Sen. Lola Smallwood-Cuevas

Existing law allows an individual taxpayer to contribute amounts in excess of their personal income tax liability for the support of specified funds and accounts, including, among others, to the Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund. This bill would allow, for taxable years beginning on or after January 1, 2026, and before January 1, 2033, an individual to designate on their tax return that a specified amount in excess of their tax liability be transferred to the continuously appropriated Black Cultural District Voluntary Tax Contribution Fund (fund) , which would be created by this bill. The bill would allocate moneys in the fund to, among other entities, the Arts Council for allocation for the construction and maintenance of the Black Cultural District designated in south City of Los Angeles. The bill would require the Franchise Tax Board to revise the tax return form to include a space for the designation of contributions to the fund. By establishing a new continuously appropriated fund, the bill would make an appropriation. This bill would provide that these provisions would remain in effect only until January 1, 2034, but would further provide for an earlier repeal if the Franchise Tax Board determines that the amount of contributions estimated to be received by September 1, 2028, and later calendar years will not at least equal the minimum contribution amount, in which case these provisions would be repealed on January 1 of the following year.

Existing federal law provides for the allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law requires an unrelated adult male who resides with a family who is applying for or receiving aid from the CalWORKs program to make a financial contribution to the family, as specified. This bill would, beginning July 1, 2027, or a later date, as specified, repeal the above-described provisions requiring an unrelated adult male who resides with a family applying for or receiving aid from the CalWORKs program to make a financial contribution to the family. The bill would authorize the department to implement, interpret, or make specific, this change by means of all-county letters, or similar written instructions, until regulations are adopted. By expanding eligibility for the CalWORKs program, the bill would impose a state-mandated local program. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would provide that the continuous appropriation would not be made for purposes of implementing the bill. 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, the Proprietary Security Services Act, prohibits a person from engaging in the business of a proprietary private security officer or a proprietary private security employer unless registered with the Department of Consumer Affairs. Existing law makes a violation of these provisions an infraction, as specified. Existing law requires a person who is registered and hired as a proprietary private security officer to complete training in security officer skills within 6 months from the date upon which registration is issued, or within 6 months of their employment with a proprietary private security employer, as specified. Existing law prohibits a proprietary private security employer from engaging in specified acts and authorizes the Director of Consumer Affairs to issue a citation, which may include an order to pay specified administrative fines for a violation of these provisions. This bill, commencing January 1, 2029, would recast those training provisions to require the training to be 42 hours, to require an applicant for a proprietary private security officer registration to complete, within the first 6 months of their employment date, a course in the exercise of the power to arrest and the appropriate use of force as a condition of issuance of the registration, and to require that the training be conducted through traditional classroom instruction, as defined. The bill would require 2 hours of training to be dedicated to training employees on specified workers' rights contained in a notice employers are required to provide employees, as specified. The bill would require the Bureau of Security and Investigative Services to administer certain provisions governing the approval of training providers, and would create a certificate authorizing a labor organization that represents security guards of a proprietary private security employer to provide the 2-hour training, as specified. The bill would also require a registered proprietary private security employee annually to complete a minimum of 12 hours of security officer skills training, with at least 4 hours of training dedicated to practicing deescalation skills, as specified, and that the time spent attending the annual training be compensated by the employer. The bill would require the bureau to determine the criteria to evaluate whether the deescalation trainings conform to the required principles and methods, as specified. This bill, commencing January 1, 2029, would increase the administrative fine that the director may impose upon a proprietary private security employer for failure to properly maintain accurate and current employment and training records or failure to administer to registered employees of the licensee the review or practice training, as specified, from $500 to $1,000, and would specify that the fine is for each violation. The bill would require a private security employer to ensure that the security skills training occurs and to compensate employees for training, as specified. The bill would authorize the director to impose an administrative fine for a violation of these provisions not exceeding $5,000 per violation and $2,500 per violation, respectively. Existing law requires a person registered as a proprietary private security employer to deliver to the director a written report describing the circumstances surrounding any physical altercation by a registered proprietary private security officer with a member of the public while on duty and while acting within the course and scope of their employment within 7 business days after the qualifying incident. The report is required only for certain physical altercations, including those resulting in a member of the public requiring first aid or other medical attention. This bill, commencing January 1, 2029, would expand the circumstances requiring a report to include those in which the physical altercation resulted in a security officer requiring first aid or other medical attention. The bill would expand the information required in the report to include the apparent race and gender of the member of the public and whether the security officer involved had received all required training at the time of the incident. The bill would require the bureau to release a report annually with respect to these reports describing the circumstances surrounding the physical altercations with members of the public containing specified information. Existing law, the Private Security Services Act, requires the director to administer its provisions. Existing law prohibits a person licensed as a private patrol operator from engaging in specified acts. Existing law requires a person registered as a security guard or patrolperson, and their employer, to deliver to the director a written report fully describing the circumstances surrounding any discharge of any firearm or physical altercation with a member of the public in which they were involved while acting within the course and scope of their employment within 7 days after the incident, as specified. Existing law makes any person who violates any of these provisions relating to private patrol operator licensure guilty of a misdemeanor. This bill, commencing January 1, 2029, would require the firearm discharge or altercation report to include the apparent race and gender of the member of the public and whether the security officer involved had received all required training at the time of the incident. The bill would also require the altercation report to specify whether a security officer required first aid or other medical attention. Because the bill would change the definition of a crime, it would impose a state-mandated local program. The bill would require the Bureau of Security and Investigative Services to release a report annually with respect to these reports describing the circumstances surrounding the discharge of any firearm, or physical altercation with a member of the public containing specified information. Existing law requires persons licensed under these provisions and persons who are employed and compensated by a licensee as a security guard or patrolperson, and who in the course of that employment or business carries a firearm, to undergo specified training in the exercise of the power to arrest and the appropriate use of force and a course of training in the carrying and use of firearms. This bill, commencing January 1, 2029, would require the department to develop and establish a standard course and curriculum that includes a minimum number of hours of instruction for training individuals on the role of implicit and explicit bias on racial profiling and the use of firearms in various settings. Existing law requires each applicant for a security guard registration to complete a course in the exercise of the power to arrest and the appropriate use of force as a condition for the issuance of the registration. Existing law requires a security guard registrant to, as specified, complete 32 hours of training in security officer skills within 6 months from the date of an initial registration, 16 of which are required to be completed within 30 days from the date that the registration is issued. This bill, commencing January 1, 2029, would recast these training provisions, increase the required hours of security guard training to 42, and require that the training be conducted through traditional in-person classroom instruction, as defined. The bill would increase the requirement that a registrant annually complete 8 hours of review or practice of security officer skills to 12 hours, require that 4 of those hours be dedicated to deescalation skills, as specified, and make other conforming changes. The bill would require 2 hours of training to be dedicated to training employees on specified workers' rights contained in a notice employers are required to provide employees, as specified. The bill would require the bureau to administer certain provisions governing the approval of training providers, and would create a certificate authorizing a labor organization that represents security guards of a proprietary private security employer to provide the 2-hour training, as specified. The bill would require a person licensed as a private patrol operator to ensure that security skills training occurs and to compensate employees for this training. The bill would require the bureau to determine the criteria to evaluate whether the deescalation trainings conform to the required principles and methods, as specified. This bill, commencing January 1, 2029, would revise provisions that describe those entities that are qualified to administer, test, and certify the course of training in the exercise of the power to arrest and the appropriate use of force. This bill, commencing January 1, 2029, would require the Bureau of Security and Investigative Services to annually solicit feedback from representatives from the security industry, as specified, regarding possible changes to a rule or regulation relating to the provisions described above for private patrol operators. Existing law authorizes the director to issue a citation to a licensee or registrant for violation of specified provisions which may contain an assessment of an administrative fine not exceeding $2,500. This bill would increase the amount of the administrative fine that may be assessed by the director to $10,000 per violation. Existing law authorizes the director to impose fines on licensed private patrol operators in the amount of $500 for each violation relating to a failure to properly maintain employment records or proof of completion of required training, as specified. Existing law also authorizes the director to impose fines on licensed private patrol operators in the amount of $250 for each violation relating to a failure to administer required security skills training, as specified. This bill, commencing January 1, 2029, would increase these fine amounts to $1,000 for each violation. Existing law authorizes the director to impose fines on licensed private patrol operators in the amount of $5,000 for each violation relating to a failure to deliver to the director a report describing the circumstances surrounding the discharge of any firearm or physical altercation with a member of the public while on duty, as specified. This bill, commencing January 1, 2029, would reduce the fine for violating these provisions to $2,500 per violation. This bill would declare the severability of its provisions. This bill would incorporate additional changes to Sections 7574.18 and 7583.6 of the Business and Professions Code proposed by SB 1148 to be operative only if this bill and SB 1148 are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law imposes taxes upon income and real property, and taxes upon certain transactions and excise taxes. The Fee Collection Procedures Law provides procedures for the collection of certain fees and surcharges and is administered by the California Department of Tax and Fee Administration (CDTFA) . Under existing law, a violation of the Fee Collection Procedures Law is a crime. This bill would, beginning July 1, 2028, establish the Private Detention Facility Tax Law, which would impose an annual tax on each private detention facility operator, as defined, equal to 25% of the operator's gross income, as defined, for the prior fiscal year, as defined. The bill would establish the Due Process for All Fund in the State Treasury, except as provided, and would require all revenues collected, less refunds and reimbursement to the CDTFA, be deposited into the fund. In the event that Assembly Bill 2465 is enacted, the bill would instead require all revenues be deposited into the Due Process for All Fund as established by that bill. The bill would direct moneys in the fund, upon appropriation by the Legislature, be used for immigration-related services. The bill would require the CDTFA to administer and collect the tax pursuant to the Fee Collection Procedures Law. By expanding the application of the crimes associated with the Fee Collection Procedures Law, the bill would impose a state-mandated local program. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. 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 take effect immediately as a tax levy.

Existing law requires a licensed health care practitioner who provides prenatal, postpartum, or interpregnancy care for a patient to offer to screen or appropriately screen a mother for maternal mental health conditions. For purposes of that requirement, existing law defines "maternal mental health condition" to mean a mental health condition that occurs during pregnancy, the postpartum period, or interpregnancy, as specified. This bill would limit the definition of "maternal mental health condition" to a mental health condition that occurs during the pregnancy or the postpartum period, as specified. The bill would authorize a licensed health care practitioner to satisfy the above-described requirement for maternal mental health screening by referring the patient or client to another licensed health care practitioner who is authorized to screen, evaluate, diagnose, and treat the patient or client for a maternal mental health condition. The bill would require a licensed health care practitioner who provides prenatal, postpartum, or perinatal care for a patient or client who screens positive for a maternal mental health condition to ensure that the patient or client receives appropriate clinical evaluation, and, if the practitioner diagnoses a patient or client with a maternal mental health condition, offer or provide treatment to the patient or client, consistent with the provider's scope of practice. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan or health insurer to develop a maternal mental health program designed to promote quality and cost-effective outcomes. Existing law requires the program to, among other things, conduct specified maternal mental health screenings during pregnancy and the postpartum period. Existing law requires the program guidelines and criteria to be provided to relevant medical providers, including all contracting obstetric providers. Existing law encourages health care service plans and health insurers to, among other things, improve screening, treatment, and referral to maternal mental health services. For purposes of these provisions, existing law defines "maternal mental health" to mean a mental health condition that occurs during pregnancy or during the postpartum period, as specified. This bill would modify the term to "maternal mental health condition" and define it as a mental health condition that occurs during the pregnancy or the postpartum period, as defined by the most recent clinical guidelines adopted by the American College of Obstetricians, as specified. The bill would instead require the above-described maternal mental health program to include maternal mental health screening to be conducted during pregnancy and one or more mental health screenings to be conducted during the postpartum period in accordance with applicable clinical guidelines and the standards of care appropriate to the provider's scope of practice, as specified. The bill would require program guidelines and criteria to be provided to relevant licensed health care practitioners, as defined, including all contracting obstetric providers. The bill would require a health care service plan or health insurer to provide case management or care coordination for an enrollee or insured who screens positive for a maternal mental health condition in accordance with the plan's or insurer's existing case management and care coordination programs. The bill would encourage health care service plans and health insurers to improve treatment, including through the use of outpatient prescription drugs approved for maternal mental health by the United States Food and Drug Administration. Because a willful violation of these provisions by a health care service plan 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.

Under existing law, a grand jury is a body of the required number of persons chosen from the citizens of the county to serve before a court of competent jurisdiction, and sworn to inquire of public offenses that are committed or triable within the county. Existing law requires each grand jury, no later than the end of each fiscal or calendar year, to submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters. Existing law requires one copy of each final report and its responses to be placed on file with the clerk of the court who shall immediately forward the report and responses to the State Archivist. This bill would instead require the clerk to compile all final reports and responses issued during the grand jury's term of service and to transfer the reports and responses to the State Archivist within 6 months of the end of the grand jury's term of service, as specified. The bill would specify that the clerk is not required to create new or consolidated documents.

(1) Existing law sets forth the Labor Commissioner's duties, including investigating employee complaints and providing for a hearing in any action to recover wages, penalties, and other demands for compensation, as specified. Existing law authorizes the Labor Commissioner, as an alternative to a judgment lien, to create a lien on real property for amounts due under a final order in favor of the employee or employees named in the order with the county recorder of any county in which the employer's real property may be located, at the Labor Commissioner's discretion and depending upon the information the Labor Commissioner obtains concerning the employer's assets. Existing law provides that unless the lien is satisfied or released, the lien continues until 10 years from the date of its creation. This bill would authorize the lien to be renewed at any time prior to its expiration for additional periods of 10 years by recording a renewal of certificate of lien or a copy of a renewed judgment. (2) Existing law precludes an employer or other person or entity who may be liable for a violation of the Labor Code from introducing as evidence in an administrative proceeding contesting a citation or writ proceeding under specified provisions, certain books, documents, or records that are not provided pursuant to a duly served written request by the Labor Commissioner within a specified time period, except as specified. This bill would also preclude an employer or other person or entity from using or relying on the above-described books, documents, or records as evidence, would revise the types of books, documents, or records to which the provisions are applicable, and would make those provisions applicable to a specified administrative proceeding contesting citations for retaliation or discrimination complaints. (3) Existing law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages, the regulation of working hours, and the securing of workers' compensation for public works projects. Existing law requires the Labor Commissioner to issue a civil wage and penalty assessment to a contractor or subcontractor, or both, if, after an investigation, the commissioner determines there has been a willful violation of the laws regulating public works. Existing law authorizes an affected contractor or subcontractor to obtain a review of the civil wage and penalty assessment by requesting a hearing from the office of the Labor Commissioner, after which the director shall issue a written decision, as specified. Existing law authorizes an affected contractor or subcontractor to obtain review of the decision of the director by filing a petition for a writ of mandate to the appropriate superior court, as specified. This bill would preclude a contractor or subcontractor from introducing as evidence, or in any other way using or relying on as evidence, at a hearing or writ of mandate proceeding described in the provisions above, any books, documents, or records that are not provided pursuant to a duly served written request by the Labor Commissioner within the time that the Labor Commissioner requests those books, documents, or records to be produced, except as specified. The bill would require the Labor Commissioner to take into consideration a reasonable request from the contractor or subcontractor for an extension of time for production of books, documents, or records, as specified.

Existing law makes it a crime for a law enforcement officer to wear a facial covering in the performance of their duties, except as specified. Existing law defines law enforcement officer for these purposes as anyone designated by California law as a peace officer who is employed by a city, county, or other local agency, and any officer or agent of a federal law enforcement agency, agency or law enforcement agency of another state, or any person acting on behalf of a federal law enforcement agency. This bill would add peace officers employed by a state agency to the definition of law enforcement officers, thereby making those law enforcement officers subject to those criminal penalties. The bill would specify that facial coverings does not include certain items, including, among other things, sunglasses. The bill would, for all of the items excluded from the definition of facial coverings, limit that exclusion if the items are combined or otherwise used in a manner intended to conceal or obscure an officer's identity. By expanding the scope of a crime, this bill would impose a state-mandated local program. Existing law prohibits any person who is found to have committed an assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution, while wearing a facial covering in a knowing and willful violation of these provisions, from asserting any privilege or immunity for their tortious conduct against a claim of civil liability, and makes that person liable for the greater of actual damages or statutory damages of not less than $10,000, whichever is greater. This bill would instead make a person who is found liable for false imprisonment or false arrest liable for those damages if the trier of fact finds that the person knowingly and willfully concealed their identity through the use of a facial covering at the time of the conduct giving rise to liability. Existing law requires a law enforcement agency operating in California to, by July 1, 2026, maintain and publicly post a written policy limiting the use of facial coverings, as specified. Existing law defines a law enforcement agency for these purposes as any entity of a city, county, or other local agency, that employs anyone designated by California law as a peace officer, any federal law enforcement agency, or any law enforcement agency of another state. This bill would add to the definition of law enforcement agency, a state entity that employs a peace officer and would change the date any law enforcement agency has to comply with that requirement to January 1, 2027. The bill would also require those policies to exempt certain surveillance operations related to enforcement of the Fish and Game Code, or similar federal law. 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 defines "sexual orientation change efforts" as practices by mental health providers that seek to change an individual's sexual orientation, as specified. Existing law prohibits a mental health provider, as defined, from engaging in sexual orientation change efforts with a patient under 18 years of age, and provides that such efforts attempted by a mental health provider are considered unprofessional conduct and must subject the mental health provider to discipline by that provider's licensing entity. This bill would define "sexual orientation or gender identity change efforts" as any practices of a licensed mental health provider that seek, during the provision of mental health services, to direct a patient toward a predetermined sexual orientation or gender identity, as specified, and would apply the prohibitions described above to such efforts. The bill would exclude specified practices, including age-appropriate interventions to address unlawful conduct or unsafe practices that do not seek to direct the patient toward a particular sexual orientation or gender identity, from this definition.

The California Constitution provides that all property is taxable and requires that it be assessed at the same percentage of fair market value, unless otherwise provided by the California Constitution or federal law. The California Constitution and existing property tax law provide various exemptions from taxation, including, among others, a disabled veterans' exemption and a veterans' organization exemption. This bill would exempt from taxation, as provided, 50% of that part of the full value of the property that does not exceed $1,000,000 that is owned by, and that constitutes the principal place of residence of, a veteran, the veteran's spouse, or the veteran and the veteran's spouse jointly, if, among other things, the veteran is 100% disabled. The bill would provide an unmarried surviving spouse a property exemption in the same amount that they would have been entitled to if the veteran were alive and if certain conditions are met. In the case of a disabled veteran or unmarried surviving spouse whose household income does not exceed a specified amount for the relevant assessment year, as prescribed, the bill would exempt 100% of that part of the full value of the property that does not exceed $1,000,000 from taxation. The bill would require certain documentation to be provided to the county assessor to receive the exemption and would prohibit any other real property tax exemption from being granted to the claimant if receiving the exemption provided by the provisions of this bill. The bill would make these exemptions applicable for property tax lien dates occurring on or after January 1, 2027, but occurring before January 1, 2032. By imposing additional duties on local tax officials, the bill would impose a state-mandated local program. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill also would include additional information required for any bill authorizing a new tax expenditure. 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 requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy.