Asm. Brian Maienschein

Existing law generally regulates the sale and transfer of firearms, including, among other requirements and subject to exceptions, that the transfer of a firearm be conducted through a firearms dealer. Existing law, subject to exceptions, imposes a 10-day waiting period for delivery of a firearm, during which time a background check is conducted by the Department of Justice to determine if the proposed recipient of the firearm is prohibited from owning or possessing a firearm. This bill would require the Department of Justice to develop and launch a secure internet-based platform to allow a person who resides in California to voluntarily add their own name to a registry that would advise a licensed behavioral health clinician of the person's attempt to purchase a firearm during the 10-day waiting period. The bill would, at the time of registration, require the registrant to list the email address of a licensed behavioral health clinician and would require the department, as soon as practicable but within the 10-day waiting period, to provide notice by email to the provided address that the registrant is in the process of purchasing a firearm, the registrant voluntarily added their name to the registry, and the purpose of the registry is for a third party to potentially intervene and prevent the registrant from purchasing a firearm.

(1) Existing law imposes liability upon a person who denies, aids or incites a denial, or makes any discrimination or distinction contrary to rights afforded by law, for actual damages suffered, exemplary damages, a civil penalty, and attorney's fees, as specified, to any person who was denied the specified rights. Existing law also imposes liability upon a person, firm, or corporation that denies or interferes with admittance to or enjoyment of public facilities or otherwise interferes with the rights of an individual with a disability, as specified, for damages and attorney's fees to a person who was denied those rights. Existing law establishes in state government the California Commission on Disability Access, which is required to provide information regarding preventing or minimizing problems of compliance by California businesses by providing educational services, including outreach efforts, and by preparing and hosting on its internet website a Guide to Compliance with State Laws and Regulations Regarding Disability Access Requirements. This bill would specify that statutory damages based upon the inaccessibility of an internet website under these provisions shall only be recovered against an entity, as defined, if the internet website fails to provide equally effective communication or facilitate full and equal enjoyment of the entity's goods and services to all members of the public. The bill would require, in order for a plaintiff to be entitled to statutory damages for internet website inaccessibility, the plaintiff to prove either that they personally encountered a barrier that caused them to experience a difference in their access to, or use of, the website as compared to other users, as specified, or that they were deterred from accessing all or part of the internet website or the content of the website because of the website's failure to provide equally effective communication or to facilitate full and equal enjoyment of the entity's goods and services offered to the public. The bill would specify that an internet website is presumed to provide equally effective communication for the purpose of determining whether an award of minimum statutory damages is warranted, as specified, if the internet website, taking into account the variety of conforming implementations that may be used to meet the internet website-related accessibility standard, complies with an internet website-related accessibility standard, as defined. The bill would require the California Commission on Disability Access to review standards described in the definition of internet website-related accessibility standard to determine whether they are the most up-to-date standards for effective communication by means of internet websites, and to notify the Legislature if they are not up to date and should be revised. This bill would make it unlawful for any resource service provider, in exchange for remuneration, to intentionally or knowingly construct, license, distribute, or maintain for online use, an internet website that fails to comply with the internet website-related accessibility standard. The bill would authorize a civil action by a person who is unable to obtain equally effective communication or full and equal enjoyment of an internet website, the content of an internet website, or goods and services offered to the public on an internet website, as a result of the failure of an internet website to meet the internet website-related accessibility standard, with remedies as prescribed. The bill would further authorize a civil action by a person or entity that pays, compensates, or contracts with a resource service provider to construct, license, distribute, or maintain an internet website for the purpose of providing equally effective communication or facilitating full and equal enjoyment of the person or entity's goods and services to all members of the public, including any member of the public who is disabled, with remedies as prescribed. The bill would also authorize the Attorney General or a district attorney, county counsel, or city attorney to bring an action to obtain injunctive or declaratory relief and attorney's fees and costs. The bill would provide that a provision within a contract between a person or entity and a resource service provider that seeks to waive liability under these provisions is subject to specified provisions of the Ralph Civil Rights Act of 1976 relating to waiver of rights. (2) Existing law requires each city, county, or city and county that issues business licenses, building permits for additions, alterations, and structural repairs to commercial property, or building permits for new construction of commercial property to make available, and, upon receipt of an application for a business license or building permit to provide to the applicant, an informational notice to the applicant containing, among other things, general information about the compliance requirements pursuant to the federal Americans with Disabilities Act of 1990 and the state's disability access laws and advisories to both building permit applicants and business license applicants encouraging consultations and inspections by certified access specialists. This bill would also require the information about the compliance requirements pursuant to the state's disability access laws to include a statement that a business' internet website is required to be accessible, and to provide equally effective communication or facilitate full and equal enjoyment of the entity's goods and services, to the public, including any member of the public who is disabled. The bill would require the advisories to encourage applicants to include in specified contracts warranty and indemnification clauses relating to accessibility standards and to consider not working with individuals or organizations unwilling to warranty their work and to indemnify the applicant for judgements rendered against them for violating website-related accessibility standards. By imposing new requirements on local government agencies, the bill would create a state-mandated local program. The bill would also make other 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, 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 imposes an additional and consecutive 3- or 5-year term in the state prison on a person who personally inflicts great bodily injury on a person in the commission of a felony, as specified. This bill, until January 1, 2029, would state that, for purposes of this enhancement, a person inflicts great bodily injury when they sell, furnish, administer, or give away fentanyl or an analog of fentanyl and the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance. The bill would specify that this provision does not apply to juvenile offenders. By expanding the scope 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 requires the Attorney General to establish and maintain the Violent Crime Information Center to assist, as specified, in the identification and apprehension of persons responsible for specific violent crimes and for the disappearance and exploitation of persons, particularly children and at-risk adults. This bill would require the Attorney General to convene a working group, as specified, within the Department of Justice Missing and Unidentified Persons Section, to study and propose legislative solutions to the problem of "wandering," described as the phenomenon of cognitively impaired persons, including those with Alzheimer's disease, dementia, or autism, wandering away from home, care facilities, or other familiar surroundings and becoming lost or confused about their surroundings. The bill would require the working group to prepare and submit a report to the Legislature, as specified.

