Existing federal law, the Patient Protection and Affordable Care Act (PPACA) , requires each state to establish an American Health Benefit Exchange to facilitate the purchase of qualified health benefit plans by qualified individuals and qualified small employers. Existing state law creates the California Health Benefit Exchange (Exchange) , also known as Covered California, to facilitate the enrollment of qualified individuals and qualified small employers in qualified health plans as required under PPACA. Existing law requires the Exchange, beginning no later than September 1, 2023, and at least monthly thereafter, to request from the Employment Development Department (EDD) specified information of each new applicant for unemployment compensation, state disability, and paid family leave. Existing law requires the EDD to provide that information in a manner prescribed by the Exchange. Existing law requires the Exchange to market and publicize the availability of health care coverage through the Exchange, and engage in outreach activities, to the individuals whose contact information is received by the Exchange from the EDD, as specified. Existing law prohibits the Exchange from disclosing the personal information obtained from the EDD without the consent of the applicant. This bill would prohibit the disclosure of information by the Exchange to a certified insurance agent, a certified employment counselor, or any other entity without the consent of the applicant, except as provided. The bill would authorize the Exchange to disclose information obtained from the EDD to outreach and marketing vendors under contract to the Exchange. The bill would require outreach and marketing conducted pursuant to these provisions to include, in a conspicuous and easy to access manner, the ability for individuals to decline all future outreach and marketing. The bill would require the Exchange to only request from the EDD, use, or disclose the minimum amount of information necessary to accomplish the purposes for which it was obtained. The bill would require a person or entity that receives information from the Exchange pursuant to these provisions to take all necessary measures to safeguard the confidentiality of any information obtained from the Exchange and would prohibit a person or entity from using or disclosing that information for any purpose other than to market and publicize the availability of health care coverage through the Exchange to individuals, as directed by the Exchange. The bill would require a person or entity to only request from the Exchange, use, or disclose the minimum amount of information necessary to accomplish the purposes for which it was received. The bill would require information received by the Exchange from the EDD to be destroyed in a manner that maintains confidentiality. The bill would require the Exchange to ensure that information disclosed to outreach and marketing vendors or any other entity pursuant to these provisions (1) complies with applicable privacy and information security-related requirements arising under both federal and state law and (2) be destroyed in a manner that maintains confidentiality. The bill also would make conforming changes to a related provision.
Sponsored bills
Existing law establishes the Structural Pest Control Board within the Department of Consumer Affairs, requires the board to license and regulate structural pest control operators, as specified, and authorizes the board to appoint a registrar to be the executive officer and secretary of the board. Existing law repeals those provisions on January 1, 2024, at which time the board is subject to review by the appropriate policy committees of the Legislature. Existing law makes a violation of provisions regulating structural pest control operators a misdemeanor. This bill would extend the operation of the board and the authority to appoint a registrar to January 1, 2028. Because this bill would expand the application of an existing crime by extending the above-described misdemeanor, this bill would create 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, as added by the Substance Abuse and Crime Prevention Act of 2000, adopted by voters as Proposition 36 at the November 7, 2000, statewide general election, requires that persons convicted of certain nonviolent drug possession offenses be granted probation and participate in and complete an appropriate drug treatment program as a condition of that probation. After completion of drug treatment and the terms of probation, the act requires the court to conduct a hearing, set aside the conviction, and dismiss the complaint if the court finds, among other requirements, that the defendant successfully completed drug treatment. For purposes of the act, a defendant has successfully completed treatment if they have completed the prescribed course of drug treatment and, as a result, there is reasonable cause to believe that they will not abuse controlled substances in the future. The act allows its amendment by a statute passed by 2/3 of both houses of the Legislature and requires that all amendments further the act and be consistent with its purposes. This bill would amend the act by removing the requirement that there be reasonable cause to believe that the defendant will not abuse controlled substances in the future in order to be considered as having successfully completed treatment. Existing law requires the court, when granting probation after conviction of any controlled substance offense, as specified, to order as a condition of probation that the defendant secure education or treatment from a local community agency designated by the court. Existing law requires a juvenile court to order a minor, found to have been in possession of any controlled substance, to receive education or treatment from a local community agency, as specified, and to order the minor's parents or guardian to participate in the education or treatment if beneficial to the minor. Existing law provides that a defendant's willful failure to complete a court-ordered education or treatment program shall be a circumstance in aggravation for purposes of sentencing in any subsequent prosecution for specified controlled substance violations. This bill would allow the court to order the defendant to complete a controlled substance education or treatment program, as specified, if available and as appropriate for the individual. The bill would require the court to determine the defendant's ability to pay for the program and would authorize the court to develop a sliding fee schedule based on the person's inability to pay, including making a person who is granted specified relief from court fees and costs not responsible for any costs. The bill would strike the requirement that a juvenile court order a minor and their parents or guardians to receive education or treatment. The bill would require the court or probation department to refer defendants to controlled substance education or treatment programs that adhere to specified standards. The bill would require the county drug program administrator, with input from representatives of the court, the county probation department, and substance use treatment providers, to design and implement an approval and renewal process for controlled substance education and treatment programs. The bill would require the court, when a defendant is convicted of a controlled substance offense resulting in imprisonment, to recommend that the defendant attend a controlled substance education or treatment program while imprisoned. By imposing additional duties on local entities, the bill would impose a state-mandated local program. Existing law requires every county drug program administrator, in consultation with representatives of the court and the county probation department, to establish minimum requirements, criteria, and fees for the successful completion of drug diversion programs, including a minimum of 20 hours of education, counseling, or any combination of both for each divertee. This bill would require that the 20 hours or more of education or counseling include education about, among other things, how the use of controlled substances affects the body and the dangers of using controlled substances, as specified. 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. This bill would incorporate additional changes to Section 11373 of the Health and Safety Code proposed by AB 890 to be operative only if this bill and AB 890 are enacted and this bill is enacted last.
