Existing law authorizes a life or disability income insurer to decline a life or disability income insurance application or enrollment request on the basis of positive test results from certain tests, known as the ELISA test and the Western Blot Assay, that detect antibodies to the human immunodeficiency virus (HIV) , performed by or at the direction of the insurer. This bill, to become operative January 1, 2023, would instead prohibit an insurer from declining an application or enrollment request for coverage under a policy or certificate for life insurance or disability income insurance based solely on the results of a positive HIV test, regardless of when or at whose direction the test was performed. However, the bill would not prevent or restrict an insurer from refusing to insure an applicant that is HIV positive, limiting the amount, extent, or kind of coverage for an applicant that is HIV positive, or charging a different rate to an applicant that is HIV positive, if the refusal, limitation, or charge is based on sound actuarial principals and actual or reasonably anticipated experience. The bill would define "HIV test" for purposes of these provisions to mean any clinical test, laboratory or otherwise, used to identify HIV, a component of HIV, or antibodies or antigens to HIV. Existing law imposes a civil penalty on a person who negligently or willfully discloses results of an HIV antibody test to any third party, except pursuant to written authorization or informed consent, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply. Under existing law, the penalty for a negligent violation of those provisions is civil penalty in an amount not to exceed $1,000 plus court costs, and the penalty for a willful violation of those provisions is a civil penalty in an amount not less than $1,000 and not more than $5,000 plus court costs. If the negligent or willful disclosure results in economic, bodily, or psychological harm to the subject of the test, existing law makes the person guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, by a fine not to exceed $10,000, or by both that fine and imprisonment. Existing law defines "HIV antibody test" for these purposes to mean an ELISA test or a Western Blot Assay, or both. This bill would eliminate the references to HIV antibody test for purposes of those civil and criminal penalty provisions and instead would impose penalties for the negligent, willful, or malicious disclosure of results of an HIV test, as defined above. The bill would increase the civil penalty for a negligent violation of those provisions to an amount not to exceed $2,500 plus court costs and would increase the civil penalty for a willful violation of those provisions to an amount not less than $5,000 and not more than $10,000 plus court costs. The bill would impose the same civil penalty for a malicious violation of those provisions as is provided for the willful violation. The bill would also increase the amount of the fine that may be imposed for a misdemeanor violation of those provisions to an amount not to exceed $25,000. By changing the definition of a crime, the bill would impose a state-mandated local program. The bill would make 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 no reimbursement is required by this act for a specified reason.
Sponsored bills
Existing law establishes various environmental and economic policies. This bill would enact the California COVID-19 Recovery Deal. The bill would make a series of legislative findings and declarations pertaining to the coronavirus (COVID-19) pandemic and various economic, environmental, and social conditions in the state. The bill would state the intent of the Legislature that the state adopt a policy framework with principles and goals committed to accomplish specified economic, environmental, and social objectives and priorities as part of the state's COVID-19 recovery spending. The bill would state that the Legislature establishes various spending rules for the COVID-19 recovery, including adopting spending measures that prohibit businesses, organizations, or agencies from accepting public funds for any long-term projects that prolong the emission of greenhouses gases or lead to the expansion of fossil fuel projects and ensuring that recovery spending includes specific measures for California populations and communities most negatively impacted by COVID-19.
Existing law directs law enforcement agencies, as defined, to submit the description of a firearm that has been reported stolen, lost, found, recovered, or under observation directly to an automated Department of Justice system. Existing law also requires these law enforcement agencies to report to the Department of Justice any information in their possession necessary to identify and trace the history of a recovered firearm that is illegally possessed, has been used in a crime, or is suspected of having been used in a crime. Existing law requires the department to maintain this data for at least 10 years and make it available, as specified, for academic and research purposes. This bill would require the department to analyze the data as specified and, by no later than January 1, 2022, and annually thereafter, submit a report to the Legislature summarizing this analysis, and make the report available to the public.
Under existing law, the San Diego Association of Governments is the transportation planning agency for the San Diego County region. This bill would appropriate $5,000,000 from the General Fund to the San Diego Association of Governments to conduct a study of higher speed and safety alternatives for the LOSSAN Rail Corridor in the County of San Diego. As a condition of receiving the funding, the bill would require the San Diego Association of Governments to conduct the study, as specified, and would require the San Diego Association of Governments to submit a report to the Legislature and specified committees of the Legislature summarizing the results of the study.
