Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. The act classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale, specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Existing law also requires a local health officer to assume that the fentanyl manufacturing process has led to some degree of chemical contamination and take action, as prescribed, if a fentanyl laboratory activity has taken place at a property. This bill would, upon appropriation by the Legislature, establish the Fentanyl Misuse and Overdose Prevention Task Force to undertake various duties relating to fentanyl misuse including, among others, collecting and organizing data on the nature and extent of fentanyl misuse in California and evaluating approaches to increase public awareness of fentanyl misuse. The bill would require the task force to be co-chaired by the Attorney General and the State Public Health Officer or their designees, and would specify the membership of the task force. The bill would require the first meeting of the task force to take place no later than June 1, 2024, and would require the task force to meet at least once every 2 months. The bill would require the task force to submit an interim report on its findings and recommendations to the Attorney General, the Governor, and the Legislature by July 1, 2025, and submit a final report by December 1, 2025. The bill would repeal these provisions on January 1, 2026.
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Existing law requires the coroner to inquire into and determine the manner, circumstances, and cause of all violent, sudden, or unusual deaths. Existing law authorizes a county board of supervisors, by ordinance, to abolish the office of coroner and provide instead for the office of medical examiner, to be appointed by the board and to exercise the powers and perform the duties of the coroner. This bill would require a coroner or medical examiner who evaluates an individual who died, in the coroner or medical examiner's expert opinion, as the result of an overdose to report the data gathered pursuant to the bill to the Overdose Detection Mapping Application Program managed by the Washington/Baltimore High Intensity Drug Trafficking Area program. By imposing new duties on coroners and medical examiners, this bill would impose a state-mandated local program. The bill would exempt a coroner or medical examiner from civil or criminal liability for making a report in good faith. 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 overdose information reported by a coroner or medical examiner from being used in a criminal investigation or prosecution, thereby requiring a 23 vote. 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.
(1) Existing law authorizes a public or private elementary or secondary school to determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school, and to designate one or more volunteers to receive related training to address an opioid overdose, as specified. This bill would state the Legislature's encouragement of county offices of education to establish a County Working Group on Fentanyl Education in Schools, as provided, for the purposes of outreach, building awareness, and collaborating with local health agencies regarding fentanyl overdoses. The bill would require the State Department of Education to curate and maintain on its internet website, among other things, informational materials containing awareness and safety advice, for school staff, pupils, and parents or guardians of pupils, on how to prevent an opioid overdose. (2) Under existing law, each school district and county office of education is responsible for the overall development of a comprehensive school safety plan for each of its schools operating kindergarten or any of grades 1 to 12, inclusive, in cooperation with certain local entities. Existing law requires that the plan identify appropriate strategies and programs that will provide or maintain a high level of school safety and address the school's procedures for complying with existing laws related to school safety. Existing law requires a petition to establish a charter school to include, among other things, a reasonably comprehensive description of the procedures that the charter school will follow to ensure the health and safety of pupils and staff, including requiring the development and annual update of a school safety plan that includes certain safety topics and procedures. This bill would additionally require a comprehensive school safety plan, and the school safety plan of a charter school, for a school serving pupils in any of grades 7 to 12, inclusive, to include the development of a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose. By creating new duties for local educational agencies, the bill would impose a state-mandated local program. (3) Existing law states the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities. Existing law further states legislative intent that the Multi-Tiered System of Supports, which includes restorative justice practices, among other things, may be used to help pupils, as specified. This bill would state the intent of the Legislature that a school use alternatives to a referral of a pupil to a law enforcement agency in response to an incident involving the pupil's misuse of an opioid, to the extent not in conflict with any other law requiring that referral. The bill would state legislative intent that the above-described Multi-Tiered System of Supports may be used to achieve these alternatives. (4) This bill would incorporate additional changes to Section 32282 of the Education Code proposed by SB 323 and SB 671 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 47605 of the Education Code proposed by AB 1604 and SB 671 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 47605.6 of the Education Code proposed by AB 1604 and SB 671 to be operative only if this bill and either or both of those bills 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, 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 authorizes victims of domestic violence, sexual assault, stalking, human trafficking, and elder or dependent adult abuse, and members of their households, to complete an application to be approved by the Secretary of State for the purpose of enabling state and local agencies to respond to requests for public records without disclosing a program participant's changed name or location, subject to specified conditions. Existing law makes it a misdemeanor for any person to make a false statement in an application. This bill, beginning on July 1, 2024, would make victims of child abduction, as defined, and members of their households eligible for the protections of this address confidentiality program. By expanding the scope of the program to include victims of child abduction and their household members, this bill would impose new duties on local public officials and 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law establishes a system of public elementary and secondary schools in this state. This system is composed of local educational agencies throughout the state that provide instruction to pupils in kindergarten and grades 1 to 12, inclusive, at schoolsites operated by these agencies. Existing law, commencing with the 2022–23 school year, requires each school district and county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, and each charter school to provide 2 nutritiously adequate school meals free of charge during each schoolday, regardless of the length of the schoolday, to any pupil who requests a meal without consideration of the pupil's eligibility for a federally funded free or reduced-price meal, as specified, with a maximum of one free meal for each meal service period. Existing law requires the department to develop and maintain nutrition guidelines for school lunches and breakfasts, and for all food and beverages sold on public school campuses. Existing law requires a school district, county superintendent of schools, or charter school to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each schoolday, except as provided. This bill would revise and recast provisions regarding school meals for needy pupils by, among other things, instead requiring each school district, county superintendent of schools, and charter school to make available a nutritionally adequate breakfast, as defined, and a nutritionally adequate lunch, as defined, free of charge during each schoolday, as defined, to any pupil who requests a meal, without consideration of the pupil's eligibility for a federally funded free or reduced-price meal, as provided. The bill would require each school district, county office of education, or charter school that offers independent study to meet the above meal requirements for any pupil on any schoolday that the pupil is scheduled for educational activities, as provided. The bill would require the State Department of Education to submit a waiver request to the United States Department of Agriculture to allow for one meal to be provided during a schoolday lasting 4 hours or less to be served in a noncongregate manner. The bill would authorize each school district, county superintendent of schools, and charter school to make available either a nutritionally adequate breakfast or a nutritionally adequate lunch, as defined, in a noncongregate manner, as provided, if the State Department of Education receives approval for the federal noncongregate waiver. The bill would require each school district, county superintendent of schools, and charter school to provide pupils with adequate time to eat, as determined by that school district, county superintendent of schools, or charter school in consideration of the recommendations provided by the department. The bill would require a chartering authority, among other things, to provide technical assistance to a charter school to meet these meal requirements, as provided. If the federal School Breakfast Program and federal National School Lunch Program allow more added sugar or sodium than is recommended by the most recent Dietary Guidelines for Americans, as described, the bill would require the department to convene representatives from specified entities to work in partnership to provide maximum daily added sugar and sodium intake recommendations for each grade level, as provided. The bill also would make conforming changes to related provisions of law. By imposing additional duties on local educational agencies and officials, the bill would impose a state-mandated local program. (2) Existing law authorizes the governing board of a school district to establish rules to determine which pupils are needy and authorizes a nominal cash payment for school meals to be collected from pupils that are not eligible for free meals and requires the State Department of Education to determine the amount of cash payment that may be required of those pupils. Existing law requires the Superintendent of Public Instruction to reimburse school districts for free and reduced-price meals served or sold based on the median statewide meal costs. This bill would delete those provisions. (3) Existing federal law provides for the permanent and nationwide Summer Electronic Benefit Transfer for Children (Summer EBT) program, under which pupils who are eligible for free and reduced-price school meals receive $40 per month during summer months for grocery benefits. This bill would require the State Department of Education to work in partnership with the State Department of Social Services to maximize participation in the federal Summer EBT program, as provided. (4) 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 declares that it is in the interest of the people and of the state that there be a general diffusion of knowledge and intelligence through the establishment and operation of public libraries. Existing law authorizes the State Librarian to give advisory, consultive, and technical assistance with respect to public libraries to librarians and library authorities, and assist all other authorities, state and local, in assuming their full responsibility for library services. This bill would establish the Local Public Library Partnership Program, under the administration of the State Librarian, for purposes of ensuring that all pupils have access to a local public library by 3rd grade. The bill would require the State Librarian to offer resources to assist each local public library, as defined, to find student success card dispensing strategies that work best for their communities, coordinate with each local public library to determine the most effective means to ensure each pupil in each local educational agency, as defined, is issued a student success card by 3rd grade, and, ensure, on or before January 1, 2026, that partnerships between local public libraries and local educational agencies have been established to enable each pupil enrolled at a schoolsite of each local educational agency to be issued a student success card by 3rd grade, as provided. To the extent these provisions impose additional duties on public libraries and local educational agencies, the bill would impose a state-mandated local program. The bill would require, on or before January 1, 2029, and each year thereafter, the State Librarian to report to the Legislature on the Local Public Library Partnership Program, 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.
