Existing law requires the court to require an evaluation, investigation, or assessment in any contested proceeding involving child custody or visitation rights if the court has appointed a child custody evaluator or has referred the case for a full or partial court-connected evaluation, investigation, or assessment, and the court determines that there is a serious allegation of child sexual abuse, as defined. Existing law authorizes a court to require an evaluation, investigation, or assessment if there is an allegation of child abuse in any other circumstances. Existing law establishes certain minimum standards for these evaluations, investigations, or assessments. This bill would require the Judicial Council, on or before January 1, 2021, to adopt a form to be used for an evaluation, investigation, or assessment conducted pursuant these provisions, and further require the form to be used on and after that date.
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Existing law requires a tenant or subtenant in possession of a rental housing unit under a month-to-month lease at the time that property is sold in foreclosure to be provided 90 days' written notice to quit before the tenant or subtenant may be removed from the property. Existing law also provides tenants or subtenants holding possession of a rental housing unit under a fixed-term residential lease entered into before transfer of title at the foreclosure sale the right to possession until the end of the lease term, except in specified circumstances. Existing law repeals these provisions as of December 31, 2019. This bill would delete the above-described repeal date, thereby extending the operation of these provisions indefinitely.
Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP) , known in California as CalFresh, formerly the Food Stamp Program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, households are eligible to receive CalFresh benefits to the extent permitted by federal law. Existing federal law provides that students who are enrolled in college or other institutions of higher education at least half time are not eligible for SNAP benefits unless they meet one of several specified exemptions, including participating in specified employment training programs. Existing state law provides that, for the purposes of determining eligibility for CalFresh, certain educational programs, as determined by the State Department of Social Services, be considered employment training programs, thereby qualifying a student participating in one of those programs for an exemption, unless prohibited by federal law. Existing law requires the department to maintain and regularly update a list of programs that meet the employment training exemption set forth in the federal regulation. Existing law also requires the department to issue and maintain instructions for county human services agencies to verify exemptions to the CalFresh student eligibility rules for students who participate in these programs, as specified. This bill would additionally require the department, on or before January 1, 2021, to create a standardized form to be used by community colleges and universities to verify that a student is approved and anticipating participation in state or federal workstudy for the purpose of assisting county human services agencies in determining the student's potential eligibility for CalFresh. The bill would require community colleges and universities to distribute the form to all students approved for state or federal workstudy and to provide information required to complete that form. To the extent that this provision would impose new duties on county human services agencies and community colleges, it would constitute 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 criminalizes various aspects of sex work, including soliciting anyone to engage in, or engaging in, lewd or dissolute conduct in a public place, loitering in a public place with the intent to commit prostitution, or maintaining a public nuisance. Existing law, the California Uniform Controlled Substances Act (CUCSA) , also criminalizes various offenses relating to the possession, transportation, and sale of specified controlled substances. This bill would prohibit the arrest of a person for a misdemeanor violation of the CUCSA or specified sex work crimes, if that person is reporting that they are a victim of, or a witness to, specified crimes. The bill would also state that possession of condoms in any amount does not provide a basis for probable cause for arrest for specified sex work crimes. Existing law specifies a procedure by which condoms may be introduced as evidence in a prosecution for various crimes, including soliciting or engaging in lewd or dissolute conduct in a public place, soliciting or engaging in acts of prostitution, loitering in or about a toilet open to the public for the purpose of engaging in or soliciting a lewd, lascivious, or unlawful act, or loitering in a public place with the intent to commit prostitution. This bill, instead, would prohibit introducing the possession of a condom as evidence in the prosecution of a violation of soliciting or engaging in lewd or dissolute conduct in a public place, soliciting or engaging in acts of prostitution, loitering in a public place with the intent to commit prostitution, or for maintaining a public nuisance, if the offense is related to an act of prostitution. This bill would make other conforming changes. The California Constitution includes the Right to Truth-In-Evidence, which requires a 23 vote of the Legislature to pass a bill that would exclude any relevant evidence from any criminal proceeding, as specified. Because this bill would exclude from a criminal action evidence about a person's liability for an act of prostitution that is otherwise admissible, it requires a 23 vote of the Legislature.
Existing law establishes processes for printing on presidential primary ballots the names of candidates for President of the United States who are considered to be generally recognized candidates or who are selected by a sufficient number of registered voters. Existing law, applicable to non-presidential direct primary elections, requires the Secretary of State to transmit to each county elections official a certified list of candidates who are eligible to be voted for in the official's county at a direct primary election. This bill would enact the Presidential Tax Transparency and Accountability Act, which would require a candidate for President, in order to have the candidate's name placed upon a primary election ballot, to file the candidate's income tax returns for the 5 most recent taxable years with the Secretary of State, as specified. The act would require the Secretary of State, within 5 days of receiving the returns, to make redacted versions of the returns available to the public on the Secretary of State's internet website. This bill would impose the same requirements on candidates for Governor. This bill would declare that it is to take effect immediately as an urgency statute.
This measure would recognize the month of July 2019 as Bebe Moore Campbell National Minority Mental Health Awareness Month in California.
This measure would urge the United States Department of Health and Human Services to rescind the new Title X regulations that will impede access to essential, time-sensitive health care for low-income individuals across California and the nation.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, requires the Department of Managed Health Care to license and regulate health care service plans and makes a willful violation of the act a crime. Existing law requires the Department of Insurance to regulate health insurers. Existing law requires a health care service plan or health insurer offering a contract or policy to provide coverage for emergency services. Existing law prohibits a hospital from transferring a person needing emergency services and care to another hospital for any nonmedical reason unless prescribed conditions are met and makes a willful violation of this requirement a crime. This bill would require a health care service plan contract or insurance policy issued, amended, or renewed on or after January 1, 2020, to provide that if an enrollee or insured receives covered emergency services from a noncontracting hospital, except as specified, the enrollee or insured is prohibited from paying more than the same cost sharing that the enrollee or insured would pay for the same covered services received from a contracting hospital. The bill would require a health care service plan or insurer to pay a noncontracting hospital for emergency services rendered to an enrollee or insured pursuant to a specified formula, would require a noncontracting hospital to bill, collect, and make refunds in a specified manner, and would provide a dispute resolution procedure if any party is dissatisfied with payment. The bill would require health care service plans and insurers to document cost savings pursuant to these provisions. By expanding the duties of health care services plans and hospitals, this bill would expand existing crimes, thereby imposing 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 requires the Department of Motor Vehicles to, as specified, immediately suspend a person's driver's license if the person is administratively found to have been operating a motor vehicle with a specified quantity of alcohol in their blood. Existing law authorizes a person who has had their driver's license suspended by the department to be issued a restricted driver's license if they meet specified criteria, including the installation and maintenance of an ignition interlock device (IID) . Existing law, until January 1, 2026, requires a person, upon a criminal conviction for driving under the influence of alcohol with a prior conviction for driving under the influence or for driving under the influence and causing injury, to install and maintain an IID for a specified period of time. Existing law also authorizes a court, upon the first criminal conviction of a person for driving under the influence, to order the person to install and maintain an IID for a specified period of time, or, if the court does not order the installation of such a device, authorizes the person to apply for a restricted license. Existing law requires the department to credit any time that a person maintained a functioning IID during the period of that person's restricted licensure, but prior to the criminal conviction, toward any mandatory term of maintaining such a device, required upon conviction. This bill would require a person, upon the person's first criminal conviction for driving under the influence, to install and maintain an IID for a specified period of time. The bill would delete those provisions authorizing a restricted license in lieu of an IID for first offenders. The bill would require the department to credit any time that a person maintained a functioning IID during the period of that person's restricted licensure, but prior to the criminal conviction, toward any term of maintaining such a device, required by law upon conviction pursuant to the above-described statute. The bill would place certain recordkeeping requirements upon manufacturers of ignition interlock devices. The bill would also extend the operation of the law requiring IIDs until January 1, 2027, and make conforming changes to related reporting requirements.
(1) Existing law establishes a public school financing system that requires state funding for school districts and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires funding pursuant to the local control funding formula to include, in addition to a base grant, supplemental and concentration grant add-ons that are based on the percentage of pupils who are English learners, foster youth, or eligible for free or reduced-price meals, as specified, served by the school district or charter school. Existing law authorizes schools participating in certain federal school meals programs to establish a base year for purposes of calculating the number of pupils at the school who are eligible for free or reduced-price meals by determining each pupil's eligibility status in that base year and using that number to report eligibility for up to each of the following 3 school years. This bill would additionally allow schools participating in those federal school meals programs to establish a base year by carrying over the number of pupils at the school who were eligible for free or reduced-price meals from the school year in which the school applied to use a federal universal school meal provision. (2) Existing law requires a school district or county superintendent of schools maintaining a kindergarten or any of grades 1 to 12, inclusive, to provide a needy pupil, as defined, one nutritionally adequate free or reduced-price meal during each schoolday, and authorizes the school district or county superintendent of schools to use funds available from any federal or state school meals program to comply with that requirement. Existing law authorizes certain educational entities that participate in the federal School Breakfast Program, commencing with the 2019–20 fiscal year, to provide universal breakfast, as specified. This bill would establish the California-Grown for Healthy Kids Program, administered by the State Department of Education, to increase the provision of universally free school meals made with fresh, California-grown fruits and vegetables. The bill would require fresh, California-grown fruits and vegetables provided pursuant to the program to be provided free of charge to all pupils. The bill, contingent upon an appropriation made for these purposes, would make a school food authority, as defined, that meets specified requirements, including that it makes universally free school breakfast available in all schoolsites and provides universally free breakfast and lunch to all pupils in very high poverty schools, eligible to receive supplemental funding of $0.10 per breakfast served. The bill would authorize a school food authority to combine funding received pursuant to the program with other public or private funding sources to ensure that fresh, California-grown fruits or vegetables, or both, are provided to pupils. The bill would require, as a condition of receipt of funds pursuant to the program, a schoolsite to offer nutrition education activities and provide pupils with culturally appropriate meals.