Asm. Chris Ward

The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, approved by the voters as Proposition 68 at the June 5, 2018, statewide primary direct election, authorizes the issuance of bonds in the amount of $4,100,000,000 pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program. Article XVI of the California Constitution requires measures authorizing general obligation bonds to specify the single object or work to be funded by the bonds and further requires a bond act to be approved by a 23 vote of each house of the Legislature and a majority of the voters. This bill would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2022, which, if approved by the voters, would authorize the issuance of bonds in the amount of $7,080,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, and workforce development programs. This bill would provide for the submission of these provisions to the voters at the June 7, 2022, statewide primary election. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law establishes various incentive programs that are administered or funded by the State Air Resources Board to provide financial assistance for the purchase of vehicles by individuals and fleet purchasers. This bill would establish specified labor standards that a fleet purchaser would be required to meet in order to be eligible to receive incentives for new drayage and short-haul trucks under the incentive programs beginning with the 2022–23 fiscal year. The bill would require the state board to determine if there are constraints to the implementation of the requirements of the bill, would authorize the state board to delay or suspend the implementation of requirements that are not feasible, and would require the state board to reevaluate the delayed or suspended requirements, as provided. This bill would incorporate additional changes to Section 1095 of the Unemployment Insurance Code proposed by SB 753 to be operative only if this bill and SB 753 are enacted and this bill is enacted last.

Existing law, the Unruh Civil Rights Act, specifies that all persons within the jurisdiction of the state are free and equal. Existing law entitles people regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind. This bill would establish the Commission on the State of Hate in the state government. The bill would provide for the appointment of 9 members, appointed by the Governor, the Speaker of the Assembly, and the Senate Committee on Rules, as provided. The bill would prescribe the goals of the commission, which would include, among other things, providing resources to various state agencies and the public to inform them on the state of hate and advising the Legislature, the Governor, and state agencies on policy recommendations to promote intersocial education designed to foster mutual respect and understanding among California's diverse population. The bill would require the commission to host and coordinate a minimum of 4 in-person or virtual community forums, open to the public, on the state of hate per year. The bill would require the commission to seek to protect civil liberties in accordance with applicable law. The bill would authorize the commission to seek, apply for, or accept funding from sources other than the General Fund, as provided. Starting July 1, 2023, the bill would require the commission to make publically available and issue to the Governor and the Legislature an Annual State of Hate Commission Report that describes its activities for the previous year and its recommendations for the following year. The bill would require this report, among other things, to provide a comprehensive accounting of hate crime activity statewide and report on relevant national hate crime trends and statistics. The bill would require the commission to report to the Legislature through the Joint Committee on Rules annually, as provided. This bill would make the operation of these provisions contingent on funding appropriated by the Legislature for these purposes, and would require the commission to post notice of the appropriation on the homepage of its internet website and send notice of the funding to the Secretary of State and the Legislative Counsel. This bill would be repealed by its own provisions on January 1, 2027.

(1) Existing law establishes various default speed limits for vehicles upon highways, as specified. Existing law authorizes state and local authorities to adjust these default speed limits, as specified, based upon certain findings determined by an engineering and traffic survey. Existing law defines an engineering and traffic survey and prescribes specified factors that must be included in the survey, including prevailing speeds and road conditions. Existing law authorizes local authorities to consider additional factors, including pedestrian and bicyclist safety. This bill would authorize local authorities to consider the safety of vulnerable pedestrian groups, as specified. (2) Existing law establishes a prima facie speed limit of 25 miles per hour on any highway, other than a state highway, located in any business or residence district, as defined. Existing law authorizes a local authority to change the speed limit on any such highway, as prescribed, including erecting signs to give notice thereof. This bill would establish a prima facie speed limit of 25 miles per hour on state highways located in any business or residence district and would authorize the Department of Transportation (Caltrans) to change the speed limit on any such highway, as prescribed, including erecting signs to give notice thereof. (3) Existing law establishes a speed limit of 65 miles per hour on state highways, as specified. Existing law authorizes Caltrans to declare a speed limit on any such highway, as prescribed, of 60, 55, 50, 45, 40, 35, 30, or 25 miles per hour, including erecting signs to give notice thereof. Existing law also authorizes a local authority, on a section of highway, other than a state highway, where the speed limit is 65 miles per hour to declare a lower speed limit, as specified. This bill would additionally authorize Caltrans and a local authority to declare a speed limit of 20 or 15 miles per hour, as specified, on these highways. (4) Existing law authorizes a local authority, without an engineering and traffic survey, to declare a lowered speed limit on portions of highway, as specified, approaching a school building or school grounds. Existing law limits this authority to sections of highway meeting specified requirements relating to the number of lanes and the speed limit of the highway before the school zone. This bill would similarly authorize a lowered speed limit on a section of highway contiguous to a business activity district, as defined, and would require that certain violations be subject to a warning citation, for the first 30 days of implementation. (5) Existing law requires Caltrans, by regulation, to provide for the rounding up or down to the nearest 5 miles per hour increment of the 85th percentile speed of free-flowing traffic on a portion of highway as determined by a traffic and engineering survey. Existing law requires the Judicial Council to create and implement an online tool by June 30, 2024, for the adjudication of traffic infractions, among other things. This bill would authorize a local authority to further reduce the speed limit, as specified, and require that certain violations be subject to a warning citation, for the first 30 days of implementation. The bill would, in some circumstances, authorize the reduction of a speed limit beginning June 30, 2024, or when the Judicial Council has developed an online tool for adjudicating traffic infraction violations, whichever is sooner. The bill would require Caltrans to accordingly revise the California Manual on Uniform Traffic Control Devices, as specified. (6) Existing law defines a speed trap and prohibits evidence of a driver's speed obtained through a speed trap from being admissible in court in any prosecution against a driver for a speed-related offense. Existing law deems a road where the speed limit is not justified by a traffic and engineering survey conducted within the previous 7 years to be a speed trap, unless the roadway has been evaluated by a registered engineer, as specified, in which case the speed limit remains enforceable for a period of 10 years. Existing law exempts a school zone, as defined, from certain provisions relating to defining a speed trap. This bill would extend the period that a speed limit justified by a traffic and engineering survey conducted more the 7 years ago remains valid, for purposes of speed enforcement, if evaluated by a registered engineer, as specified, to 14 years. This bill would also exempt a senior zone and business activity district, as defined, from those provisions.

