Existing law, as amended by the Californians Against Sexual Exploitation Act, an initiative measure enacted by the approval of Proposition 35 at the November 6, 2012, statewide general election (CASE Act) , proscribes the crime of human trafficking, a felony. The CASE Act makes a person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act with the intent to effect or maintain a violation of specified other offenses, including child pornography and extortion, guilty of human trafficking, a felony. Existing law makes that crime punishable by imprisonment in the state prison for 5, 8, or 12 years and a fine of not more than $500,000, or, if the offense involves force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or another person, 15 years to life and a fine of not more than $500,000. The Legislature may amend the CASE Act by a statute passed in each house by a majority vote. This bill would expand the scope of that crime by making a person who causes, induces, or persuades, or attempts to cause, induce, or persuade, an adult, whom the person reasonably believes to be a minor at the time of commission of the offense, to engage in a commercial sex act with the intent to effect or maintain a violation of specified other offenses, including child pornography and extortion, guilty of human trafficking and subject to the penalties described above. By changing the definition of a crime, 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 no reimbursement is required by this act for a specified reason. The bill would declare that its provisions further the objectives of the CASE Act.
Sponsored bills
Existing law establishes the Office of Small Business Advocate within the Governor's Office of Business and Economic Development for the purpose of advocating for the causes of small business and to provide small businesses with the information they need to survive in the marketplace. This bill, the Keep California Working Act, would establish the Keep California Working Grant Program. The act would require the Small Business Advocate to administer the program and award grants, as specified, to small businesses and nonprofit entities that meet specified criteria, including that the entity has experienced economic hardship resulting from the COVID-19 pandemic. The act would specify that grant money awarded pursuant to the program may be used only for specified purposes, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums. The act would appropriate $2.6 billion dollars to the Office of Small Business Advocate for those purposes. The Personal Income Tax Law and the Corporation Tax Law, in conformity with federal income tax law, generally define "gross income" as income from whatever source derived, except as specifically excluded, and provide various exclusions from gross income. This bill would exclude from gross income, for state income tax purposes, the amount of a grant awarded pursuant to the Keep California Working Grant Program. Existing law requires a bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. The bill also would include additional information required for a bill authorizing a new tax expenditure. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law prohibits a person, for compensation, other than a person authorized to practice law, or authorized by federal law to represent persons, as specified, from engaging in the business of an immigration consultant, or to act in that capacity, within the State of California without satisfying specified requirements. Existing law specifies that a person engages in the business of, or acts in the capacity of, an immigration consultant when that person gives nonlegal assistance or advice on an immigration matter. Existing law defines an "immigration matter" as any proceeding, filing, or action affecting the immigration or citizenship status of any person that arises under immigration and naturalization law, executive order or presidential proclamation, or action of the United States Citizenship and Immigration Services, the United States Department of State, or the United States Department of Labor. Existing law establishes both criminal and civil penalties for a violation of specified provisions related to immigration consultants. This bill, among other things, would rename immigration consultants as form preparers. The bill would prescribe a set of maximum fees a form preparer may charge clients for form preparation and transcription services. The bill would prohibit form preparers from providing certain services, including, among other things, providing nonlegal assistance related to an Application to Register Permanent Residence or Adjust Status and would make a violation of those provisions subject to fines and criminal penalties. Because the bill would expand the scope of a crime, it would impose a state-mandated local program. This bill would prohibit the Secretary of State from filing a bond, disclosure form, or photograph from any person seeking to engage in the business of, or act in the capacity of, a form preparer, unless that person was in compliance with this chapter as of December 31, 2022, is authorized by the United States Department of Justice to represent persons, or is a paralegal, as specified, acting under the direct supervision of an attorney. This bill would allow a transferee of the business of a form preparer in compliance with these provision, as of December 31, 2022, to have 3 years to become authorized by the United States Department of Justice to represent persons, or to become a paralegal, as specified, acting under the direct supervision of an attorney, if that transferee meets specified conditions, including, among others, the filing a bond, disclosure form, and photograph with the Secretary of State within 90 days of the closure of the form preparer's business; and, filing, with the Secretary of State, proof of compliance with the authorization requirements specified above within 3 years of filing their bond, disclosure form, and photograph. This bill would require the Secretary of State to accept only one filing related to the transfer of the business of a form preparer in compliance with this chapter as of December 31, 2022. This bill would prohibit a form preparer from using the title immigration consultant or immigration specialist, or any other title that implies that the person has expertise in immigration matters, in any document, including an advertisement, stationery, letterhead, business card, other comparable written material, on the internet, or by broadcast media, describing the form preparer. The bill would make a violation of this provision by a form preparer a violation of the prohibition on practicing law without a license and subject to fines and criminal penalties. Because the bill would expand the scope of a crime, it would impose a state-mandated local program. This bill would require, beginning on July 1, 2023, and every 2 years thereafter, a form preparer to file with the Secretary of State a satisfactory proof of completion of a course on the limits of authorized services and prohibited activities of form preparers. The bill would require the Secretary of State to enforce the provisions related to submitting the proof of completion of the above-described course and to charge and collect a filing fee to cover the reasonable cost of submitting the proof of completion. The bill would require the Secretary of State to publish a customer bill of rights form containing specified information and to post the document on its internet website by July 1, 2022. The bill would require the form preparer and the client to initial and sign a completed customer bill of rights prior to entering into a contract for services. Under existing law, a notary public is prohibited from advertising that the person is a notary public if the person holds themselves out as being an immigration specialist, immigration consultant, or any other title or description reflecting expertise in immigration matters. This bill would instead prohibit a notary public holding themselves out as a form preparer from advertising that the person is a notary public. The bill would also prohibit a notary public holding themselves out as being a form preparer from using the title immigration specialist or immigration consultant, or any other title or description reflecting expertise in immigration matters. 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 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, including federally qualified health center (FQHC) services and rural health clinic (RHC) services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. FQHC and RHC services are reimbursed, to the extent that federal financial participation is obtained, to providers on a per-visit basis, and a "visit" is defined as a face-to-face encounter between a patient of an FQHC or RHC and specified health care professionals. Existing law prohibits a requirement of in-person contact between a health care provider and a Medi-Cal patient when the service may be provided by telehealth, and, for purposes of telehealth, prohibits the department from limiting the type of setting where Medi-Cal services are provided. This bill would make electronic consultation services reimbursable under the Medi-Cal program for enrolled providers, including FQHCs or RHCs. The bill would require the department to seek federal waivers and approvals to implement this provision, and would condition the implementation of the bill's provisions on the department obtaining necessary federal approval of federal matching funds. The bill would make related findings and declarations.
Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. That law requires the planning agency of a city or county to provide, by April 1 of each year, an annual report to, among other entities, the Department of Housing and Community Development that includes, among other specified information, the number of applications submitted, the location and total number of developments approved, the number of building permits issued, and the number of units constructed pursuant to a specific streamlined, ministerial approval process. This bill would, commencing January 1, 2024, require a planning agency to include in that annual report specified information on costs, standards, and applications for proposed housing development projects and specified information on housing development projects within the jurisdiction. Existing law requires an applicant for a housing development project, as defined, to be deemed to have submitted a preliminary application upon providing all of specified information about the proposed project to the city, county, or city and county from which approval for the project is being sought and upon payment of the permit processing fee. This bill would, commencing January 1, 2024, require a planning agency to include in the annual report described above the number of times in which a preliminary application for a housing development project expired pursuant to specified procedures. Existing law, known as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development in the city or county with a density bonus and other incentives or concessions for the production of lower income housing units, or for the donation of land within the development, if the developer agrees to, among other things, construct a specified percentage of units for very low, low-, or moderate-income households or qualifying residents, including lower income students. This bill would require the planning agency to include in the annual report described above the number of units in a student housing development for lower income students for which the developer was granted a density bonus. By adding to the duties of local planning officials with respect to preparing and submitting the above-described annual report to the Department of Housing and Community Development, 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 establishes the California Conservation Corps in the Natural Resources Agency and requires the corps to implement and administer the conservation corps program. Existing law authorizes the Director of the California Conservation Corps to establish the Education and Employment Reentry Program within the corps to develop, partner with, and create opportunities for certain forestry corps program objectives, collaborate with the Employment Development Department to provide access to workforce services, collaborate with nongovernmental organizations dedicated to providing access to counseling, mentorship, supportive housing, health care, and educational opportunities, and employ collaborations and partnerships available to the corps, as specified. This bill would require the director, upon appropriation and on or before December 31, 2023, upon appropriation and on or before December 31, 2023, in partnership with the Department of Forestry and Fire Protection and the Department of Corrections and Rehabilitation, to establish a forestry training center in northern California to provide enhanced training, education, work experience, and job readiness for entry-level forestry and vegetation management jobs. The bill would require the training center to include counseling, mentorship, supportive housing, health care, and educational services and authorize the training center to provide training modules on specified activities. The bill would require the director to enroll at the training center formerly incarcerated individuals and to prioritize enrollment for those formerly incarcerated individuals who have either successfully served on a California Conservation Camp program crew and were recommended by the Director of Forestry and Fire Protection and the Secretary of the Department of Corrections and Rehabilitation, as provided, or successfully served on a hand crew at the county level and were recommended for participation by county probation and county fire departments. The bill would provide that successful completion of a training program at the training center constitutes qualifying experience for an entry-level forestry or vegetation management position at a state agency. Existing law requires the corps to report by December 31 of each year the total number of corpsmembers in the cohort who permanently separated from the corps, as provided. Existing law requires the report to include specified information. This bill would require the report, commencing December 31, 2023, and annually thereafter, to contain specified information regarding formerly incarcerated individuals enrolled in corps programs or centers, as provided. This bill would make legislative findings and declarations as to the necessity of a special statute for northern California.
(1) Existing law requires the Secretary of the Department of Corrections and Rehabilitation to implement literacy programs in the state prison. Existing law requires the department to offer college programs through voluntary education programs or their equivalent. This bill would instead require the department to make college programs available for the benefit of inmates with a general education development certificate or equivalent or a high school diploma and would require those college programs to only be provided by the California Community Colleges, the California State University, the University of California, or other regionally accredited, nonprofit colleges or universities. The bill would provide a set of criteria to prioritize various college programs, including face-to-face instruction, comprehensive in-person support, and coordination with nonprofit postsecondary programs serving formerly incarcerated students. The bill would require the education providers to be responsible for determining and developing their curricula and degree pathways, determining certificate pathways, providing instructional staff, and determining what services will be offered to ensure incarcerated students can successfully complete the course of study. (2) Existing law allows the department to create regulations for the administration of the state prison. Existing regulations authorize an inmate enrolled in a full-time college program, as defined, to combine that program with a half-time work or career program to equate to a full-time work assignment. This bill would require an inmate enrolled in a full-time college program, as specified, to be deemed by the department to be assigned to a full-time work or training assignment.
(1) Existing law establishes the Governor's Office of Business and Economic Development, known as "GO-Biz," within the Governor's office to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. This bill would require the office to coordinate with other relevant state and local agencies and national organizations to explore ways to facilitate streamlining of local land use approvals and construction permit processes for projects related to broadband infrastructure deployment and connectivity. (2) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund (CASF) to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law establishes 5 accounts, the Broadband Infrastructure Grant Account, the Rural and Urban Regional Broadband Consortia Grant Account, the Broadband Public Housing Account, the Broadband Adoption Account, and the Federal Funding Account, within the CASF. Existing law provides that the goal of the Broadband Infrastructure Grant Account is, by no later than December 31, 2026, to approve funding for infrastructure projects that will provide broadband access to no less than 98% of California households. Upon the accomplishment of that goal, existing law makes up to $30,000,000 remaining in the Broadband Infrastructure Grant Account available for infrastructure projects that provide last-mile broadband access to households to which no facility-based broadband provider offers broadband service at speeds of at least 10 megabits per second (mbps) downstream and one mbps upstream. Existing law authorizes the commission to impose a surcharge to collect $330,000,000 for deposit into the CASF beginning January 1, 2018, and continuing through the 2022 calendar year. Existing law specifies the amount of surcharge revenues to be deposited into each account within the CASF, subject to appropriation by the Legislature. Existing law authorizes the commission, in administering Broadband Infrastructure Grant Account, to require each infrastructure grant applicant to indicate steps taken to first obtain any available funding from the Connect America Fund program or similar federal public programs that fund broadband infrastructure. This bill would provide that the goal of the Broadband Infrastructure Grant Account is to approve funding for infrastructure projects that will provide broadband access to no less than 98% of California households by no later than December 31, 2032, rather than December 31, 2026. The bill would delete the provision making up to $30,000,000 available for infrastructure projects upon the accomplishment of that goal, as specified. The bill would authorize moneys appropriated from the CASF to be used to fund projects that deploy broadband infrastructure to unserved nonresidential facilities used for local and state emergency response activities, including fairgrounds. The bill would delete the commission's authorization to collect $330,000,000 for deposit into the CASF beginning January 1, 2018, and continuing through the 2022 calendar year. The bill would authorize the commission, through imposition of a surcharge, to collect up to $150,000,000 per year. The bill would delete the commission's authorization to require each infrastructure grant applicant to indicate steps taken to first obtain any available funding from federal public programs, as specified. (3) Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because certain of the above provisions would be part of the act and a violation of a commission action implementing this bill's requirements would be a crime, 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 no reimbursement is required by this act for a specified reason. (4) This bill would become effective only if AB 14 of the 2021–22 Regular Session is enacted and takes effect on or before January 1, 2022. (5) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Digital Infrastructure and Video Competition Act of 2006, establishes a procedure for the issuance of state franchises for the provision of video service, defined to include cable service and open-video systems, administered by the Public Utilities Commission. The act provides that the holder of a state franchise is not a public utility as a result of providing video service and does not provide the commission with authority to regulate the rates, terms, and conditions of video service except as explicitly set forth in the act. The act requires a franchise holder to annually report to the commission regarding the availability of and subscriptions to broadband and video service, as specified. This bill would repeal the requirement that franchise holders annually report regarding the availability of and subscriptions to broadband and video service. The bill would instead require the commission to collect granular data on the actual locations served by franchise holders, adopt customer service requirements for franchise holders, and adjudicate any customer complaints. The bill would prohibit the commission from publicly disclosing any personally identifiable information collected pursuant to these requirements. 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.