Asm. Sharon Quirk-Silva

Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires funding pursuant to the local control funding formula to include, in addition to a base grant, supplemental and concentration grant add-ons that are based on the percentage of pupils who are English learners, foster youth, or eligible for free or reduced-price meals, as specified, served by the county superintendent of schools, school district, or charter school. Existing law requires the State Board of Education to adopt regulations that govern the expenditure of funds apportioned pursuant to the supplemental and concentration grant add-ons. This bill would require each school district, county office of education, and charter school to identify unspent supplemental and concentration grant funds by annually reconciling and reporting to the State Department of Education its estimated and actual spending of those moneys. The bill would require unspent funds identified pursuant to these provisions to continue to be required to be expended to increase and improve services for unduplicated pupils, and would require each local educational agency to report the amounts of unspent funds identified in its local control and accountability plan. By imposing additional duties on local educational agencies, 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 law creates the Department of Human Resources, which is headed by the Director of the Department of Human Resources, and commits to the director the duty to administer and enforce the laws relating to personnel. Pursuant to this authority, the department prescribes rules regarding leave. Existing law creates the Department of Corrections and Rehabilitation and grants it jurisdiction over specified prisons and institutions. Existing law requires an open examination for the position of correctional officer, correctional program supervisor, and other custodial positions that normally afford entry into the department's service to include a demonstration of the physical ability to effectively carry out the duties and responsibilities of the position, as specified. This bill would require the Department of Corrections and Rehabilitation, in consultation with the Department of Human Resources, on or before January 1, 2021, to establish a policy pursuant to which a pregnant peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The bill would require the policy to include specified elements. The bill would require the Department of Corrections and Rehabilitation to carefully weigh any request for an alternate, light duty assignment and to base final determinations upon the employee's medical limitations or restrictions, the employee's classification, and the needs of the department. The bill would require the department to provide a publicly available report that contains the reasons for the denial of a request for an alternate, light duty assignment. The bill would require all denials, including the denial of an initial request that was later modified and granted, and denial of an extension of the duration of time during which a pregnant peace officer shall be permitted to perform an alternate, light duty assignment, to be submitted for review by the deputy director of facility support for the Division of Adult Institutions, Department of Corrections and Rehabilitation, as specified.

Existing law allows a court to issue an order restraining an individual from possessing a firearm for the duration of the order. Existing law allows the court to issue a temporary emergency gun violence restraining order on an ex parte basis if the possession of a firearm by the subject of the petition poses an immediate and present danger. Existing law requires a law enforcement officer who requests a temporary emergency gun violence restraining order to take certain steps, including filing a copy of the order with the court as soon as practicable after issuance. This bill would instead require the law enforcement officer to file a copy of the order with the court as soon as practicable, but not later than 3 court days, after issuance. Under existing law, a person who owns or possesses a firearm or ammunition with the knowledge that they are prohibited from doing so by a gun violence restraining order is guilty of a misdemeanor and shall be prohibited from having custody or control of, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a 5-year period, commencing upon the expiration of the existing gun violence restraining order. This bill would specify that this offense also applies to persons who are subject to certain gun violence restraining orders, as described, issued by an out-of-state jurisdiction. This bill would state that its provisions are severable. By expanding the application of an existing crime, 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 establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence. Existing law authorizes a court to issue an ex parte order enjoining a party from engaging in specified acts against another party, including threatening or harassing that party or disturbing their peace, and, in the discretion of the court, against other named family or household members. A violation of this court order constitutes contempt of court, which is punishable as a misdemeanor. This bill would define "disturbing the peace of the other party" as conduct that destroys the mental or emotional calm of the other party, as specified. The bill would provide that disturbing the peace of the other party includes coercive control, which is a pattern of behavior that unreasonably interferes with a person's free will and personal liberty and includes, among other things, unreasonably isolating a victim from friends, relatives, or other sources of support. Existing law requires a family court to determine the best interests of a child in deciding child custody in specified proceedings and establishes a rebuttable presumption that an award of child custody to a person who has perpetrated domestic violence is detrimental to the best interests of the child. Existing law defines "perpetrated domestic violence" to mean, among other things, that the person engaged in behavior for which the court may issue an ex parte order to protect the child or the person seeking custody of the child. By adding coercive control to the bases for the ex parte orders described above, the bill would, for purposes of a family court determining child custody in those proceedings, create a rebuttable presumption that an award of child custody to a party who has engaged in coercive control is detrimental to the best interests of the child. Because a violation of a court order constitutes contempt of court and is therefore a crime, by expanding the bases for the issuance of these ex parte orders, 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 makes it a crime to commit various acts of sexual assault, including sexual battery and rape. Existing law makes it a crime to possess or use various controlled substances or for a person who is under 21 years of age to purchase or consume alcohol, as specified. Existing law provides, with respect to specified proceedings or investigations regarding felony offenses, that if a person refuses to answer a question or produce evidence on the ground that the person may be incriminated and if the person is ordered to comply but would have been privileged to withhold the answer given or the evidence produced except for the order, the person shall not be prosecuted or subjected to any penalty or forfeiture for, or on account of, any fact or act concerning which the person was required to answer or produce evidence, except as specified. Under existing law, a district attorney or other prosecuting agency may request an order granting use immunity or transactional immunity to a witness compelled to give testimony or produce evidence. This bill would make the testimony of a victim or witness in a felony prosecution for a violation or attempted violation of specified crimes of sexual assault that states that the victim or witness, at or around the time of the violation or attempted violation, unlawfully possessed or used a controlled substance or alcohol inadmissible in a separate prosecution of that victim or witness to prove illegal possession or use of that controlled substance or alcohol. The bill would specify that evidence that the testifying witness unlawfully possessed or used a controlled substance or alcohol is not excluded from use in the felony prosecution for a violation or attempted violation of specified crimes of sexual assault. The bill would specify that evidence that a witness received use immunity for testimony is not excluded in the felony prosecution of a violation or attempted violation of specified crimes of sexual assault. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of each house of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. Because this bill would exclude from a criminal action a person's statement regarding their use of controlled substances or alcohol that would otherwise be admissible, it requires a 23 vote of each house of the Legislature.

Existing law provides for various public social services programs, including, among others, 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 also provides for various funding programs under which state agencies allocate or grant funding to specified entities for purposes of addressing various issues relating to homelessness. This bill would require a recipient, as defined, that receives state funds for specified CalWORKs programs related to homeless assistance, the Housing and Disability Income Advocacy Program, or state funds appropriated in the Budget Act of 2019 for a Whole Person Care pilot program, to submit a report containing specified information regarding the use of state funds to the appropriate agency. The bill would require the recipient to submit that report on a form and method provided by the agency annually. This bill would require every agency to post all reports received on its internet website within 30 days of receipt and provide notice of the posting to specified offices and committees of the Legislature. The bill would also require every agency to aggregate all reports received by October 1 of every year into one report and send the report to the Department of Finance by December 1 of every year, commencing with the year 2021. The bill would also require the Department of Finance to post the aggregated report on its internet website by December 31 of every year, commencing with the year 2021, in a manner that is easily accessible by the public and provide notice of the posting to the Legislature, as provided. By requiring counties to provide reports relating to CalWORKs, 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, 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.

(1) Existing law establishes various offices within the Governor's office with specified duties and responsibilities. This bill would create, within the Governor's office, the Office to End Homelessness, which would be administered by the Secretary on Homelessness appointed by the Governor. The bill would require that the office serve the Governor as the lead entity for ending homelessness in California and would task the office with coordinating homeless programs, services, data, and policies between federal, state, and local agencies, among other responsibilities. The bill would require the office to exercise various powers and duties, including, among others, making recommendations to the Governor and the Legislature regarding new state policies, programs, and actions on homelessness. The bill would require the office to be comprised of specified employees serving within the state civil service and to oversee and carry out the existing mandates of the Homeless Coordinating and Financing Council, as defined and described below. (2) Existing law requires the Governor to establish the Homeless Coordinating and Financing Council (referred to as "the coordinating council") and appoint up to 19 members of that council, including the Secretary of Business, Consumer Services, and Housing, or the secretary's designee, to serve as the chair of the coordinating council. Existing law requires that the coordinating council be under the direction of an executive director, who is under the direction of the Business, Consumer Services, and Housing Agency, and staffed by employees of that agency. This bill would require that the coordinating council be under the supervision of the Secretary on Homelessness of the Office to End Homelessness. The bill would further require that the Secretary on Homelessness, or the secretary's designee, serve as chair of the council in place of the Secretary of Business, Consumer Services, and Housing. The bill would also change the composition of the council by reducing the overall number of members to 13, replacing representatives of specified state agencies with directors and secretaries of those agencies, adding the Director of Public Health to the council membership, making certain positions part of an advisory committee to the council, and making other related changes. The bill would provide for the transfer of specified duties, powers, employees, assets, and liabilities of the Business, Consumer Services, and Housing Agency and the office of the Governor to the Office to End Homelessness with respect to the council, as specified. (3) Existing law authorizes the coordinating council to establish working groups, task forces, or other structures from within its membership or with outside members to assist it in its work. The Bagley-Keene Open Meeting Act requires, with specified exceptions for authorized closed sessions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The bill would provide that the Bagley-Keene Open Meeting Act does not apply to a meeting of a working group, task force, or other structure of the council if only a minority of the members of the council participate in that working group, task force, or other structure. The bill would specify that, except under those circumstances, the council and its meetings are subject to the act. (4) Existing law charges the coordinating council, among other duties, with the goal of creating a statewide data system or warehouse to match data on homelessness to programs impacting homeless recipients of state programs. This bill would require that statewide data system or warehouse to be known as the Homeless Data Integration System. The bill would require all Continuums of Care, as defined, which are currently operating in California, to provide collected data elements, as provided, to the Homeless Management Information System. The bill would prohibit any health information or personal identifying information provided to, or maintained within, that system from being subject to public inspection or disclosure under the California Public Records Act. (5) Existing law provides that the goals of the coordinating council include, among other things, creating partnerships among state agencies and departments, local government agencies, federal agencies, and specified other entities for the purpose of arriving at specific strategies to end homelessness. Existing law requires agencies and departments administering state programs, as defined, to collaborate with the coordinating council to adopt guidelines and regulations, or to revise existing guidelines and regulations, as applicable, to incorporate core components of Housing First, as defined. This bill would require, upon the request of the coordinating council, an agency or department that administers one or more state programs to furnish to the coordinating council any relevant information regarding those state programs. (6) 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. (7) This bill would incorporate additional changes to Section 8256 of the Welfare and Institutions Code proposed by SB 815 to be operative only if this bill and SB 815 are enacted and this bill is enacted last.

Existing law establishes the Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency, and requires the department to administer various housing programs throughout the state, including programs that address the needs of homeless individuals and families, and to review local ordinances for the design, development, and operation of homeless shelters in cities and counties that have declared a shelter crisis. Existing law also requires a state agency or department that funds, implements, or administers a state program that provides housing or housing-related services to people experiencing homelessness or at risk of homelessness to revise or adopt guidelines and regulations to incorporate the core components of Housing First, an evidence-based model that uses housing as a tool, rather than a reward, for recovery. This bill would declare that it is the policy of the state that every individual has the right to safe, decent, and affordable housing, and would require the policy to consider homelessness prevention, emergency accommodations, and permanent housing, as specified. The bill would, among other things, require all relevant state agencies and departments, including, but not limited to, the Department of Housing and Community Development, the State Department of Social Services, and the Office of Emergency Services to consider that state policy when revising, adopting, or establishing policies, regulations, and grant criteria when those policies, regulations, and criteria are pertinent to advancing the guidelines listed as core components of Housing First. The bill would make these provisions operative on January 1, 2026, and would make implementation of these provisions subject to an appropriation of funds in the annual Budget Act for these purposes.

The Teacher Housing Act of 2016 authorizes a school district to establish and maintain programs, as provided, that address the housing needs of teachers and school district employees who face challenges in securing affordable housing and requires a program established by the act to be restricted to teachers and school district employees. The act creates a state policy supporting housing for teachers and school employees, as provided, and permits school districts and developers in receipt of local or state funds or tax credits designated for affordable rental housing to restrict occupancy to teachers and school district employees on land owned by school districts. This bill would specify that the state policy created by the act includes permitting school districts to restrict occupancy on land owned by school districts to teachers and school district employees of the school district that owns the land, including permitting school districts and developers in receipt of tax credits designated for affordable rental housing to retain the right to prioritize and restrict occupancy on land owned by school districts to teachers and school district employees of the school district that owns the land, so long as that housing does not violate any other applicable laws. The bill would specify that a school district may allow local public employees or other members of the public to occupy housing created through the act, and would provide that the school district retains the right to prioritize school district employees over local public employees or other members of the public to occupy housing.

Existing law establishes the State Department of Public Health within the California Health and Human Services Agency. This bill would authorize the State Department of Public Health to establish the Office of Suicide Prevention within the department, would require the office to perform specified duties, including providing information and technical assistance to statewide and regional partners regarding best practices on suicide prevention policies and programs and reporting on progress to reduce rates of suicide, and authorize the office to apply for and use federal, state, and foundation grants. The bill would require the office to consult with the Mental Health Services Oversight and Accountability Commission to implement suicide prevention efforts. The bill would require that the duties and responsibilities of the office be accomplished with existing staff and resources. The bill would make these provisions operative subject to an appropriation for these purposes in the annual Budget Act or another statute.