Existing law defines a "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. Existing law requires the Commission on Peace Officer Standards and Training (POST) to develop guidelines and a course of instruction and training for law enforcement officers addressing hate crimes. Existing law requires state law enforcement agencies to adopt a framework or other formal policy created by POST regarding hate crimes. Existing law requires any local law enforcement agency that adopts or updates a hate crime policy to include specified information in that policy, including information on bias motivation. This bill would include a statement of legislative findings and declarations and require the basic course curriculum on the topic of hate crimes to be developed in consultation with subject matter experts, as specified. The bill would, subject to an appropriation of funds for this purpose in the annual Budget Act or other statute, require POST to update the basic course to include the viewing of a specified video course developed by POST. The bill would also require POST to make the video available via the online learning portal, and would require all peace officers to complete specified training materials no later than one year after the commission makes the updated course available. The bill would require POST to develop and periodically update an interactive course on hate crimes for in-service peace officers, and require officers to take the course every 6 years. This bill would also require any local law enforcement agency that adopts or updates a hate crime policy to include specified information on recognizing religion-bias hate crimes, and would require those policies to include the discriminatory selection of victims as a form of bias motivation.

(1) Existing law authorizes a person to file a petition with the superior court seeking a judgment recognizing their change of gender to female, male, or nonbinary, including a person who is under 18 years of age. The judgment may include an order for a new birth certificate, and the new birth certificate is required to include the change of gender and any name change specified in the court order. Existing law also authorizes a procedure for a person born in this state to obtain a new birth certificate directly from the State Registrar to reflect their change of gender to female, male, or nonbinary without a court order. Existing law prohibits a new birth certificate issued under these provisions from indicating that it is not the original birth certificate and requires a local registrar or the county recorder to either forward a copy of the original birth certificate to the State Registrar or seal a cover over the copy of the original birth certificate, as specified. This bill would recast these provisions relating to new birth certificates to provide for a change in gender and sex identifier and to specify that a person who was issued a birth certificate by this state, rather than a person born in this state, may obtain a new birth certificate. This bill would authorize a person to file a petition with the superior court for a court order to issue a new marriage license and certificate, confidential marriage license and certificate, or birth certificate for their minor or adult child to reflect the person's change in gender and sex identifier to female, male, or nonbinary. The bill also would authorize a person, even if they do not reside within this state, to file a petition with the superior court for a change in name or a change of gender and sex identifier to female, male, or nonbinary if the person is seeking to change their birth certificate, marriage license and certificate, confidential marriage license and certificate, or the birth certificate of their legal child that was issued by this state. The bill would provide a process for parties who are also identified on these vital records to be given notice and an opportunity to respond to the petition, as specified. This bill would authorize a person to obtain a new marriage license and certificate, confidential marriage license and certificate, or birth certificate for their minor or adult child directly from the State Registrar or county clerk, as applicable, to reflect the person's change of gender and sex identifier to female, male, or nonbinary without a court order, if the person submits specific supporting documentation. The bill would require the supporting documentation to include, as applicable, a stipulation by the adult child to change their birth certificate and a stipulation by the spouse who is not requesting a change on their marriage license and certificate or confidential marriage license and certificate. The bill would authorize supporting documentation to include an affidavit, attested under penalty of perjury, that the changes are to conform to the person's gender identity and not for any fraudulent purpose. By expanding the crime of perjury in this manner, this bill would impose a state-mandated local program. This bill would make conforming changes to provisions relating to fees paid to the State Registrar for establishing new records of birth or marriage, and would require a fee, as specified, to be paid to the county clerk for the issuance of a new confidential marriage license and certificate under these provisions. The bill would require a new marriage license and certificate, confidential marriage license and certificate, or birth certificate issued under these provisions to supplant the previous vital record and would specifically direct how a county clerk should seal these original vital records. By creating new duties of a county clerk relating to sealing a marriage license and certificate or a confidential marriage license and certificate under these provisions, this bill would impose a state-mandated local program. Existing law requires the State Registrar to instruct all local registrars who have automated birth registration to electronically capture specified information in an electronic file. Under existing law, the electronic file of collected birth information is generally confidential. Existing law limits access to that file to certain authorized entities or individuals for health-related or other specified purposes. This bill would add the assigned sex at birth of the child to the list of information collected in the electronic file. The bill would make that information confidential except for the above-described limited access. By creating new duties of a local registrar, the bill would impose a state-mandated local program. (2) This bill would incorporate additional changes to Sections 1276 and 1277 of the Code of Civil Procedure proposed by AB 1578 to be operative only if this bill and AB 1578 are enacted and this bill is enacted last. The bill would also incorporate additional changes to Section 103430 of the Health and Safety Code proposed by AB 1578 to be operative only if this bill and AB 1578 are enacted. (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. (4) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (5) The bill's provisions would become operative January 1, 2023.

