Existing law makes it a crime to possess specified controlled substances or paraphernalia. Existing law makes it a crime to use or be under the influence of specified controlled substances. Existing law additionally makes it a crime to visit or be in any room where specified controlled substances are being unlawfully used with knowledge that the activity is occurring, or to open or maintain a place for the purpose of giving away or using specified controlled substances. Existing law makes it a crime for a person to rent, lease, or make available for use any building or room for the purpose of storing or distributing any controlled substance. Existing law authorizes forfeiture of property used for specified crimes involving controlled substances. This bill would, until January 1, 2022, authorize the City and County of San Francisco to approve entities to operate overdose prevention programs for adults that satisfies specified requirements, including, among other things, a hygienic space supervised by health care professionals, as defined, where people who use drugs can consume preobtained drugs, sterile consumption supplies, and access to referrals to substance use disorder treatment. The bill would require any entity operating a program under its provisions to provide an annual report to the city and county, as specified. The bill would exempt a person from existing criminal sanctions solely for actions or conduct on the site of a safer drug consumption services program for adults authorized by the city and county. This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.
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Existing law, the Legislative Employee Whistleblower Protection Act, imposes criminal and civil liability on a Member of the Legislature or legislative employee, as defined, who interferes with, or retaliates against, a legislative employee's exercise of the right to make a protected disclosure, which is defined as a good faith allegation made by a legislative employee to specified entities that a Member of the Legislature or a legislative employee has engaged in, or will engage in, activity that may constitute a violation of law or a violation of a legislative standard of conduct. This bill would define "protected disclosure" for purposes of that act to also include a complaint made at the request of a legislative employee and a complaint made against a nonemployee in specified circumstances. Existing law, the California Fair Employment and Housing Act (FEHA) , protects and safeguards the right and opportunity of all persons to generally seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of enumerated protected categories. Existing law also precludes an employer, labor organization, employment agency, or person from discharging, expelling, or otherwise discriminating against any person because the person has opposed any practices forbidden under FEHA or because the person has filed a complaint, testified, or assisted in any FEHA proceeding. Existing law, the Unruh Civil Rights Act, states that all people in California are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, no matter their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law establishes a cause of action for violations of that act. Existing law also separately establishes liability for sexual harassment if a plaintiff proves specified elements, including, among other things, that there is a business, service, or professional relationship between the plaintiff and defendant. This bill would declare that neither house of the Legislature may retaliate against a legislative advocate or employee, as defined, because that person has opposed any practices forbidden under the above provisions, or filed a complaint, testified, or assisted in any proceeding relating to a complaint of harassment under those provisions. This bill would impose civil liability for a violation of that prohibition. This bill would also require each house of the Legislature to maintain a record of each harassment complaint made to that house for a period of at least 12 years after the complaint is made. This bill would declare that it is to take effect immediately as an urgency statute.
(1) The Planning and Zoning Law requires a city or county to adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Existing law requires a planning agency to submit a draft of the housing element to the Department of Housing and Community Development for review, as specified. Existing law requires the department, in consultation with each council of governments, to determine the existing and projected need for housing for each region in accordance with specified requirements. Existing law requires the appropriate council of governments, or the department for a city and county that does not have a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county in accordance with certain requirements and procedures, including that a specified type of ordinance or policy that limits the number of residential building permits issued by a city or county may not be used as a justification for a determination or reduction in a jurisdiction's share of the regional housing need. This bill would prohibit the prior underproduction of housing in a city or county from the previous cycle and stable population numbers in a city or county from the previous cycle from being used as a justification for a determination or a reduction in the jurisdiction's share of the regional housing need. (2) Existing law requires, at least 26 months prior to the scheduled revision of the housing element and developing the existing and projected housing need for a region, the department to meet and consult with the council of governments regarding the assumptions and methodology to be used by the department to determine the region's housing needs. Existing law requires the council of governments to provide data assumptions from the council's projections, including, if available, specified data factors for the region, including, data relating to the percentage of renter's households that are overcrowded and vacancy rates for healthy housing market functioning and regional mobility. Existing law requires the department, after consulting with the council of governments, to determine, in writing, the data assumptions for each of the data factors provided, as well as the methodology the department will use. This bill would additionally require the council of governments to provide data on the overcrowding rate for a comparable housing market, and would define the vacancy rate for a healthy rental housing market for those purposes to be no less than 5%. The bill would also require the council of governments to include data on the percentage of households that are cost burdened, the rate of housing cost for a healthy housing market, and data on the projected household income growth. This bill would provide that statutory changes enacted after the date the department issued a final determination do not provide a basis for a revision of the final determination. This bill would require the methodology approved by the department to grant allowances to adjust for data factors relating to overcrowding, vacancy rates, and households that are cost burdened, as described above, based on the region's total projected households, which includes existing households as well as future projected households. (3) Existing law requires the council of governments, or delegate subregion as applicable, to develop a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or subregion, as applicable, that is consistent with specified objectives. Existing law, to the extent that sufficient data is available as provided, requires each council of governments, or delegate subregion as applicable, to include specified factors to develop the methodology that allocates regional housing needs including, among other factors, the opportunities and constraints regarding development of addition housing in each member jurisdiction, such as lands preserved or protected from urban development under existing federal or state programs, or both, designed to protect open space, farmland, environmental habitats, and natural resources on a long-term basis. This bill would revise this factor to also include lands zoned or designated for agricultural protection or preservation that are subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts their conversion to nonagricultural uses. (4) By expanding the duties of local governments relating to the housing element program and the final regional housing need plan, this bill would impose a state-mandated local program. (5) This bill would incorporate additional changes to Section 65584 of the Government Code proposed by AB 1771 to be operative only if this bill and AB 1771 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65584.01 of the Government Code proposed by AB 1771 and AB 2238 to be operative only if this bill and either or both AB 1771 and AB 2238 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65584.04 of the Government Code proposed by AB 1771 and AB 2238 to be operative only if this bill and either or both AB 1771 and AB 2238 are enacted and this bill is enacted last. (6) 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 federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law authorizes current and future grants payable to an assistance unit to be reduced due to prior overpayments. Existing law prohibits a county from attempting to recover payments when the outstanding overpayments are less than $35, if the individual is no longer receiving aid under the CalWORKs program. This bill would instead set the limit of the outstanding overpayments at $250, or a higher threshold established by the State Department of Social Services, if the department determines that a higher threshold is more cost effective. The bill would prohibit the department from establishing a lower threshold. The bill would require a county to expunge an overpayment if the county determines that the overpayment has been caused by a major systemic error or negligence. The bill would make conforming changes to related provisions. Existing law requires, if an overpayment has been made to an assistance unit that is no longer receiving public social services, that the recovery be made by an appropriate action under state law against the income or resources of the individual responsible for the overpayment or against the family. This bill would instead provide that, if an overpayment has been made to an assistance unit that is no longer receiving public social services, recovery shall be made by appropriate action under state law and, except in cases involving an investigation into suspected fraud, deem an overpayment uncollectible and expunge that overpayment if the individual responsible for the overpayment has not received aid under CalWORKs for 36 consecutive months or longer. Existing law prohibits the commencement of a civil or criminal action against a person based on alleged unlawful application for or receipt of public social services if the case record of the person has been destroyed after the required retention period. This bill would also prohibit the commencement of the action if the case record or any consumer credit report used in the case has not been made available or has been destroyed, as specified. This bill would authorize the State Department of Social Services to implement these provisions through an all-county letter or similar instruction until emergency regulations are adopted, and would require the department to adopt emergency regulations on or before January 1, 2021, and to adopt final regulations thereafter. This bill would make its provisions operative on July 1, 2019. By increasing the duties of county agencies, 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, 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 continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
(1) Existing law generally requires the State Department of Social Services to license and regulate designated types of care facilities. The department is specifically required to investigate the criminal record of certain individuals who provide services to the residents and clients of a community care facility, a residential care facility for persons with chronic life-threatening illness, a residential care facility for the elderly, or a child day care facility. Violations of the licensing requirements for these different types of care facilities are crimes. This bill would expand who is required to comply with the requirement for obtaining a criminal record clearance by limiting an exception to this requirement and would expand a requirement for the department to maintain criminal record clearances of individuals in its active files. The bill would require, until an automated information system for tracking changes in facility associations is available, the department to permit a licensee who operates more than one of the same kind of care facility to coordinate the criminal record clearances for individuals associated with its facilities, as specified, and a licensee to update the department regarding individuals associated with its facilities at specified times and in a designated manner. By expanding the requirements for these different licensees, this bill would expand the crimes for a failure to comply with those requirements, thereby imposing a state-mandated local program. (2) This bill would incorporate additional changes to Section 1522 of the Health and Safety Code proposed by AB 1930 to be operative only if this bill and AB 1930 are enacted and this bill is enacted last. (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 no reimbursement is required by this act for a specified reason.
Existing law prohibits the sale or transfer of a handgun, except as specifically exempted, to any person under 21 years of age. Existing law also prohibits the sale or transfer of a firearm, other than a handgun, except as specifically exempted, to any person under 18 years of age. A violation of this prohibition by the dealer is a crime. This bill would prohibit the sale or transfer of any firearm by a licensed dealer, except as specifically exempted, to any person under 21 years of age. Existing law requires a person who wishes to manufacture or assemble a firearm to first apply to the Department of Justice for a unique serial number or other identifying mark. Existing law requires an applicant to be at least 18 years of age for a firearm that is not a handgun, and at least 21 years of age for a firearm that is a handgun. A violation of the application requirement is a crime. This bill would instead require an applicant to be at least 21 years of age for any firearm, except that applications would be granted for an applicant who is at least 18 years of age but less than 21 years of age for a firearm that is not a handgun if the application is made before February 1, 2019. The bill would make additional technical, nonsubstantive changes. This bill would incorporate additional changes to Section 29182 of the Penal Code proposed by SB 746 to be operative only if this bill and SB 746 are enacted and this bill is enacted last. By expanding the scope of existing crimes, 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.
Existing law requires the State Water Resources Control Board to establish uniform statewide recycling criteria for each varying type of use of recycled water where the use involves the protection of public health. This bill would, on or before December 1, 2022, require the state board, in consultation with the California Building Standards Commission and the Department of Housing and Community Development, to adopt regulations for risk-based water quality standards for the onsite treatment and reuse of nonpotable water, as provided. The bill would authorize the state board to contract with public or private entities regarding the content of the standards. The bill would require a local jurisdiction, as defined, that elects to establish a program for onsite treated nonpotable water systems to, among other things, adopt, through ordinance, a local program that includes the risk-based water quality standards established by the state board. The bill would, on or before December 1, 2023, require the department, in consultation with the state board, to develop and propose for adoption any necessary corresponding building standards to support the risk-based water quality standards established by the state board. The bill would prohibit an onsite treated nonpotable water system from being installed except under a program established by a local jurisdiction in compliance with the bill's provisions.
Existing law establishes the California Assessment of Student Performance and Progress (CAASPP) as the statewide system of pupil assessments under which certain assessments are required or authorized to be administered in public schools, as specified, including a consortium summative assessment in English language arts and mathematics for grades 3 to 8, inclusive, and grade 11 that measures content standards adopted by the State Board of Education. This bill would require, pursuant to specified provisions of the federal Elementary and Secondary Education Act, the Superintendent of Public Instruction to approve a nationally recognized high school assessment that a local educational agency, as defined, may, at its own discretion, administer, if the alternative assessment is approved by the local educational agency's governing board or body in a public meeting, commencing with the 2020–21 school year, and each school year thereafter, in lieu of the consortium summative assessment in English language arts and mathematics for grade 11. The bill would require a nationally recognized high school assessment approved by the Superintendent to meet specified requirements, would authorize the Superintendent to require the publisher of that assessment to provide documentation that the assessment meets or exceeds these requirements, and would require the Superintendent, if he or she determines that the assessment does not meet these requirements, to inform the assessment's publisher in writing of specific deficiencies and changes needed to meet these requirements. The bill would authorize a governing board of a local educational agency that is part of a consortium of local educational agencies to enter into a cooperative contract with a publisher for the purposes of providing an assessment, as provided. To the extent permitted by the United States Department of Education, the bill would deem certain nationally recognized high school assessments to meet these requirements, and would require the Superintendent to approve these assessments for selection by a local educational agency. The bill would require the state board to amend the state plan required pursuant to federal law to account for the authorization for local educational agencies to use an alternate assessment pursuant to the bill's provisions, if required by federal law. The bill would require a local educational agency that administers a nationally recognized high school assessment to comply with specified requirements, would require the Superintendent to apportion to the local educational agency the lesser of the actual cost of administering the alternative assessment, as specified, and the amount that would have been apportioned to the local educational agency if it had administered the consortium summative assessment in English language arts and mathematics for grade 11. The bill would state that a local educational agency may administer only one nationally recognized high school assessment in lieu of the consortium summative assessment in English language arts and mathematics for grade 11. The bill would make these provisions inoperative 5 years after the first school year in which a local educational agency is able to exercise the authority to administer the alternative assessment, as specified, and would repeal these provisions as of the following January 1. The bill would require the Superintendent to inform the Legislative Counsel within 30 days of when this 5 year condition has been satisfied and post that determination on its Internet Web site. The bill would require the State Department of Education to ensure that local educational agencies comply with specified requirements, concerning the alternative assessment, that apply in connection with the summative assessments under CAASPP, including that grade 11 pupils, or parents or legal guardians of those pupils, may request results from the alternative assessment. Existing law requires the Superintendent to prepare and submit, and subsequently post on the Internet Web site of the department, an annual report to the state board containing an analysis of the results and test scores of the summative assessments administered under the CAASPP. This bill would require the Superintendent to include the results and test scores of the alternative assessment in that annual report.
The Alcoholic Beverage Control Act provides that any on- or off-sale licensee, or agent or employee of the licensee, who sells, gives, or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor. Existing law provides for moneys collected as fees pursuant to the act to be deposited in the Alcohol Beverage Control Fund, with those moneys generally allocated to the Department of Alcoholic Beverage Control upon appropriation by the Legislature. This bill, beginning January 1, 2021, and before January 2, 2026, would require the Department of Alcoholic Beverage Control to conduct a pilot program that would authorize the department to issue an additional hours license to an on-sale licensee located in a qualified city which would authorize, with or without conditions, the selling, giving, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. and 4 a.m., upon completion of specified requirements by the qualified city in which the licensee is located. The bill would impose specified fees related to the license to be deposited in the Alcohol Beverage Control Fund. The bill would require the applicant to notify specified persons of the application for an additional hours license and would provide a procedure for protest and hearing regarding the application. The bill would require the Department of the California Highway Patrol and each qualified city that has elected to participate in the program to submit reports to the Legislature and specified committees regarding the regional impact of the additional hours licenses, as specified. The bill would provide that any person under 21 years of age who enters and remains in the licensed public premises during the additional serving hours without lawful business therein is guilty of a misdemeanor, as provided. The pilot program would apply to Cathedral City, Coachella, Long Beach, Los Angeles, Oakland, Palm Springs, Sacramento, San Francisco, and West Hollywood. This bill would impose a state-mandated local program by creating new crimes. 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. This bill would make legislative findings and declarations as to the necessity of a special statute for the qualified cities.
Existing law generally regulates the transfer of firearms and divides the state into agricultural districts. District 1-A is the County of San Mateo and the City and County of San Francisco. A violation of the statutes governing agricultural districts is generally a misdemeanor. This bill would, on and after January 1, 2020, prohibit the sale of firearms and ammunition at the Cow Palace located in District 1-A, as specified, and would thereby make a violation of that prohibition a misdemeanor. The bill would exclude from its provisions a gun buy-back event held by a law enforcement agency. 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.