Existing law declares the importance of, and general responsibility for, making housing available and affordable for all Californians. This bill would make nonsubstantive changes to those provisions.
Under existing law, the Secretary of State is charged with various duties in connection with business filings. Existing law also specifies procedures for a person, whether represented by an attorney or self-represented, to file a civil action in superior court. Existing law specifies additional procedures for an action to proceed through trial and judgment or to resolve by settlement before trial. This bill would prohibit a litigation financer, as defined, from engaging in a litigation financing transaction in California unless it is registered with the Secretary of State in accordance with certain procedures, including filing an application and surety bond. The bill would prohibit a litigation financer from taking certain actions, including paying or offering commissions, referral fees, or other forms of consideration to a legal representative, medical provider, or any of their employees for a referral to that financer, or making false or misleading statements. This bill would require the terms of a litigation financing contract to be set forth in writing, in a specified format, with disclosures regarding the consumer's right to cancellation, the fees charged, and other related information. With respect to consumer fees, the bill would prohibit a litigation financer from charging the consumer an annual fee of more than 36% of the original amount of money provided to the consumer for the litigation financing transaction, subject to other terms and conditions. This bill would, if a court has good cause to believe that a litigation financing transaction involving litigation before the court is being conducted in violation of the bill, authorize the court to order a consumer and the consumer's legal representative to disclose to the court, in an in-camera proceeding, a litigation financing contract involving the litigation before the court, as specified. The bill would authorize the court, if there is a reasonable basis to believe a violation has occurred, to, in its discretion, refer the matter to the Secretary of State for appropriate administrative enforcement. This bill would make a litigation financer jointly liable for costs assessed pursuant to these provisions, as specified. The bill would also provide that a violation of these provisions would make the litigation financing contract unenforceable by the litigation financer, the consumer, or any successor-in-interest to the litigation financing contract. The bill would require the practice of litigation financing to be regulated by the Secretary of State and would require the Secretary of State to adopt regulations pursuant to these provisions. The bill would authorize the Secretary of State to take certain actions if the Secretary of State determines that a litigation financer intentionally violated the bill's provisions, including assessing an administrative penalty of not more than $10,000 for each violation. This bill would require each litigation financer to file an annual report with the Secretary of State in accordance with certain procedures, containing specific information about the business structure of the litigation financer, transactions, and other related information. The bill would require the Secretary of State to submit an annual confidential report to the Legislature on this information, as prescribed. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
(1) Existing law, the Pharmacy Law, provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. A violation of the Pharmacy Law is a crime. Existing law generally authorizes a pharmacist to dispense or furnish drugs only pursuant to a valid prescription, with prescribed exceptions. Existing law authorizes a pharmacist or a pharmacy to perform skin puncture in the course of performing routine patient assessment procedures, as defined, or in the course of performing prescribed clinical laboratory tests or examinations. Under existing law, the definition of "routine patient assessment procedures" includes clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) and specified regulations adopted pursuant to the CLIA. Existing law also authorizes a pharmacist to perform any aspect of a test approved or authorized by the United States Food and Drug Administration (FDA) that is classified as waived pursuant to the CLIA, under specified conditions. This bill, with respect to the conditional performance of tests approved or authorized by the FDA and classified as waived pursuant to the CLIA, would instead authorize a pharmacist to order, perform, and report those tests. The bill, until January 1, 2034, would authorize a pharmacist to furnish prescription medications pursuant to the results from a test classified as waived pursuant to the CLIA performed by the pharmacist that is used to guide diagnosis or clinical decisionmaking for SARS-CoV-2, Influenza, Streptococcal pharyngitis, or conjunctivitis, in accordance with specified requirements. The bill would require a pharmacist, in providing these patient care services, to utilize specified evidence-based clinical guidelines or other clinically recognized recommendations, and in accordance with standardized procedures or protocol designed and approved by the board and the Medical Board of California. The bill would require the pharmacist to document, to the extent possible, the testing services provided, as well as the prescription drugs, devices, or other treatments furnished, to the patient pursuant to the test result, in the patient's record in the record system maintained by the pharmacy. The bill would require a pharmacy or health care facility in which a pharmacist is furnishing treatment to provide an area designed to maintain privacy and confidentiality of the patient. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. (2) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services pursuant to a schedule of benefits, including pharmacist services, which are subject to approval by the federal Centers for Medicare and Medicaid Services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. This bill would expand the Medi-Cal schedule of benefits to include ordering, performing, and reporting any test approved or authorized by the FDA that is classified as waived pursuant to the CLIA, as authorized by existing law, that is used to guide diagnosis or clinical decisionmaking. The bill would also expand the schedule of benefits to include furnishing prescriptions pursuant to the result from a test, as authorized by the bill's provisions, that is used to guide diagnosis or clinical decisionmaking. (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.
