Existing law provides for various public social services programs, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals, CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county, and the Medi-Cal program, under which qualified low-income individuals receive health care services. Existing federal and state law provide that in determining the eligibility and amount of aid for an alien, the income and resources of an alien shall be deemed to include the income and resources of any person who has executed an affidavit of support on behalf of the alien and the spouse of that person, as specified, and requires the sponsored applicant or recipient to provide information regarding the income and resources of those persons. Existing federal law and state regulations provide that if a sponsored alien is determined to be indigent, as specified, the sponsored alien shall be exempt from the sponsor deeming requirements for a period beginning on the date of that indigency determination and ending 12 months after that date. This bill would, to the extent permitted by federal law, waivers, and directives, require a county to renew the 12-month exception period for additional 12-month periods for a sponsored applicant for, or recipient of, CalWORKs benefits who is deemed to meet the indigence requirement, as specified. The bill would require the department to commence implementing this provision when the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement the 12-month renewals. The bill would authorize the department to implement and administer this provision through all-county letters or similar instructions until regulations are adopted, and require the department to adopt regulations no later than 24 months after the release of the all-county letters or similar instructions. By increasing county duties, the bill would impose a state-mandated local program. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would provide that the continuous appropriation would not be made for purposes of implementing 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.
Sponsored bills
Existing law, in a civil action to be resolved by trial or arbitration, authorizes a party to serve an offer in writing on any other party to the action to allow judgment to be taken or an award to be entered in accordance with the terms and conditions stated at the time. Existing law shifts specified postoffer costs to a plaintiff who does not accept a defendant's offer if the plaintiff fails to obtain a more favorable judgment or award. Existing law also authorizes a court or arbitrator to order a party who does not accept the opposing party's offer and fails to obtain a more favorable judgment or award to cover the postoffer costs for the services of expert witnesses, as specified. Existing law exempts certain actions from those provisions, including any labor arbitration filed pursuant to a memorandum of understanding under the Ralph C. Dills Act. This bill would also exempt from those provisions any action to enforce the California Public Records Act.
Existing law generally requires a county from which a person is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, to pay to the state an annual rate of $24,000 while the person remains under the direct supervision of the division or remains cared for and supported at the expense of the division. This bill would increase that annual rate to $125,000 if the offense on which the commitment is based, had it been filed in a court of criminal jurisdiction at the time of adjudication, had a maximum aggregate sentence of fewer than 7 years or if the offense on which the commitment is based occurred when the person was 15 years of age or younger.
Existing law regulates arbitrations conducted pursuant to an agreement, as specified. (1) In an employment or consumer arbitration in which the drafting party, as defined, is required to pay certain fees and costs before the arbitration can proceed, this bill would provide that if the fees or costs to initiate an arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel arbitration. If the drafting party materially breaches the arbitration agreement and is in default of the arbitration, the bill would authorize the employee or consumer to either withdraw the claim from arbitration and proceed in a court of appropriate jurisdiction, or to compel arbitration in which the drafting party is required to pay reasonable attorney's fees and costs related to the arbitration. If the employee or consumer proceeds with an action in a court of appropriate jurisdiction, the bill would provide that the statute of limitations with regard to all claims brought or that relate back to any claim brought in arbitration are tolled, as specified. The bill would further require the court to impose a monetary sanction on the drafting party who materially breaches an arbitration agreement, and would authorize the court to impose other sanctions, as specified. (2) In an employment or consumer arbitration in which the drafting party, as defined, is required to pay certain fees and costs during the pendency of an arbitration proceeding, this bill would provide that if those fees or costs are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel arbitration. If the drafting party materially breaches the arbitration agreement and is in default of the arbitration, the bill would authorize the employee or consumer to unilaterally withdraw the claim from arbitration and proceed in a court of appropriate jurisdiction, or to compel arbitration, as specified. If the employee or consumer proceeds with an action in a court of appropriate jurisdiction, the bill would provide that the statute of limitations with regard to all claims brought or that relate back to any claim brought in arbitration are tolled, as specified. The bill would require the court to impose a monetary sanction on the drafting party who materially breaches an arbitration agreement, and would authorize the court to impose other sanctions, as specified. If the employee or consumer compels arbitration, the bill would require the arbitrator to impose appropriate sanctions on the drafting party, including monetary sanctions, issue sanctions, evidence sanctions, or terminating sanctions. (3) Existing law requires a private arbitration company involved in consumer arbitration cases to collect and make certain information regarding those cases available to the public, as specified. This bill would additionally require a private arbitration company to collect and report demographic data in the aggregate relative to ethnicity, race, disability, veteran status, gender, gender identity, and sexual orientation of all arbitrators, as specified. (4) The bill would make related legislative findings and declarations, and would provide that if any provision or its application to any person or circumstance is held invalid, that invalidity does not affect other provisions or applications that can be given effect without the invalid provision or application.
