Sen. Rosilicie Ochoa Bogh

Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude those compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments to tribal-state gaming compacts, between the State of California and specified Indian tribes. The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would ratify the tribal-state gaming compacts entered into between the State of California and the Campo Band of Diegueno Mission Indians of the Campo Indian Reservation, California, the La Posta Band of Diegueno Mission Indians of the La Posta Indian Reservation, California, the Timbisha Shoshone Tribe, and the Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California, and amendments to the tribal-state gaming compacts entered into between the State of California and the Augustine Band of Cahuilla Indians, California, the Picayune Rancheria of Chukchansi Indians of California, and the Cher-Ae Heights Indian Community of the Trinidad Rancheria, California. The bill would provide that, in deference to tribal sovereignty, certain actions related to these compacts are not projects for the purposes of CEQA. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, as defined. Existing law requires a health facility to allow a patient's domestic partner, the children of the patient's domestic partner, and the domestic partner of the patient's parent or child to visit unless no visitors are allowed, the facility reasonably determines that the presence of a particular visitor would endanger the health or safety of a patient, member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of a facility, or the patient has indicated to the health facility staff that the patient does not want this person to visit. A violation of this provision is a misdemeanor. This bill, Dianne's Law, would require a health facility to allow specified persons to visit, including the patient's children and grandparents. The bill would require the health facility to develop alternate visitation protocols, if circumstances require the health facility to restrict visitor access to the facility due to health or safety concerns, that allow visitation to the greatest extent possible while maintaining patient, visitor, and staff health and safety. Notwithstanding the requirement mentioned above, the bill would prohibit a health facility from prohibiting in-person visitation in end-of-life situations unless the patient has indicated to the health facility staff that the patient does not want this person to visit, as specified, and would authorize a health facility to require visitors to adhere to personal protective equipment and testing protocols not greater than those required of facility staff for the duration of their visit. The bill would also require the facility to provide personal protective equipment and testing resources to each visitor for a patient in an end-of-life situation, to the extent that those resources have been made readily available to the facility by state or local entities for that purpose. By expanding an existing 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 law generally regulates social media platforms, including by requiring a social media platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is, among other things, child sexual abuse material. This bill would require a social media platform to provide a mechanism that is reasonably accessible to a reporting user who is a California resident who has an account with the social media platform to report sexually explicit digital identity theft to the social media platform. The bill would define "sexually explicit digital identity theft" to mean the posting of covered material on a social media platform and would define "covered material" to mean material that meets certain criteria, including that the material is an image or video created or altered through digitization that would appear to a reasonable person to be an image or video of an intimate body part of an identifiable person or an identifiable person engaged in certain sexual acts, and that the reporting person is the person depicted in the material and did not consent to the use of the reporting person's likeness in the material. The bill would also require a social media platform to immediately remove a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform if the social media platform determines there is a reasonable basis to believe the reported sexually explicit digital identity theft is sexually explicit digital identity theft, as prescribed.

Existing law defines certain acts as disorderly conduct, punishable as a misdemeanor. Under existing law, it is disorderly conduct to intentionally distribute or cause to be distributed the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. This bill would make it a crime for a person who is 18 years of age or older to intentionally create and distribute or cause to be distributed any photo realistic image, digital image, electronic image, computer image, computer-generated image, or other pictorial representation of an intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates that was created in a manner that would cause a reasonable person to believe the image is an authentic image of the person depicted, under circumstances in which the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 647 of the Penal Code proposed by AB 1874, AB 1962, and SB 1414, to be operative only if this bill and some or all of those other bills are enacted and this bill is enacted last. 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, the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, establishes, under the jurisdiction of the Department of Health Care Access and Information, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. Existing law requires that, by January 1, 2030, owners of these hospitals must either demolish, replace, or change to nonacute care use all hospital buildings that are not in compliance with these standards or seismically retrofit all acute care inpatient hospital buildings so they are in substantial compliance with these standards, unless subject to an abeyance. This bill would authorize a hospital owner or operator to submit an application, by specified dates, to the department for additional extensions to the compliance deadline. The bill would require the department to grant or deny an extension of the deadline for substantial compliance with seismic safety regulations or standards up to January 1, 2035. The bill would require the application to contain a seismic compliance plan, a specified evaluation report, a financial plan, and an attestation to the department that the appropriate governing board of that hospital is aware that the hospital building is required to be in substantial compliance with the seismic safety regulations or standards. By imposing the above-described attestation, this bill would expand the crime of perjury and impose a state-mandated local program. This bill would require the hospital and the department to identify specified milestones that are used for determining whether the hospital is making progress towards meeting the hospital's seismic compliance deadline. The bill would require the hospital to demonstrate efforts to comply with the seismic compliance deadline by providing the department with a plan outlining how seismic construction costs and other financial responsibilities will be met and what funding sources will be used if the hospital fails to meet an agreed-upon milestone due to circumstances that were within the hospital owner's or operator's control. The bill would require the owner or operator of that hospital to submit to the department an attestation that the appropriate governing board of that hospital is aware of the hospital's responsibility to comply with the associated construction costs to meet the seismic compliance deadlines. By requiring the owner or operator of a hospital to submit to the department an attestation, this bill would expand the crime of perjury and impose a state-mandated local program. This bill would require the department, before granting an extension past January 1, 2030, to provide public notice of a hospital's request for an extension, provide copies, upon request, of any publicly available material submitted by the hospital in support of their extension to interested parties, and allow the public to submit written comments on the extension proposal, as specified. The bill would require the department, beginning January 1, 2027, to post on the department's internet website specified information, including, among other things, its decision to grant or deny any extension. The bill would require the department to notify the county board of supervisors, the city council, and the Assembly and Senate representative in writing and electronically if a hospital within their district has been granted or denied an extension. This bill would require the department, on or before January 1, 2026, to adopt regulations and standards or revise regulations and standards, or both, to extend the deadlines for meeting the structural performance and nonstructural performance requirements. The bill would specify that regulatory submissions made by the department to the California Building Standards Commission are deemed to be emergency regulations and that the adoption of these regulations are to be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, and general welfare. Existing law requires, before January 1, 2024, the owner of an acute care inpatient hospital that includes a building that does not substantially comply with seismic safety regulations or standards to post in a lobby or waiting area generally accessible to patients or the public a notice provided by the department that the hospital is not in compliance with the seismic safety requirements the hospital is required to meet by January 1, 2030. Existing law requires, on or before January 1, 2024, and annually thereafter, the owner of an acute care inpatient hospital that includes a building that does not substantially comply with seismic safety regulations or standards to provide an annual status update on the Structural Performance Category ratings of the buildings and the services provided in each hospital building on the hospital campus to specified entities until each of the hospital buildings owned by that hospital building owner is compliant. This bill would require, before January 1, 2025, the owner or operator of an acute care inpatient hospital that includes a building that does not substantially comply with the seismic safety regulations or standards to post in any lobby or waiting area generally accessible to patients or the public the notice mentioned above. The bill would also require, on or before January 1, 2025, and annually thereafter, the owner or operator to provide an annual status update, as specified. This bill would specify that the provisions of this act are severable. 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.

This measure would designate a specified portion of Interstate 80 in the City and County of San Francisco as the Willie Mays Highway. The measure would request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.

This measure would declare the month of September 2024 as Childhood Cancer Awareness Month and state the commitment of the Legislature to support efforts to find cures, and less toxic treatments, for childhood cancer.

This measure would recognize August 8, 2024, as California Community Cats Day and would urge all Californians to observe and promote this day with appropriate activities and programs.

This measure would recognize August 26, 2024, as Women's Equality Day and its historic importance to women's rights, including the battle to attain those rights in the past, present, and future.

Existing law makes a person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for the person's safety, or the safety of the person's immediate family, guilty of the crime of stalking, punishable as a misdemeanor or a felony. This bill would also make a person guilty of stalking if the person willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for the safety of that person's pet, service animal, emotional support animal, or horse. By changing the definition of a crime, 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.