Sen. Melissa A. Melendez

Existing law, the Mental Health Services Act (MHSA) , an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, among other things, establishes the Mental Health Services Oversight and Accountability Commission to oversee the administration of various parts of the act. The act authorizes the commission to, among other things, establish technical advisory committees and assist in providing technical assistance to accomplish the purposes of the act. This bill would make nonsubstantive, technical changes to these provisions.

Existing law, the California Tourism and Marketing Act, establishes a nonprofit mutual benefit corporation named the California Travel and Tourism Commission under the direction of a board of commissioners composed of 37 members, including the Director of the Governor's Office of Business and Economic Development. This bill, the California Tourism Recovery Act, would require the commission to, upon a determination by the State Department of Public Health that it is safe to resume travel in California, implement a strategic media and jobs recovery campaign known as the "Calling All Californians" program for the purpose of reversing the impact of the COVID-19 pandemic on the travel and tourism industry in California, as specified. The bill would require the commission to report to the Legislature, on or before January 1, 2024, regarding the cost of the program and the impact of the program on the tourism industry in California. The bill would require, only upon appropriation by the Legislature, the Controller to transfer $45,000,000 to the commission for the purpose of implementing the "Calling All Californians" program.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include in its regulation of those emissions the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund. Existing law continuously appropriates 25% of the annual proceeds of the fund to the High-Speed Rail Authority for certain components of a specified high-speed rail project. Existing law establishes the Salton Sea Restoration Fund and requires the fund to be administered by the Director of Fish and Wildlife. Existing law requires the moneys deposited in the fund to be expended, upon appropriation by the Legislature, for various purposes relating to the restoration of the Salton Sea. This bill would eliminate the continuous appropriation of 25% of the annual proceeds of Greenhouse Gas Reduction Fund to the High-Speed Rail Authority on June 30, 2022. The bill, beginning with the 2022–23 fiscal year, would annually transfer 25% of the annual proceeds of the Greenhouse Gas Reduction Fund to the Salton Sea Restoration Fund.

Existing law makes it a crime to possess for sale or purchase for purpose of sale, transport, sell, furnish, administer, give away, manufacture, compound, convert, produce, derive, process, or prepare various controlled substances, including, among others, fentanyl, peyote, and various other opiates and narcotics. This bill would require a person who is convicted of, or who pleads guilty or no contest to, the above crimes to receive a written advisory of the danger of manufacturing or distribution of controlled substances and that, if a person dies as a result of that action, the manufacturer or distributor can be charged with voluntary manslaughter or murder. The bill would require that the fact the advisory was given be on the record and recorded on the abstract of conviction.

Existing law requires the Legislature to provide for a continuing sound and healthy agriculture in California and to encourage a productive and profitable agriculture. Existing law requires that specified principles be major principles of the state's agricultural policy. This bill would make a nonsubstantive change to that provision.

Existing law provides that necessary force may be used to protect from wrongful injury the person or property of oneself, or of a spouse, child, parent, or other relative or member of one's family, or of a ward, servant, master, or guest. This bill would make nonsubstantive changes to that provision.

(1) Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. This bill would extend the protections of the Unruh Civil Rights Act to persons regardless of political belief or affiliation. The bill would specify that these provisions are declarative of existing law. (2) Existing law, the California Fair Employment and Housing Act (FEHA) , protects the right to seek, obtain, and hold employment without discrimination because of specified characteristics and prescribes various employment, labor, and apprenticeship practices, among other things, in this regard. Among the protected characteristics are race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, and military or veteran status. FEHA also makes unlawful various practices connected to obtaining and financing housing accommodations, among other things, if those practices discriminate based on specified characteristics. Existing law creates the Department of Fair Employment and Housing to administer and enforce these provisions. This bill would add political affiliation as a protected characteristic in connection with the above-described employment and housing provisions of the California Fair Employment and Housing Act. (3) Existing law prohibits an employer from coercing or influencing its employees to adopt or refrain from adopting any particular course or line of political action or activity. This bill would prohibit an employer from taking an adverse employment action against an employee or applicant for employment based on their political affiliation or lack of political affiliation or their membership or association with a political organization, as specified.

Under existing law, there is a Small Business Advocate who is appointed by the Governor to, among other things, serve as the principal advocate in the state on behalf of small businesses. This bill would make nonsubstantive changes in those provisions.

Existing law, the Mitigation Fee Act, authorizes a local agency to retain an independent auditor if requested to conduct an audit to determine whether a fee or charge is reasonable, provided, among other conditions, that the person who requests the audit deposits with the local agency the amount of the local agency's reasonable estimate of the cost of that audit, except as provided. This bill would require that the independent auditor be a certified public accountant, as defined, or a firm, as defined, of certified public accountants. The bill would prohibit the local agency from retaining an independent auditor that the local agency contracted with for any reason during the preceding 10 years, as provided. The bill would also prohibit an independent auditor that is retained by a local agency to conduct the audit from soliciting or accepting employment from the local agency for 5 years following the completion of the audit and all subsequent challenges related to the audit. By imposing additional duties on local officials, 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.

Existing law authorizes the Employment Development Department within the Labor and Workforce Development Agency to perform various functions and duties with respect to job creation and retention activities. Existing law requires the department to research the needs of veterans throughout the state and to develop a statewide plan for the equitable distribution of employment funds for veterans' employment services. This bill would require the department to post the statewide plan on its website.