(1) The Guardianship-Conservatorship Law (law) generally establishes the powers and duties of a guardian or conservator of a person, an estate, or both. The law authorizes the guardian or conservator to establish the residence of the ward or conservatee at any place within this state without the permission of the court, and requires the guardian or conservator to select the least restrictive appropriate residence that is available. The law presumes that the personal residence of the conservatee is the least restrictive appropriate residence for the conservatee, and provides that, in any hearing to determine if removal of the conservatee from their personal residence is appropriate, the presumption may be overcome by a preponderance of the evidence. This bill would instead provide the presumption may be overcome by clear and convincing evidence. (2) The law generally authorizes a conservator to sell the present or former residence of the conservatee, if the sale provides specified benefits and the guardian or conservator complies with applicable procedures and provides required notice. Existing law requires a conservator to notify the court of the proposed sale and provide specific information about the sale and the conservatee, including the benefits of selling the residence and whether the conservatee supports the sale or has the ability to live in their personal residence. Existing law authorizes the court to waive certain requirements imposed on a conservator selling the conservatee's residence, including requirements for an appraisal. This bill would require a conservator to notify the court of a sale of a present or former residence before the conservator commits any significant resources to the proposed sale, except as specified, and would further require the conservator to provide the court with additional information about the sale. The bill would authorize the sale of a conservatee's present or former personal residence only if the court finds by clear and convincing evidence that the conservator demonstrated a compelling need to sell the residence for the benefit of the conservatee. The bill would delete the authority of a court to waive certain requirements for a sale, including the requirement for a conservator to obtain an appraisal. (3) The law authorizes a guardian or conservator of the estate or person to petition the court for an order to compensate their services or the services of the attorney to the guardian or conservator. Existing law requires the compensation to be reasonable and prohibits compensation to a guardian or conservator for any costs or fees incurred in unsuccessfully opposing a petition, or other request or action, made by or on behalf of the ward or conservatee, except as specified. This bill would prohibit compensation to a guardian, conservator, or attorney with any government benefits program moneys unless deemed by the court to be necessary to sustain the support and maintenance of the ward or conservatee.
