Existing law governing solicitations and sale solicitations for charitable purposes requires all financial records of a soliciting organization to be maintained on the basis of generally accepted accounting principles as defined by the American Institute of Certified Public Accountants, the Governmental Accounting Standards Board, or the Financial Accounting Standards Board. This bill would instead require those financial records to be maintained on the basis of generally accepted accounting principles as established by the Financial Accounting Standards Board and the Governmental Accounting Standards Board. The bill would, notwithstanding this requirement, require a noncash pharmaceutical drug, nonprescription drug, medication, medical device, or medical supply contribution received by a charitable organization that is restricted by the donor from being used in the United States to be valued using the fair value of the end recipient market or a reasonable estimate thereof if the end recipient market value cannot be ascertained following a reasonable inquiry. The bill would also require a charitable organization, if the end recipient market is unknown when the noncash pharmaceutical drug, nonprescription drug, medication, medical device, or medical supply contribution is received, to value the contribution using only those markets in which the contribution is reasonably likely to be distributed or used. The bill would exclude from this provision noncash grants awarded by the United States, any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any of their agencies or governmental subdivisions that provide valuations for their noncash grants to the charitable organizations. The bill would authorize the Attorney General to adopt rules and regulations to carry out these provisions. The bill would make these provisions operative on January 1, 2021. Existing law, the Uniform Supervision of Trustees and Fundraisers for Charitable Purposes Act, governs charitable corporations, unincorporated associations, trustees, commercial fundraisers, fundraising counsel, commercial coventurers, and other legal entities holding or soliciting property for charitable purposes over which the state or the Attorney General has enforcement and supervisory powers. The act authorizes the Attorney General to impose specified civil penalties for acts and omissions. The act imposes specific requirements on charitable organizations and commercial fundraisers for charitable purposes and prohibits specified acts and practices in the planning, conduct, or execution of any solicitation or charitable sales promotion, including misrepresenting the purpose of the charitable organization or the nature or purpose or beneficiary of a solicitation. Existing law requires charitable corporations, unincorporated associations, and trustees to file periodic written reports with the Attorney General under oath. This bill would add to the list of prohibited actions reporting its noncash contributions in its audited financial statements, reports filed with the Attorney General, or solicitation materials, in a way that is misleading or likely to cause confusion. By expanding the crime of perjury with regard to statements made in the periodic written reports, 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.
Sponsored bills
This measure would recognize September 2020 as Sickle Cell Disease Awareness Month and encourage the Legislature to appropriate funds for research, treatment, and monitoring of sickle cell disease, and for related education and outreach.
This measure would urge specified state departments and the Attorney General to use their authority to ensure that health care service plans and health insurers subject to their authority comply with the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008.
(1) The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including emergency drills and preparedness, and oil spill containment and cleanup, and to represent the state in any coordinated response efforts with the federal government. Existing law requires the Governor to establish a California oil spill contingency plan that provides for an integrated and effective state procedure to combat the results of major oil spills within the state and that specifies state agencies to implement the plan. Existing law requires the administrator to submit to the Governor and the Legislature an amended California oil spill contingency plan that addresses marine oil spills, by January 1, 1993, and to submit revised plans every 3 years thereafter. Beginning January 1, 2017, and every 3 years thereafter, the administrator is required to submit an amended California oil spill contingency plan that addresses both marine and inland oil spills. This bill would define "nonfloating oil" for purposes of the act. The bill would require the administrator to hold, on or before January 1, 2022, a technology workshop that shall include the topic of technology for addressing nonfloating oil spills, and, in fulfilling specified duties, to consider information gained from technology workshops, as well as available scientific and technical literature concerning nonfloating oil spill response technology. The bill would require the administrator to include in the revision to the California oil spill contingency plan due on or before January 1, 2023, provisions addressing nonfloating oil. (2) Existing law authorizes an oil spill response organization (OSRO) to apply to the administrator for oil spill response for a rating of that OSRO's response capabilities. Upon receiving a completed application for rating, the administrator is required to review the application and rate the OSRO based on the OSRO's satisfactory compliance with criteria established by the administrator, including specified elements. This bill would require the administrator, on or before January 1, 2023, to revise criteria for OSROs determined by the administrator to be capable of addressing nonfloating oil spills so that the criteria are at least as protective as the nonfloating oil classification in the United States Coast Guard's OSRO Guidelines, and that those OSROs are required to