Asm. Laurie Davies

Existing law requires applicants to be married to first appear together in person before the county clerk to obtain a marriage license. Existing law does not require a particular form for the ceremony to solemnize a marriage, but requires the parties to declare, in the physical presence of the person solemnizing their marriage and necessary witnesses, that they take each other as spouses. Existing law requires the person solemnizing the marriage to return an endorsed marriage license to the county recorder of the county in which the license was issued. Existing law authorizes a member of the Armed Forces of the United States who is stationed overseas and serving in a conflict or a war and is unable to appear for the licensure and solemnization of the marriage to enter into that marriage by the appearance of an attorney-in-fact. Existing law also authorizes a county clerk to issue a marriage license to the person solemnizing the marriage if either or both of the parties to be married are physically unable to appear in person before the county clerk, certain documentation requirements are met, and there is a sufficient reason for this procedure that includes proof of hospitalization, incarceration, or any other reason proved to the satisfaction of the county clerk. Existing executive orders delineate temporary procedures for obtaining a marriage license and solemnizing a marriage via videoconference, as specified. This bill would authorize, until January 1, 2024, a county clerk to issue a marriage license, including a confidential marriage license, or solemnize or witness a marriage ceremony using remote technology, as defined, except for the marriage of a minor. The bill would prescribe the procedures and requirements for marriage license applications, marriage license issuance, and the witnessing or solemnizing of the marriage ceremony using remote technology, including the requirement that the couple be in the same physical location in the State of California while using remote technology to solemnize their marriage. The bill would authorize a county clerk to require a couple to complete an affidavit affirming that they and each individual participating in a marriage solemnization using remote technology are physically present within the State of California, as required. The bill would prescribe signature and transmission procedures relating to remote marriage licenses, including authorizing transmission by United States mail, fax, or electronic means, as specified. The bill would authorize a county clerk to provide guidance relating to marriage license applications, marriage license issuance, and the witnessing or solemnizing of the marriage ceremony when the guidance relates to the use of their remote technology. The bill would also make a conforming change. This bill would declare that it is to take effect immediately as an urgency statute.

Existing federal law provides for the federal Supplemental Nutrition Assistance Program, known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing law requires the eligibility of households to be determined to the extent permitted by federal law. Existing law establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges under the administration of the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in this state. Existing law requires each campus of the California State University and the California Community Colleges, and requests each campus of the University of California, to include on the internet website-based account for an enrolled student notification of, and a link to information on, specified public services and programs, including the CalFresh program. This bill would, as a part of campus orientation, require the Trustees of the California State University and request the Regents of the University of California to provide, for all campuses of their respective segments, and require each campus of the California Community Colleges to provide, educational information about CalFresh and the student eligibility requirements for CalFresh to all incoming students. To the extent that the bill would impose new duties on community college districts, it would constitute 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, commencing on January 1, 2023, prohibits a state agency from sending any outgoing United States mail that contains an individual's social security number unless the number is truncated to its last 4 digits or in specified circumstances, including when federal law requires inclusion of the social security number or when documents are mailed to a current or prospective state employee. This bill would instead require state agencies, as soon as is feasible, but no later than January 1, 2023, to stop sending any outgoing United States mail to an individual that contains the individual's social security number unless the number is truncated to its last four digits, except in specified circumstances. This bill would declare that it is to take effect immediately as an urgency statute.

