Existing law requires the Secretary of Food and Agriculture to examine persons who desire to become county agricultural commissioners or deputy county agricultural commissioners. Existing law requires the county agricultural commissioner to be responsible for local administration of enforcement and requires the secretary to be responsible for overall statewide enforcement, as provided. Existing law requires the secretary to furnish assistance in planning and otherwise developing an adequate county enforcement program, including uniformity, coordination, training, special services, special equipment, and forms, statewide publicity, statewide planning, and emergency assistance. This bill would authorize, upon the approval of a county board of supervisors, a county agricultural commissioner, or other designated agency, to establish within the county a livestock pass program for the purpose of issuing identification documents granting any qualifying livestock producer, as defined, or a managerial employee, as defined, of the qualifying livestock producer, access to the qualifying livestock producer's ranch property, or to the ranch property owned by another holder of a livestock pass with permission, during or following a flood, storm, fire, earthquake, or other disaster, as provided. To the extent this bill would impose a new duty on a county board of supervisors in approving the livestock pass program, the bill would impose a state-mandated local program. The bill would provide that access to specified areas may only be granted by the incident commander, a law enforcement official having jurisdiction, or their designee and that when access is granted by emergency response personnel other than the incident commander, the emergency response personnel shall notify incident command when they grant the livestock passholder access to the ranch property during a disaster. To the extent this bill would impose new notification duties on local officials, the bill would impose a state-mandated local program. The bill would require, on or before January 1, 2023, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for livestock producers eligible for this livestock pass program. Existing law authorizes specified law enforcement and public safety officers and professionals to close an area where a menace to the public health or safety is created by a calamity, including flood, storm, fire, earthquake, explosion, accident, or other disaster, as provided. This bill would provide that the above provision does not apply to an individual who holds a valid livestock pass identification document, except as provided. 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.
Sponsored bills
(1) Existing law defines rape as an act of sexual intercourse accomplished with a person not the spouse of the perpetrator under certain circumstances, including where the victim is incapable of giving legal consent because of a mental disorder or developmental or physical disability, where the victim is not aware of the essential characteristics of the act due to the perpetrator's fraudulent representation that the act serves a professional purpose, and where the victim submits to the act under the belief that the perpetrator is someone known to the victim other than the perpetrator, and the perpetrator intentionally and fraudulently induces that belief. Existing law separately defines rape of a spouse as an act of sexual intercourse accomplished with the spouse of the perpetrator under similar circumstances as nonspousal rape, except that spousal rape does not include acts of sexual intercourse accomplished under the specific circumstances described above. This bill would repeal the provisions relating to spousal rape and make conforming changes, thereby making an act of sexual intercourse accomplished with a spouse punishable as rape if the act otherwise meets the definition of rape, except that sexual intercourse with a person who is incapable of giving legal consent because of mental disorder or developmental or physical disability would not be rape if the 2 people are married. By changing the definition of a crime, this bill would impose a state-mandated local program. (2) Existing law authorizes an employer to request from the Department of Justice records of all convictions or any arrest pending adjudication for specified offenses for a person who applies for a license, employment, or volunteer position, in which the person would have supervisory or disciplinary power over a minor and requires the employer to notify the parent or guardian of a child if a person with specified convictions will have supervisory or disciplinary power over that child. Existing law exempts certain convictions, including spousal rape, from that notification requirement. This bill would remove the exemption for spousal rape or any other felony conviction and would instead exempt only misdemeanor convictions from that notification. The bill would make numerous conforming changes. (3) This bill would incorporate additional changes to Section 1103 of the Evidence Code proposed by AB 939 to be operative only if this bill and AB 939 are enacted and this bill is enacted last. (4) This bill would incorporate additional changes to Section 3044 of the Family Code proposed by SB 320 and AB 1579 to be operative only if this bill and SB 320, AB 1579, or both, are enacted and this bill is enacted last. (5) This bill would incorporate additional changes to Section 13956 of the Government Code proposed by SB 299 to be operative only if this bill and SB 299 are enacted and this bill is enacted last. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law establishes the Health Care Benefits Fund to support the University of California's implementation of the California Health Benefit Review Program. Existing law imposes an annual charge on health care service plans and health insurers for the 2017–18 to 2021–22 fiscal years, inclusive, as specified, to be deposited into the fund. Existing law prohibits the total annual assessment on health care service plans and health insurers from exceeding $2,000,000. Under existing law, the fund and the program became inoperative on July 1, 2020, and are repealed as of January 1, 2021. This bill would extend the operation of the program and the fund through July 1, 2027, and would authorize the continued assessment of the annual charge on health care service plans and health insurers for that purpose for the 2022–23 to 2026–27 fiscal years, inclusive. The bill would increase the allowable total annual assessment on health care service plans and health insurers to $2,200,000. The bill would also make a technical and conforming change. This bill would make these provisions inoperative on July 1, 2027, and would repeal it as of January 1, 2028. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.