(1) Existing law, the Electronic and Appliance Repair Dealer Registration Law, establishes the Bureau of Household Goods and Services, under the direction of a chief who is responsible to the Director of Consumer Affairs, and provides for the licensure and regulation of, among others, electronic and appliance repair dealers and service contractors by the bureau. A violation of its provisions is a crime. Existing law repeals those provisions relating to service contractors on January 1, 2024. This bill would extend operation of those provisions relating to service contractors until January 1, 2028. Because a violation of those provisions is a crime, the bill would impose a state-mandated local program. Existing law prohibits acting as a service dealer without obtaining registration under the law and defines "service dealer" for this purpose to include, among other things, a person who for compensation repairs, services, or maintains an electronic set or major appliance. Existing law defines various terms for purposes of the law, including, among other things, "electronic set," "appliance," and "video game." This bill would amend the definition of "electronic set" to additionally include a cellular device or any other device that depends for its functioning on digital electronics, as specified. The bill would expand the definition of "appliance" to mean any device primarily used for residential purposes, including an ice maker, dehumidifier, and portable residential furnace. The bill would amend the definition of "video game" to remove the requirement that it has its own cathode ray tube, television set, or monitor. By expanding the definition of "service dealer" for purposes of the law, the violation of which is a crime, this bill would impose a state-mandated local program. Existing law requires the director, on their own initiative, to conduct spot check investigations of service dealers of specified electronics and appliances throughout the state on a continuous basis. This bill would require the director to conduct spot check investigations, as described above, no less than twice per year. Existing law requires the director to distribute to each registered service dealer and each registered service contractor copies of these provisions and of the regulations adopted under these provisions. This bill would authorize the director to, alternatively, make those provisions and regulations available on its internet website. Under existing law, registration under the Electronic and Appliance Repair Dealer Registration Law expires no more than 12 months after the issue date. Existing law provides for the renewal of both unexpired and expired registrations, as specified. This bill would authorize the bureau to impose conditions on the renewal of an expired registration of a service contractor. The bill would cancel a registration of a service contractor that has not been renewed within 6 years of its issuance and would authorize a holder of a canceled registration to submit a new application for reissuance or reinstatement of the registration if specified requirements are met. (2) Existing law, the Home Furnishings and Thermal Insulation Act, prohibits any person from engaging in business regulated by the act unless they hold a valid, unexpired license, as specified. Existing law defines "person" for this purpose. This bill would expand the definition of "person" to include a limited liability company and would make conforming changes. Existing law imposes various labeling requirements, including requiring a manufacturer of a covered product to indicate whether or not the product contains added flame retardant chemicals by including a flame retardant chemical statement on the label, as specified. Existing law requires the manufacturer to retain documentation to show whether flame retardant chemicals were added to a product sold in California and to provide documentation upon request of the bureau establishing the accuracy of the flame retardant chemical statement on the label. Existing law imposes fines for a violation of those documentation requirements. This bill would delete the above-described documentation requirements and would make conforming changes. (3) Existing law, the Household Movers Act, provides for the licensure and regulation of household movers, including corporations and persons, as defined, by the Division of Household Movers established within the bureau. This bill would add to the definition of "corporation" a limited liability company and would make conforming changes. Existing law requires the bureau to issue a permit only to those applicants who it finds have demonstrated that they possess sufficient knowledge, ability, integrity, and financial resources and responsibility to perform the service within the scope of their application. This bill would delete that requirement. (4) Existing law subjects the powers and duties of the bureau to review by the appropriate policy committees of the Legislature and requires this review to be performed as if the laws administered by the bureau were scheduled to be repealed on January 1, 2024. This bill would instead require this review to be performed as if those laws were scheduled to be repealed on January 1, 2028. (5) Existing law, the Electronic and Appliance Repair Dealer Registration Law, establishes the Electronic and Appliance Repair Fund, and requires all fees collected pursuant to that law to be deposited in the fund and used for the administration of the bureau and the administration of that law. Existing law, the Home Furnishings and Thermal Insulation Act, establishes the Home Furnishings and Thermal Insulation Fund to be expended for the purposes of the bureau in carrying out the act. Existing law requires all fees collected under the act to be credited to the fund. Existing law, the Household Movers Act, establishes the Household Movers Fund to be used by the bureau for the administration of the act and requires all moneys collected pursuant to the act to be deposited into the fund. This bill would establish the Household Goods and Services Fund within the Professions and Vocations Fund to be administered by the bureau for the purposes of administering the Electronic and Appliance Repair Dealer Registration Law, the Home Furnishings and Thermal Insulation Act, and the Household Movers Act. The bill would require all moneys collected pursuant to those laws to instead be deposited in the Household Goods and Services Fund and would require all moneys in the above-described funds to be transferred to the Household Goods and Services Fund by July 1, 2026. The bill would abolish the Electronic and Appliance Repair Fund, the Home Furnishings and Thermal Insulation Fund, and the Household Movers Fund on July 1, 2026. (6) 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 allocates additional judgeships to various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council. This bill would authorize 26 additional judgeships, subject to appropriation. This bill would require the Judicial Council to determine the allocation of those positions, pursuant to that uniform criteria.