The California Internet Consumer Protection and Net Neutrality Act of 2018 prohibits fixed and mobile internet service providers, as defined, that provide broadband internet access service, as defined, from engaging in specified actions concerning the treatment of internet traffic. The act also prohibits fixed and mobile internet service providers from offering or providing services other than broadband internet access service that are delivered over the same last-mile connection as the broadband internet access service, if those services have the purpose or effect of evading the above-described prohibitions or negatively affect the performance of broadband internet access service. This bill, the Digital Equity Bill of Rights, would state that it is the principle of the state, to ensure digital equity for all residents of the state, that residents shall have access to broadband that meets specific requirements, and that it is the policy of the state that, to the extent technically feasible, broadband internet subscribers benefit from equal access to broadband internet service within the service area of a broadband provider, as those terms are defined. The bill would also state that it does not create an obligation for the state to enforce that principle or policy and does not create a private right of action against the state to enforce the bill. The bill would make related legislative findings and declarations.
Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Existing law also imposes an additional term, and authorizes a trial court to impose a specified fine, upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, cocaine base, and cocaine, if the substance exceeds a specified weight. This bill would add fentanyl to the substances for which additional terms or fines can be imposed and would require a defendant who violates those laws with respect to a substance containing heroin, fentanyl, or cocaine, as specified, to know of the substance's nature or character as a controlled substance to be subjected to an additional term and authorized fine. By increasing the penalty for, and by changing the definition of, 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.
The California Constitution authorizes the Legislature to permit private, nonprofit organizations to conduct raffles as a funding mechanism to support beneficial and charitable works, if, among other conditions, at least 90% of the gross receipts from the raffle go directly to beneficial or charitable purposes in California. The California Constitution further authorizes the Legislature to amend the percentage of gross receipts required to be dedicated to beneficial or charitable purposes by a statute passed by a 23 vote of each house of the Legislature. Existing statutory law implements those provisions and requires the Department of Justice to administer and enforce those provisions. Existing statutory law, until January 1, 2024, authorizes a major league sports raffle at a home game conducted by an eligible organization, as defined, for the purpose of directly supporting specified beneficial or charitable purposes in California, or financially supporting another private, nonprofit, eligible organization, as defined, that performs those purposes if, among other requirements, 50% of the gross receipts generated from the sale of raffle tickets are used to benefit or provide support for beneficial or charitable purposes, as defined, the other 50% is paid to the winner, and the winners of the prizes are determined by a manual draw, as specified. This bill would permanently extend the operation of those provisions beyond January 1, 2024. By extending the operation of provisions that revise the percentage of gross receipts required to go to beneficial or charitable purposes pursuant to the California Constitution, this bill would require a 23 vote of each house.
Existing law defines the term "serious felony" for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the Three Strikes Law. This bill would include human trafficking of a minor within the definition of a serious felony for all purposes, including for purposes of the Three Strikes Law, except as specified. By expanding the scope of an enhancement, 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.