Existing law creates, in the Labor and Workforce Development Agency, the Employment Development Department, which is vested with the duties, purposes, responsibilities, and jurisdiction with respect to job creation activities. The department is authorized to study and make recommendations as to actions that might tend to do several things, including, but not limited to, promoting the prevention of unemployment and the stabilization of employment, reducing and preventing unemployment, and establishing the most effective methods of providing economic security through all forms of social insurance. This bill would require the department to develop and, upon appropriation by the Legislature, implement a recession plan to prepare for an increase in unemployment insurance compensation benefits claims due to an economic recession. The bill would require the plan to detail how to respond to economic downturns with a predetermined strategy that has considered the full effect on the department's operations, and include, but not be limited to, identifying the lessons learned from previous economic downturns, identifying ways to improve self-serve services to avoid long wait times to speak to staff, and enhancing claims processing tools to ensure that the department's identity verification processes are as robust as possible. The bill would require the department to provide a copy of the recession plan to specified legislative committees and the Department of Finance by March 1, 2022, and to update the recession plan and provide a copy to specified legislative committees and the Department of Finance every 2nd year thereafter.
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.
(1) Existing law establishes the Multifamily Housing Program administered by the Department of Housing and Community Development. Existing law requires assistance for projects under the program to be provided in the form of deferred payment loans to pay for eligible costs of the development, as provided. Existing law also requires that funds appropriated in the 2020 Budget Act or an act related to the 2020 Budget Act, including moneys received from the Coronavirus Relief Fund established by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, to provide housing for individuals and families who are experiencing homelessness or who are at risk of homelessness and who are impacted by the COVID-19 pandemic, be disbursed in accordance with the Multifamily Housing Program for specified uses, and provides that the above-described deferred payment loan requirement under the program does not apply to assistance provided pursuant to these provisions, as specified. Existing law, the Veterans Housing and Homeless Prevention Act of 2014, requires the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs to establish and implement programs that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness, as specified. In this regard, existing law requires those departments to establish and implement programs that, among other things, prioritize projects that combine housing and supportive services. Existing law, the No Place Like Home Program, as ratified and amended by Proposition 2, which was approved by the voters at the November 6, 2018, statewide general election, provides funding to provide permanent supportive housing for the target population, which is defined to include individuals who have a serious mental disorder and who are homeless, chronically homeless, or at risk of chronic homelessness. Existing law authorizes the Legislature to amend Proposition 2 by a 23 vote, so long as the amendment is consistent with and furthers the intent of that measure. This bill would require, beginning January 1, 2023, that a grantee or entity operating specified state homelessness programs, including the No Place Like Home Program, as a condition of receiving state funds, to enter Universal Data Elements and Common Data Elements, as defined by the United States Department of Housing and Urban Development Homeless Management Information System Data Standards, on the individuals and families it serves into its local Homeless Management Information System, unless otherwise exempted by state or federal law. The bill would require the Homeless Coordinating and Financing Council to specify the format and disclosure frequency of the required data elements. The bill would apply the data entry requirements to all new state homelessness programs that commence on or after July 1, 2021. The bill would require the Homeless Coordinating and Financing Council to provide technical assistance and guidance to any grantee or entity that operates a program subject to the bill, if the grantee or entity does not already collect and enter into the local Homeless Management Information System the data elements required. The bill would require the Homeless Coordinating and Financing Council to provide the aggregate data summaries collected under these provisions to specified state agencies or departments within 45 days of receipt, as specified. Existing law creates the Homeless Coordinating and Financing Council and requires it, among other things, to create a statewide data system or warehouse that collects local data through Homeless Management Information Systems, with the ultimate goal of matching data on homelessness to programs impacting homeless recipients of state programs. This bill would specify that the statewide data storage system described above be known as the Homeless Data Integration System and would grant staff of the Homeless Coordinating and Financing Council specified powers in regard to its operation. The bill would require that a continuum of care, as defined in federal law, provide collected data elements, including health information, as specified, to the Homeless Data Integration System, and would except health information and personal identifying information from disclosure to the public. By imposing new duties on local entities to provide information to the state, this bill would create a state-mandated local program. (2) Existing law authorizes the Legislature to amend Proposition 2 by a 23 vote, so long as the amendment is consistent with and furthers the intent of that measure. The bill would state the findings of the Legislature that these provisions are consistent with, and further the intent of, the No Place Like Home Act. (3) 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. 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. (4) This bill would incorporate additional changes to Sections 8256 and 8257 of the Welfare and Institutions Code proposed by AB 1220 to be operative only if this bill and AB 1220 are enacted and this bill is enacted last.
