Asm. Mike Gipson

Existing law authorizes the state, a local or regional public fire agency, or a local or regional law enforcement agency to establish a peer support and crisis referral program to provide a network of peers available to aid fellow emergency services or law enforcement personnel on emotional or professional issues. Existing law authorizes emergency services or law enforcement personnel to refuse to disclose, and to prevent another from disclosing, a confidential communication between them and a peer support team member, crisis hotline staff member, or crisis referral service, except under limited circumstances, including in a criminal proceeding. Under existing law, a person providing peer support services, as specified, and the agency that employs that person are not liable for damages, except in an action for medical malpractice, relating to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct. This bill would authorize the Department of Corrections and Rehabilitation to establish a peer support and crisis referral program until January 1, 2024. The bill would extend the above-described confidentiality protections to correctional personnel who participate in a peer support and crisis referral program and would extend the above-described liability protections to the department and correctional employees who are peer support team members. The bill would require the department to establish a peer support advisory committee to advise, assist, support, and advocate for the program, and to establish a selection panel to screen and process applications, interviews, and member selection for the committee.

(1) The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill, for taxable years beginning on or after January 1, 2021, and before January 1, 2026, would allow a credit against those taxes to a taxpayer that is transferred, and allocated, credits pursuant to the sale of a multifamily rental housing development or mobilehome park to a qualified developer, as defined, that has received a credit reservation from the California Tax Credit Allocation Committee, in specified amounts. The bill would require the credits to be reserved on a first-come-first-served basis. The bill would limit the aggregate amount of credit that may be allocated by the committee, as provided. The bill would also provide that the credit amount shall be $0 for each taxable year beginning on or after January 1, 2021, and before January 1, 2026, unless otherwise specified in a bill providing for appropriations related to the Budget Act. (2) Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new income tax credit. (3) This bill would take effect immediately as a tax levy.

This measure would proclaim March 15, 2020, to March 22, 2020, as California Down Syndrome Awareness Week and March 21, 2020, as California Down Syndrome Day, and would encourage all Californians to support and participate in related activities.

This measure would recognize June 19, 2020, as Juneteenth and would urge the people of California to join in celebrating Juneteenth as a day to honor and reflect on the significant role that African Americans have played in the history of the United States and how they have enriched society through their steadfast commitment to promoting unity and equality.

(1) The Personal Income Tax Law and the Corporation Tax Law allow credits against the taxes imposed under those laws. Existing law allows an earned income tax credit under the Personal Income Tax Law, beginning on or after January 1, 2015, in modified conformity with federal income tax laws. This bill would allow a small business or a nonprofit organization impacted by the COVID-19 pandemic, as those terms are defined, an earned income tax credit for each taxable year beginning on and after January 1, 2020, in an amount equal to 20% of the taxpayer's annual revenue. The bill would specify that the credit is only operative for taxable years for which the Legislature appropriates from the General Fund to the Franchise Tax Board moneys to administer the credit. The Personal Income Tax Law and the Corporation Tax Law also allow a credit against the taxes imposed under those laws, for each taxable year beginning on and after January 1, 2014, and before January 1, 2030, in an amount as provided in a written agreement between the GO-Biz and the taxpayer, agreed upon by the California Competes Tax Credit Committee, and based on specified factors, including the number of jobs the taxpayer will create or retain in the state and the amount of investment in the state by the taxpayer. This bill would, upon appropriation by the Legislature from the General Fund to the GO-Biz to administer this provision, require GO-Biz, when determining whether to enter into a written agreement with a taxpayer for allocation periods beginning with the 2020–21 fiscal year, to consider the overall economic impact in this state of the COVID-19 pandemic to the taxpayer's project or business. (2) Existing law establishes the Office of Small Business Advocate within the Governor's Office of Business and Economic Development, also known as GO-Biz, and prescribes the duties and functions of the Small Business Advocate, who is also the Director of the Office of Small Business Advocate. Among these duties, the director is to serve as the principal advocate in the state on behalf of small businesses and to represent the views and interests of small businesses before other state agencies whose policies and activities may affect small businesses. This bill would require, upon appropriation by the Legislature from the General Fund, the Small Business Advocate to convene a task force to research and provide a report to the Legislature, on or after the effective date of this bill, regarding the regulations or regulatory areas that most negatively impact small businesses in the state. (3) Existing law creates the Department of Human Resources, which succeeds to and is vested with all of the powers and duties exercised and performed by the Department of Personnel Administration. Existing law specifically grants the department the powers, duties, and authority necessary to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Existing law requires the State Personnel Board to prescribe rules consistent with a merit-based civil service system to govern classification, examinations, probationary periods, disciplinary actions, and other matters related