be capable of providing equipment on the scene of an oil spill within an amount of time determined by the administrator to be consistent with achievement of best achievable protection for nonfloating oil. (3) Existing law requires an owner or operator of a facility, small marine fueling facility, or mobile transfer unit, or an owner or operator of a tank vessel, nontank vessel, or vessel carrying oil as secondary cargo, while operating in the waters of the state or where a spill could impact waters of the state, to have an oil spill contingency plan that complies with the rules, regulations, and policies established by the administrator for oil spill response, that meets specified minimum requirements, and that has been submitted to, and approved by, the administrator. Under existing law, a person who continues operations for which a contingency plan is required without an approved oil contingency plan or who knowingly fails to follow the material provisions of the applicable contingency plan is guilty of a misdemeanor. Commencing January 1, 2023, the bill would, if nonfloating oil is handled or transported, require that the oil spill contingency plan that is filed with and approved by the administrator identify at least one OSRO rated for nonfloating oil spill response. By expanding the scope of a crime under existing law, the bill would impose a state-mandated local program. (4) The Petroleum Industry Information Reporting Act of 1980 requires each major oil transporter, among others, to provide periodic reports to the State Energy Resources Conservation and Development Commission containing designated information regarding petroleum supplies and price. Existing law makes specified information collected by the commission confidential, subject to certain exceptions. This bill would require the commission to request, from destination facilities, as defined, certain information regarding crude oil transported to or within California via rail car or marine vessel, and to quarterly prepare and make available to the public a report based on that collected information, as provided. The bill would authorize the commission to disclose specified confidential information to the administrator for oil spill response upon request for oil spill planning and preparedness purposes, and to first responders in the event of an accident or spill, as provided. (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 requires the Department of Justice to maintain a statewide telecommunications system for use by law enforcement agencies. Existing law also requires the Attorney General, upon the advice of an advisory committee, to adopt policies, practices and procedures, and conditions of qualification for connection to the system. Existing law, the California Values Act, generally prohibits, with exceptions, a California law enforcement agency from using its moneys or personnel to investigate, detain, or arrest persons for immigration enforcement purposes. This bill would, commencing January 1, 2020, consistent with the California Values Act, prohibit subscribers to the system from using information other than criminal history information transmitted through the system for immigration enforcement purposes, as defined. The bill would also prohibit subscribers to the system from using the system for purposes of investigating violations of a specified federal law if a violation of that federal law is the only criminal history in an individual's record. The bill would, commencing July 1, 2021, with exceptions, require any inquiry submitted through the statewide telecommunications system for information other than criminal history information to include a reason for the inquiry. The bill would also, commencing July 1, 2021, authorize the Attorney General, and personnel they so authorize, to conduct investigations, as provided, as the Attorney General deems appropriate to monitor compliance with these provisions.
(1) Existing law establishes the Division of Oil, Gas, and Geothermal Resources within the Department of Conservation. Under existing law, the division regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. This bill would change the name of the Division of Oil, Gas, and Geothermal Resources within the Department of Conservation to the Geologic Energy Management Division and make conforming changes. This bill would specify that the purposes of provisions relating to oil and gas conservation include protecting public health and safety and environmental quality, including reduction and mitigation of greenhouse gas emissions associated with the development of hydrocarbon and geothermal resources in a manner that meets the energy needs of the state. The bill would require the State Oil and Gas Supervisor to coordinate with other state agencies and certain entities in furtherance of the goals of the California Global Warming Solutions Act of 2006 and to help support the state's clean energy goals. (2) Existing law requires an operator who engages in the drilling, redrilling, deepening, or in any operation permanently altering the casing, of a well, or who acquires a well, to file with the supervisor an individual indemnity bond for each well so drilled, redrilled, deepened, permanently altered, or acquired in specified amounts depending on the depth of the well. Existing law authorizes an operator who engages in the drilling, redrilling, deepening, or in any operation permanently altering the casing, of 20 or more wells at any time to file with the supervisor one blanket indemnity bond to cover all the operations in any of its wells in the state, in a specified amount depending on the total number of wells in the state, in lieu of the above-described requirement for an individual indemnity bond for each operation. Existing law provides that a person who fails to comply with these and other specific laws relating to the regulation of oil or gas operations is guilty of a misdemeanor. This bill would authorize the division to require an operator filing an individual or blanket indemnity bond, as applicable, to provide an additional amount of security acceptable to the division based on the division's evaluation