(1) The Davis-Stirling Common Interest Development Act governs the creation and management of common interest developments. The act requires a homeowner's association to adopt rules that, among other things, specify the qualifications for candidates for the board of directors of the association and any other elected position, qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents. The act requires the sealed ballots to be at all times in the custody of the inspector or inspectors of elections or at a designated location until after the tabulation of the vote. This bill would, among other things, require an association to provide general notice of the procedure and deadline for submitting a nomination as a candidate at least 30 days before any deadline for submitting a nomination. The bill would require an association to disqualify a person from nomination as a candidate for not being a member at the time of the nomination. The bill would authorize an association to disqualify a person from being nominated or from serving on the board for specified reasons, including the failure to pay regular and special assessments. The bill would require the rules to require retention of, as association elections materials, both a candidate registration list and a voter list, which would be required to be made available to members to verify the accuracy of their individual information, in accordance with specified timeframes. The bill would require these rules to prohibit the denial of a ballot to a member and to a person with general power of attorney for an owner. This bill would require the sealed ballots, signed voter envelopes, voter list, proxies, and candidate registration list to be in the custody of the inspector of elections or at a designated location until after vote tabulation and would, with certain exceptions, require these association election materials to be considered association records, as defined, subject to inspection. (2) Existing law requires an independent third party to be selected by the association as the inspector of elections and prohibits a person, business entity, or subdivision of a business entity that is employed or under contract to the association for any compensable services from being an independent third party unless otherwise expressly authorized by the rules of the association. This bill would delete the exception made by rules of the association. (3) Existing law authorizes a member of an association to bring a civil action for declaratory or equitable relief for a violation of the above-described provisions by the association within one year from the date the cause of action accrues and authorizes a court to void the election results, as specified. Existing law also authorizes a cause of action for certain violations of the provisions governing common interest development association elections to be brought in small claims court. This bill would, among other things, authorize the civil action to be brought in superior court or, if the amount of the demand does not exceed the jurisdictional amount of the small claims court, in small claims court, within one year from the date that the inspector of elections notifies the board and membership of the election results, whichever is later. The bill would also require the court, if a member establishes by a preponderance of the evidence that election provisions or operating rules were not complied with, to void the election results unless the association establishes, by a preponderance of the evidence, that the association's noncompliance with the election provisions or operating rules did not affect the election results. The bill would also prohibit an association from filing a civil action regarding a dispute in which the member has requested dispute resolution unless the association has complied with the internal dispute resolution procedures governing common interest developments, as specified. (4) Existing law defines association records to include membership lists, including name, property address, and mailing address, as specified. This bill would include email addresses among the records that are defined as association records. (5) Under existing law, elections regarding common interest development assessments that legally require a vote, election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area are required to be held by secret ballot in accordance with specified procedures. This bill would require an election for the board of directors to be held at the end of each director's expiring term and at minimum every four years. This bill would incorporate additional changes to Section 5100 of the Civil Code proposed by SB 754 to be operative only if this bill and SB 754 are enacted and this bill is enacted last.
The Medical Practice Act provides for the licensure and regulation of the practice of medicine. The act makes it unprofessional conduct for a licensee to prescribe, dispense, or furnish dangerous drugs without an appropriate prior examination and a medical indication. This bill would specify that an appropriate prior examination does not require a synchronous interaction between the patient and the licensee and can be achieved through the use of telehealth, as specified, provided that the licensee complies with the appropriate standard of care. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Under existing law, the State Lands Commission has jurisdiction over certain public lands in the state, including tidelands and submerged lands. Existing law authorizes the commission to enter into an exchange, with any person or any private or public entity, of filled or reclaimed tidelands and submerged lands or beds of navigable waterways, or interests in these lands, that are subject to the public trust for commerce, navigation, and fisheries, for other lands or interests in lands, if the commission finds that specified conditions are met, as prescribed. This bill would enact the Oakland Waterfront Sports and Mixed-Use Project, Waterfront Access, Environmental Justice, and Revitalization Act and would authorize the State Lands Commission and the San Francisco Bay Conservation and Development Commission to take certain actions related to the development of the Howard Terminal property located in the City of Oakland for the Oakland Sports and Mixed-Used Project, as defined. The bill would require the San Francisco Bay Conservation and Development Commission and the Metropolitan Transportation Commission to take certain actions related to the San Francisco Bay Seaport Plan and San Francisco Bay Plan. By imposing additional duties on the Metropolitan Transportation Commission, this bill would impose a state-mandated local program. (2) This bill would make legislative findings and declarations as to the necessity of a special statute governing public trust lands at the Howard Terminal property in the City of Oakland. (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 generally makes a person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, or mobile phone, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside, guilty of a misdemeanor. This bill would specifically include electronic devices and unmanned aircraft systems in the list of instrumentalities described above. This bill would incorporate additional changes to Section 647 of the Penal Code proposed by SB 485 to be operative only if this bill and SB 485 are enacted and this bill is enacted last.