Existing law establishes the system of public elementary and secondary schools in this state and provides for the establishment of local educational agencies to operate these schools and provide instruction to pupils. Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state. Existing law requires, no later than July 1, 2021, the State Department of Education to develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils, and strategies to increase support for LGBTQ pupils, as specified. Existing law encourages schools operated by a school district or county office of education and charter schools to use those resources to provide training at least once every 2 years to teachers and other certificated employees of those schools that serve pupils in grades 7 to 12, inclusive. This bill, on or before July 1, 2022, would also require the State Department of Education to create an online training delivery platform and an online training curriculum on schoolsite and community resources for the support of LGBTQ pupils and strategies to increase support for LGBTQ pupils, as specified. The bill would encourage each school operated by a school district or county office of education and each charter school to use the online training delivery platform and curriculum to provide training at least once every 2 years to teachers and other certificated employees at those schools.
Existing law authorizes the Director of General Services to acquire and convey real property for the state, whenever that transfer of the real property is authorized or contemplated by law. This bill would authorize the director, in consultation with the Department of Transportation, to sell specified real property in the City of San Diego to the city for active transportation, affordable housing, or park purposes.
Existing law requires the Natural Resources Agency, in collaboration with the Ocean Protection Council, to create, and update biannually, a Planning for Sea Level Rise Database describing steps being taken throughout the state to prepare for, and adapt to, sea level rise. This bill would establish the Climate Adaptation Center and Regional Support Network in the Ocean Protection Council to provide local governments facing sea level rise challenges with information and scientific expertise necessary to proceed with sea level rise mitigation.
The Mitigation Fee Act authorizes a local agency to establish, increase, or impose various fees as a condition of approval of a development project, if specified requirements are met. The act requires a local agency, before levying or increasing a fee or service charge, to hold at least one open and public meeting and requires that notice of the time and place of the meeting be mailed at least 14 days prior to the meeting to any interested party who files a written request with the local agency for mailed notice of the meeting on new or increased fees or service charges. The act additionally requires the local agency to make available to the public, at least 10 days prior to the meeting, the data indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, as specified. The act also authorizes the local agency to provide notice via electronic notification to those who specifically request it, and authorizes the legislative body of a local agency to establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. The act authorizes any party to protest the imposition of a fee, dedication, reservation, or other exactions imposed on a development project within 90 or 120 days of the imposition of the fee, as applicable, and specifies procedures for those protests and actions. The act imposes the same requirements on a local agency for a new or increased fee for public facilities. This bill would increase, for fees and service charges and for fees for specified public facilities, the time for mailing the notice of the time and place of the meeting to at least 45 days before the meeting. The bill would require the local agency to make that information available to the public at least 30 days before the meeting. The bill would require a local agency to additionally make available to the public all of the data demonstrating the requisite relationship between the amount of a fee for public facilities and the need for the public facilities. The bill would require the data to also be made available to the public on the local agency's internet website. The bill would authorize interested parties to file an electronic request to receive the notice of the meeting time and place, and would require the local agency to mail or electronically send the notice as requested by the party. The bill would prohibit the legislative body of a local agency from establishing a reasonable annual charge for sending electronic notices. The bill would prohibit a local agency, when defending a protest or action filed for a fee or service charge, or for fees for specified public facilities, from using as evidence, or relying on in any way, data not made available to the public pursuant to these provisions. By imposing new duties on local agencies, the 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 establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law requires the board of governors to appoint a chief executive officer, the Chancellor of the California Community Colleges. Existing law waives the open course provisions in statute or regulations of the board of governors for any governing board of a community college district for classes the district provides to inmates of certain facilities, and authorizes the board of governors to include the units of full-time equivalent students generated in those classes for purposes of state apportionments. This bill would waive open course provisions in statute or regulations of the board of governors for any governing board of a community college district for classes the district provides to military personnel on a military base, and would authorize the board of governors to include the units of full-time equivalent students generated in those classes for purposes of state apportionments.
Existing law makes it unlawful to produce, process, sell, offer to sell, or possess olive oil that indicates on its label "California Olive Oil," or uses similar words, to suggest that California is the source of the oil, unless 100% of that oil is derived from olives grown in California. This bill would make it unlawful and subject to imprisonment, fine, or both, as specified, to make any false representation in a brand name, label, advertising matter, packaging material, letterhead, invoice, tag, sign, business card, or other oral, written, or printed matter that an olive oil is produced entirely from olives grown within California, including using the terms "California olive oil," "California olives," or substantially similar representations. This bill would apply a similar prohibition on representations that an olive oil was produced from olives from a specific region of California unless at least 85% of the olive oil, by weight, was produced from olives grown in that specific region. This bill would authorize the Department of Food and Agriculture to seize olive oil labeled in violation of these prohibitions and to dispose of the olive oil. By creating a new 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.