Existing law establishes the Department of Housing and Community Development and sets forth its powers and duties. This bill would enact the Affordable Senior Housing Act of 2017, which would establish the Affordable Senior Housing Program within the jurisdiction of the department. The bill would declare that the purpose of this program is to guide and serve as a catalyst for the development of affordable senior housing and supportive care campuses within this state and would require the director of the department to undertake various actions in implementing this program, including establishing and implementing a process for identifying and convening public and private stakeholders, assisting program participants in identifying suitable locations and potential sources of public and private funding for the development of affordable senior housing, obtaining state and local permits, providing guidance on regulatory compliance, and providing information on tax credits and other incentives. The bill would require the director to annually report to the Legislature specified information about the program. The bill would require the department to convene public and private stakeholders that are interested in developing and financing mixed use affordable senior housing and supportive care campuses in order to discuss and identify specified issues. In this regard, the bill would require the director to report to the Legislature by January 1, 2019, on the information learned from the stakeholders. The bill would make the program operative upon the completion of that stakeholder report. The bill would also make various findings and declarations with regard to its provisions.
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Existing law requires the adopted course of study for grades 1 to 6, inclusive, and for grades 7 to 12, inclusive, to offer courses in specified areas of study, including social sciences. Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the State Board of Education. This bill would require the commission to develop, and the state board to adopt, reject, or modify, a model curriculum in media literacy for kindergarten and grades 1 to 12, inclusive. The bill would require the commission to submit the model curriculum to the state board on or before January 1, 2019, and would require the state board to adopt, reject, or modify the model curriculum on or before March 31, 2019, in accordance with specified procedural requirements. The bill would require the State Department of Education to make available on its Internet Web site a list of resources and instructional materials on media literacy, including media literacy professional development programs for teachers.
Existing law vests exclusive jurisdiction over ungranted tidelands and submerged lands owned by the state to the State Lands Commission. Existing law confers the powers of the commission as to leasing or granting of rights or privileges to lands owned by the state upon a local trustee of granted public trust lands to which those lands have been granted. Existing law authorizes the commission to let leases for the extraction of oil and gas from coastal tidelands or submerged lands in state waters and beds of navigable rivers and lakes within the state in accordance with specified provisions of law. Existing law, notwithstanding those provisions or any other provision of law, prohibits a state agency or state officer from entering into any new lease for the extraction of oil or gas from the California Coastal Sanctuary, which includes certain state waters subject to tidal influence, unless either (1) the President of the United States has found a severe energy supply interruption and has ordered distribution of the Strategic Petroleum Reserve, the Governor finds that the energy resources of the sanctuary will contribute significantly to the alleviation of that interruption, and the Legislature subsequently acts to amend the law to allow the extraction, or (2) the commission determines that the oil or gas deposits are being drained by means of producing wells upon adjacent federal lands and the lease is in the best interest of the state. This bill would prohibit the commission and the local trustees of granted public trust lands from entering into any new lease or other conveyance or from entering into any lease renewal, extension, or modification that authorizes a lessee to engage in new or additional exploration, development, or production of oil or natural gas upon lands owned by the state and under the jurisdiction of the commission that are located seaward of the ordinary high water mark for tidal waterways and the ordinary low water mark for navigable nontidal waterways that would result in the increase of oil or natural gas production from federal waters. The bill would apply the exceptions applicable to the California Coastal Sanctuary to these provisions. The bill would authorize the commission to establish guidelines for the implementation of these provisions.
(1) The Sherman Food, Drug, and Cosmetic Law, among other things, regulates the labeling of cosmetics and authorizes the State Department of Public Health to require a cosmetic label to list ingredients under specified circumstances. The law generally defines the term "cosmetic" as an article, or its components, intended to be applied to the human body, or any part of the human body, for cleansing, beautifying, promoting attractiveness, or altering the appearance. The law makes a violation of its provisions a crime. This bill would require a professional cosmetic manufactured on or after July 1, 2019, for sale in this state to have a label affixed on the container that satisfies all of the labeling requirements required for any other cosmetic pursuant to specific federal laws. By expanding the requirements of this law, the bill would expand the scope of a crime, and thus would impose a state-mandated local program. The bill would define terms for its purposes and make legislative findings in support of its provisions. (2) 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, until January 1, 2018, the Distinguished After School Health (DASH) Recognition Program, to be administered by the State Department of Education. Existing law requires the department to develop a process, administered on the department's Internet Web site, whereby an after school program, as defined, may be recognized as meeting prescribed requirements, including training staff on healthy eating and physical activity, providing healthy food and drinks to program attendees, and providing program attendees with physical activity and limited screen time, as defined. Existing law requires the department to include in the process on the Internet Web site an option to create a certificate, using a template designed by the department, that includes specified information, including a document, signed by the after school program director, demonstrating the manner in which the after school program meets the above requirements. Existing law provides that funding for the DASH Recognition Program is subject to an appropriation made for these purposes in the annual Budget Act or another statute, or the receipt of funding from nonstate sources. This bill would extend the DASH Recognition Program until January 1, 2023.
Existing law authorizes the Department of Motor Vehicles (DMV) to issue special license plates, including environmental license plates and specified special environmental design license plates. Under existing law, a state agency is authorized to apply to the DMV to sponsor a special license plate program, and the DMV is required to issue those license plates if the agency meets certain requirements. The DMV is required to charge specified fees for certain services related to the issuance of those plates. This bill would require the State Department of Health Care Services to apply to sponsor a reproductive freedom license plate program, and would require the DMV to issue the license plates if the State Department of Health Care Services meets certain requirements. The bill would authorize the State Department of Health Care Services to accept and use donated artwork from California artists for the license plate. The bill would require the revenue generated from the license plates, as specified, to be deposited in the California Reproductive Freedom Fund, created by the bill, and to be used, upon appropriation, for the Family Planning, Access, Care, and Treatment program (Family PACT) .
Existing law prohibits several forms of sexual battery, including among others, the touching of an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse. This bill would establish an additional sexual battery offense when an act of sexual intercourse is accomplished under certain circumstances, including, among others, when a person using a condom intentionally and without consent removes the condom prior to or during the act, when a person using the condom intentionally and without consent tampers with the condom and that condom is used during the act, or when the person intentionally and without consent uses a condom during the act that the person knows has been tampered with. The bill would provide that the offense is punishable by imprisonment in a county jail not exceeding one year and a fine not exceeding $2,000, or by imprisonment in the state prison for 2, 3, or 4 years, and by a fine not exceeding $10,000. The bill would make additional conforming changes. By creating a new crime, this bill would impose a state-mandated 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 authorizes a court, with the consent of the defendant and a waiver of the defendant's speedy trial right, to postpone prosecution, either temporarily or permanently, of a misdemeanor and place the defendant in a pretrial diversion program, if the defendant was, or currently is, a member of the United States military and if he or she may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service. Existing law authorizes the defendant to be referred to services for treatment. Existing law makes it unlawful for a person who is under the influence of any alcoholic beverage or drug to drive a vehicle, or to drive a vehicle and concurrently do any act forbidden by law which causes bodily injury to any person other than the driver. In any case in which a person is charged with a violation of these provisions, existing law prohibits a court from suspending or staying the proceedings prior to acquittal or conviction or from dismissing the proceedings because the accused person attends or participates in a treatment program. This bill would, notwithstanding any other law, including the above-described provision, specify that a misdemeanor offense for which a defendant may be placed in a pretrial diversion program in accordance with the above-described program includes a misdemeanor violation of driving under the influence or driving under the influence and causing bodily injury. The bill would not limit the authority of the Department of Motor Vehicles to take administrative action concerning the driving privileges of a person arrested for a violation of those provisions. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law relating to legal proceedings generally provides that a person does not have a privilege to refuse to disclose any matter or produce any writing, object, or other thing. However, a victim of domestic violence has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a domestic violence counselor. Existing law requires the domestic violence counselor who received or made a communication subject to this privilege to claim the privilege whenever he or she is present when the communication is sought to be disclosed. Existing law defines "domestic violence counselor" to mean a specified person who is employed at a domestic violence victim service organization. Existing law defines "domestic violence victim service organization" to mean a nongovernmental organization or entity that provides shelter, programs, or services to victims of domestic violence and their children, as specified. This bill would expand the definition of "domestic violence victim service organization" to include a public or private institution of higher education, as specified, thereby expanding the scope of the privilege. The California Constitution requires that a statute that would exclude relevant evidence in any criminal proceeding be enacted by a 23 vote of each house of the Legislature. Because this bill would exclude certain communications between a victim of domestic violence and a domestic violence counselor in criminal proceedings, the bill would require a 23 vote.
Existing law, the False Claims Act, provides that a person who commits any one of several enumerated acts relating to the submission to the state or a political subdivision of the state of a false claim for money, property, or services, as specified, shall be liable to the state or political subdivision for certain damages and a civil penalty. Existing federal law requires the Office of the Inspector General, in consultation with the United States Attorney General, to determine whether a state has a false claims act that qualifies the state for a 10-percentage-point increase under the Social Security Act in the state's share of any amounts recovered under that law, by, among other things, imposing a civil penalty that is not less than the amount of the civil penalty authorized under the Federal False Claims Act. Existing federal law, the Federal Civil Penalties Inflation Adjustment Act of 1990, requires federal agencies to adjust the levels of civil monetary penalties for inflation to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. This bill would specify that the fines imposed for violation of the False Claims Act shall be imposed as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990.