Sen. Melissa Hurtado

Existing law requires a contract entered into by any state agency for the procurement or laundering of apparel, garments, or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, to require that a contractor certify that nothing furnished to the state pursuant to the contract has been laundered or produced by certain types of labor, including forced labor, as defined. Existing law makes any person who falsely certifies pursuant to these provisions guilty of a misdemeanor. This bill would revise the above contracting requirements to also require a contractor to certify that the contract complies with specified requirements relating to human trafficking, including certain prohibitions on contractors, contractor employees, subcontractors, subcontractor employees, and their agents. The bill would revise the definition of forced labor to mean knowingly providing or obtaining labor or services of a person by, among other things, threats of serious harm to, or physical restraint against, that person or another person. The bill would require contractors and subcontractors to notify employees of specified prohibited activities and the actions that may be taken against them for violations. The bill would provide that a contractor is ineligible for, and shall not bid on, or submit a proposal for, a contract under these provisions if the contractor has failed to certify its compliance. The bill would also require a contractor to exercise due diligence in ensuring that its subcontractors comply with those requirements, including requiring each subcontractor to sign a certification. By expanding the scope of a crime, the bill would impose a state-mandated local program. This bill would require, before a contract or subcontract is awarded, a proposed contractor or proposed subcontractor to provide a certification to the contracting officer or contractor, as applicable, that states the contractor or subcontractor has implemented a compliance plan, as specified, and has conducted due diligence that either (1) to the best of the contractor's or subcontractor's knowledge and belief, certain parties have not engaged in any specified prohibited activities or (2) if the contractor or subcontractor is aware of abuses relating to the specified prohibited activities, then certain parties have taken the appropriate remedial and referral actions. This bill would require a contractor or subcontractor to take specified actions to ensure compliance with the above-described provisions, including requiring the contractor or subcontractor to disclose to the contracting officer and the state agency with oversight information sufficient to identify the nature and extent of a violation of a prohibited activity. The bill would specify certain actions a contractor would be required to take if a contractor, contractor employee, subcontractor, subcontractor employee, or agent violates these provisions or specified provisions, including, among others, notifying its employees of the actions that will be taken against the employee or agent for violations. Existing law authorizes certain sanctions to be imposed if a contractor knew or should have known that the apparel, garments, corresponding accessories, equipment, materials, or supplies furnished to the state were laundered or produced in violation of specified conditions, including, among others, voiding the contract under which the prohibited apparel, garments, or corresponding accessories, equipment, materials, or supplies were laundered or provided at the option of the state agency and removing the contractor from the bidder's list for a period not to exceed 360 days. This bill would authorize additional sanctions, including, among others, requiring a contractor to remove a contractor employee from the performance of the contract, requiring the contractor to terminate a subcontractor, and suspending contract payments until the contractor has taken appropriate remedial action. The bill would also specify that these requirements govern contracts and subcontracts entered into by a state agency, regardless of place of performance. Existing law authorizes a contractor to request a hearing before an administrative law judge when sanctions are imposed. Existing law requires the administrative law judge to consider any measures the contractor has taken to ensure compliance with the above-described provisions and authorizes the administrative law judge to waive any or all sanctions if it is determined that the contractor has acted in good faith. This bill would authorize the administrative law judge to additionally consider mitigating factors and aggravating factors, as specified. Existing law authorizes a state agency that investigates a complaint against a contractor for violation of the above-described provisions to limit its investigation to evaluating the information provided by the person or entity submitting the complaint and information provided by the contractor. This bill would authorize the state agency to limit its investigation to credible information. The bill would require the contracting officer, upon receipt of credible information regarding a violation of specified provisions, to promptly notify the state agency with oversight, the agency debarring and suspending official, and law enforcement officials with jurisdiction over the alleged offense, as specified. The bill would authorize the contracting officer to direct the contractor to take specific steps to abate the alleged violation or enforcement of the requirements of its compliance plan. 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.

Maddy summaryThis Senate Resolution formally recognizes May as Maternal and Mental Health Awareness Month in California to highlight critical issues facing women and birthing people. The document draws attention to disparities in reproductive care, noting that many women lack access to hospitals with obstetrics services and that costs for fertility treatments remain a significant barrier. It also emphasizes the high prevalence of untreated mental health conditions among new mothers, particularly within communities of color and those with lower incomes. While the resolution does not create new laws, it serves to raise public awareness about the need for equitable access to both physical and mental health services during the reproductive years.

Existing law, the California Emergency Services Act, empowers the Governor to proclaim a state of emergency under certain circumstances. Existing law defines a state of emergency to mean the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as, among others, air pollution, fire, flood, and storm. Existing law defines a local emergency to mean the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as, among others, air pollution, fire, flood, and storm. This bill would add climate change and climate change exacerbated conditions to the list of conditions for which a state of emergency or local emergency may be proclaimed. Existing law, the California Disaster Assistance Act, requires the Director of Emergency Services to provide financial assistance to local agencies for their personnel costs, equipment costs, and the cost of supplies and materials used during disaster response activities, incurred as a result of a state of emergency proclaimed by the Governor, subject to specified criteria. The act continuously appropriates moneys in the Disaster Assistance Fund and its subsidiary account, the Earthquake Emergency Investigations Account, without regard to fiscal year, for purposes of the act. Existing law, the California Global Warming Solutions Act of 2006, establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. This bill would enact the California Individual Assistance Act to establish a grant program to provide funds to community-based organizations for specified costs related to a disaster, as prescribed. The bill would require the Director of Social Services to allocate moneys from the California Individual Assistance Act Account, which the bill would establish as a special account within the Disaster Assistance Fund, for purposes of the program. The bill would authorize the Director of Social Services to adopt regulations, as determined to be necessary, to govern the administration of the program. The bill would require the Controller to transfer $100,000,000 of the moneys in the Greenhouse Gas Reduction Fund to the California Individual Assistance Act Account for purposes of the act. By transferring moneys into a continuously appropriated fund, and by authorizing increased expenditure of moneys from a continuously appropriated fund for a new purpose, the bill would make an appropriation. This bill would additionally enact the California Local Assistance Act to establish a grant program to provide funds to local and tribal governments, transportation systems, and communities for specified costs related to a disaster, as prescribed. The bill would require the Strategic Growth Council to allocate moneys from the California Local Assistance Act Account, which the bill would establish as a special account within the Disaster Assistance Fund, for purposes of the program. The bill would authorize the Strategic Growth Council to adopt regulations, as determined to be necessary, to govern the administration of the program. The bill would require the Controller to transfer $400,000,000 of the moneys in the Greenhouse Gas Reduction Fund to the California Local Assistance Act Account for purposes of the act. By transferring moneys into a continuously appropriated fund, and by authorizing increased expenditure of moneys from a continuously appropriated fund for a new purpose, the bill would make an appropriation.

This measure would declare that the Legislature honors the life and legacy of Justice Ruth Bader Ginsburg, and proclaims March 15, 2024, as Justice Ruth Bader Ginsburg Day, a day of remembrance and education to ensure that all Californians always honor and remember a vibrant guardian of equality for all.

Existing law establishes the Attorney General as the head of the Department of Justice, with charge of all legal matters in which the state is interested, except as specified. Existing law imposes various requirements on the Attorney General related to consumer protection, including, among others, the supervision of charitable trusts and the enforcement of antitrust laws. Existing law, commonly known as the Cartwright Act, identifies certain acts that are unlawful restraints of trade and unlawful trusts and prescribes provisions for its enforcement through civil actions. This bill, the California Preventing Algorithmic Collusion Act of 2024 (the act) , would require a person, as defined, upon request of the Attorney General, to provide to the Attorney General a written report, as specified, on each pricing algorithm, as defined, identified in the request. The act would require that all information submitted in a report under these provisions be treated as confidential and be considered privileged and confidential trade secrets exempt from disclosure under the California Public Records Act. The act would authorize the Attorney General to share the report with the National Institute of Standards and Technology for technical assistance in understanding the report, as specified. This act would prohibit a person from using or distributing any pricing algorithm that uses, incorporates, or was trained with nonpublic competitor data, as defined. If the Attorney General has reason to believe that a person has violated these provisions, the act would authorize the Attorney General to bring a civil action against the person in any court of competent jurisdiction in this state, as specified. The act would provide that certain presumptions are established as applicable, including that the defendant entered into a contract in restraint of trade, as specified, if the Attorney General establishes any of specified requirements, including that the defendant distributed the pricing algorithm to 2 or more persons with the intent that the pricing algorithm be used to set or recommend a price, as defined, or commercial term, as defined, of a product or service in the same market or a related market and 2 or more persons used the pricing algorithm to set or recommend a price or commercial term of a product or service. This act would require a person that has $5,000,000 or more in annual revenue that uses a pricing algorithm to recommend or set a price or commercial term to make certain disclosures, as specified, including to a customer, before the customer purchases the relevant product or service, that the price or a commercial term is set or recommended by a pricing algorithm. The act would provide that failure to comply with these disclosure provisions constitutes an unfair trade practice, as specified. If the Attorney General has reason to believe that a person has violated these disclosure provisions, the act authorizes the Attorney General to bring a civil action against the person in any court of competent jurisdiction in this state, as specified. Existing law establishes the Governor's Office of Business and Economic Development (GO-Biz) , which serves 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. Existing law establishes the Department of Financial Protection and Innovation in the Business, Consumer Services, and Housing Agency, headed by the Commissioner of Financial Protection and Innovation. Under existing law, the department has charge of the execution of specified laws relating to various financial institutions and financial services. Existing law requires the commissioner to publish on the department's internet website an annual report detailing actions taken during the prior year, including, among others, recommendations intended to result in improved oversight, greater transparency, or increased availability of beneficial financial products and services in the marketplace. This act would require, on or before January 1, 2027, the office of the Attorney General to publish on its internet website, and notify the Legislature of the publication of, the results of a study conducted in collaboration with GO-Biz and the Department of Financial Protection and Innovation on the use of pricing algorithms using, incorporating, or trained with either or both public and nonpublic data, as specified, including, among other information, the prevalence of pricing algorithms. 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.

Existing law authorizes an unmarried person who is under 18 years of age to marry upon obtaining a court order granting permission and the written consent of at least one of the parents or the guardian of each underage party to the marriage, as specified. Existing law requires the court, if it considers it necessary, as part of the court order granting permission to marry, to require the parties to the prospective marriage of a minor to participate in premarital counseling, as specified. Existing law provides that 2 unmarried, unrelated adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring may establish a domestic partnership by filing a declaration with the Secretary of State, if certain requirements are met. Existing law provides that a person under 18 years of age who, together with the person with whom the person proposes to establish a domestic partnership, meets the requirements for a domestic partnership other than the requirement of being at least 18 years of age, is capable of consenting to and establishing a domestic partnership upon obtaining a court order granting permission to the underage person or persons to establish a domestic partnership. Under existing law, registered domestic partners have the same rights, protections, and benefits as spouses. This bill would repeal the authorization for a person under 18 years of age to be issued a marriage license or to establish a domestic partnership, thereby prohibiting a person under 18 years of age from being issued a marriage license or from establishing a domestic partnership. The bill would make conforming changes. Existing law required the State Registrar to create a document, no later than March 1, 2020, concerning marriage certificates in which one or both of the parties were minors at the time of solemnization of the marriage. Existing law requires the State Registrar to update that document annually, as specified. Existing law requires the local registrar to submit specified information for the purposes of that report. This bill would repeal those provisions.

This measure would proclaim the month of September 2024 as Prostate Cancer Awareness Month.