Existing law, subject to an appropriation, requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for automatic conviction record relief. Under existing law, a person is eligible for automatic conviction record relief if, on or after January 1, 1973, they were sentenced to probation, and completed it without revocation, or if they were convicted of an infraction or a misdemeanor, and other criteria are met, as specified. Existing law, commencing July 1, 2024, and subject to an appropriation, generally makes this arrest record relief available to a person who has been arrested for a felony, including a felony punishable by imprisonment in the state prison, as specified. This bill would, commencing July 1, 2024, require the department to provide confirmation that relief was granted upon request from the subject of the record. The bill would make other technical changes.
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Existing law, the Menstrual Equity for All Act of 2021, requires a public school, as provided, maintaining any combination of classes from grades 6 to 12, inclusive, to stock the school's restrooms with an adequate supply of free menstrual products, as defined, available and accessible, free of cost, in all women's restrooms and all-gender restrooms, and in at least one men's restroom, at all times, and to post a certain notice, on or before the start of the 2022–23 school year, as prescribed. This bill would extend these requirements, commencing on or before the start of the 2024–25 school year, to instead apply to public schools maintaining any combination of classes from grades 3 to 12, inclusive. By imposing new duties on local educational 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, 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 classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Existing law also imposes an additional term, and authorizes a trial court to impose a specified fine, upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, cocaine base, and cocaine, if the substance exceeds a specified weight. This bill would add fentanyl to the substances for which additional terms or fines can be imposed and would require a defendant who violates those laws with respect to a substance containing heroin, fentanyl, or cocaine, as specified, to know of the substance's nature or character as a controlled substance to be subjected to an additional term and authorized fine. By increasing the penalty for, and by changing the definition of, a crime, 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 generally prohibits discrimination in the provision of privileges and services on the basis of sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, and immigration status. Existing law provides a cause of action against any person who denies, aids or incites a denial, or makes any discrimination or distinction on the bases listed, as specified, and permits the recovery of attorney's fees. Existing law establishes the Civil Rights Department (department) and makes it responsible for, among other things, investigating and prosecuting complaints alleging a violation of these provisions. Existing law establishes the Civil Rights Enforcement and Litigation Fund (fund) , to be administered by the department. This fund consists of attorney's fees and costs awarded by a court to the department when the department is the prevailing party in a civil action brought under specified law. Existing law authorizes moneys in the fund, upon appropriation by the Legislature in the annual Budget Act, to be used to offset the costs of the department. This bill would, commencing on March 1, 2025, and annually thereafter, require a covered entity, defined as a venture capital company that meets specified criteria, to report to the department specified information about their funding determinations, including, at an aggregate level, specified demographic information for the founding teams of all of the businesses in which the covered entity made a venture capital investment in the prior calendar year to the extent the information was provided pursuant to a survey the bill would require a covered entity to provide to each founding team member of a business that has received funding from a venture capital company to which the covered entity has acted as an investment adviser, as specified. The bill would require this information to be collected and reported in a manner that does not associate the survey response data with an individual founding team member. The bill would require the department to charge and collect fees to administer these provisions, as specified. The bill would require the department to notify the covered entity that the covered entity must submit the report within 60 days of the notification. If the covered entity has not submitted the report after those 60 days have elapsed, the bill would authorize the department to commence prescribed proceedings seeking specified relief, including a penalty, as specified. The bill would require moneys collected pursuant to these provisions to be deposited in the fund, and would express the intent of the Legislature that these moneys be appropriated in the Budget Act to the department for administration of these provisions. The bill would define various terms for these purposes.
Existing law generally entitles a state employee to be given time off with pay for specified holidays and entitles a state employee to one personal holiday per fiscal year. Existing law authorizes the department head or designee to require the employee to provide 5 working days' advance notice before a personal holiday is taken, to deny use subject to operational needs, and to provide by rule for the granting of the personal holiday for employees. Existing law authorizes a state employee to elect to receive 8 hours of holiday credit for certain holidays in lieu of receiving 8 hours of personal holiday credit, as specified. This bill would authorize an employee to elect to receive 8 hours of holiday credit for observance of a holiday or ceremony of the state employee's religion, culture, or heritage in lieu of receiving 8 hours of personal holiday credit. Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system. Existing law, the Ralph C. Dills Act, grants state employees the right to form and join employee organizations for the purpose of representation of all matters of employer-employee relations. Existing law establishes procedures by which an agreement in the form of a written memorandum of understanding may be reached between the Governor and the recognized employee organization, and presented, as appropriate, to the Legislature for determination. This bill would apply its provisions to a bargaining unit only after the bargaining unit meets and confers with the Department of Human Resources in the ordinary process and timeline for negotiating and renegotiating the bargaining unit's collective bargaining agreement, as specified.
(1) Existing law requires the driver of a school pupil activity bus, as defined, to be subject to the regulations adopted by the Department of the California Highway Patrol governing schoolbus drivers, except as specified. This bill would place various requirements upon a driver who provides certain transportation services for pupils, including, among others, by requiring these drivers to submit and clear tuberculosis risk assessments, as provided. The bill would require any vehicle used to provide pupil transportation for compensation by a local educational agency, as defined, to be inspected, as specified, and to be equipped with a first aid kit and a fire extinguisher. The bill would require any local educational agency contracting with a private entity to provide pupil transportation to obtain from the private entity a written attestation that, among other things, it not have any applicable law violations, as defined, at the time of applying for the contract and that it will maintain compliance with applicable laws, as defined, for the duration of the contract. The bill would authorize a third party to report to the relevant local educational agency that the private entity the local educational agency contracted with has failed to provide a truthful attestation or has failed to maintain compliance with the applicable laws required for the duration of the contract, as specified. The bill would apply the above-mentioned provisions to all drivers employed by a local educational agency, contracted by a local educational agency, or contracted by any entity with funding from a local educational agency, providing school-related pupil transportation, as defined, for compensation. The bill would not apply the above-mentioned provisions to (A) drivers of specified entities, (B) certain persons who are compensated to drive a pupil, (C) a school employee of a local educational agency when the employee provides transportation to pupils due to or because of the employee's supervision of pupils for a field trip, extracurricular activity, or athletic program, or when the employee provides transportation to pupils for other activities, not to exceed 40 hours of drive time per school year per employee, (D) a driver who transports a pupil because of certain emergencies or an immediate threat to the physical safety of the pupil, (E) a driver who transports a pupil if the transportation is being provided through a Foster Youth Services Coordinating Program while a pupil's transportation plan is being finalized, or (F) a driver during a trip for which they are authorized by the local educational agency to transport one or more pupils for a field trip when the destination is more than 200 miles from the transported pupil's California school campus, as specified. To the extent that the above-mentioned requirements conflict with a contract entered into between a local educational agency and a private entity before January 1, 2024, the bill would not apply those requirements until the expiration or renewal of that contract. The bill would make the provision regarding the expiration or renewal of these contracts operative on January 1, 2024, while making the remainder of the above-mentioned provisions operative on July 1, 2025. By imposing new requirements on local educational agencies, the bill would constitute a state-mandated local program. (2) Existing law requires a governing board or county superintendent of schools providing for the transportation of pupils under contract, as provided, or any other provision of law to require as a condition of the contract the tuberculosis risk assessment, as provided, except that, at the discretion of the governing board or county superintendent of schools, that provision does not apply to a private contracted driver who transports pupils infrequently without prolonged contact with the pupils. This bill would delete that exception for private contracted drivers. The bill would additionally extend the requirement involving a tuberculosis risk assessment to the governing body of a charter school, as specified. At the discretion of the governing board, county superintendent of schools, or governing body of a charter school, the bill would not apply the requirement involving a tuberculosis risk assessment to a private contracted driver who transports pupils infrequently and without prolonged contact with the pupils before July 1, 2025. To the extent that the bill would impose a new requirement on charter schools, the bill 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.
Existing law requires the State Department of Social Services to allocate federal funds appropriated for refugee social services programs to each eligible county, and authorizes the department, to the extent permitted by federal law, to contract with or award grants to a qualified nonprofit organization for the purpose of administering refugee social services within a county. This bill would require each county human services agency to post a single page on its internet website with a list of resources available for refugees that includes, among other things, public transportation, financial literacy information, and affordable housing and rental assistance programs. By imposing new duties on counties, the bill would impose a state-mandated local program. The bill would also require the department to post a single page on its internet website with a list of available state resources available for refugees and a link to the internet website of each county human assistance agency. 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 establishes the Department of Housing and Community Development and sets forth its powers and duties. Existing law establishes various programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, homeownership for very low and low-income households, and downpayment assistance for first-time homebuyers. Existing law requires the department to, on or before December 31 of each year, submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department, as prescribed. This bill, the Stable Affordable Housing Act of 2023, would require the department, no later than December 31, 2026, to complete a California Social Housing Study consisting of a comprehensive analysis of the opportunities, resources, obstacles, and recommendations for the creation of housing that is affordable, as defined, and social housing, as defined, at scale, to assist in meeting the need identified in the statewide projections for below market rate housing affordable to households with extremely low, very low, low, and moderate incomes in the 6th Regional Housing Needs Assessment cycle. The bill would require the study to include, among other things, an analysis of the funding, public lands, and other resources and opportunities that are, or can be made, available to achieve certain goals of the state related to housing supply. The bill would require the department to include the study in the annual report to the Governor and the Legislature described above.
Existing law states the intent of the Legislature to ensure that all pupils in foster care and those who are homeless, as defined, have a meaningful opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. Existing law requires educators, county placing agencies, care providers, advocates, and the juvenile courts to work together to maintain stable school placements and to ensure that each pupil is placed in the least restrictive educational programs, and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils, as provided. Existing law authorizes the governing board of any school district to initiate and carry on any program, activity, or to otherwise act in any manner that is not in conflict with or inconsistent with, or preempted by, any law and that is not in conflict with the purposes for which school districts are established. This bill would require a school district, county office of education, or charter school, if the local educational agency operates an intersession program, as defined, to grant priority access to foster children and homeless youth, as provided. The bill would, notwithstanding any other law, provide that if a foster child or homeless youth will be moving during an intersession period, the pupil's parent, guardian, educational rights holder, or Indian custodian, as defined, in the case of an Indian child, or, if there is no parent, guardian, educational rights holder, or Indian custodian, the unaccompanied homeless youth, as applicable, shall determine which school the pupil attends for the intersession period, if applicable. This bill would incorporate additional changes to Section 48853.5 of the Education Code proposed by AB 723 to be operative only if this bill and AB 723 are enacted and this bill is enacted last.
Existing law, the Healthy Workplaces, Healthy Families Act of 2014 (act) , establishes requirements relating to paid sick days and paid sick leave, as described. The act excludes specified employees from its provisions, including an employee covered by a valid collective bargaining agreement, as described (CBA employees) . This bill would exclude railroad carrier employers and their employees from the act's provisions. Existing law, with certain exceptions, entitles an employee to paid sick days for certain purposes if the employee works in California for the same employer for 30 or more days within a year from the commencement of employment. Existing law imposes procedural requirements on employers regarding the use of paid sick days, including by prohibiting retaliation for using paid sick days, by prohibiting the imposition of certain conditions on the use of paid sick days, and by requiring the use of paid sick days for specified health care and situations. Existing law requires the leave to be accrued at a rate of no less than one hour for every 30 hours worked, and to be available for use beginning on the 90th day of employment. This bill would extend the above-described procedural requirements on the use of paid sick days to CBA employees. Existing law authorizes an employer to use a different accrual method as long as an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period. Existing law also provides that an employer may satisfy the accrual requirements by providing not less than 24 hours or 3 days of paid sick leave that is available to the employee to use by the completion of the employee's 120th calendar day of employment. This bill would modify the employer's alternate sick leave accrual method to additionally require that an employee have no less than 40 hours of accrued sick leave or paid time off by the 200th calendar day of employment or each calendar year, or in each 12-month period. The bill would modify that satisfaction provision to authorize an employer to satisfy accrual requirements by providing, in addition to the existing criteria for satisfaction above, not less than 40 hours or 5 days of paid sick leave that is available to the employee to use by the completion of the employee's 200th calendar day of employment. Existing law requires accrued paid sick days to carry over to the following year of employment. Existing law, however, authorizes an employer to limit an employee's use of accrued paid sick days to 24 hours or 3 days in each year of employment, calendar year, or 12-month period. Under existing law, this provision is satisfied and no accrual or carryover is required if the full amount of leave is received at the beginning of each year of employment, calendar year, or 12-month period. Existing law defines "full amount of leave" for these purposes to mean 3 days or 24 hours. This bill would raise the employer's authorized limitation on the use of carryover sick leave to 40 hours or 5 days in each year of employment. The bill would redefine "full amount of leave" to mean 5 days or 40 hours. Existing law also entitles individual providers of in-home supportive services and waiver personal care services, as defined, to paid sick days in specified amounts in accordance with minimum wage increases, up to a maximum of 24 hours or 3 days each year of employment when the minimum wage has reached $15 per hour. Existing law authorizes the State Department of Social Services to implement and interpret these provisions. This bill would increase the sick leave accrual rate for these providers to 40 hours or 5 days in each year of employment, beginning January 1, 2024. Under existing law, an employer is not required to provide additional paid sick days pursuant to these provisions if the employer has a paid leave or paid time off policy, makes an amount of leave available to employees that may be used for the same purposes and under the same conditions as these provisions, and the policy satisfies one of specified conditions. Under that law, one of those conditions requires the employer to have provided paid sick leave or paid time off in a manner that results in an employee's eligibility to earn at least 3 days or 24 hours of sick leave or paid time off within 9 months of employment. This bill would change that condition so that the employee must be eligible to earn at least 5 days or 40 hours of sick leave or paid time off within 6 months of employment. Under existing law, an employer has no obligation under these provisions to allow an employee's total accrual of paid sick leave to exceed 48 hours or 6 days, provided that an employee's rights to accrue and use paid sick leave are not otherwise limited, as specified. This bill would increase those accrual thresholds for paid sick leave to 80 hours or 10 days. Existing paid sick days law sets forth provisions on, among other things, compensation for accrued, unused paid sick days upon specified employment events, the lending of paid sick days to employees, written notice requirements, the calculation of paid sick leave, reasonable advance notification requirements, and payment of sick leave taken. This bill would provide that these provisions shall preempt any local ordinance to the contrary. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.