Asm. Tasha Boerner

Existing law, the California Ocean Resources Management Act of 1990, declares that it is the policy of the State of California to take specified actions related to the preservation, protection, development, and enhancement of the state's ocean resources and ensure the coordinated management of ocean resources with the appropriate federal, state, and local agencies. This bill would make nonsubstantive changes in these provisions.

Existing law requires a person who regularly conducts business in the state for profit under a fictitious name to file a fictitious business name statement with either the clerk of the county in which its principal place of business is located or the clerk of the County of Sacramento, as specified, not later than 40 days from the time the registrant commences to transact business. Existing law further requires that person to file, as applicable, a statement of abandonment and a statement of withdrawal from a partnership operating under a fictitious business name. Existing law requires a county clerk to maintain one or more indices that permit the determination of specified information, including whether any business using a specific fictitious business name has on file a fictitious business name statement setting forth that name and, if so, the file number of the statement. This bill would require the Secretary of State to maintain a searchable index on its internet website that meets the requirements of existing law with respect to those indices maintained by county clerks and would require a county clerk to timely provide to the Secretary of State a copy of a statement filed with the county clerk as described above, thereby imposing 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.

This measure would name the public street, circle, and plaza at 914 and 915 Capitol Mall in the City of Sacramento as the Willie L. Brown, Jr. Circle and Plaza. The measure would request the Department of General Services to determine the cost of erecting the appropriate signage commemorating this special designation and, upon receiving donations from nonstate sources, to cover that cost to erect that signage.

The Personal Income Tax Law, in modified conformity with federal income tax law, excludes from the gross income of a beneficiary of, or contributor to, a qualified tuition program, which includes a Golden State Scholarshare College Savings Trust, distributions or earnings under that program, as specified. This bill, for taxable years beginning on or after January 1, 2020, and before January 1, 2025, would allow under that law a deduction against gross income in the amount equal to the monetary contribution made by a qualified taxpayer, as defined, to the California qualified tuition program established pursuant to the Golden State Scholarshare Trust Act not to exceed either $5,000 or $10,000, as provided. The bill would require, with exceptions, in the case of any distribution in excess of qualified higher education expenses, as defined, the aggregate amount of the deduction allowed that reduced the qualified taxpayer's gross income in any taxable year to be added to the gross income of the qualified taxpayer in the taxable year of the distribution, as provided. The bill would require the Scholarshare Investment Board to report to the Legislature, on an annual basis, specified data related to this deduction and Scholarshare accounts and would require the Franchise Tax Board to provide certain information to the Scholarshare Investment Board upon request. This bill would take effect immediately as a tax levy.

Existing law defines the act of "gassing," in part, as intentionally throwing human excrement or other bodily fluids at another person, resulting in actual contact with the person's skin or membranes. Existing law makes it a crime of aggravated battery for any person confined in a local detention facility or the state prison to commit a battery by gassing upon the person of a peace officer or employee of the local detention facility or the state prison. Existing law prescribes a procedure by which a law enforcement employee who comes into contact with the bodily fluids of an inmate may request that the inmate be tested for HIV and hepatitis, subject to specified criteria and procedures. This bill would authorize an officer or employee who is the victim of a reported or suspected gassing attack to request that the inmate involved with the attack be tested for hepatitis and tuberculosis, as specified. The bill would require a state prison facility and a county jail to make protective gear, such as clothing, goggles, and shields, readily available to staff. The bill would also require a state prison facility and a county jail to provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks, as specified, and to replace any article of an officer's uniform that has been soiled in a gassing attack. The bill would require a state prison facility and a county jail to complete investigations of gassing attacks within 6 months of the violation, as specified. Existing law authorizes an inmate of a correctional institution to request testing for HIV or hepatitis B or C of another inmate of that institution if the inmate has reason to believe that the inmate has come into contact with the bodily fluids of the other inmate. This bill would authorize a person sentenced to a state prison or county jail to receive an examination for HIV or hepatitis B or C if the inmate has been exposed to the bodily fluids of another inmate. The bill would require the warden of a state prison and the county sheriff or administrator of a county jail to post a notice relating to the rights of a victim of a gassing attack and to provide a notice to an officer, employee, or inmate of the facility or jail who is the victim of the attacks, informing them of their rights. The bill would also require a state prison and a county jail to document specified information relating to those attacks. By creating new duties for sheriffs and county jail administrators, 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.

The Unfair Practices Act makes various practices unlawful and provides that any person who engages, has engaged, or proposes to engage in unfair competition is liable for a civil penalty. That act specifies who is authorized to bring an action to enforce it, including a city attorney of any city having a population in excess of 750,000. That act requires 12 of the penalty collected to be paid to the treasurer of the city in which the judgment was entered and the other 12 to the treasurer of the county in which the judgment was entered if the action was brought by a city attorney or city prosecutor. This bill would instead require the penalty collected to be paid to the treasurer of the city whose attorney brought the action if the action is brought by a city attorney of a city having a population in excess of 750,000, unless a county agency participated in the prelitigation investigation of the action, in which case the bill would require 12 of the penalty collected to be paid to the treasurer of the city in which the judgment was entered, and 12 to the treasurer of the county in which the judgment was entered. The bill would provide that those provisions do not apply to a penalty collected by the Los Angeles City Attorney's office on or before January 1, 2021, and would further require that on or before January 1, 2021, 12 of a penalty collected by the Los Angeles City Attorney's office be paid to the treasurer of the County of Los Angeles. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, 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 requires the department to implement managed mental health care for Medi-Cal beneficiaries through contracts with mental health plans, and requires mental health plans to be governed by various guidelines, including a requirement that a mental health plan assess the cultural competency needs of the program. Existing law requires mental health plan reviews to be conducted by an external quality review organization (EQRO) on an annual basis, and requires those reviews to include specific data for Medi-Cal eligible minor and nonminor dependents in foster care, such as the number of Medi-Cal eligible minor and nonminor dependents in foster care served each year. This bill would require each mental health plan to prepare a cultural competence plan to address specified matters, including mental health disparities in access, utilization, and outcomes by various categories, such as race, ethnicity, and immigration status. The bill would require a mental health plan to convene a committee for the purpose of reviewing and approving the cultural competence plan, to annually update its cultural competence plan and progress, to post this material on its internet website, and to submit its cultural competence plan to the department every 3 years for technical assistance and implementation feedback. The bill would require the department to develop at least 8 statewide mental health disparities reduction targets, to post the cultural competence plan submitted by each mental health plan to its internet website, and to consult with the Office of Health Equity to review and implement county assessments and statewide performance on mental health disparities reductions. The bill would require the department to direct the EQRO to develop a protocol for monitoring performance of each mental health plan, and to report on identified matters, including statewide progress related to the mental health disparities reduction targets. The bill would require the EQRO to publish specified information in the annual detailed technical report, such as recommendations for statewide strategies to reduce mental health disparities. The bill would require the mental health plan to meet specified mental health disparities reduction targets or make year-over-year improvements toward meeting the targets.

The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, "full cash value" is defined as the assessor's valuation of real property as shown on the 1975–76 tax bill under "full cash value" or, thereafter, the appraised value of that real property when purchased, newly constructed, or a change in ownership has occurred. Existing law defines "newly constructed" and "new construction" to mean any addition to real property since the last lien date and any alteration of land or of any improvement since the last lien date that constitutes a major rehabilitation thereof or that converts the property to a different use. Existing law, where real property has been damaged or destroyed by misfortune or calamity, excludes from the definition of "newly constructed" and "new construction" any timely reconstruction of the real property, or portion thereof, where the property after reconstruction is substantially equivalent to the property prior to damage or destruction. This bill would define the term "substantially equivalent" for purposes of the provisions described above to mean the size of the improvement after reconstruction does not exceed 120% of the size of the improvement prior to damage or destruction or the full cash value of the improvement after reconstruction does not exceed 120% of the full cash value of the improvement prior to damage or destruction. The bill would apply this definition to real property damaged or destroyed by misfortune or calamity on or after January 1, 2017. By imposing new duties upon local government officials, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations regarding the public purpose served by the bill. 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 state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.

(1) Existing law requires the last 2 full weeks in April and in September to be known as "high school voter education weeks," during which time persons authorized by the county elections official are allowed to register to vote pupils and school personnel on high school campuses. This bill would instead make January and September "high school voter education months." (2) Existing law requires the Instructional Quality Commission to ensure voter education information is included in the American government and civics curriculum at the high school level, as specified. This bill would require the Secretary of State, in coordination with the Superintendent of Public Instruction, to develop educational programming to provide designated voter education information to pupils in grade 12 in high schools maintained by a school district, county office of education, or charter school. The bill would require county elections officials to customize the educational programming to include information specific to that county's election system. The bill would require a school district, county office of education, or charter school to implement the educational programming during a presentation or assembly at the high school campus. The bill would require a school district, county office of education, or charter school to offer pupils the opportunity to register or preregister to vote during the presentation or assembly at the high school campus. The bill would specify methods through which the registration or preregistration could be accomplished. To the extent the bill would create new duties for county elections officials, school districts, county offices of education, and charter schools, it would constitute a state-mandated local program. (3) 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.