The Davis-Stirling Common Interest Development Act governs the formation and operation of common interest developments and generally provides for the election and removal of directors of the board by secret ballot. Existing law provides for director nominees to be considered elected by acclamation if the number of director nominees is not more than the number of vacancies to be elected, the association includes 6,000 or more units, the association provides individual notice of the election at least 30 days before the close of the nominations, and the association permits all candidates to run if nominated, except as specified. This bill would instead authorize the association to consider qualified candidates elected by acclamation if specified conditions are met, including that the association has held a regular election for the directors in the last 3 years, as specified; the association provided individual notice of the election and procedures for nominating candidates at least 90 days before the deadline for submitting nominations, and a reminder notice between 7 and 30 days before the deadline for submitting nominations, as specified; and the association board votes to consider the qualified candidates elected by acclamation at a meeting held in accordance with specified requirements. The bill would revise the requirement that the association permit all candidates to run if nominated to instead require that the association so permit except for nominees disqualified from running as allowed or required pursuant to specified law. The bill would delete the requirement in the acclamation procedures that the association include 6,000 or more units. The bill would specify that these procedures apply notwithstanding any contrary provision in the governing documents of the common interest development. This bill would incorporate additional changes to Section 5103 of the Civil Code, as added by this bill, proposed by SB 432, to be operative only if this bill and SB 432 are enacted.

Existing law requires the Governor to proclaim certain days each year for specified reasons. This bill would designate August 26 of each year as California Farmworker Day, and require the Governor to annually proclaim August 26 as California Farmworker Day. The bill would make legislative findings in this regard.

Existing law establishes an address confidentiality program for victims of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, commonly known as the Safe at Home program, under which an adult person, or a guardian on behalf of a minor or an incapacitated person, states that they are a victim of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, and designates the Secretary of State as the agent for service of process and receipt of mail. Under existing law, when the Secretary of State certifies the person as a program participant, the person's actual address is confidential. Commencing January 1, 2023, this bill would require the Secretary of State to make the application form for participation in the program and various notices required under the program available in specified languages and to maintain certain information relating to the program on the secretary's internet website, including, among other things, the contact information for community-based programs that can assist a person in applying to participate in the program. The bill would also require the Judicial Council, by January 1, 2023, to amend a form relating to domestic violence restraining orders to include information relating to the program and to make that form available in specified languages. The bill would also authorize both the Secretary of State and the Judicial Council to produce the above materials in any other language.

Existing law requires the State Department of Health Care Services to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law requires a licensee to develop a plan to address when a resident relapses, including when a resident is on the licensed premises after consuming alcohol or using illicit drugs. This bill would require a licensee, at all times, to maintain at least 2 unexpired doses of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, on the premises and have at least one staff member on the premises who knows the specific location of the naloxone hydrochloride, or other opioid antagonist, and who has been trained to administer it, as specified. The bill would prohibit a trained staff member from being held civilly or criminally liable for the administration, in good faith, of naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for the treatment of an opioid overdose, to a person appearing to experience an opioid-related overdose. The bill would specify that the administration of naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for the treatment of an opioid overdose, is an emergent care required in the case of a life-threatening emergency for purposes of the medical or health care services a licensed facility may provide. The bill would require the department to adopt regulations to implement these provisions on or before July 1, 2024.

Existing law, the California Fair Employment and Housing Act (FEHA) , establishes the Department of Fair Employment and Housing within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law grants the department the power to receive, investigate, conciliate, mediate, and prosecute complaints alleging unlawful employment practices. Existing law, the Moore-Brown-Roberti Family Rights Act, commonly known as the California Family Rights Act, which is a part of FEHA, makes it an unlawful employment practice for an employer, as defined, to refuse to grant a request by an eligible employee to take up to 12 workweeks of unpaid protected leave during any 12-month period for family care and medical leave, as specified. Existing law defines family care and medical leave to include, among other things, leave to care for a parent. This bill would additionally include leave to care for a parent-in-law within the definition of family care and medical leave, and would make other conforming changes. Existing law requires the department to create a small employer family leave mediation pilot program, for alleged violations of these family care and medical leave provisions, applicable to employers with between 5 and 19 employees. Existing law authorizes the employer or the employee to request that all parties participate in mediation through the department's dispute resolution division after the department issues a right-to-sue notice. Existing law requires the department to initiate the mediation promptly following a request, prohibits an employee from pursuing a civil action until the mediation is complete, and tolls the statute of limitations for the employee, including for all related claims not subject to mediation, from the date of receipt of a request to participate in the program until the mediation is complete. Existing law repeals the pilot program on January 1, 2024. This bill would recast those provisions to require the department, when an employee requests an immediate right to sue alleging a violation of the above-described family care and medical leave provisions by an employer, to notify the employee in writing of the requirement for mediation prior to filing a civil action, if mediation is requested by the employer or employee. The bill would also require the employee to contact the department's dispute resolution division, in the manner specified by the department, prior to filing an action and to indicate whether they are requesting mediation. This bill would require the department, upon contacting the dispute resolution division regarding the intent to pursue a legal action for an employer's violation of the family and medical leave provisions, to notify all named respondents of the alleged violation and the requirement for mediation, if mediation is requested by the employee or employer, in writing. The bill would require the department to terminate its activity if neither the employee nor the employer requests mediation within 30 days of receipt by all named respondents of the notification, as specified. The bill would require the department, if it receives a request for mediation from the employer or employee within 30 days of receipt, as described above, to initiate the mediation within 60 days of the department's receipt of the request or the receipt of the notification by all named respondents, whichever is later. The bill would require the mediator, once mediation has been initiated and no later than 7 days before the mediation date, to notify the employee of their right to request certain labor-related information and to help facilitate other reasonable requests for information, as specified. The bill would prohibit the employee from pursuing a civil action unless the mediation is not initiated by the department within the time period prescribed above or until the mediation is complete or deemed unsuccessful. The bill would toll the statute of limitations applicable to the employee's claim from the date the employee contacts the department's dispute resolution division regarding the intent to pursue a legal action until the mediation is complete or deemed unsuccessful. This bill would entitle a respondent or defendant in a civil action that did not receive the required notification as a result of the employee's failure to contact the department's alternative dispute resolution prior to filing a civil action and who had 5 to 19 employees at the time that the alleged violation occurred, to a stay of any pending civil action or arbitration until the mediation is complete or deemed unsuccessful. This bill would incorporate additional changes to Section 12945.2 of the Government Code proposed by AB 1041 to be operative only if this bill and AB 1041 are enacted and this bill is enacted last.

Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law defines a board meeting as a congregation, as provided, or a teleconference, as provided. Existing law requires, among other things, a board meeting held by teleconference to identify at least one physical location so that members of the association may attend, except as provided. This bill would establish alternative teleconferencing procedures for a board meeting or a meeting of the members if gathering in person is unsafe or impossible because the common interest development is in an area affected by a federal, state, or local emergency. The bill would also make a conforming change. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law authorizes an elder or dependent adult who has suffered abuse, or another person who is legally authorized to seek that relief on behalf of that elder or dependent adult, to seek a protective order and governs the procedures for issuing that order. Existing law defines protective order for purposes of these provisions to include an order enjoining a party from specified forms of abuse, including attacking, stalking, threatening, or harassing an elder or dependent adult, an order excluding a party from the elder or dependent adult's residence, or an order enjoining a party from specified behavior that the court determines is necessary. This bill would include within the definition of protective order an order enjoining a party from isolating an elder or dependent adult. The bill would require certain requirements to be met for that order to be issued, including a showing by a preponderance of the evidence that the respondent's past act or acts of isolation of the elder or dependent adult prevented contact with the interested party and that the elder or dependent adult desires contact with the interested party, as specified. The bill would authorize the order to specify the actions to be enjoined, including enjoining the respondent from preventing an interested party from in-person or remote online visits, including telephone and online contact, with the elder or dependent adult. The bill would also include within the definition of protective order after notice and a hearing, a finding that specific debts were incurred as the result of financial abuse of the elder or dependent adult, as specified. The bill would make those provisions operative January 1, 2023. The bill would require the Judicial Council to revise or promulgate forms as necessary to implement those changes on or before February 1, 2023.