This measure would proclaim, in perpetuity, January 28 as the Stand Against Hate Action Day.
Existing law provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and the Osteopathic Medical Board of California. Existing law requires the applicable board to take action against any licensed physician and surgeon who is charged with unprofessional conduct, as provided. This bill would designate the dissemination of misinformation or disinformation related to the SARS-CoV-2 coronavirus, or "COVID-19," as unprofessional conduct. The bill would also make findings and declarations in this regard.
Existing law allows a person who is unlawfully imprisoned or restrained of their liberty to prosecute a writ of habeas corpus to inquire into the cause of their imprisonment or restraint. Existing law allows a writ of habeas corpus to be prosecuted on the basis of false evidence that is substantially material or probative to the issue of guilt or punishment that was introduced at trial. Existing law defines false evidence for these purposes as including the opinions of experts that have been repudiated by the expert or that have been undermined by later scientific research or technological advances. This bill would additionally allow a person to prosecute a writ of habeas corpus if a significant dispute has emerged or further developed in the petitioner's favor regarding expert medical, scientific, or forensic testimony that was introduced at trial and contributed to the conviction, such that it would have more likely than not changed the outcome at trial, as specified. The bill would also expand the definition of false evidence to include the opinions of experts that are undermined by the state of scientific knowledge. This bill would incorporate additional changes to Section 1473 of the Penal Code proposed by AB 256 to be operative only if this bill and AB 256 are enacted and this bill is enacted last.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA, until January 1, 2030, exempts from its requirements bicycle transportation plans for an urbanized area for restriping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and related signage for bicycles, pedestrians, and vehicles under certain conditions. This bill would delete the requirement that the bicycle transportation plan is for an urbanized area. The bill would extend the exemption to an active transportation plan or pedestrian plan. The bill would define "active transportation plan" and "pedestrian plan." The bill would specify that individual projects that are a part of an active transportation plan or pedestrian plan remain subject to the requirements of CEQA unless those projects are exempt by another provision of law. CEQA exempts from its requirements certain projects that are, among other things, located in an urbanized area, including transit prioritization projects, as defined, and projects for pedestrian and bicycle facilities or for the institution or increase of new bus rapid transit, bus, or light rail services on public or highway rights-of-way. For those exempted projects exceeding $100,000,000 in 2020 United States dollars, CEQA, except as provided, requires the lead agency to, among other things, complete and consider the results of a project business case and a racial equity analysis, as specified, and requires the lead agency, before exempting a project from CEQA, to hold at least 3 noticed public meetings in the project area, as provided. CEQA requires the lead agency, before granting an exemption for projects under the above provisions, to certify that those projects will be carried out by a skilled and trained workforce, except as provided. Existing law repeals the above-described exemption on January 1, 2023. This bill would extend the exemption to January 1, 2030. The bill would revise and recast the exemption to, among other things, repeal the requirement that the exempted projects are located in an urbanized area, extend the exemption by revising the definition of transit prioritization projects, and require projects for the institution or increase of bus rapid transit, bus, or light rail service, as provided, to be located on a site that is wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. The bill would revise the requirements for the project business case and racial equity analysis and noticed public meetings to apply to exempted projects exceeding $100,000,000 and would additionally require the lead agency to complete an analysis of residential displacement and suggest antidisplacement strategies, designs, or actions for those projects for which at least 50% of the project or projects' stops and stations are located in an area at risk of residential displacement and will have a maximum of 15-minute peak headways. The bill would require the lead agency to define or identify areas at risk of residential displacement. For projects that provide for the construction or maintenance of certain hydrogen refueling infrastructure or facilities or that exceed $50,000,000, the bill would require the lead agency to hold certain noticed meetings, as provided. The bill would require the lead agency to take an action at a public meeting of its governing board to certify that the project will be completed by a skilled and trained workforce following the granting of the exemption and would provide that the certification requirement is not required under specified circumstances. This bill would specify that the revision made by this bill to the exemption for projects for the institution or increase of bus rapid transit, bus, or light rail service may apply to projects for which a notice of exemption is filed before January 1, 2023. The bill would, for projects exempted by the above-described provisions for which a notice of exemption was filed before January 1, 2023, authorize the lead agency to either certify that the project will be completed by a skilled and trained workforce after the granting of the exemption or exempt those projects from the certification requirement if the lead agency demonstrates compliance with certain conditions.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law authorizes the Director of the Department of Managed Health Care to take disciplinary measures, including the imposition of civil penalties, against a licensee when the director determines that the licensee has committed an act or omission constituting grounds for disciplinary action, as specified. Under existing law, a person who violates the act, or a rule or order adopted or issued under the act, is generally liable for a civil penalty not to exceed $2,500 per violation. Existing law also includes various provisions that assess specific civil and administrative penalties for certain violations. Fines and penalties under the act are deposited into the Managed Care Administrative Fines and Penalties Fund, and used, upon appropriation by the Legislature, for designated purposes. This bill would increase the base amount of the civil penalty from $2,500 per violation to not more than $25,000 per violation, and would authorize a lower, proportionate penalty for specialized dental and vision health care service plans. Under the bill, the civil penalty base amount would be adjusted annually commencing January 1, 2028, and every 5 years thereafter, as specified. The bill would double the minimum and maximum amounts of the civil and administrative penalties described above, and, commencing January 1, 2028, and every 5 years thereafter, adjust these civil and administrative penalties, as specified. The bill would authorize the director to impose a corrective action plan to require future compliance with the act, under certain circumstances. If a health care service plan fails to comply with the corrective action plan in a timely manner, the bill would require the department to monitor the health care service plan through medical surveys, financial examinations, or other means necessary to ensure timely compliance, and would specify that failure to timely comply with a corrective action plan is grounds for disciplinary action. The bill would require the director, when assessing administrative and civil penalties against a health care service plan, to determine the appropriate amount of the penalty for each violation, based upon consideration of specified factors, such as the nature, scope, and gravity of the violation, whether the violation is an isolated incident, and the amount of the penalty necessary to deter similar violations in the future.
