Asm. Tasha Boerner

Existing law, the Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. Existing law prohibits a person from delivering, as specified, or possessing a container of distilled spirits that does not have a label plainly indicating certain information, including the quantity and proof strength of the contents, and makes a violation of that prohibition a misdemeanor. This bill would make nonsubstantive changes to that misdemeanor provision.

This measure would urge the federal Office of Management and Budget to update its Uniform Guidance in order to improve job creation, quality, and equity.

This measure would recognize the month of January 2024 as National Human Trafficking Awareness Month.

This measure would designate, in perpetuity, the 4th week of January as Data Privacy Week and the last Sunday of January as Data Privacy Day.

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 through various health care delivery systems, including managed care pursuant to Medi-Cal managed care plan contracts. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law establishes, until January 1, 2026, certain time or distance and appointment time standards for specified Medi-Cal managed care covered services, consistent with federal regulations relating to network adequacy standards, to ensure that those services are available and accessible to enrollees of Medi-Cal managed care plans in a timely manner, as specified. Existing law sets forth various limits on the number of miles or minutes from the enrollee's place of residence, depending on the type of service or specialty and, in some cases, on the county. This bill would require the department, no later than January 1, 2025, to prepare and submit a report to the Legislature that includes certain information, including an analysis of the adequacy of each Medi-Cal managed care plan's network for pediatric primary care, including the number and geographic distribution of providers and the plan's compliance with the above-described time or distance and appointment time standards. Under the bill, the report would also include data, disaggregated as specified, on the number of children and pregnant or postpartum persons who are Medi-Cal beneficiaries receiving certain health care services during the 2021–22, 2022–23, and 2023–24 fiscal years. The report would also include additional information regarding the department's efforts to improve access to pediatric preventive care, as specified. The bill would require that the report be made publicly available through its posting on the department's internet website. The bill would repeal these reporting provisions on January 1, 2029.

Existing law requires law enforcement agencies to either submit sexual assault forensic evidence received on or after January 1, 2016, to a crime lab within 20 days after it is booked into evidence or to ensure that a rapid turnaround deoxyribonucleic acid (DNA) program is in place, as specified. Existing law also requires a crime lab that receives sexual assault forensic evidence on or after January 1, 2016, to either process the evidence, create DNA profiles when able, and upload qualifying DNA profiles into the Combined DNA Index System, as specified, or transmit the sexual assault forensic evidence to another crime lab as soon as practically possible, but no later than 30 days after receiving the evidence, for processing of the evidence for the presence of DNA. This bill would require a law enforcement agency, for any sexual assault forensic evidence connected to a reported crime received by the law enforcement agency prior to January 1, 2016, to submit that evidence to the crime lab on or before January 31, 2025. The bill would additionally require a crime lab, for any sexual assault evidence kit received by a law enforcement agency prior to January 1, 2016, and submitted to the crime lab on or after January 1, 2024, to process that evidence kit no later than January 31, 2026. Because the bill would impose a higher level of service on local law enforcement agencies in processing that evidence, it 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, the California Fair Employment and Housing Act, establishes in the Business, Consumer Services, and Housing Agency the Civil Rights Department, headed by the Director of Civil Rights, to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or military and veteran status. This bill would establish within the department the Labor Trafficking Unit, which would be required to coordinate with the Labor Enforcement Task Force, the Criminal Investigation Unit, the Department of Justice, and the Division of Labor Standards Enforcement within the Department of Industrial Relations to combat labor trafficking. The bill would require the unit to receive and investigate complaints alleging labor trafficking and take steps to prevent labor trafficking. The bill would require the unit to coordinate with or refer cases to the Labor Enforcement Task Force or the department for potential civil actions, and to coordinate with or refer cases to the Department of Justice for potential criminal actions. The bill would require the unit to follow protocols to ensure survivors of labor trafficking are not victimized by the process of prosecuting traffickers and are informed of the services available to them. The bill would require the unit to coordinate with both state and local agencies to connect survivors with available services. The bill would require the unit to provide specified services to victims, including providing a list of pro bono victim's rights attorneys to survivors. The bill would require the Division of Occupational Safety and Health within the Department of Industrial Relations to notify the unit when, upon investigating businesses under their purview, there is evidence of labor trafficking. The bill would require the unit, beginning January 1, 2025, until January 1, 2035, to annually submit a report to the Legislature with specified information relating to labor trafficking complaints, including the number, types, and outcomes of complaints.

Existing law defines "hate crime" as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. This bill would, instead, define a hate crime as a criminal act that is motivated in whole or in part by a bias against one or more of the protected characteristics. The bill would define "bias against" and would specify that evidence of bias motivation may include, among other things, instances when the person has selectively targeted the victim based on the actual or perceived characteristic of the victim. By changing the definition of a 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.