Existing federal law sets forth policies and procedures governing the acquisition of land by the United States in trust status for specified individuals and tribes. Existing federal law requires the Secretary of the Interior to notify the state and local governments having regulatory jurisdiction over the land to be acquired, and authorizes the state or local government to provide written comments as to the acquisition's potential impacts on regulatory jurisdiction, real property taxes, and special assessments. Existing law enumerates powers and duties common to cities, counties, and other agencies. This bill would encourage state and local governments, as defined, to work cooperatively with tribes in their fee-to-trust applications for purposes of regaining ancestral lands, and to support tribes in their nongaming fee-to-trust applications. The bill would prohibit local governments from adopting or enforcing a resolution or ordinance that would prevent the local government from conducting a fair evaluation of a fee-to-trust application by a federally recognized tribe based on the merits of the application. The bill would require a local government that opposes an application to (1) request, by certified mail to the tribe, within 10 days of the notice of the application from the federal government, information on the economic benefits to the local government from both the project that is the subject of the application, if applicable, and the tribe's economic contribution to the local jurisdiction in the last 5 years, and (2) if the tribe provides the information within 10 days of the local government's request, to include that information in any opposition letter or other document submitted to the federal government, as specified. By requiring additional duties by local governments, 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.
Existing law requires the operator of a private detention facility, as defined, to comply with, and adhere to, the detention standards of care and confinement agreed upon in the facility's contract for operations, as specified. This bill would require a private detention facility operator to comply with, and adhere to, all local and state public health orders and occupational safety and health regulations. The bill would state that its provisions are declaratory of existing law. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law requires the Office of the State Foster Care Ombudsperson to be established in the State Department of Social Services with prescribed powers and duties relating to the management of foster children, including the dissemination of information on the rights of children and youth in foster care. Existing law requires the Director of Social Services, in consultation with a committee of interested individuals chosen by the director, to appoint the ombudsperson for a term of 4 years. Under existing law, the office is required to keep information obtained by the office from a complaint confidential. This bill would define "foster care" for purposes of the ombudsperson's duties to include voluntary or governmental placements in certain residential facilities, with a resource family, or with a family pending approval as a resource family, or placement pursuant to a juvenile court order, as specified. The bill would revise existing selection requirements for the position. The bill would also require the ombudsperson, in the performance of the duties and for the duration of the appointment, to be independent and would prohibit the ombudsperson, in exercising discretion, from being directly or indirectly controlled, supervised, or directed by the director. The bill would prohibit removal of the ombudsperson from their office for exercising their independence and discretion in furtherance of their duties and powers, and would set forth criteria for replacement of the ombudsperson in the event of a vacancy in the office. The bill would require the ombudsperson to maintain confidentiality with respect to the identities of the complainants or witnesses coming before the ombudsperson, except as specified. The bill would authorize the office to establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings. The bill would authorize the ombudsperson to access and inspect premises within the control of a state or local agency or a contractor with a state and local agency, and access and inspect a licensed or approved children's residential facility, as specified, for the purpose of carrying out the duties of the office. (2) Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. This bill would prohibit the ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding. Because this prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a ⅔ vote of the Legislature. The bill would also immunize the ombudsperson and any representative of the office from liability for exercising the investigative, complaint resolution, and technical assistance functions of the office, as specified. (3) Existing law requires a toll-free telephone number to be established for the office and requires social workers to provide foster children with that telephone number and verbal or written information regarding the existence and purpose of the office. This bill would require probation officers, as well as social workers, to provide foster children with the toll-free telephone number and additional information. By expanding the duties of probation officers, this bill would impose a state-mandated local program. 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. (4) This bill would incorporate additional changes to Section 16164 of the Welfare and Institutions Code proposed by AB 1140 to be operative only if this bill and AB 1140 are enacted and this bill is enacted last. (5) 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 Disaster Preparedness and Flood Prevention Bond Act of 2006, approved by the voters as Proposition 1E at the November 7, 2006, statewide general election, authorizes the issuance of bonds in the amount of $4,090,000,000 for the purposes of financing disaster preparedness and flood prevention projects. The act makes $300,000,000 of that amount available, upon appropriation to the Department of Water Resources, for grants for stormwater flood management projects, as specified. Existing law appropriates $300,000,000 to the department for those purposes and requires those funds to be available for encumbrance until June 30, 2020, and for liquidation until June 30, 2023. This bill would instead make those funds that were appropriated to the department and allocated to the City of Escondido for use on the Lake Wohlford Dam project available for liquidation until June 30, 2028, if the City of Escondido uses a skilled and trained workforce for the Lake Wohlford Dam project. By extending the period of time in which funds encumbered under an existing appropriation may be liquidated, the bill would make an appropriation. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego.