(1) Existing law governs the cultivation of industrial hemp in this state and establishes a registration program administered by county agricultural commissioners and the Department of Food and Agriculture for growers of industrial hemp, hemp breeders, and established agricultural research institutions, as defined. Existing law requires specified registrants that grow industrial hemp, before the harvest of each crop, to obtain a laboratory test report indicating the THC (delta-9 tetrahydrocannabinol) levels of a random sampling of the industrial hemp, and requires that sampling to occur no more than 30 days before harvest. Existing law requires a registrant that grows industrial hemp to destroy the industrial hemp grown upon receipt of a laboratory test report indicating a percentage concentration of THC that exceeds a specified level. Unless otherwise provided, a violation of these provisions is a crime. This bill would instead require the sampling to occur within a timeframe determined by the department. The bill would require a registrant to destroy or dispose of the industrial hemp grown upon receipt of a laboratory test result described above. The bill would require that laboratory test reports of hemp include the measurement of uncertainty, as defined, associated with the test results. The bill would also require laboratories to use appropriate, validated methods and procedures for all testing activities, including when estimating the measurement of uncertainty. By adding new requirements for hemp testing, the violation of which could be a crime, this bill would impose a state-mandated local program. (2) Existing law requires the registration application for an established agricultural research institution and hemp breeder to include, among other things, a plan for testing all of the plants cultivated. Existing law requires the registration application for a grower of industrial hemp to include, among other things, the approved cultivar to be grown, including the state or county of origin. This bill would require the testing plan of an established agricultural research institution and hemp breeder to provide for testing of a representative sample, instead of all, of the plants cultivated. The bill would require a grower of industrial hemp to include the country of origin, instead of the county of origin, of the approved cultivar in the registration application. (3) Existing law creates the Industrial Hemp Advisory Board, consisting of 13 members appointed by the Secretary of Food and Agriculture, to advise the secretary and make recommendations on all matters pertaining to industrial hemp. Under existing law, the membership of the board includes, among other members, 5 members who are registered growers of industrial hemp and one member who is a representative of the Hemp Industries Association or its successor industry association. This bill would change the membership of the board by increasing the number of members who are registered growers of industrial hemp to 6 and eliminating the member who is a representative of the Hemp Industries Association from the board. (4) Existing law requires the Department of Food and Agriculture to submit specified registration information to the United States Department of Agriculture. This bill would instead require the department to submit information relating to registrations described in a specified federal regulation to the United States Department of Agriculture. The bill would require each registered established agricultural research institution, registered grower of industrial hemp, and registered hemp breeder to report to the Farm Service Agency of the United States Department of Agriculture specified information regarding its hemp production in the state, including the location, acreage, and license or registration number associated with each location in the state where hemp will be produced. By imposing new reporting requirements, the violation of which could be a crime, this bill would impose a state-mandated local program. (5) Existing federal law, the Agricultural Act of 2014, authorizes an institution of higher education, as defined, or a state department of agriculture, as defined, to grow or cultivate industrial hemp under an agricultural pilot program, as defined, under certain conditions. Existing federal law, the Agricultural Marketing Act of 1946, as amended by the Agriculture Improvement Act of 2018, requires a state desiring to have primary regulatory authority over the production of industrial hemp in the state to submit to the United States Secretary of Agriculture, through the state department of agriculture, a plan, with specified contents, under which the state monitors and regulates hemp production. Existing state law authorizes the Department of Food and Agriculture to establish and carry out an agricultural pilot program in accordance with the above-described provision of the federal Agricultural Act of 2014. Before cultivating industrial hemp, existing state law requires an established agricultural research institution to provide the Global Positioning System coordinates of the planned cultivation site to the county agricultural commissioner of the county in which the site is located. This bill would make both of these provisions of state law inoperative on the date on which a state plan for California is approved by the United States Secretary of Agriculture, and would repeal these provisions on January 1 of the following year. (6) Existing law establishes certain enforcement procedures with respect to industrial hemp that become operative as of the effective date that a state plan to regulate the production of industrial hemp is approved pursuant to the federal Agricultural Marketing Act of 1946, as amended by the federal Agriculture Improvement Act of 2018. Under existing law, these procedures require the enforcement of the approved state plan to comply with specified provisions of that federal law. In accordance with that federal law, these procedures require a grower of industrial hemp, established agricultural research institution, or hemp breeder that the Secretary of Food and Agriculture determines has violated the approved state plan to be subject to certain consequences depending on whether the violation is negligent or whether the violation is committed intentionally or with recklessness or gross negligence. This bill would revise these enforcement procedures to conform to the requirements for a state plan under that federal law by specifying that a grower of industrial hemp, established agricultural research institution, or hemp breeder, as a result of a negligent violation, is not subject to any criminal enforcement action by the state or a local government. (7) This bill would make other related changes to provisions governing the cultivation of industrial hemp. (8) 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.
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Under existing law, a person is guilty of disorderly conduct, a misdemeanor, if they intentionally distribute an image that was intended to remain private of the intimate body parts of another or of the person depicted engaged in a sex act, as specified. Existing law requires prosecution for this offense to be commenced within one year after commission of the offense. This bill would instead allow prosecution for this offense to commence within one year of the discovery of the commission of the offense, but no more than 4 years after the image was distributed.
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.
The Optometry Practice Act provides for the licensure and regulation of the practice of optometry by the State Board of Optometry. The act prohibits engaging in the practice of optometry without an optometrist license from the board. The act requires, in order for an applicant to obtain a license to practice optometry in California, that the applicant have graduated from an accredited school of optometry, passed the required examinations for licensure, not have met any of certain grounds for denial, and not be currently required to register as a sex offender. Existing law specifies that a violation of the act is a misdemeanor punishable by fine or imprisonment, as provided. The act also authorizes the board to take action against all persons guilty of violating the act or regulations of the board. The act requires the board to enforce and administer its enforcement provisions as to licenseholders, including those who hold a retired license, a license with a retired volunteer designation, or an inactive license. This bill would establish provisions for temporary licensure. The bill would require the board to issue a temporary license to practice optometry to any person who applies for and is eligible for licensure under existing law, but who is unable to immediately take the required examination for licensure due to the state of emergency, proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic. The bill would establish an application fee. The bill would require the applicant to satisfy prescribed additional conditions for issuance of a temporary license. The bill would require that a temporary licensee practice under the direct supervision of a supervising optometrist, as described. The bill would prohibit a temporary licensee, during the timeframe in which that licensee holds a temporary license, from opening their own optometric office or place of practice. The bill would define terms for these purposes. Under the bill, a temporary license would expire upon the date that the temporary licensee completes all of the requirements for licensure or 6 months after the date the state of emergency, proclaimed by the Governor in response to the COVID-19 pandemic has ended, whichever occurs first. The bill would require the supervising optometrist to submit to the board any violations of the act committed by the temporary licensee within a certain timeframe. The bill would require a person requesting to be a temporary licensee and a person requesting to be a supervising optometrist to apply to the board using an application in substantially a specified form and making certain declarations under penalty of perjury, as prescribed. The bill would provide that the board is not required to adopt regulations to carry out these provisions. The bill would require the board to enforce and administer its enforcement provisions against holders of a temporary license. By establishing new requirements for temporary licensure and the supervision of temporary licensees, the violation of which would be a crime, and expanding the crime of perjury, 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. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the Interagency Advisory Committee on Apprenticeship within the Division of Apprenticeship Standards, which is in the Department of Industrial Relations. Existing law prescribes the composition of the committee, which includes specified officials or their designees, serving as ex officio members, and 6 persons appointed by the Secretary of Labor and Workforce Development who are familiar with certain apprenticeable occupations, as specified requirements. This bill would add the director of the State Department of Social Services as a member of the Interagency Advisory Committee on Apprenticeship. This bill would require the Interagency Advisory Committee on Apprenticeship to create a subcommittee to study and report on issues related to the participation of homeless youth and foster youth, as defined, in apprenticeships and preapprenticeships, and prescribe specified subjects the subcommittee is to address. The bill would authorize the subject matters of study and reporting to be expanded to include issues relating to minority populations, at the request of a committee member. The bill would require, on and after July 1, 2023, that the findings and recommendations be included in a specified report. Existing law requires the Chief of the Division of Apprenticeship Standards, the California Apprenticeship Council, and the Interagency Advisory Committee on Apprenticeship to annually report separately through the Director of Industrial Relations to the Legislature and the public on their activities. Existing law specifies the subjects upon which they are to report, including the number of individuals, including numbers of women and minorities, in apprenticeship, preapprenticeship, and other specified programs for the current year and in each of the previous 5 years. This bill would expand the above-described reporting requirements to include provisions relating to foster youth and homeless youth, as defined. This bill would incorporate additional changes to Section 3071.5 of the Labor Code proposed by AB 1273 to be operative only if this bill and AB 1273 are enacted and this bill is enacted last.
This measure would proclaim specified principles as the Cancer Patients' Bill of Rights to make clear the Legislature supports the best cancer care for cancer patients in the state.
Existing law prohibits California postsecondary educational institutions except community colleges, and every athletic association, conference, or other group or organization with authority over intercollegiate athletics, from providing a prospective intercollegiate student athlete with compensation in relation to the athlete's name, image, or likeness, or preventing a student participating in intercollegiate athletics from earning compensation as a result of the use of the student's name, image, or likeness or obtaining professional representation relating to the student's participation in intercollegiate athletics. Existing law prohibits an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a postsecondary educational institution other than a community college from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the student's name, image, or likeness. Existing law prohibits the revocation of a student's scholarship as a result of earning compensation or obtaining legal representation as authorized under these provisions. Existing law prohibits a student athlete from entering into a contract providing compensation to the athlete for use of the athlete's name, image, or likeness if a provision of the contract is in conflict with a provision of the athlete's team contract. Existing law prohibits a team contract from preventing a student athlete from using the athlete's name, image, or likeness for a commercial purpose when the athlete is not engaged in official team activities, as specified. Existing law makes these provisions operative on January 1, 2023. This bill, the Fair Pay to Play Act, would make these provisions operative on September 1, 2021, and would make them applicable to the California Community Colleges. The bill would prohibit California postsecondary educational institutions and every athletic association, conference, or other group or organization with authority over intercollegiate athletics from providing a prospective intercollegiate student athlete with compensation in relation to the athlete's athletic reputation, or preventing a student participating in intercollegiate athletics from earning compensation as a result of the use of the student's athletic reputation. The bill would prohibit an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a postsecondary educational institution from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the student's athletic reputation. The bill would prohibit the revocation of a student's scholarship as a result of earning compensation for the use of the student's athletic reputation. The bill would prohibit a student athlete from entering into a contract providing compensation to the athlete for use of the athlete's athletic reputation if a provision of the contract is in conflict with a provision of the athlete's team contract. The bill would prohibit a team contract from preventing a student athlete from using the athlete's athletic reputation for a commercial purpose when the athlete is not engaged in official team activities, as specified. By imposing new duties on community college districts, 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, 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.
Under existing law, the Public Utilities Commission has regulatory authority over telephone corporations. Existing law establishes the lifeline telephone service program to provide low-income households with access to affordable basic residential telephone service. Under existing law, the commission established a 2-year pilot program within the lifeline telephone service program that provides a smartphone and monthly prepaid mobile telephony service to certain current and former foster youth 13 to 26 years of age, inclusive, as specified. This bill would require the commission to continue this foster youth program as an element of the lifeline telephone service program to provide eligible foster youth with a smartphone and monthly prepaid mobile telephony service, including unlimited voice, text, and data service, except the bill would authorize the commission to establish a sunset date for the foster youth program upon specified conditions being satisfied. The bill would make eligible for the foster youth program current and former foster youth, 13 to 26 years of age, inclusive, residing in California. The bill would authorize the commission to adjust the support amounts, including for inflation, for increased data or hotspots needed for distance learning and for other academic or employment needs and to expand the program to foster youth younger than 13 years of age if it determines expansion is merited and within program funding levels. The bill would authorize the commission to select one or more third-party administrators to administer the foster youth program and to determine those mobile telephony service providers that will provide service for the program. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be a part of the act and because a violation of a commission action implementing its requirements would be 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. This bill would declare that it is to take effect immediately as an urgency statute.