(1) Under existing law, the registration of a voter is permanent for all purposes during their life, unless and until the affidavit of registration is canceled for specified causes by the Secretary of State or the county elections official. Existing law requires the county elections official to cancel the registration of a voter for causes that include, among others, legally established mental incompetency. Under the Trial Jury Selection and Management Act, all persons are eligible and qualified to be prospective trial jurors, unless specified circumstances exist, that include, among others, the person is the subject of conservatorship. The act authorizes the jury commissioner to require a person to complete a questionnaire related to juror identification, qualification, and ability to serve as a prospective juror. This bill would require the jury commissioner, every 6 months, to share with the county elections official for the same county the information that a potential juror provides about their qualification to be a juror and would further require a county elections official to use that information to cancel the registration of a person who is ineligible to vote. By expanding the duties of county elections officials, this bill would impose a state-mandated local program. The bill would require the information shared pursuant to these provisions to retain all confidentiality from public disclosure provided under any other law. (2) 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.
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Existing law, the California Emergency Services Act, authorizes the Governor to proclaim a state of emergency, and local governments to proclaim a local emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist, and authorizes the Governor or the local government to exercise certain powers in response to that emergency. Existing law grants immunity to the state and its political subdivisions for any claim based upon the exercise or performance, or the failure to exercise or perform, a discretionary function or duty on the part of a state or local agency or any employee of the state or its political subdivisions in carrying out the California Emergency Services Act. Existing law establishes the State Department of Public Health, headed by the State Public Health Officer, and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable disease. Existing law authorizes the department to adopt and enforce regulations requiring strict or modified isolation, or quarantine, for any of the contagious, infectious, or communicable diseases, if in the opinion of the department the action is necessary for the protection of the public health. On March 4, 2020, the Governor proclaimed a state of emergency in response to the 2019 novel coronavirus disease (COVID-19) pandemic. Pursuant to specified provisions relating to the prevention and control, the State Public Health Officer ordered all individuals living in the state to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors, as outlined in the United States Cybersecurity and Infrastructure Security Agency's guidance on the essential critical infrastructure workforce. Pursuant to authority under specified provisions of the California Emergency Services Act, the Governor issued Executive Order No. N-33-20 requiring all residents to immediately heed those state public health directives. This bill, the Religion is Essential Act, would, during a state of emergency or local emergency, require the Governor or the local government to deem religious services to be an essential service and to be necessary and vital to the health and welfare of the public. The bill would prohibit the state and local government from taking a discriminatory action against a religious organization, as those terms are defined, and would require the state and local government to permit a religious organization to continue operating and engaging in religious services during a state of emergency to the same or greater extent that other organizations or businesses that provide essential services that are necessary and vital to the health and welfare of the public are permitted to operate. The bill would prohibit the state and local government from enforcing any health, safety, or occupancy requirement that imposes a substantial burden on a religious service unless the state or local government demonstrates that applying the burden to the religious service is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest. This bill would authorize a religious organization to assert a violation of these provisions as a claim against the state or a local government in a judicial or administrative proceeding or as a defense in a judicial or administrative proceeding, as specified. The bill would entitle a religious organization that successfully asserts a claim or defense to certain relief, as specified. The bill would make related findings and declarations. By imposing additional duties on a local government in the exercise of emergency powers, 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, 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 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 impose that additional term upon, and authorize a fine against, a defendant who violates those laws with respect to a substance containing fentanyl. By imposing additional incarceration costs on local agencies, 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 states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state. Existing law prohibits discrimination on the basis of those specific characteristics in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state student financial aid. Existing law requires the State Department of Education to assess whether local educational agencies have taken certain actions related to educational equity, including adopting a policy that prohibits, and adopting a process for receiving and investigating complaints of, discrimination, harassment, intimidation, and bullying based on those actual or perceived specified characteristics. This bill would include political affiliation for purposes of those provisions. To the extent the bill would impose additional duties on local educational agencies relating to the adoption of policies and the investigation of complaints described above, 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.
Existing law, the California Emergency Services Act (CESA) , among other things, authorizes the Governor to proclaim a state of emergency in an area affected or likely to be affected thereby if (1) the Governor finds that certain conditions exist and (2) the Governor either is requested to do so by specified local officials or finds that local authority is inadequate to cope with the emergency. Upon the proclamation of a state of emergency, the CESA authorizes the Governor to exercise various, specified powers, including the power to promulgate, issue, and enforce orders and regulations that the Governor deems necessary. The CESA also authorizes the governing body of any city, county, or city and county, or an official designated by ordinance adopted by that governing body, to proclaim a local emergency, as provided. During a local emergency, the CESA authorizes the governing body of a political subdivision, or officials designated by the governing body, to promulgate orders and regulations necessary to provide for the protection of life and property, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety. This bill would enact the Emergency Power Limitation Act. The bill would require an emergency order, as defined, to be narrowly tailored to serve a compelling public health or safety purpose and limited in duration, applicability, and scope. The bill would authorize any person to bring an action to invalidate or enjoin enforcement of an emergency order that is allegedly unlawful. The bill would prohibit a state agency from issuing an emergency order that infringes on an express constitutional right, as defined, in a nontrivial manner, and would require that an emergency order issued by the Governor that infringes on an express constitutional right expire within specified time periods. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing law provides for a portion of gasoline and diesel excise tax revenues in the Highway Users Tax Account to be distributed by formula by the Controller to cities based on their population and to counties based on their number of registered vehicles and maintained miles of county roads. Existing law requires various funds, including a portion of gasoline and diesel excise tax revenues and revenues from certain vehicle fees, to be deposited in the Road Maintenance and Rehabilitation Account. Existing law, after certain allocations from the Road Maintenance and Rehabilitation Account are made, requires 50% of the remaining funds in the account to be annually apportioned to cities and counties by the Controller pursuant to a specified formula, which, for counties, includes the number of registered vehicles and maintained miles of county roads. Existing law requires the funds distributed to local governments from these accounts to be used for certain transportation purposes. Existing law requires each county to annually submit to the Department of Transportation any additions or exclusions from its mileage of maintained county highways. Existing law requires the department to certify county mileage figures to the Controller. Existing law, the Community Services District Law, authorizes the formation of community services districts for various specified purposes including acquiring, constructing, improving, and maintaining streets, roads, and any incidental works. Existing law grants a district that acquires, constructs, improves, and maintains streets, roads, and any incidental works the powers, duties, and authority of a county for those works. This bill would require a county that forms a community services district to maintain public roads within the district to report the mileage of the roads maintained by the district to the Department of Transportation as maintained county highways. The bill would require the Controller to deem those roads reported by a county, and certified by the department, to be maintained county roads for purposes of apportioning funds from the Highway Users Tax Account and the Road Maintenance and Rehabilitation Account.
Existing law, the Sex Offender Registration Act, requires a person convicted of one of certain crimes, as specified, to register with law enforcement as a sex offender while residing in California or while attending school or working in California, as specified. Existing law exempts from mandatory registration under the act a person convicted of certain offenses involving minors if the person is not more than 10 years older than the minor and if that offense is the only one requiring the person to register. A willful failure to register, as required by the act, is a misdemeanor or felony, depending on the underlying offense. This bill would make that exemption only apply if the person is not more than 3 years older than the minor. The bill would additionally subject a person convicted of statutory rape to mandatory registration, if the person is more than 3 years older than the minor. By expanding the scope of a crime, 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.
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs and provides for the denial, suspension, and revocation of licenses for specified conduct. Existing law provides for the regulation of healing arts by various boards. Existing law authorizes boards to impose fines or penalties, as provided. Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. The act provides the grounds upon which the department may suspend or revoke licenses and impose fines and penalties, as provided. This bill would prohibit the Department of Consumer Affairs, a board within the Department of Consumer Affairs that does not regulate healing arts licensees, and the Department of Alcoholic Beverage Control from revoking a license or imposing a fine or penalty for failure to comply with any COVID-19 state of emergency orders or COVID-19 stay-at-home orders, unless the board or department can prove that lack of compliance resulted in transmission of COVID-19. The bill would specify that the provisions do not preclude issuance of fines, penalties, or revoking a license for any action that is not related to the issuance of any COVID-19 state of emergency orders or COVID-19 stay-at-home order. The provisions of the bill would remain in effect until either the COVID-19 state of emergency is terminated or all COVID-19 stay-at-home orders are no longer in effect, whichever occurs later, but in no case would the provisions remain in effect after January 1, 2024. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law makes a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services guilty of the crime of human trafficking and subject to imprisonment and a specified fine. This bill would establish the California Alliance to Combat Trafficking and Slavery (California ACTS) Task Force to collect and organize data on the nature and extent of trafficking of persons in California. The bill would require the task force to examine collaborative models between local and state governments and nongovernmental organizations for protecting victims of trafficking, among other, related duties. Under the bill, the task force would be comprised of specified state officials and specified individuals who have expertise in human trafficking or provide services to victims of human trafficking, as specified. The bill would require the task force to hold its first meeting no later than July 1, 2022, and would require the task force to meet at least 4 times. The bill would require the task force to report its findings and recommendations to the Office of Emergency Services, the Governor, the Attorney General, and the Legislature by July 1, 2025. The bill would repeal these provisions on January 1, 2026.
Existing law establishes the Employment Development Department within the Labor and Workforce Development Agency and sets forth its powers and duties, including administration of the unemployment and disability insurance programs for California. Existing law requires the department to pay unemployment compensation benefits to unemployed individuals meeting specified requirements, to periodically review policies and practices used to determine eligibility for and the amount of benefits in the unemployment insurance program, and to report to the Legislature, as specified. Under existing law, unemployment compensation benefits are paid from the Unemployment Fund, and the expenses for administering these provisions are paid from the Unemployment Administration Fund, which is continuously appropriated for these purposes. This bill would establish the Unemployment Insurance Reform Project to be administered by the Director of Employment Development. Under the bill, the Employment Development Department would be required to comply with various reporting and review processes. In this regard, the bill would require the department to report specified information regarding overpayments at least once every 6 months on its internet website, to immediately perform a risk assessment of its deferred workloads, and to develop a workload plan that prioritizes its deferred workloads based on that risk assessment. The bill would require the department to develop a recession plan so that it is well prepared to provide services during future economic downturns, as specified. The bill would require the department to, by March 1, 2021, revise its public dashboards with regard to the number of backlogged claims, as specified. This bill would require the department to convene a working group to assess the lessons learned from claim surges and identify the processes that the department can still improve and issue a report by January 1, 2022, as specified. The bill would require the department, by June 1, 2021, to determine the reasons that claimants cannot successfully complete their identity verification, as specified, and to identify the elements of the Benefit System Modernization that can assist the department in making timely payments. This bill would require the department to, by May 1, 2021, implement a formal policy that establishes a process for tracking and periodically analyzing the reasons why unemployment insurance claimants call for assistance and, by October 1, 2021, and every 6 months thereafter, to analyze this data to improve its call center. Because this bill would authorize the expenditure of funds from the Unemployment Administration Fund for new purposes, the bill would make an appropriation.