of the risk that the operator will desert its well or wells and the potential threats the operator's well or wells pose to life, health, property, and natural resources, and would prohibit that amount from exceeding the lesser of the division's estimation of the reasonable costs of properly plugging and abandoning all of the operator's wells and decommissioning any attendant production facilities, or $30,000,000. The bill would require the division, when making an estimation of the reasonable costs of properly plugging and abandoning an operator's well or wells and decommissioning any attendant production facilities, to provide the operator with an opportunity to submit the operator's own estimation and to consider specified factors. The bill would require the division, in evaluating the risk that the operator will desert its well or wells and the potential threats the operator's well or wells pose to life, health, property, and natural resources, to consider specified factors. The bill would require the division to provide the operator with notice of the requirement to provide additional security, as specified, and would require the operator to provide the additional security within 180 days of service of notice. The bill would require the division to increase or decrease the amount of additional security required under these provisions to account for changed circumstances or new information. The bill would authorize the operator to, at any time, petition the division to reevaluate the division's evaluation of the risk or cost estimates, and would require the division to respond to the petition in writing within 60 days of receipt of the petition. The bill would require an operator to provide the additional security using one of specified methods, including, among others, an indemnity bond or an equally effective means of financial assurance approved by the division. The bill would authorize the division to approve self-insurance as an equally effective means of financial assurance only if certain conditions are satisfied, and would require the division to maintain as confidential any financial information received from an operator pursuant to these provisions that is not otherwise publicly available. The bill would authorize any 2 or more operators to elect to enter into a liability sharing agreement and would require the division to treat all operators that participate in the liability sharing agreement as a single operator when requiring additional security under these provisions, as provided. Because a violation of these provisions relating to providing an additional amount of security would be a crime, the bill would impose a state-mandated local program. (3) Existing law requires the operator of a well or production facility to notify the supervisor or the district deputy, in writing, in the form that the supervisor or the district deputy may direct, of the sale, assignment, transfer, conveyance, exchange, or other disposition of the well or production facility by the operator of the well or production facility within a prescribed time period and requires that notice to contain specified information. This bill would require, upon request of the supervisor, a former operator to provide certain additional information about the disposition to the division, as specified. Because a violation of these provisions relating to providing additional information would be a crime, the bill would impose a state-mandated local program. Existing law requires a person who acquires the right to operate a well or production facility, whether by purchase, transfer, assignment, conveyance, exchange, or other disposition, to notify the supervisor or the district deputy, in writing, of the person's operation within a prescribed time period and requires that person to provide specified material. This bill would require, upon request of the supervisor, a new operator to provide certain additional information about the disposition to the division, as specified. The bill would require the new operator, after notice of operations and until another person acquires the well or production facility, to notify the supervisor, in writing and by July 1 every other year, whether any of the rights have changed, and would require the new operator to also notify the supervisor within 30 days of any quitclaim of a well or production facility. Because a violation of these provisions relating to providing additional information and notice would be a crime, the bill would impose a state-mandated local program. (4) Existing law provides that a person who violates certain requirements related to the regulation of oil and gas is subject to specified civil penalties. Existing law authorizes the supervisor to allow a supplemental environmental project in lieu of a portion of the civil penalty amount. Existing law, until January 1, 2021, requires the portion of the civil penalty amount that is not allocated for a supplemental environmental project be deposited in the Oil and Gas Environmental Remediation Account and, after January 1, 2021, in the Oil, Gas, and Geothermal Administrative Fund. Existing law, until January 1, 2021, establishes that account in the Oil, Gas, and Geothermal Administrative Fund to be administered and managed by the division, and requires that the moneys in the account be used, upon appropriation by the Legislature, to plug and abandon oil and gas wells, decommission attendant facilities, or otherwise remediate sites that the supervisor determines could pose a danger to life, health, water quality, wildlife, or natural resources if there is no operator determined by the supervisor to be responsible for remediation or who is able to respond. This bill would indefinitely establish the Oil and Gas Environmental Remediation Account as well as the requirements of how the moneys in the account are to be used, upon appropriation by the Legislature. The bill would indefinitely require the portion of the civil penalty amount that is not allocated for a supplemental environmental project to be deposited in the Oil and Gas Environmental Remediation Account. (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.
(1) The California Financing Law (CFL) provides for the licensure and regulation of finance lenders and brokers by the Commissioner of Business Oversight. The CFL prohibits anyone from engaging in the business of a finance lender or broker without obtaining a license. A willful violation of the CFL is a crime, except as specified. Under existing law, a licensee who lends any sum of money is authorized to contract for and receive charges at a maximum rate that does not exceed specified sums on the unpaid principal balance per month, ranging from 2 12 % to 1%, based on the consumer loan amount, as specified. This provision, however, does not apply to any loan of a bona fide principal amount of $2,500 or more, as determined in accordance with a provision governing regulatory ceilings and evasion of the CFL. The CFL also authorizes a licensee, as an alternative to the above-described rate charges for consumer loan amounts, to instead contract for and receive charges at the greater of a rate not exceeding 1.6% per month on the unpaid principal balance or a rate not exceeding 5 56 of 1% per month, plus a specified percentage per month, as established by the Federal Reserve Bank of San Francisco, on advances to member banks under federal law, or if there is no single determinable rate, the closest counterpart of this rate. Under existing law, these provisions do not apply to a loan of a bona fide principal amount of $2,500 or more, as specified. The CFL further authorizes a licensee to contract for and receive an administrative fee of a specified amount that varies with the bona fide principal amount of the loan. This bill, entitled the Fair Access to Credit Act, would authorize a finance lender, with respect to a loan of a bona fide principal amount of $2,500 or more but less than $10,000, to contract for or receive charges at a rate not exceeding an annual simple interest rate of 36% plus the Federal Funds Rate. The bill would require finance lenders making loans subject to these provisions to, among other requirements, report each borrower's payment performance to at least one consumer reporting agency that compiles and maintains files on consumers on a nationwide basis and to also offer, at no cost to the borrower, a credit education program or seminar that has been previously reviewed and approved by the commissioner, in accordance with specific requirements. The bill would further specify that a licensee may contract for and receive an administrative fee, as described above, in addition to these charges. (2) Under the CFL, certain principles apply in determining whether a loan is a loan of a bona fide principal amount under specified provisions and whether the regulatory ceiling provision is used for purposes of evading the CFL. This bill would apply these principles to loans of a bona fide principal amount of $2,500 or more but less than $10,000. The bill would also apply these principles to any fees paid to a licensee for the privilege of participating in an open-end credit program. (3) Existing law prohibits licensees subject to the CFL from entering into a contract for a consumer loan that provides for a scheduled repayment of principal over more than the maximum terms set forth in relation to the respective size of the loan. Among other things, this provision prohibits a loan of at least $3,000 but less than $5,000 from exceeding a maximum term of 60 months and 15 days. This bill would increase the maximum principal loan amount under the above schedule to $10,000. The bill would also prohibit a licensee from entering into a contract for a consumer loan that is at least $2,500 but less than $10,000 that provides for a scheduled repayment of principal that is less than 12 months. The bill would also specify that the maximum loan term of 60 months and 15 days does not apply to a loan secured by real property of a bona fide principal amount of at least $5,000. The bill would also prohibit a licensee from charging, imposing, or receiving any penalty for the prepayment of a loan under the CFL, except as specified. (4) The CFL regulates a specific type of consumer loan known as an open-ended loan. The CFL prescribes the amount upon which charges authorized by the CFL may be based, the amount of a minimum monthly payment, the amount of fees, costs, and expenses a licensee may receive, and the amount to be delivered by the licensee at the time the open-ended loan is made. The CFL applies these provisions only to a loan of a bona fide principal amount not exceeding $5,000, as specified. This bill would apply those provisions to an open-ended loan in a bona fide principal amount not exceeding $10,000, as specified. The bill would make conforming and nonsubstantive changes. By expanding the application of the CFL to cover more loans, the bill would expand the scope of an existing crime, thereby imposing 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 prohibits an employer, who is required by law to give an employee a rest period during a workday, from requiring the employee to work during the rest period. Existing law requires an employer to pay the employee one additional hour of pay, at the employee's regular rate of compensation, for each rest period not provided. Existing law requires employers to provide a reasonable amount of break time to employees desiring to express milk for the employee's infant child. Existing law also requires an employer to make reasonable efforts to provide the employee with the use of a room, or other location, other than a bathroom, in close proximity to the employee's work area, for the employee to express milk in private. Existing law exempts an employer from the break time requirement if the employer's operations would be seriously disrupted by providing that time to employees desiring to express milk. Existing law subjects employers who violate these provisions to a civil penalty of $100 per violation and authorizes the Labor Commissioner to issue citations for those violations. This bill would instead require an employer to provide a lactation room or location that includes prescribed features and would require an employer, among other things, to provide access to a sink and refrigerator in close proximity to the employee's workspace, as specified. The bill would deem denial of reasonable break time or adequate space to express milk a failure to provide a rest period in accordance with state law. The bill would prohibit an employer from discharging, or in any other manner discriminating or retaliating against, an employee for exercising or attempting to exercise rights under these provisions and would establish remedies that include filing a complaint with the Labor Commissioner. The bill would authorize employers with fewer than 50 employees to seek an exemption from the requirements of these provisions if the employer demonstrates that the requirement posed an undue hardship by causing the employer significant difficulty or expense, as specified. The bill would require an employer who obtains an exemption to make a reasonable effort to provide a place for an employee to express milk in private, as specified. The bill would require an employer to develop and implement a policy regarding lactation accommodation and make it available to employees, as specified.
