Sen. Melissa Hurtado

Existing law requires, during the next revision of the publication "Health Framework for California Public Schools," the Instructional Quality Commission to consider developing, and recommending for adoption by the State Board of Education, a distinct category on mental health instruction to educate pupils about all aspects of mental health. Existing law requires mental health instruction for these purposes to include, but not be limited to, specified elements, including reasonably designed and age-appropriate instruction on the overarching themes and core principles of mental health. This bill would require each school district, county office of education, state special school, and charter school that offers one or more courses in health education to pupils in middle school or high school to include in those courses instruction in mental health that meets the requirements of the bill, as specified. The bill would require that instruction to include, among other things, reasonably designed instruction on the overarching themes and core principles of mental health. The bill would require that instruction and related materials to, among other things, be appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners. The bill would require the State Department of Education to develop a plan to expand mental health instruction in California public schools on or before January 1, 2024.

Existing law establishes various social services and programs to address the needs of young people in this state including the California Youth Leadership Project to support and promote civic engagement through scholarships to disconnected and disadvantaged youth. This bill would create the California Youth Empowerment Act to address, among other issues, the growing need to engage youth directly with policymakers. The bill would establish the California Youth Empowerment Commission in state government consisting of 13 voting commissioners between 14 and 25 years of age and meeting specified requirements, with 11 members appointed by the Governor, one at-large member appointed by the Senate Committee on Rules, and one at-large member appointed by the Speaker of the Assembly, along with several ex officio, nonvoting members from various geographic regions of the state. The bill would establish the commission to be advisory in nature, for the main purpose of providing meaningful opportunities for civic engagement to improve the quality of life for California's disconnected and disadvantaged youth. The bill would require the commission to conduct regular meetings, in accordance with specified timeframes and procedures, and, among other duties, formally advise and make recommendations to the Legislature, the Superintendent of Public Instruction, and the Governor, on various legislative and fiscal issues affecting youth. The bill would also authorize the commission to draft and approve resolutions, draft model legislation, provide testimony during legislative committee meetings, conduct public hearings, and award prizes or direct grants to organizations. The bill would require the Governor to appoint an executive director of the California Youth Empowerment Commission to assist the commission in carrying out its work, would authorize the commission to accept gifts and grants, and would create the Youth Commission Fund in the State Treasury, with moneys deposited in the fund available for expenditure, upon appropriation by the Legislature, to carry out the duties of the commission. The bill would require that its provisions be implemented only if funds are made available in the budget or through gifts and grants. The bill would require the Department of Finance to determine if sufficient funds have been provided and would require the department to publish notice of this determination on its website.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires health care service plan contracts and health insurance policies to provide coverage for specified benefits, including for mental health services. This bill would require a health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2022, that provides coverage for pediatric services and preventive care to additionally include coverage for adverse childhood experiences screenings. The bill would authorize each department to adopt guidance to implement this provision. Because a willful violation of these provisions by a health care service plan 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.

Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP) , known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, households are eligible to receive CalFresh benefits to the extent permitted by federal law. Existing federal law provides that students who are enrolled in college or other institutions of higher education at least half time are not eligible for SNAP benefits unless they meet one of several specified exemptions, including participating in specified employment and training programs. Existing state law requires, for the purposes of determining eligibility for CalFresh, certain educational programs, as determined by the State Department of Social Services, to be considered employment and training programs, thereby qualifying a student participating in one of those programs for an exemption, unless prohibited by federal law. Existing law requires the department to maintain and regularly update a list of programs that meet the employment and training exemption set forth in federal regulations. This bill would require the department, upon an appropriation by the Legislature for this purpose, and to the extent permitted by federal law, to include adult education and career technical education programs in the list of programs that are deemed to meet the employment and training exemption set forth in the federal regulations. To the extent that the bill would impose new duties on counties administering the CalFresh program, 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, 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 requires the State Department of Social Services to administer all migrant childcare and development programs, including the Migrant Alternative Payment Program. Existing law requires children of migrant agricultural worker families, as defined, to be enrolled in child development programs on the basis of specified priorities. Existing law requires the reimbursement for alternative payment programs to include the cost of childcare paid to childcare providers plus the administrative and support services costs of the alternative payment program and prohibits the total cost for administration and support services from exceeding an amount equal to 17.5% of the total contract amount. This bill would prohibit payments made by the Migrant Alternative Payment Program from exceeding the applicable market rate ceiling. The bill would require the reimbursement for the Migrant Alternative Payment Program to include the cost of childcare paid to childcare providers plus the administrative and support services costs of the alternative payment program, not to exceed an amount equal to 21% of the total contract amount, as specified. The bill would make related findings and declarations.

