologists, and hearing aid dispensers. Existing law provides for the appointment of members of the board by specified appointing authorities, and, until January 1, 2023, authorizes the board to appoint an executive officer. Existing law authorizes an appointing authority to remove from office at any time any member of a board appointed by the appointing authority for continued neglect of duties, incompetence, or unprofessional or dishonorable conduct. Existing law makes a violation of the act a misdemeanor. This bill would extend the operation of the board and the authorization to appoint an executive officer until January 1, 2027, and would authorize an appointing authority to remove from office at any time any member of the board appointed by that appointing authority. The bill would specify that, in addition to the enforcement and administration of the act, the board is vested with other regulatory duties of the act. The bill would require an applicant, registrant, or licensee under the act who has an email address to provide it to the board no later than July 1, 2023. By expanding the scope of a crime, the bill would impose a state-mandated local program. Existing law establishes the Hearing Aid Dispensing Committee, comprised of 5 members, within the jurisdiction of the board. This bill would abolish the committee. Existing law defines "audiology aide" to mean any person meeting the minimum requirements established by the board. Existing law prohibits an audiology aide from performing any function that constitutes the practice of audiology unless they are under the supervision of an audiologist. This bill would delete that prohibition and would instead define "audiology aide" to mean any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. Existing law requires speech-language pathologists and audiologists supervising speech-language pathology or audiology aides to register with the board the name of each person working under their supervision. This bill would make speech-language pathology and audiology aide registrations expire every 2 years and would require the board to establish a renewal fee in an amount not to exceed $30. The bill would require the speech-language pathologist or audiologist supervising the speech-language pathology or audiology aide to, at the time of renewal, update the board on the duties the aide performs and the training program and assessment methods the supervisor is using. Existing law requires an applicant for licensure as an audiologist to submit evidence of satisfactory completion of supervised clinical practice under the direction of an educational institution approved by the board and satisfactory completion of supervised professional experience following completion of the didactic and clinical rotation requirements of an audiology doctoral program. This bill would require the clinical practice to be under the direction of an audiology doctoral program at an educational institution approved by the board, and would delete the requirement that supervised professional experience follow completion of the didactic and clinical rotation requirements of the audiology doctoral program. Existing law requires the board to deem a person who holds a Certificate of Clinical Competence in Speech-Language Pathology issued by the American Speech-Language-Hearing Association's Council for Clinical Certification to have met specified educational and experience requirements for licensure as a speech-language pathologist or audiologist. This bill would make that requirement applicable only to licensure as a speech-language-pathologist and effective only until January 1, 2027, and would instead require the board, until January 1, 2027, to deem a person who holds either a valid Certification of Clinical Competence in Audiology issued by the American Speech-Language-Hearing Association's Council for Clinical Certification or a valid American Board of Audiology certificate issued by the American Academy of Audiology to have met specified educational and experience requirements for licensure as an audiologist. Existing law lists various reasons for which the board is authorized to suspend, revoke, or impose terms and conditions upon the license of any licensee, including incompetence, gross negligence, or repeated negligent acts. This bill would add specified reasons for which the board is authorized to suspend, revoke, or impose terms and conditions upon a license, including for a disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of speech-language pathology, audiology, or hearing aid dispensing. The bill would authorize a person whose license has been revoked, suspended, or who has been placed on probation to petition the board for reinstatement or modification of penalty after a specified minimum period of time has elapsed from the effective date of the decision ordering that disciplinary action in accordance with specified procedural and other requirements. Existing law provides that a plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist is deemed to be a conviction for specified provisions of the act. This bill would also make that provision applicable to hearing aid dispensers. The bill would also make various other conforming and technical changes to the act, including updating cross-references and deleting an obsolete provision. This bill would incorporate additional changes to Section 2530.2 of the Business and Professions Code proposed by SB 1453 to be operative only if this bill and SB 1453 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 no reimbursement is required by this act for a specified reason. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Existing law requires the Department of Motor Vehicles to publish a synopsis or summary of the laws regulating the operation of a vehicle and the use of the highways, known as the California Driver's Handbook, and requires the department to include specified information in the handbook, including a person's civil rights during a traffic stop, the extent and limitations of a peace officer's authority during a traffic stop, and the legal rights of drivers and passengers. This bill would require the Department of Justice, in conjunction with the department and the Commission on Peace Officer Standards and Training, to develop and create a video demonstrating the proper conduct by a peace officer and an individual during a traffic stop and to post the video on its internet website. Existing law authorizes the department to prescribe rules and regulations for driving schools regarding the conduct of courses of driver education and driver training, including, among other things, curriculum that requires a component relating to the dangers involved in consuming alcohol or drugs in connection with the operation of a motor vehicle and a component examining driver attitude and motivation that focuses on the reduction of future driving violations, with particular emphasis on aggressive driving behavior and behavior commonly known as "road rage." The bill would additionally require those rules and regulations regarding the curriculum to include viewing the Department of Justice's video on proper conduct during a traffic stop. Existing law prohibits a person from driving a motor vehicle on a highway unless the person holds a valid driver's license. Existing law requires a person to apply for a driver's license, as specified. The bill would require the application to inform an applicant of the Department of Justice's video about proper conduct during a traffic stop at the time of an application for an original, renewal, or duplicate of a driver's license. Existing law prescribes the adopted course of study for grades 7 to 12, inclusive. That course of study is required to include English, social sciences, world language, physical education, science, mathematics, visual and performing arts, applied arts, career technical education, automobile driver education, and other studies that the governing board may prescribe. Existing law requires courses offered in automobile driver education to include, but not be limited to, education regarding the rights and duties of a motorist as those rights and duties pertain to pedestrians and the rights and duties of pedestrians as those rights and duties pertain to traffic laws and traffic safety. The bill would require viewing the Department of Justice's video on proper conduct during traffic stops as part of a course in automobile driver education. Because this would increase the level of service required of school districts, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including a partial exemption from those taxes, on and after July 1, 2014, and before July 1, 2030, for the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased by a qualified person for purchases not exceeding $200,000,000, for use primarily in manufacturing, processing, refining, fabricating, or recycling of tangible personal property, as specified; qualified tangible personal property purchased for use by a qualified person to be used primarily in research and development, as provided; qualified tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair, measure, or test any qualified tangible personal property, as provided; and qualified tangible personal property purchased by a contractor purchasing that property for use in the performance of a construction contract for the qualified person, that will use that property as an integral part of specified processes. Existing law, on and after January 1, 2018, and before July 1, 2030, additionally exempts from those taxes the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased for use by a qualified person to be used primarily in the generation or production, as defined, or storage and distribution, as defined, of electric power. This bill would, on and after January 1, 2023, and before January 1, 2028, make this a full exemption for purchases not exceeding $200,000,000. The bill would repeal these provisions on January 1, 2028, and would revert to the above-described partial exemption on that date. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would require the California Department of Tax and Fee Administration to submit a report to the Legislature on the exemption and would provide findings and declarations relating to the goals of the exemption. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. Existing law requires the state to reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy.
(1) Existing law, the Assisted Outpatient Treatment Demonstration Project Act of 2002, known as Laura's Law, requires each county to offer specified mental health programs, unless a county or group of counties opts out by a resolution passed by the governing body, as specified. Existing law, the Lanterman-Petris-Short Act, provides for short-term and longer-term involuntary treatment and conservatorships for people who are determined to be gravely disabled. This bill, contingent upon the State Department of Health Care Services developing an allocation to provide financial assistance to counties, would enact the Community Assistance, Recovery, and Empowerment (CARE) Act, which would authorize specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria. The bill would require the Counties of Glenn, Orange, Riverside, San Diego, Stanislaus, and Tuolumne and the City and County of San Francisco to implement the program commencing October 1, 2023, and the remaining counties to commence no later than December 1, 2024. The bill would require the Judicial Council to develop a mandatory form for use in filing a CARE process petition and would specify the process by which the petition is filed and reviewed, including requiring the petition to be signed under penalty of perjury, and to contain specified information, including the facts that support the petitioner's assertion that the respondent meets the CARE criteria. The bill would also specify the schedule of review hearings required if the respondent is ordered to comply with an up to one-year CARE plan by the court. The bill would make the hearings in a CARE Act proceeding confidential and not open to the public, thereby limiting public access to a meeting of a public body. The bill would authorize the CARE plan to be extended once, for up to one year, and would prescribe the requirements for the graduation plan. By expanding the crime of perjury and imposing additional duties on the county behavioral health agencies, this bill would impose a state-mandated local program. This bill would require the court to appoint counsel for the respondent, unless the respondent has retained their own counsel. The bill would require the Legal Services Trust Fund Commission at the State Bar to provide funding to qualified legal services projects to provide legal counsel in CARE Act proceedings, as specified. The bill would authorize the respondent to have a supporter, as defined. The bill would require the State Department of Health Care Services, in consultation with specified stakeholders, to provide optional training and technical resources for volunteer supporters on the CARE process, community services and supports, supported decisionmaking, and other topics, as prescribed. This bill would require the California Health and Human Services Agency, or a designated department within that agency, to engage an independent, research-based entity to advise on the development of data-driven process and outcome measures for the CARE Act and to convene a workgroup to provide coordination and support among relevant state and local partners and other stakeholders throughout the phases of county implementation of the CARE Act. The bill also would require the State Department of Health Care Services to provide training and technical assistance to county behavioral health agencies to implement the act and to provide training to counsel, as specified. The bill would require the Judicial Council, in consultation with the department and others, to provide training to judges regarding the CARE process, as specified. This bill would authorize the court, at any time during the CARE process, if it finds the county or other local government entity not complying with court orders, to report that finding to the presiding judge of the superior court or their designee. If the presiding judge or their designee finds, by clear and convincing evidence, that the local government has substantially failed to comply with the CARE process, the presiding judge may impose a fine of up to $1,000 per day and, if the court finds persistent noncompliance, to appoint a special master to secure court-ordered care for the respondent at the county's cost. The bill would establish the CARE Act Accountability Fund in the State Treasury to receive the fines collected under the Act, which would, upon appropriation, be allocated and distributed by the department to the local government entity that paid the fines to serve individuals who have schizophrenia spectrum or other psychotic disorders who are experiencing or are at risk of homelessness, criminal justice involvement, hospitalization, or conservatorship. This bill would require the department, in consultation with the Judicial Council, to develop an annual reporting schedule for the submission of CARE Act data from the trial courts and would require the Judicial Council to aggregate the data and submit it to the department. The bill would require the department, in consultation with various other entities, to develop an annual CARE Act report and would require county behavioral health agencies and other local governmental entities to provide the department with specified information for that report. The bill would require an independent, research-based entity retained by the department to develop an independent evaluation of the effectiveness of the CARE Act and would require the department to produce a preliminary and final report based on that evaluation. By increasing the duties of a local agency, this bill would impose a state-mandated local program. This bill would exempt a county or an employee or agent of a county from civil or criminal liability for any action by a respondent in the CARE process, except when an act or omission constitutes gross negligence, recklessness, or willful misconduct. Existing law, the Mental Health Services Act (MHSA) , an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Fund (MHSF) , a continuously appropriated fund, to fund various county mental health programs, including children's mental health care, adult and older adult mental health care, prevention and early intervention programs, and innovative programs. This bill would clarify that MHSA funds may be used to provide services to individuals under a CARE agreement or a CARE plan. (2) 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. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires health care service plans and insurers to provide coverage for medically necessary treatment of mental health and substance use disorders. Violation of the Knox-Keene Act by a health care service plan is a crime. This bill would require health care service plans and insurers to cover the cost of developing an evaluation for CARE process services and the provision of all health care services for an enrollee or insured when required or recommended for the person pursuant to a CARE plan, as specified, without cost sharing, except for prescription drugs, and regardless of whether the services are provided by an in-network or out-of-network provider. Because a violation of this requirement by a health care service plan would be a crime, this bill would impose a state-mandated local program. (3) Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant's mental competency is evaluated and by which the defendant receives treatment, with the goal of returning the defendant to competency. Existing law suspends a criminal action pending restoration to competency. This bill, for a misdemeanor defendant who has been determined to be incompetent to stand trial, would authorize the court to refer the defendant to the CARE process. (4) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (5) This bill would state that its provisions are severable. (6) This bill would incorporate additional changes to Section 1370.01 of the Penal Code proposed by SB 1223 to be operative only if this bill and SB 1223 are enacted and this bill is enacted last. (7) 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.