Existing law requires the Department of Motor Vehicles to establish the California Legacy License Plate Program, and to create and issue a series of specialized license plates, consisting of one or more of 3 specified designs that replicate license plates from the state's past. Existing law requires the department to collect and hold paid applications for the plates, as specified, and prohibits the department from issuing a specialized license plate until it has received not less than 7,500 paid applications for any one of the particular plates on or before January 1, 2015. This bill would extend the deadline for receipt of the required number of paid applications to January 1, 2025, for plate designs that did not receive the required number of applications by January 1, 2015.

Existing law authorizes each county to establish an interagency child death review team to assist local agencies in identifying and reviewing suspicious child deaths and facilitating communication among persons who perform autopsies and the various persons and agencies involved in child abuse or neglect cases. Existing law requires each child death review team to, no less than once each year, make available to the public findings, conclusions, and recommendations of the team, including aggregate statistical data on the incidences and causes of child deaths. This bill would instead require each child death review team to meet these requirements no later than July 1 of each year and to post this report on the internet website of the county. Existing law requires the Attorney General, subject to available funding, to develop a protocol for the development and implementation of interagency child death teams that could be used by counties. This bill would require the Attorney General to complete and publish the protocol on their internet website and to update it every 4 years no later than January 1, regardless of the available funding. Existing law requires multiple state departments to share data and other information necessary to establish accurate information on the nature and extent of child abuse- or neglect-related fatalities in California as those documents relate to child fatality cases. Existing law also requires the California State Child Death Review Council, among other things, to oversee the statewide coordination and integration of state and local efforts. This bill would require the Department of Justice and other agencies and organizations involved to collaborate on allocating statewide responsibilities for these provisions between, at a minimum, the State Department of Public Health, the State Department of Social Services, and the Department of Justice. The bill would require the Attorney General to submit a budget to the Governor and the Legislature that is sufficient to fund the council, among other things.

Under existing law, a person injured in the course of employment is generally entitled to receive workers' compensation on account of that injury. Existing law, until January 1, 2025, provides that, in the case of certain state and local firefighting personnel and peace officers, the term "injury" includes post-traumatic stress disorder that developed or manifested during a period while the member is in the service of the department or unit, and establishes a disputable presumption in this regard. This bill would provide, only until January 1, 2030, that in the case of certain state nurses, psychiatric technicians, and various medical and social services specialists, the term "injury" also includes post-traumatic stress that develops or manifests itself during a period in which the injured person is in the service of the department or unit. The bill would apply to injuries occurring on or after January 1, 2024. The bill would prohibit compensation from being paid for a claim of injury unless the member has performed services for the department or unit for at least 6 months, unless the injury is caused by a sudden and extraordinary employment condition.

Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, subject to implementation of the California Advancing and Innovating Medi-Cal (CalAIM) initiative, authorizes a Medi-Cal managed care plan to elect to cover community supports approved by the department as cost effective and medically appropriate in a comprehensive risk contract that are in lieu of applicable Medi-Cal state plan services. Under existing law, community supports that the department is authorized to approve include, among other things, housing transition navigation services, housing deposits, and housing tenancy and sustaining services. Existing law, subject to an appropriation, requires the department to complete an independent analysis to determine whether network adequacy exists to obtain federal approval for a covered Medi-Cal benefit that provides housing support services. Existing law requires that the analysis take into consideration specified information, including the number of providers in relation to each region's or county's number of people experiencing homelessness. Existing law requires the department to report the outcomes of the analysis to the Legislature by January 1, 2024. This bill would delete the requirement for the department to complete that analysis, and instead would make housing support services for specified populations a covered Medi-Cal benefit when the department has begun a specified evaluation required under the CalAIM Waiver Special Terms and Conditions, and the Legislature has made an appropriation for purposes of the housing support services. The bill would require the department to seek federal approval for the housing support services benefit, as specified. Under the bill, subject to an appropriation by the Legislature, a Medi-Cal beneficiary would be eligible for those services if they either experience homelessness or are at risk of homelessness. Under the bill, the services would include housing transition and navigation services, housing deposits, and housing tenancy and sustaining services, as defined. The bill would authorize the department to implement, interpret, or make specific this section, in whole or in part, by means of all-county letters, plan letters, provider bulletins, information notices, or similar instruction, and to enter into exclusive or nonexclusive contracts, or amend existing contracts for its purposes, as specified. The bill would authorize these provisions to be modified by the department to the extent necessary to meet the requirements of federal law or regulations, to obtain federal approval, or to enhance the probability that federal approval can be obtained, as specified.