Existing law, known as the Golden State Scholarshare Trust Act, establishes the Golden State Scholarshare College Savings Trust, under the administration of the Scholarshare Investment Board, to provide financial aid for postsecondary education costs of participating students. Existing law defines "qualified higher education expenses" for purposes of the Golden State Scholarshare Trust Act to mean the expenses of attendance at an institution of higher education, as specified. This bill would add expenses associated with participation in a registered apprenticeship program and payment on the principal or interest of a qualified education loan to the definition of "qualified higher education expenses." The Personal Income Tax Law, in conformity with federal income tax law, generally defines "gross income" as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income. That law excludes from gross income distributions from a qualified tuition program, as defined, for qualified higher education expenses. Existing federal law, the Further Consolidated Appropriations Act, 2020, expanded the definition of "qualified higher education expenses" to include expenses associated with registered apprenticeship programs and payment on the principal or interest of a qualified education loan. The act also made coordinating changes related to the deduction of interest paid on a qualified education loan. This bill would, for taxable years beginning on or after January 1, 2021, conform state tax law to those changes relating to qualified higher education expenses made by the act.

(1) Existing law prohibits, during the prosecution of specified sex crimes, the admission of evidence of the manner in which the victim was dressed, when offered by either the prosecution or the defendant on the issue of consent, unless the court finds the evidence relevant and admissible in the interests of justice. This bill would prohibit the court from admitting evidence, in the above circumstances, of the manner in which the victim was dressed, upon a finding that the evidence is relevant and admissible in the interests of justice. (2) This bill would incorporate additional changes to Section 1103 of the Evidence Code proposed by AB 1171 to be operative only if this bill and AB 1171 are enacted and this bill is enacted last. (3) The California Constitution provides that relevant evidence shall not be excluded in any criminal proceeding except as provided by statute enacted by a 23 vote of the membership of each house of the Legislature. Because this bill would limit the admissibility of evidence in criminal proceedings, it would require a 23 vote.

Existing law requires a court or judge, on granting an injunction, to require an undertaking on the part of the applicant sufficient to cover certain damages the party enjoined may sustain by reason of the injunction, if the court finally decides that the applicant was not entitled to the injunction. Existing law exempts from the undertaking requirement certain persons seeking an injunction, as specified. Existing law creates a private right of action against a person who intentionally distributes a photograph or recorded image of another, without the other person's consent, if certain conditions are met, including if the person who distributed the material knows that the other person had a reasonable expectation that the material would remain private, and if the material exposes the intimate body parts, as defined, of the other person or shows that person engaged in specified sexual acts. Existing law authorizes a court to grant equitable relief to a plaintiff in a civil proceeding pursuant to these provisions, including a preliminary injunction or a permanent injunction ordering the defendant to cease distribution of material. This bill would exempt from the undertaking requirement an applicant seeking an injunction ordering the defendant to cease distribution of material under these provisions. The bill would instead create the private right of action described above against a person who knew, or reasonably should have known, that the other person had a reasonable expectation that the material would remain private. Existing law provides an exception to liability for the cause of action described above in certain circumstances, including that the distributed material was previously distributed by another person. This bill would instead provide an exception to liability for the cause of action described above if the material was previously distributed by another person, unless the plaintiff served on the defendant, by certified mail, a notice to cease distribution of the material, and the defendant failed to cease distribution within 20 days of receiving the notice.