(1) Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake, except under specified conditions, including requiring the entity to send written notification to the Department of Fish and Wildlife regarding the activity in the manner prescribed by the department. This bill would require a project proponent, if already required to submit a notification to the department, to submit to the department the certified or adopted environmental review document, as applicable, for the activity in the notification. The bill would require the department, under prescribed circumstances, to take certain actions within specified timelines, or within a mutually agreed-to extension of time. The bill would require, on or before January 1, 2025, and annually thereafter, the department to prepare, provide public notice of, make available for public review on its internet website, and submit to the relevant legislative committees, as specified, a report regarding the water supply projects and flood risk reduction projects for which final agreements have been issued pursuant to these provisions. The bill would repeal these provisions on January 1, 2029. (2) Under the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board (state board) and the California regional water quality control boards (regional boards) are the principal state agencies with primary authority over water quality matters. Existing law authorizes the state board to issue permits and promulgate procedures consistent with federal law. This bill would require, if an applicant requests a preapplication consultation, the state board or regional boards to adhere to specified procedures and timelines in reviewing the application before issuing project certification. The bill would authorize a project proponent to petition the state board to reconsider its determination of application completeness, or to appeal to the state board any regional board's determination of application completeness. This bill would require the state board or regional boards to use specified approved conservation and habitat management plans as watershed plans, as specified, unless the permitting authority makes a determination in writing, based on substantial evidence in the record, that an approved plan does not meet the definition of a watershed plan, as defined. The bill would require the state board and regional boards, as part of their implementation of the "State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State," to address the impacts of dredge and fill activities from water supply and flood risk projects. The bill would require, on January 1, 2025, and annually thereafter, the state board and regional boards to prepare, provide public notice of, make available for public review on its internet website, and submit to the relevant legislative committees, as specified, a report regarding specified information related to water supply projects and flood risk reduction projects. This bill would authorize a state agency, defined to mean any agency, board, or commission, including the state board or the regional boards, with the power to issue a permit that would authorize a water supply project or authorize a flood risk reduction project, to take specified actions in order to complete permit review and approval in an expeditious manner. The bill would make findings and declarations related to the need to expedite water supply projects and flood risk reduction projects to better address climate change impacts while protecting the environment. This bill would repeal these provisions on January 1, 2029.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing law, one of the methods by which Medi-Cal services are provided is pursuant to contracts with various types of managed care plans. Existing law, inoperative on January 1, 2023, and to be repealed on January 1, 2024, imposed a managed care organization (MCO) provider tax, administered and assessed by the department, on licensed health care service plans and managed care plans contracted with the department to provide full-scope Medi-Cal services. Those provisions set forth taxing tiers and corresponding per enrollee tax amounts for the 2019–20, 2020–21, and 2021–22, fiscal years, and the first 6 months of the 2022–23 fiscal year. Under those provisions, all revenues, less refunds, derived from the tax were deposited into the State Treasury to the credit of the Health Care Services Special Fund, and continuously appropriated to the department for purposes of funding the nonfederal share of Medi-Cal managed care rates, as specified. Those inoperative provisions authorized the department, subject to certain conditions, to modify or make adjustments to any methodology, tax amount, taxing tier, or other provision relating to the MCO provider tax to the extent the department deemed necessary to meet federal requirements, to obtain or maintain federal approval, or to ensure federal financial participation was available or was not otherwise jeopardized. Those provisions required the department to request approval from the federal Centers for Medicare and Medicaid Services (CMS) as was necessary to implement those provisions. In April 2020, CMS approved a modified tax structure that the department had submitted as part of a waiver request, involving taxing tiers that were based on cumulative Medi-Cal or other member months for certain fiscal years. This bill would extend the above-described MCO provider tax to an unspecified date and would make conforming changes to the timeline of related provisions by incorporating other unspecified dates. The bill would reorganize the taxing tiers of the MCO provider tax, in a manner consistent with the above-described modified tax structure under the previous waiver, but with unspecified tax rate amounts. By extending the authority to fund the nonfederal share of Medi-Cal managed care rates from the continuously appropriated fund, the bill would make an appropriation. This bill would make these provisions inoperative on an unspecified date, and would repeal the provisions as of an unspecified date. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.
The Personal Income Tax Law, in modified conformity with federal income tax laws, allows a California Earned Income Tax Credit (CalEITC) against personal income tax and a payment from the Tax Relief and Refund Account for an allowable credit in excess of tax liability to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law as determined by the earned income tax credit adjustment factor. The Personal Income Tax Law also allows a young child tax credit and a foster youth tax credit against the taxes imposed under that law to qualified taxpayers in a specified amount multiplied by the earned income tax credit adjustment factor, and allows a payment from the Tax Relief and Refund Account for an amount in excess of tax liability. The Personal Income Tax Law requires an individual taxable under that law to make a return to the Franchise Tax Board stating specifically the items of the individual's gross income from all sources and the deductions and credits allowable, as prescribed. Existing law requires the State Department of Social Services and the State Department of Health Care Services to exchange data with the Franchise Tax Board, including the names, addresses, and contact information of individuals that may qualify for the CalEITC, and authorizes the Franchise Tax Board to disclose individual income tax information for taxable years beginning on or after January 1, 2020, and before January 1, 2022, to the State Department of Social Services and the State Department of Health Care Services, and requires all data provided to remain confidential and be used only for specified purposes, including informing state residents of the availability of specified services and federal and state antipoverty tax credits, and for providing an estimate of potential state antipoverty tax credits. Existing law provides that unauthorized disclosure of this information is a misdemeanor. This bill, for taxable years beginning on or after January 1, 2026, would authorize a qualified individual, who cannot claim withholding or other credits, to claim the earned income tax credit, the young child tax credit, or the foster youth tax credit on a form that does not require the qualified individual to file an individual income tax return. The bill would exempt the Franchise Tax Board from existing contracting laws and specified approvals and oversight in administration relating to the form described above. This bill would additionally allow the State Department of Social Services and the State Department of Health Care Services to exchange data with the Franchise Tax Board for purposes of the form described above. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. This bill would incorporate additional changes to Section 19551.3 of the Revenue and Taxation Code proposed by SB 565 to be operative only if this bill and SB 565 are enacted and this bill is enacted last.
Existing law, enacted to implement a specified low-income housing tax credit established by federal law, requires the California Tax Credit Allocation Committee to annually determine and allocate the state ceiling in accordance with those provisions and in conformity with federal law. Existing law authorizes the committee to adopt, amend, or repeal rules and regulations for the allocation of housing credits. Existing law requires that specified amounts of the low-income housing tax credits be set aside for allocation to rural areas, small developments, and farmworker housing, as specified. This bill would require the committee to revise its regulations to increase the housing type goal for senior developments to 20 percent. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.
The Personal Income Tax Law requires an individual taxable under that law to make a return to the Franchise Tax Board stating specifically the items of the individual's gross income from all sources and the deductions and credits allowable, as prescribed. Existing law requires the Franchise Tax Board to notify all potential eligible individuals of available paperless filing options offered through the Franchise Tax Board, including the CalFile program and free tax preparation services. Existing law requires the State Department of Social Services (SDSS) and the State Department of Health Care Services (DHCS) to exchange data with the Franchise Tax Board upon request, including specified personal information of a program participant, as defined. For taxable years beginning January 1, 2020, and before January 1, 2026, existing law authorizes the Franchise Tax Board to disclose, upon request, specified return information to SDSS and DHCS. Existing law requires all data provided to remain confidential and be used only for specified purposes, including informing individuals of the availability of the Volunteer Income Tax Assistance, CalFile, the federal Earned Income Tax Credit, the California Earned Income Tax Credit, and other federal and state antipoverty tax credits. This bill, for taxable years beginning on or after January 1, 2025, and before January 1, 2031, would require the Franchise Tax Board to provide a free tax return preparation program that utilizes the prepopulation of data for qualified individuals to complete and e-file their California personal income tax returns. The bill would define a qualified individual for this purpose to mean an individual who, among other things, received an invitation from the Franchise Tax Board to participate in the free tax return preparation program, is eligible to use CalFile in that taxable year, and is eligible for the California Earned Income Tax Credit, the young child tax credit, or the foster youth tax credit in that taxable year. The bill would authorize the Franchise Tax Board to utilize CalFile as the free tax return preparation program. This bill would allow SDSS and DHCS to exchange data with the Franchise Tax Board for purposes of the free tax return preparation program. The bill would also authorize the use of information provided by the Franchise Tax Board to SDSS and DHCS for purposes of implementing the free tax return preparation program. This bill would incorporate additional changes to Section 19551.3 of the Revenue and Taxation Code proposed by AB 1002 to be operative only if this bill and AB 1002 are enacted and this bill is enacted last.
Existing law establishes the California Department of Aging in the California Health and Human Services Agency. Existing law requires the department to designate various private nonprofit or public agencies as area agencies on aging to work for the interests of older Californians within a planning and service area and provide a broad array of social and nutritional services. Existing law requires the area agencies on aging to develop systems of home- and community-based services that maintain individuals in their own homes or least restrictive homelike environments and to function as the community link at the local level for the development of those services. Existing law requires each area agency on aging to maintain a professional staff that is supplemented by volunteers, governed by a board of directors or elected officials, and whose activities are reviewed by an advisory council consisting primarily of older individuals from the community. Existing federal law defines continuums of care as the groups organized to carry out specified responsibilities, including responsibilities related to homelessness, including certain nonprofit entities, victim service providers, faith-based organizations, governments, businesses, and advocates. Existing state law establishes specified grants and programs available to continuums of care. Existing law requires the Governor to create the Interagency Council on Homelessness for specified purposes, including to create partnerships among various entities for the purpose of arriving at specific strategies to end homelessness, including participants in the United States Department of Housing and Urban Development's Continuum of Care program and the United States Interagency Council on Homelessness, and to identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California. This bill would require the council to coordinate with the California Department of Aging, the California continuums of care, and the area agencies on aging to convene a working group no later than March 1, 2024, to develop recommendations on best practices for assisting older adults to prevent and overcome homelessness and for training those who assist older adults to prevent and overcome homelessness. The bill would require the working group to develop a training for those who assist older adults with housing needs to help those individuals access resources to prevent and overcome homelessness, as specified, no later than March 1, 2025. The bill would require the working group, on or before March 1, 2025, to report to specified committees of the Legislature on their recommendations.