to the board's authority under the California Constitution. This bill would require the State Personnel Board to prescribe rules to include as a factor for recruitment, outreach, and hiring whether the person can demonstrate that they have become unemployed due to the COVID-19 pandemic, as provided. (4) Existing law establishes in the Natural Resources Agency the Department of Forestry and Fire Protection. Under existing the law, the department is responsible for, among other things, the fire protection, fire prevention, maintenance, and enhancement of the state's forest, range, and brushland resources, and for maintaining an integrated staff to accomplish, among other things, fire protection and fire prevention activities as needed. Existing law requires the department, in accordance with a plan approved by the State Board of Forestry and Fire Protection, to, among other things, provide fire prevention and firefighting implements and apparatus, organize fire crews and patrols, and employ people to effect the plan. This bill would, upon appropriation by the Legislature, require the department to establish new, or expand existing, entry-level positions within the department that are aimed at reducing and mitigating wildfire risk and to give priority, in hiring for these positions, to applicants who have lost their jobs due to the novel coronavirus, known as COVID-19, pandemic. (5) Existing law establishes the California Conservation Corps and requires that young people participating in the corps program generally be engaged in projects that, among other things, preserve, maintain, and enhance environmentally important lands and waters. Existing law authorizes the Director of the California Conservation Corps to adopt criteria for selecting applicants for enrollment in the corps program. This bill would authorize, notwithstanding any other law, a person who is over 25 years of age to serve as a corpsmember, require priority, in the selection of any corpsmember, to be given to applicants who have lost their jobs because of the novel coronavirus, known as COVID-19, pandemic, and require corpsmembers who join the corps because they lost their jobs due to the COVID-19 pandemic to be paid at least minimum wage pursuant to existing law. The bill would require these provisions to be implemented only upon appropriation by the Legislature. (6) Existing law establishes the Office of Statewide Health Planning and Development in the California Health and Human Services Agency. The office is vested with all the duties, powers, purposes, responsibilities, and jurisdiction of the State Department of Public Health relating to health planning and research development. Existing law establishes various scholarship and training programs that are managed by the office to improve access to health care. These programs include, among others, the Steven M. Thompson Physician Corps Loan Repayment Program, which provides for the repayment of prescribed educational loans obtained by a physician and surgeon who practices in a medically underserved area of the state. Existing law also requires the office to establish a nonprofit public benefit corporation known as the Health Professions Education Foundation to perform various duties with respect to implementing health professions scholarship and loan programs. This bill would establish, upon appropriation by the Legislature, the Health Profession Economic Recovery Program to be administered by the office. The bill would require the program to accomplish various goals, including expanding the number of primary care physician and psychiatry residency positions and expanding and strengthening programs to recruit and prepare students from underrepresented and low-income backgrounds for health careers. (7) Existing law authorizes a person or gleaner engaged in the business of processing, distributing, or selling an agricultural product to donate, free of charge, a product that is in a condition that it may be used as food for human consumption to a nonprofit charitable organization within the state. For this purpose, existing law authorizes the Secretary of Food and Agriculture to divert agricultural products to nonprofit organizations, including food banks, and authorizes the board of supervisors of a county to establish a surplus food collection and distribution system. In order to qualify as a food bank, existing law requires an organization to meet certain minimum standards. This bill would require the Department of Food and Agriculture, upon appropriation by the Legislature from the General Fund, to create a grant program to provide grants to food banks to contract labor to harvest produce from farms willing to donate produce and to transport the produce to the food bank for distribution to the public. (8) Under existing law, the Department of Housing and Community Development Department administers various grant programs to local governments to fund housing and community development projects. This bill would require the department, upon appropriation by the Legislature from the General Fund, to create a grant program to award grants to local governments for shovel-ready housing and community development projects. (9) Existing law vests the Department of Transportation with full possession and control of the state highway system and associated property. Existing law provides various sources of funding to local governments for transportation projects and operations. This bill would require the department, upon appropriation by the Legislature from the General Fund, to create a grant program to award grants to local governments for shovel-ready transportation projects. (10) The Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 establishes a program of seismic safety building standards for certain hospitals. The act requires the office to observe the construction of, or addition to, a hospital building or the reconstruction or alteration of a hospital building, as it deems necessary to comply with the act for the protection of life and property. This bill would establish, upon appropriation by the Legislature, the Economic Recovery Seismic Retrofitting Program to be administered by the office. The bill would require the office to provide loans to hospitals to fund seismic retrofit construction, as defined. The bill would also establish the Economic Recovery Seismic Retrofitting Program Fund to fund loans made under the program.