Existing law, the Pharmacy Law, establishes the California State Board of Pharmacy in the Department of Consumer Affairs. Existing law authorizes a county to establish a voluntary drug repository and distribution program for the purpose of distributing surplus medications through a surplus medication collection and distribution intermediary that is licensed by the board. Existing law authorizes the board to charge a fee in the amount of $300 to issue or renew a license to operate as a surplus medication collection and distribution intermediary. Existing law makes a violation of the Pharmacy Law a crime. This bill would establish, until January 1, 2027, a program for the collection and distribution of eligible unused cancer medications, to be known as the Cancer Medication Recycling Act. The bill would require each participating practitioner, as defined, in the collection and distribution of those medications to be registered with a surplus medication collection and distribution intermediary, as specified, and would require a surplus medication collection and distribution intermediary to create a registry for up to 50 participating practitioners, including developing both a donor and a recipient form containing specified information. The bill would authorize a surplus medication collection and distribution intermediary to charge a fee, not to exceed $300, as specified, to issue or renew the registration certificate of a participating practitioner under the program. The bill would require participating practitioners to meet specified requirements, including establishing criteria for determining medication distribution to patients. This bill would exempt a participating practitioner from licensure as a wholesaler and would require the practitioner to keep and maintain for 3 years records created by the participating practitioner for purposes of the program. The bill would also exempt a donor and other specified persons and entities from criminal or civil liability for an injury caused when participating in the program, including, but not limited to, donating, accepting, or dispensing medication in compliance with the requirements of the act, unless the person or entity acted with gross negligence, recklessness, intentional conduct, or in cases of malpractice unrelated to the quality of the medication. The bill would also exempt a participating practitioner that receives a donated medication and redistributes it from a specified penalty resulting from the condition of the donated medication, except as specified. The bill would authorize the board to prohibit a participating practitioner from participating in the program if the participating practitioner does not comply with the requirements of the bill. Because a violation of the requirements of the bill contained in the Pharmacy Law 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.

(1) Existing law prohibits, during the prosecution of specified sex crimes, the admission of evidence of the manner in which the victim was dressed, when offered by either the prosecution or the defendant on the issue of consent, unless the court finds the evidence relevant and admissible in the interests of justice. This bill would prohibit the court from admitting evidence, in the above circumstances, of the manner in which the victim was dressed, upon a finding that the evidence is relevant and admissible in the interests of justice. (2) This bill would incorporate additional changes to Section 1103 of the Evidence Code proposed by AB 1171 to be operative only if this bill and AB 1171 are enacted and this bill is enacted last. (3) The California Constitution provides that relevant evidence shall not be excluded in any criminal proceeding except as provided by statute enacted by a 23 vote of the membership of each house of the Legislature. Because this bill would limit the admissibility of evidence in criminal proceedings, it would require a 23 vote.

The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA establishes the Department of Cannabis Control and imposes duties on the department with respect to the creation, issuance, denial, suspension, and revocation of licenses issued pursuant to MAUCRSA. MAUCRSA imposes a civil penalty on a person engaging in commercial cannabis activity without a license as required by the act, of up to 3 times the amount of the license fee for each violation. This bill would impose a civil penalty on persons aiding and abetting unlicensed commercial cannabis activity of up to 3 times the amount of the license fee for each violation, but in no case more than $30,000 for each violation. The bill would prohibit filing an action for civil penalties brought against a person pursuant to MAUCRSA 3 years after the discovery of the violation. The bill would require a court to consider certain factors in assessing a penalty for engaging in or aiding and abetting unlicensed commercial cannabis activity. The bill would require that certain factors be demonstrated in order to prove that a person aided and abetted an unlicensed cannabis activity. The bill would authorize an action for civil penalties on persons aiding and abetting unlicensed commercial cannabis activity to be brought exclusively by the Attorney General, or in jurisdictions meeting specified population requirements, by the city prosecutor or city or county counsel. MAUCRSA requires civil penalties collected by the Attorney General in an action brought against a person pursuant to the act on behalf of the people to be deposited into the General Fund. This bill would instead require civil penalties collected by the Attorney General in an action brought against a person pursuant to MAUCRSA on behalf of the people, the department, or a participating agency to be first used to reimburse the Attorney General and the department or participating agency for the costs of investigating and prosecuting the action brought for civil penalties, with the remainder collected, if any, to be deposited into the General Fund. By authorizing the expenditure of civil penalties, which are general funds, to be used to reimburse the Attorney General and the department, or participating agency, this bill would make an appropriation. AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 23 vote of the membership of both houses of the Legislature, except as provided. This bill would declare that its provisions further the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.

Existing law requires the Department of Food and Agriculture to periodically publish and make available a list of reportable conditions that pose or may pose significant threats to public health, animal health, the environment, or the food supply. Under existing law, the document is known as the List of Reportable Conditions for Animals and Animal Products. Existing law establishes the Department of Food and Agriculture Fund and requires any moneys that are directed by law to be paid into the fund to be expended solely for the enforcement of the law under which the moneys were derived. This bill would make it unlawful for a person to establish, operate, or maintain a laboratory providing services for the examination, diagnosis, analysis, testing, quantifying, or identification of any emergency or regulatory condition of poultry and livestock, which would include all diseases or conditions listed as emergency or regulatory conditions in the List of Reportable Conditions for Animals and Animal Products, unless the person obtains a certificate from the department authorizing the person to establish, operate, and maintain a laboratory that provides these services. The bill would exclude a laboratory approved, certified, or accredited by the state or the federal government to provide equivalent services from these requirements. The bill would require the department to prescribe procedures and requirements for certification of these laboratories and to develop regulations to implement these provisions. Before issuing a certificate, the bill would require the department to collect an application or renewal fee from an applicant, which the department would be authorized to adjust to cover its reasonable costs to implement laboratory certification requirements. The bill would authorize a civil penalty against a person who violates these provisions, as provided. The bill would require the proceeds of the application and renewal fees and any civil penalty to be deposited into the Department of Food and Agriculture Fund. Existing law provides that a violation of any law relating to animal and poultry quarantine and pest control is a misdemeanor. This bill would provide that a violation of the bill's provisions is not a crime.

Existing law requires the Governor to proclaim certain days each year for specified reasons. This bill would designate August 26 of each year as California Farmworker Day, and require the Governor to annually proclaim August 26 as California Farmworker Day. The bill would make legislative findings in this regard.