Sen. Richard Roth

The California Constitution declares that defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy are inalienable rights, and that a person may not be deprived of life, liberty, or property without due process of law or equal protection of the laws. Existing law, the Reproductive Privacy Act, declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions and prohibits the state from denying or interfering with a person's right to choose or obtain an abortion before viability of the fetus, or when the abortion is necessary to protect the life or health of the person. This measure would amend the California Constitution to prohibit the state from denying or interfering with an individual's reproductive freedom in their most intimate decisions, which includes their fundamental right to choose to have an abortion and their fundamental right to choose or refuse contraceptives.

Existing law establishes the University of California, under the administration of the Regents of the University of California, as one of the segments of public postsecondary education in this state. The University of California provides instruction and performs research at the 10 campuses it operates and maintains in Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz. This bill would authorize the Regents of the University of California to expend money, upon appropriation by the Legislature for this purpose, to secure an acute care teaching hospital in the County of Riverside through acquisition, construction, rehabilitation, lease, management, or operating agreement to serve as an academic medical center for the purpose of training University of California, Riverside, School of Medicine medical students, medical residents, and medical fellows.

Existing law, referred to as the Medical Injury Compensation Reform Act of 1975 (MICRA) , prohibits an attorney from contracting for or collecting a contingency fee for representing any person seeking damages in connection with an action for injury or damage against a health care provider based upon alleged professional negligence in excess of specified limits. This bill would recast those provisions and base the amount of contingency fee that may be contracted for upon whether recovery is pursuant to settlement agreement and release of all claims executed before a civil complaint or demand for arbitration is filed, or pursuant to settlement, arbitration, or judgment after a civil complaint or demand for arbitration is filed, as specified. The bill would add and revise definitions for these purposes. Existing law provides that in any action against a health care provider based upon professional negligence, the injured plaintiff is entitled to recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damage. Existing law limits the amount of damages for noneconomic losses in an action for injury against a health care provider based on professional negligence to $250,000. This bill would remove the $250,000 limit on noneconomic damages and expand the recast provisions to include an action for injury against a health care institution, as defined. The bill would increase the applicable limitation based upon whether the action for injury involved wrongful death. The bill would specify that these limitations would increase by $40,000 each January 1st for 10 years and beginning on January 1, 2034, the applicable limitations on noneconomic damages for personal injury and for wrongful death would be adjusted for inflation on January 1st of each year by 2%. Existing law specifies that in any action for injury or damages against a provider of health care services, a superior court shall, at the request of either party, enter a judgment ordering that money damages or its equivalent for future damages of the judgment creditor be paid in whole or in part by periodic payments rather than by a lump-sum payment if the award equals or exceeds $50,000. This bill would increase the minimum amount of the judgment required to request periodic payments to $250,000. Existing law makes statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person involved in an accident and made to that person, or to the family of that person, inadmissible as evidence of an admission of liability in a civil action. This bill would specify that statements, writings, or benevolent gestures expressing sympathy, regret, a general sense of benevolence, or suggesting, reflecting, or accepting fault relating to the pain, suffering, or death of a person, or to an adverse patient safety event or unexpected health care outcome, as specified, shall be confidential, privileged, protected, not subject to subpoena, discovery, or disclosure, and shall not be used or admitted into evidence in any civil, administrative, regulatory, licensing, or disciplinary board, agency, or body action or proceeding, and shall not be used or admitted in relation to any sanction, penalty, or other liability, as evidence of an admission of liability or for any other purpose.

Existing law establishes the Department of Parks and Recreation and vests the department with the control of the state park system. Existing law authorizes the department to enter into agreements with an agency of the United States, a city, county, district, or other public agency or any combination thereof, for the care, maintenance, administration, and control by a party to the agreement of lands under the jurisdiction of a party to the agreement, for the purpose of the state park system. This bill would authorize the department to enter into an agreement with a nonprofit or for-profit entity for the construction, improvement, restoration, care, maintenance, and control of facilities at the California Citrus State Historic Park.

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.

Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program (Cal Grant Program) , establishes the Cal Grant A and B Entitlement Awards, the California Community College Transfer Entitlement Awards, the Competitive Cal Grant A and B Awards, the Cal Grant C Awards, and the Cal Grant T Awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. This bill would make a nonsubstantive change to the provision that establishes the Cal Grant Program.

Existing law, known commonly as the Property Assessed Clean Energy (PACE) program, authorizes a public agency, by making specified findings, to authorize public agency officials and property owners to enter into voluntary contractual assessments to finance the installation of distributed generation renewable energy sources or energy or water efficiency improvements that are permanently fixed to real property. Existing law, the California Financing Law (CFL) , provides for the licensing and regulation of PACE program administrators by the Commissioner of Financial Protection and Innovation and prohibits a person from engaging in the business of a PACE solicitor unless that person is enrolled with a program administrator, as specified. The CFL authorizes the commissioner to bring certain actions against a PACE solicitor or a PACE solicitor agent if the commissioner has cause to believe that the PACE solicitor or the PACE solicitor agent is violating the CFL, as specified. This bill would additionally authorize the commissioner to, after appropriate notice and opportunity for a hearing, as specified, order a PACE solicitor, PACE solicitor agent, or both to pay ancillary relief, including damages and restitution, to a person injured by the conduct or practice of that solicitor or solicitor agent.