Existing federal law, the National Suicide Hotline Designation Act of 2020, designates the 3-digit telephone number "988" as the universal number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system operating through the 988 Suicide and Crisis Lifeline, maintained by the Assistant Secretary for Mental Health and Substance Use, and the Veterans Crisis Line, which is maintained by the Secretary of Veterans Affairs. Existing law creates a separate surcharge, beginning January 1, 2023, on each access line for each month, or part thereof, for which a service user subscribes with a service supplier. Existing law sets the 988 surcharge for the 2023 and 2024 calendar years at $0.08 per access line per month and beginning January 1, 2025, at an amount based on a specified formula not to exceed $0.30 per access line per month. Existing law authorizes the 911 and 988 surcharges to be combined into a single-line item, as described. Existing law provides for specified costs to be paid by the fees prior to distribution to the Office of Emergency Services. Existing law, the Miles Hall Lifeline and Suicide Prevention Act, creates the 988 State Suicide and Behavioral Health Crisis Services Fund and requires the fees to be deposited along with other specified moneys into the fund. Existing law provides that, upon appropriation by the Legislature, the funds be used for specified purposes and in accordance with specified priorities. Existing law requires the Office of Emergency Services to require an entity seeking moneys available through the fund to annually file an expenditure and outcomes report containing specified information, including, among other things, the number of individuals served and the outcomes for individuals served, if known. This bill would require an entity seeking moneys from the fund to also include the number of individuals who used the service and self-identified as veterans or active military personnel in its annual expenditure and outcomes report.
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.
Existing law requires the State Department of Public Health, subject to an appropriation in the Budget Act of 2016, to award funding to local health departments, local governmental agencies, or on a competitive basis to other organizations, as specified, to support or establish programs that provide naloxone or another opioid antagonist to first responders and at-risk opioid users through programs that serve at-risk drug users. Existing law exempts from civil liability a person who, in good faith and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency other than an act or omission constituting gross negligence or willful or wanton misconduct, as provided. This bill would require each stadium, concert venue, and amusement park to maintain unexpired doses of naloxone hydrochloride or any other opioid antagonist on its premises at all times, and to ensure that at least 2 employees are aware of the location of the naloxone hydrochloride or other opioid antagonist. The bill would exempt from civil or criminal liability a person who, in good faith, administers naloxone hydrochloride or another opioid antagonist by nasal spray or auto-injector on the premises of a stadium, concert venue, or amusement park, other than an act or omission constituting gross negligence or willful or wanton misconduct, except as specified. The bill would exempt from civil or criminal liability a stadium, concert venue, or amusement park, or its employees, or an entity that owns, occupies, or operates a stadium, concert venue, or amusement park, or its employees, for the administration of naloxone hydrochloride or another opioid antagonist, or the failure to administer naloxone hydrochloride or another opioid antagonist, on the premises of the stadium, concert venue, or amusement park, as provided.
Existing law requires the State Department of Social Services to allocate federal funds appropriated for refugee social services programs to each eligible county, and authorizes the department, to the extent permitted by federal law, to contract with or award grants to a qualified nonprofit organization for the purpose of administering refugee social services within a county. This bill would require each county human services agency to post a single page on its internet website with a list of resources available for refugees that includes, among other things, public transportation, financial literacy information, and affordable housing and rental assistance programs. By imposing new duties on counties, the bill would impose a state-mandated local program. The bill would also require the department to post a single page on its internet website with a list of available state resources available for refugees and a link to the internet website of each county human assistance agency. 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 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.