(1) Existing unemployment compensation disability law requires workers to pay contribution rates based on wages received in employment, for payment into the Unemployment Compensation Disability Fund, a special fund in the State Treasury. Under existing law, those funds are continuously appropriated for the purpose of providing disability benefits and making payment of expenses in administering those provisions. Existing law authorizes the Director of Employment Development to increase or decrease the rate of worker contributions, up to a certain amount, if the director determines the adjustment is necessary to reimburse the Unemployment Compensation Disability Fund for disability benefits paid or estimated to be paid or to prevent the accumulation of funds in excess of those needed to maintain an adequate fund balance. Under existing law, the remuneration of a worker over a specified amount is not subject to the contribution levels described above. Under existing law, specifically, the worker contribution provision does not apply to that part of a worker's remuneration which is paid after remuneration with respect to employment equal to 4 times the maximum weekly benefit for each calendar year specified, multiplied by 13 and divided by 55%, has been paid to an individual by an employer. This bill would remove that limitation on January 1, 2024. (2) Existing unemployment compensation disability law provides a formula for determining benefits available to qualifying disabled individuals. Under existing law, for periods of disability commencing on and after January 1, 2018, but before January 1, 2023, (A) if the amount of wages paid an individual during the quarter of their disability base period in which those wages were highest is less than $929, the weekly benefit amount is $50, (B) if the amount of wages paid to the individual during the quarter of their disability base period in which those wages were highest is $929 or more, and is less than 13 of the amount of the state average quarterly wage, the weekly benefit amount is 70% of those wages divided by 13, and (C) if the amount of wages paid an individual during the quarter of their disability base period in which those wages were highest is 13 of the amount of the state average quarterly wage or more, the weekly benefit amount is the greater of 23.3% of the state average weekly wage or 60% of those wages divided by 13. Under existing law, for periods of disability commencing on and after January 1, 2023, if the amount of wages paid an individual during the quarter of their disability base period in which those wages were highest exceeds $1,749.20, the weekly benefit amount is 55% of those wages divided by 13. Under existing law, a benefit that is not a multiple of $1 shall be computed to the next higher multiple of $1, and the amount of the benefit is prohibited from exceeding the maximum workers' compensation temporary disability indemnity weekly benefit amount. Under existing law, the maximum amount of benefits payable to an individual during any one disability benefit period is 52 times their weekly benefit amount, as specified. This bill would revise the formulas described above by extending the formula applicable for periods of disability commencing on and after January 1, 2018, but before January 1, 2023, through periods of disability commencing before January 1, 2025. The bill would revise the formula for periods of disability commencing after January 1, 2025, by redefining the weekly benefit amount to be equal to (A) $50 if the amount of wages paid an individual during the quarter of their disability base period in which those wages were highest is less than $722.50, (B) the greater of 70% of wages divided by 13, but not exceeding the maximum workers' compensation temporary disability indemnity weekly benefit amount, or 63% of the state average weekly wage, if the amount of wages paid an individual during the quarter of their disability base period in which those wages were highest is more than 70% of the state average quarterly wage, and (C) 90% of wages divided by 13, but not exceeding the maximum workers' compensation temporary disability indemnity weekly benefit amount, if the amount of wages paid an individual during the quarter of their disability base period in which those wages were highest is $722.50 or more, but 70% or less than the state average quarterly wage. (3) Existing law establishes, within the above state disability insurance program, a family temporary disability insurance program, also known as the paid family leave program, for the provision of wage replacement benefits for up to 8 weeks to workers who take time off work to care for a seriously ill family member or to bond with a minor child within one year of birth or placement, as specified. Existing law defines "weekly benefit amount" for purposes of both employee contributions and benefits under this program to mean the amount of weekly benefits available to qualifying disabled individuals pursuant to unemployment compensation disability law, calculated pursuant to specified formulas partly based on the applicable percentage of the wages paid to an individual for employment by employers during the quarter of the individual's disability base period in which these wages were highest, but not to exceed the maximum workers' compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations. This bill would revise the formula for the weekly benefit amount under the family temporary