Existing law authorizes a life or disability income insurer to decline a life or disability income insurance application or enrollment request on the basis of positive test results from certain tests, known as the ELISA test and the Western Blot Assay, that detect antibodies to the human immunodeficiency virus (HIV) , performed by or at the direction of the insurer. This bill, to become operative January 1, 2023, would instead prohibit an insurer from declining an application or enrollment request for coverage under a policy or certificate for life insurance or disability income insurance based solely on the results of a positive HIV test, regardless of when or at whose direction the test was performed. However, the bill would not prevent or restrict an insurer from refusing to insure an applicant that is HIV positive, limiting the amount, extent, or kind of coverage for an applicant that is HIV positive, or charging a different rate to an applicant that is HIV positive, if the refusal, limitation, or charge is based on sound actuarial principals and actual or reasonably anticipated experience. The bill would define "HIV test" for purposes of these provisions to mean any clinical test, laboratory or otherwise, used to identify HIV, a component of HIV, or antibodies or antigens to HIV. Existing law imposes a civil penalty on a person who negligently or willfully discloses results of an HIV antibody test to any third party, except pursuant to written authorization or informed consent, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply. Under existing law, the penalty for a negligent violation of those provisions is civil penalty in an amount not to exceed $1,000 plus court costs, and the penalty for a willful violation of those provisions is a civil penalty in an amount not less than $1,000 and not more than $5,000 plus court costs. If the negligent or willful disclosure results in economic, bodily, or psychological harm to the subject of the test, existing law makes the person guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, by a fine not to exceed $10,000, or by both that fine and imprisonment. Existing law defines "HIV antibody test" for these purposes to mean an ELISA test or a Western Blot Assay, or both. This bill would eliminate the references to HIV antibody test for purposes of those civil and criminal penalty provisions and instead would impose penalties for the negligent, willful, or malicious disclosure of results of an HIV test, as defined above. The bill would increase the civil penalty for a negligent violation of those provisions to an amount not to exceed $2,500 plus court costs and would increase the civil penalty for a willful violation of those provisions to an amount not less than $5,000 and not more than $10,000 plus court costs. The bill would impose the same civil penalty for a malicious violation of those provisions as is provided for the willful violation. The bill would also increase the amount of the fine that may be imposed for a misdemeanor violation of those provisions to an amount not to exceed $25,000. By changing the definition of a crime, the bill would impose a state-mandated local program. The bill would make conforming changes. 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 California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would, until January 1, 2029, exempt from environmental review under CEQA certain activities approved by or carried out by a public agency in furtherance of providing emergency shelters, supportive housing, or affordable housing, as each is defined. The bill would require a lead agency that determines to carry out or approve an activity that is within this CEQA exemption to file a notice of exemption, as specified. Because this bill would impose additional duties on local lead agencies to determine if the exemption applies and, if so, to file a notice of exemption, this 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, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law requires the commission to establish a 10-member Gaming Policy Advisory Committee composed of representatives of controlled gambling licensees and members of the general public. Existing law requires the executive director of the commission to convene the committee, from time to time, for the purpose of discussing matters of controlled gambling regulatory policy and any other relevant gambling-related issue. This bill would require the executive director to convene the committee at least twice annually, rather than from time to time, for the purpose of discussing those gambling policy matters and any other relevant gambling-related issue.