The California Coastal Act of 1976 (coastal act) requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as provided. The coastal act requires every person receiving a coastal development permit or a certificate of exemption for development on any vacant lot within specified designated areas, prior to commencement of construction, to pay to the California Coastal Commission (the commission) , for deposit in the Coastal Access Account, an in-lieu public access fee, with the amount of the fee determined by specified costs of acquisition, as provided. The coastal act, for purposes of those provisions governing the in-lieu public access fee amount and with respect to the Hollister Ranch public access program in the County of Santa Barbara, requires that the Hollister Ranch in-lieu fee for public access be $5,000 for each permit. The coastal act also requires that all in-lieu public access fees received pursuant to those provisions be deposited in the State Coastal Conservancy Fund and be available for appropriation to the State Coastal Conservancy for specified conservancy purposes. This bill would require the commission, in collaboration with the State Coastal Conservancy, the Department of Parks and Recreation, and the State Lands Commission, by April 1, 2021, to develop a contemporary public access program for Hollister Ranch that will replace the existing coastal access program for Hollister Ranch that the commission adopted in 1982, and would require that the public access program include specified components, as provided, including the first phase of public access to beach by land controlled by the Hollister Ranch Owners Association to be implemented by April 1, 2022. The bill would provide that a private person or entity impeding, delaying, or otherwise obstructing the implementation of the public access or other public access program requirements constitute a violation of the public access provisions of the coastal act. The bill would require the commission, in collaboration with the conservancy, the department, and the State Lands Commission, to submit a prescribed report to the Legislature within 30 days of missing a public access program deadline. The bill would require that all past, present, and future in-lieu fees received, as well as other moneys received by the conservancy for providing public access at Hollister Ranch from public and private sources, including nonprofit sources, be deposited in the Hollister Ranch Access Management Subaccount, which the bill would create in the State Coastal Conservancy Fund. The bill, upon appropriation by the Legislature, would require moneys in the subaccount to be used for any action necessary to implement the public access program for Hollister Ranch. This bill would increase the amount of the Hollister Ranch in-lieu public access fee to $33,000 for each permit, adjusted annually for inflation. Existing law states the intent of the Legislature that the State Coastal Conservancy and the State Public Works Board use their authority to implement the public access policies and provisions of the coastal act at Hollister Ranch. This bill would instead require the conservancy and the State Lands Commission to use their full authority to implement the public access policies and provisions of the coastal act at Hollister Ranch. This bill would make legislative findings and declarations as to the necessity of a special statute for Hollister Ranch.
Existing law authorizes a school nurse or other designated school personnel to assist any pupil who is required to take, during the regular schoolday, medication prescribed for the pupil by a physician and surgeon or ordered for the pupil by a physician assistant, if the school district receives specified written statements from the physician and surgeon or physician assistant and from the parent, foster parent, or guardian of the pupil. Existing law, the Compassionate Use Act of 1996, provides that a patient or a patient's primary caregiver who possesses or cultivates marijuana for personal medical purposes of the patient upon the written or oral recommendation or approval of a physician is not subject to conviction for offenses relating to possession and cultivation of marijuana. Existing law also requires the State Department of Public Health to establish a voluntary program for the issuance of identification cards to qualified patients who are entitled to the protections of the act. This bill would enact Jojo's Act, which would authorize the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades 1 to 12, inclusive, to adopt, at a regularly scheduled meeting of the governing board or body, a policy, as provided, that allows a parent or guardian of a pupil to possess and administer medicinal cannabis, as defined, at a schoolsite to the pupil who is a qualified patient entitled to the protections of the Compassionate Use Act of 1996, excluding cannabis, as defined, in a smokeable or vapeable form. The bill would authorize the policy to be amended or rescinded for any reason at a regularly scheduled meeting, as specified, and for exigent circumstances at a special meeting, as specified. The bill, for pupil records collected for the purpose of administering medicinal cannabis, would require those records to be treated as medical records and subject to all provisions of state and federal law governing the confidentiality and disclosure of medical records. 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.