Sen. Rosilicie Ochoa Bogh

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 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 pursuant to a schedule of benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Subject to an appropriation by the Legislature for this purpose, this bill would expand the schedule of benefits to include an annual cognitive health assessment for Medi-Cal beneficiaries who are 65 years of age or older if they are otherwise ineligible for a similar assessment as part of an annual wellness visit under the Medicare Program. The bill would make a Medi-Cal provider eligible to receive the payment for this benefit only if they comply with certain requirements, including completing cognitive health assessment training. The bill would require the department to determine specified training and validated tools in consultation with prescribed entities, including the State Department of Public Health's Alzheimer's Disease Program. By January 1, 2024, and every 2 years thereafter, the bill would require the department to consolidate and analyze data related to the benefit, and to post information on the utilization of, and payment for, the benefit on its internet website. The bill would authorize the department to implement these provisions by various means, including all-plan letters, without taking regulatory action, and would condition the implementation of these provisions to the extent federal approvals are obtained and federal financial participation is available.

Existing law authorizes the State Department of Public Health to take measures, such as ordering isolation, quarantine, and disinfection of persons and places, to study and prevent the spread of a communicable disease. Existing law requires a local health officer to take similar measures in the territory under their jurisdiction to prevent the spread of disease. Under existing law, these measures can be issued to be effective immediately and have the force and effect of law. This bill would require, when the State Department of Public Health issues a statewide order or mandatory guidance, or when a local health officer issues an order, related to preventing the spread of COVID-19, as defined, or protecting public health against a threat of COVID-19, that they publish on their internet website the order or guidance and the date that the order or guidance takes effect. The bill would also require the department or local health officer to create an opportunity for local communities, businesses, nonprofit organizations, individuals, and others to sign up for an email distribution list relative to changes to the order or guidance. By creating new duties for local health officers, the bill would impose a state-mandated local program. The bill would make these provisions operative while an order or mandatory guidance issued by the department or a local health officer is in effect, as provided. 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. This bill would declare that it is to take effect immediately as an urgency statute.

(1) Existing law authorizes the commissioner to issue licenses for the operation of privately owned or operated ambulances used to respond to emergency calls, armored cars, fleet owner inspection and maintenance stations, and for the transportation of hazardous material. Existing law requires the department to inspect ambulances licensed by the department at least once per year. This bill would exempt ambulances owned or operated by a fire department of a federally recognized tribe or operators of those ambulances from the requirement to have a license and would prohibit the department from inspecting those ambulances. (2) Existing law requires an applicant for an ambulance driver certificate to satisfy prescribed requirements, including submitting an acceptable fingerprint card, and exempts specified persons operating ambulances in the line of duty, including salaried, regular, full-time police officers and members of a fire department of a public agency, from those requirements. This bill would extend that exemption to members of a fire department of a federally recognized tribe. (3) Under existing law, an authorized emergency vehicle is required to be equipped with at least one steady burning red warning lamp visible from at least 1,000 feet in front of the vehicle. Existing law defines an authorized emergency vehicle as, among other things, a vehicle owned or operated by any department or agency of the United States government when the vehicle used is responding to emergency, fire, ambulance, or lifesaving calls or is actively engaged in law enforcement work. This bill would also include in the definition of an emergency vehicle any vehicle owned or operated by a federally recognized Indian tribe used in responding to emergency, fire, ambulance, or lifesaving calls. The bill would state that a vehicle owned or operated by a federally recognized Indian tribe used in responding to emergency, fire, ambulance, or lifesaving calls is considered an authorized emergency vehicle, as specified.

(1) Existing law requires the Office of the State Foster Care Ombudsperson to be established in the State Department of Social Services with prescribed powers and duties relating to the management of foster children, including the dissemination of information on the rights of children and youth in foster care. Existing law requires the Director of Social Services, in consultation with a committee of interested individuals chosen by the director, to appoint the ombudsperson for a term of 4 years. Under existing law, the office is required to keep information obtained by the office from a complaint confidential. This bill would define "foster care" for purposes of the ombudsperson's duties to include voluntary or governmental placements in certain residential facilities, with a resource family, or with a family pending approval as a resource family, or placement pursuant to a juvenile court order, as specified. The bill would revise existing selection requirements for the position. The bill would also require the ombudsperson, in the performance of the duties and for the duration of the appointment, to be independent and would prohibit the ombudsperson, in exercising discretion, from being directly or indirectly controlled, supervised, or directed by the director. The bill would prohibit removal of the ombudsperson from their office for exercising their independence and discretion in furtherance of their duties and powers, and would set forth criteria for replacement of the ombudsperson in the event of a vacancy in the office. The bill would require the ombudsperson to maintain confidentiality with respect to the identities of the complainants or witnesses coming before the ombudsperson, except as specified. The bill would authorize the office to establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings. The bill would authorize the ombudsperson to access and inspect premises within the control of a state or local agency or a contractor with a state and local agency, and access and inspect a licensed or approved children's residential facility, as specified, for the purpose of carrying out the duties of the office. (2) Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. This bill would prohibit the ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding. Because this prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a ⅔ vote of the Legislature. The bill would also immunize the ombudsperson and any representative of the office from liability for exercising the investigative, complaint resolution, and technical assistance functions of the office, as specified. (3) Existing law requires a toll-free telephone number to be established for the office and requires social workers to provide foster children with that telephone number and verbal or written information regarding the existence and purpose of the office. This bill would require probation officers, as well as social workers, to provide foster children with the toll-free telephone number and additional information. By expanding the duties of probation officers, this bill would impose a state-mandated local program. 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. (4) This bill would incorporate additional changes to Section 16164 of the Welfare and Institutions Code proposed by AB 1140 to be operative only if this bill and AB 1140 are enacted and this bill is enacted last. (5) 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 pupil to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies. Existing law prohibits that authorization from limiting a local educational agency's discretion and authority to prohibit an item that is likely to cause a substantial disruption of, or material interference with, the ceremony. This bill would establish a 10-member task force, convened by the State Department of Education, to gather certain information and develop recommendations for best practices, protocols, proposed legislation, and other policies that will address how to comprehensively implement all aspects of existing law related to wearing traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies. The bill would require the task force, on or before April 1, 2023, to submit a report to the Legislature on that information and those recommendations. The bill would repeal these provisions on January 1, 2024.

(1) Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law defines a licensed branch office with reference to certain winegrower and brandy manufacturer facilities for which a duplicate license has been issued. Existing law prohibits a winegrower or brandy manufacturer from selling wine or brandy to consumers, or engaging in winetasting activities, at more than one licensed branch premise. Existing law limits the effect of this prohibition in connection with other premises, as specified. Existing law generally provides that a violation of the Alcoholic Beverage Control Act is a misdemeanor. This bill would revise the prohibition described above to allow a winegrower or brandy manufacturer to sell wine or brandy to consumers, or to engage in winetasting activities, at up to 2 licensed branch premises. By broadening the definition of a crime, this bill would impose a state-mandated local program. The bill would also make technical, clarifying changes. The Alcoholic Beverage Control Act also provides for application fees for a new license, not including a duplicate license, and for various annual renewal fees, depending on the type of license, including an annual fee for the renewal of a duplicate winegrower's license. The bill would provide for an application fee of $440 for a duplicate winegrower's license application. (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.

This measure would designate the month of September 2021 as Leukemia, Lymphoma, and Myeloma Awareness Month and Blood Cancer Awareness Month and the first week of September 2021 as Blood Donation Week.

This measure would proclaim August 2021 as Breastfeeding Awareness Month of 2021 in California. The measure would recognize the unique benefits that breastfeeding provides, as specified, and would affirm that Californians should work to ensure that barriers to initiation and continuation of breastfeeding are removed. The measure would encourage Californians to work together to explore ways to, among other things, improve women's access to breastfeeding support services in medical, social, and employment settings.

This measure would proclaim the month of October 2021, and each following October, as Domestic Violence Awareness Month.