(1) For purposes of state apportionments to public schools, if the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of a specified event, including an epidemic, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school the total average daily attendance that would have been credited had the emergency not occurred. This bill would revise the above-described triggering event to be an epidemic, pandemic, or outbreak of infectious disease, and would provide that the various specified triggering events apply to decreases in average daily attendance due to illness, quarantine, social isolation, and social distancing, absences taken as preemptive measures, independent study and distance learning requests, and pupils who are absent due to quarantine, but cannot provide the appropriate documentation. Existing law requires each school district or county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil, as defined, one nutritionally adequate free or reduced-price meal during each schoolday, and authorizes them to use funds made available through any federal or state program the purpose of which includes the provision of meals to a pupil. The Charter Schools Act of 1992 requires a charter school to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each schoolday, except as provided. This bill would require each school district or county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, to continue to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each day that, had it not been declared a state of emergency or a major disaster, would have been considered a schoolday, except for family daycare homes that are required to be reimbursed for 75% of the meals served. The bill would require a charter school also to continue to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each day that, had it not been declared a state of emergency or a major disaster, would have been considered a schoolday. The bill would require meals to be distributed, with an option to deliver to the home of each needy pupil, in a manner that complies with local, state, and federal agency guidelines regarding the declared state of emergency or major disaster. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. (2) Existing law establishes a procedure, known as an unlawful detainer action, that a landlord must follow in order to evict a tenant. A tenant is subject to an unlawful detainer action if the tenant continues to possess the property without permission of the landlord in specified circumstances, including when the tenant has violated the lease or rental agreement by defaulting on rent. A landlord commences an unlawful detainer action by filing and serving the defendant with a complaint. The California Emergency Services Act authorizes the Governor to declare a state of emergency, and local officials and local governments to declare a local emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist, and authorizes the Governor or the appropriate local government to exercise certain powers in response to that emergency. This bill would, during a state-declared state of emergency, establish a moratorium of the collection of rent from a tenant that is a small business and a moratorium on the filing of an unlawful detainer action due to a default in the payment of rent against a small business, as defined. (3) Under the Small Business Financial Assistance Act of 2013, the California Infrastructure and Economic Development Bank, within the Governor's Office of Business and Economic Development, administers specific programs relating to small business, either administered directly by the bank or under contract with small business financial development corporations. This bill would require the California Infrastructure and Economic Development Bank, during a state-declared public health state of emergency or a prolonged medical emergency or natural disaster, to provide zero-interest rate loans directly to small businesses and nonprofit organizations affected by the emergency or disaster, as specified, from the California Small Business Expansion Fund, a continuously appropriated fund. The bill would require the bank to establish an application process and a selection criteria for the loans awarded pursuant to these provisions. (4) Under existing law, the Healthy Workplaces, Healthy Families Act of 2014, an employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days, as specified. Existing law requires an employee to accrue paid sick days at the rate of not less than one hour per every 30 hours worked subject to specified use and accrual limitations. This bill, in the event of a state-declared public health state of emergency, including the COVID-19 pandemic, would provide each employee with paid sick days for immediate use, regardless of how long the employee has been employed. The bill would provide a full-time salaried employee paid sick days in an amount sufficient to provide the employee with 14 continuous days away from work, and would provide a part-time or hourly employee with paid sick days in an amount equal to the number of hours that the employee was scheduled to work, or, if not scheduled to work, regularly works in a 14-day period, as specified. The bill would authorize an employee to use those paid sick days to care for a family member affected by the public health crisis, to care for a child because of a school closing related to the public health crisis, or because the employee has been affected by the public health crisis. This bill would, upon appropriation by the Legislature, require the Department of Industrial Relations to establish a program to provide paid sick days for family care and medical leave due to a public health crisis to independent contractors and day laborers. The bill would require the program to provide paid sick days in an amount equal to the number of hours that the independent contractor or day laborer was scheduled to work or, if not scheduled, regularly works in a 14-day period, as specified. The bill would require the department to establish an application process for independent contractors and day laborers to apply for the paid sick days provided under these provisions. (5) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, gas corporations, and water corporations. Existing law prohibits an electrical, gas, or water corporation from terminating residential service (A) during the pendency of an investigation by the utility of a customer or subscriber dispute or complaint, (B) when a customer has been granted an extension of the period for payment of a bill, or (C) on the certification of a licensed physician and surgeon that to do so will be life threatening to the customer and the customer is financially unable to pay for service within the normal payment period and is willing to enter into an amortization agreement with the utility with respect to all charges that the customer is unable to pay prior to delinquency. Existing law requires that a customer that meets the requirements of (C) , upon request, be permitted to amortize, over a period not to exceed 12 months, the unpaid balance of any bill asserted to be beyond the means of the customer to pay within the normal period for payment. Existing law requires that a residential customer who has, before termination of service, made a request for extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full within the normal period for payment, be given an opportunity for review of the request by a review manager of the utility and that the review include consideration of whether the customer will be permitted to amortize any unpaid balance of the delinquent account over a reasonable period of time, not to exceed 12 months. Existing law prohibits termination of the service of any customer complying with an amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent billing period. Existing law authorizes the furnishing of utility services by publicly owned entities that are subject to control by their governing bodies, including municipal corporations, municipal utility districts, and public utility districts. Existing law places restrictions upon a municipal corporation, municipal utility district, or public utility district that provides light, water, power, or heat from terminating service identical to those above-described restrictions that are applicable to electrical, gas, and water corporations. This bill would prohibit an electrical corporation, gas corporation, water corporation, municipal corporation, municipal utility district, or public utility district from terminating residential or small commercial electrical, gas, or water service for nonpayment for the first 3 billing cycles following a state of emergency or major disaster, as defined, for a customer that may have been affected by the emergency or major disaster, except in compliance with the bill's requirements. The bill would require those utilities, following a state of emergency or major disaster, to include a notice in the first 3 billing statements made to those residential and small commercial customers that may have been affected by the state of emergency or major disaster, informing those customers that if, as a result of conditions associated with the state of emergency or major disaster, the customer suffered financially and is unable to pay for service in full within the normal period for payment, the customer may apply for an amortization agreement or other extension, to pay the unpaid balance within a reasonable period of time, not to exceed 12 months. The bill would require the utility to grant an extension or amortization request if the residential or small commercial customer represents to the utility that the customer suffered financially as a result of the conditions associated with the state of emergency or major disaster and that as a result the customer is unable to pay for service in full within the normal period for payment. The bill would prohibit the utility from terminating the service of any customer complying with an amortization agreement or other extension, if the customer also keeps the account current as charges accrue in each subsequent filling period following the first 3 billing statements made following the state of emergency or major disaster. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because certain provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements with respect to an electrical, gas, or water corporation would be a crime, the bill would impose a state-mandated local program by creating a new crime. By placing additional requirements upon municipal corporations, municipal utility districts, and public utility districts, the bill would impose a state-mandated local program. (6) The Irrigation District Law authorizes the formation of irrigation districts and authorizes those districts to provide various utility services, including providing water service and the generation, transmission, distribution, and sale of electricity for use inside or outside the boundaries of the district. Existing law authorizes an irrigation district to refuse service to any land if outstanding charges for services already rendered to that land have not been paid within a reasonable time. Existing law authorizes the formation of municipal water districts, county water districts, and California water districts and authorizes those districts to adopt ordinances fixing the charges for the furnishing of commodities or services, to enforce district rules or regulations pertaining to the sale or distribution of water, and to petition the superior court for the issuance of an order stopping or disconnecting a service if the charges for that service are unpaid at the time specified in an ordinance, rule, or regulation. This bill would prohibit an irrigation district from terminating residential or small commercial electrical or water service, and would prohibit a municipal water district, county water district, or California water district from terminating residential or small commercial water service for nonpayment for the first 3 billing cycles following a state of emergency or major disaster for a customer that may have been affected by the emergency or major disaster, except in compliance with the bill's requirements, which are identical to the obligations and restrictions that the bill places upon an electrical corporation, gas corporation, water corporation, municipal corporation, municipal utility district, and public utility district. (7) This bill would declare that its provisions are severable. (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 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.