disability insurance program to conform to the changes for periods of disability commencing before January 1, 2025. The bill would also revise the formula for periods of disability commencing on or after January 1, 2025, by redefining the weekly benefit amount to be equal to (A) $50 if the amount of wages paid an individual during the quarter of their disability base period in which those wages were highest is less than $722.50, (B) the greater of 70% of wages divided by 13, but not exceeding the maximum workers' compensation temporary disability indemnity weekly benefit amount, or 63% of the state average weekly wage, if the amount of wages paid an individual during the quarter of their disability base period in which those wages were highest is more than 70% of the state average quarterly wage, and (C) 90% of wages divided by 13, but not exceeding the maximum workers' compensation temporary disability indemnity weekly benefit amount, if the amount of wages paid an individual during the quarter of their disability base period in which those wages were highest is $722.50 or more, but 70% or less than the state average quarterly wage. (4) By providing for the deposit of additional contributions in, and by authorizing an increase in disbursements from, the Unemployment Compensation Disability Fund, this bill would make an appropriation.
Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for the work. Existing law authorizes school districts, county offices of education, and charter schools to provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered, and authorizes school nurses or trained personnel to use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose, as provided. Existing law authorizes any pupil who is required to take, during the regular schoolday, medication to be assisted by the school nurse or other designated school personnel, as provided. This bill would, if a pupil diagnosed with seizures, a seizure disorder, or epilepsy has been prescribed an emergency anti-seizure medication by the pupil's health care provider, authorize the pupil's local educational agency, upon receipt of a request from the pupil's parent or guardian, to designate one or more volunteers at the pupil's school to receive initial and annual refresher training regarding the emergency use of anti-seizure medication. The bill would require the Superintendent of Public Instruction to establish minimum standards of training for the administration of emergency anti-seizure medication, as provided. The bill would authorize a school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer who has been designated and received training regarding the emergency use of anti-seizure medication, to administer emergency anti-seizure medication to a pupil diagnosed with seizures, a seizure disorder, or epilepsy if the pupil is suffering from a seizure. The bill would require any local educational agency or school upon receipt of a parent or guardian's request to distribute a related notice at least once per school year to all staff. Before administering emergency anti-seizure medication or therapy prescribed to treat seizures in a pupil diagnosed with seizures, a seizure disorder, or epilepsy, the bill would require a local educational agency to obtain from the pupil's parent or guardian a seizure action plan that includes specified information. By imposing new duties on school districts, county offices of education, and charter schools, 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 specifies the content of a certificate of death, including the full name of the father, birthplace of the father, the full maiden name of the mother, and birthplace of the mother. This bill would, instead, require the certificate of death to include the current first and middle names, birth last names, and the birthplaces of the parents, without reference to the parents' gendered relationship to the decedent. The bill would require the State Registrar to electronically capture information on the parents' relationship to the decedent and any additional last names used by the parents, which would not be transcribed onto the actual hard copy of the death certificate. The bill would require the State Registrar to implement the changes made by the bill no later than July 1, 2024.
Existing law establishes the Transgender Wellness and Equity Fund, under the administration of the State Department of Public Health's Office of Health Equity, for the purposes of funding grants to create programs, or funding existing programs, focused on coordinating trans-inclusive health care for individuals who identify as transgender, gender nonconforming, or intersex (TGI) . Existing law makes the grants available to TGI-serving organizations, defined as an organization with a mission statement that centers around serving transgender, gender nonconforming, and intersex people, and where at least 65% of the clients of the organization are TGI. This bill would rename the fund as the Transgender, Gender Nonconforming, and Intersex Wellness and Equity Fund and define the terms transgender, gender nonconforming, and intersex. The bill would add to the definition of a TGI-serving organization a nonprofit that serves as the fiscal agent or sponsor for an above-described organization and would require a nonprofit serving in that capacity to pass all funding to the above-described organization, but would authorize a reasonable or industry standard fee for administrative costs.
