Sen. Sabrina Cervantes

Existing law, the Political Reform Act of 1974, requires a person paid by a committee to post content supporting or opposing a candidate or ballot measure on an internet website, web application, or digital application to include a disclaimer stating that they were paid by the committee in connection with the post, except as specified. Existing law requires the committee to notify the person paid to post the content of this requirement. Existing law authorizes the Fair Political Practices Commission to seek injunctive relief to compel compliance with this disclaimer requirement. Existing law exempts a person who violates the disclaimer requirement from administrative, civil, and criminal penalties established by the act. This bill would remove the exemption for administrative, civil, and criminal penalties and instead provide that if the required disclaimer is not included, the person paid to post the content and the committee who paid them are jointly and severally liable for any administrative or civil penalties incurred for the violation. The bill would require the committee to inform the person that failure to include the disclaimer may result in penalties under the Political Reform Act of 1974. The bill would also require the committee to include a statement on their campaign report, as specified, that the payment was provided for a paid thirty party post. A violation of the Political Reform Act of 1974 is punishable as a misdemeanor. By creating a new crime under the act, the bill would establish 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. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.

The Equity in Higher Education Act establishes the policy of the state to afford all persons, regardless of specified characteristics, including gender, gender identity, gender expression, and sexual orientation, equal rights and opportunities in the postsecondary educational institutions of the state. The act requires the Trustees of the California State University and the governing board of a community colleges district, and requests the Regents of the University of California, to designate an employee at each of their respective campuses as a point of contact for the needs of lesbian, gay, bisexual, asexual, pansexual, transgender, gender-nonconforming, intersex, and two-spirit faculty, staff, and students. This bill would require the trustees and the governing board of a community college district, and would request the regents, to also designate an employee as a point of contact for the needs of the above-described faculty, staff, and students of a branch campus, satellite location, or site other than the main campus, as specified. The bill would define "branch campus," "satellite location," and "main campus" for this purpose. To the extent the bill would impose new duties on a community college district, 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 federal law establishes the militia of the United States, specifies who is eligible to be a part of the militia, divides the militia into the organized and unorganized militia, and defines the organized militia as the National Guard and the Naval Militia. Existing federal law authorizes the President of the United States to call units of the National Guard of any state into federal service if certain criteria are met. Existing federal law, the Emergency Management Assistance Compact, authorizes member states to provide for mutual assistance between the states in managing a disaster that is declared by the governor of the affected state. Existing law establishes within state government a Military Department that includes, among other things, the office of the Adjutant General, the California National Guard, and the State Guard. Under existing law, the militia of the state is comprised of the California National Guard, the State Guard, the Naval Militia, and the unorganized militia. Existing law makes the Governor, by virtue of holding their office, the commander in chief of the militia of the state. This bill would prohibit military personnel of another state, territory, or district from entering, or causing something to enter, the state to perform military duty or law enforcement functions for another state without the permission of the Governor, except as specified.

Existing 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 the federal Patient Protection and Affordable Care Act. Existing law requires the Exchange to enroll an individual in the lowest cost silver plan or another plan, as specified, upon receiving the individual's electronic account from an insurance affordability program. Existing law requires enrollment to occur before coverage through the insurance affordability program is terminated and prohibits the premium due date from being sooner than the last day of the first month of enrollment. This bill would, commencing July 1, 2027, additionally authorize the Exchange to enroll an individual in the plan in which other members of the individual's household are enrolled, as specified, or the lowest cost plan available to an Indian who is eligible for specified reduced cost sharing, as determined by the Exchange, and would require the Exchange to enroll an individual in any of the plans described above upon receipt of a complete application for an insurance affordability program submitted through the Statewide Automated Welfare System. The bill would require the Exchange to enroll the individual either before coverage through the insurance affordability program is terminated as described above or upon the receipt of a complete application for an insurance affordability program through the Statewide Automated Welfare System as described above. Existing law requires the Exchange to provide an individual who is enrolled in a plan described above with a notice that includes specified information, including a statement that services received during the first month of enrollment will only be covered by the plan if the premium is paid by the due date. This bill would require the Exchange to provide the notice described above prior to the individual's effective date of coverage, and to provide, instead of the statement described above, instructions on how to effectuate coverage in the selected plan, including by paying the premium on or before the due date, or, if there is no premium due, instructions on how to opt into the selected plan. 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 provide an annual enrollment period for individual health benefit plans offered through the Exchange from November 1 of the preceding calendar year to January 31 of the benefit year, inclusive. Existing law specifies that the effective date of coverage for individual health benefit plans offered outside and through the Exchange be no later than January 1 of the benefit year for plan selection made from November 1 to December 31 of the preceding calendar year, inclusive, and be no later than February 1 of the benefit year for plan selection made from January 1 to January 31 of the benefit year, inclusive. This bill would require a health care service plan or health insurer to provide the annual enrollment period and effective dates of coverage described above, except to the extent that those provisions are inconsistent with federal law, as specified. If inconsistent, the bill would require the plan or insurer to provide the annual enrollment period and effective dates of coverage required by federal law. 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.

Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including an exemption for the gross receipts from the sale of, and the storage, use, or other consumption in this state of, food products for human consumption, as specified. This bill would specify that "food products" includes infant formula. This bill would take effect immediately as a tax levy.

Existing law establishes the Department of Justice, and makes the department responsible, in part, for overseeing statewide criminal justice programs. Existing law requires the Department of Justice to provide technical assistance to local law enforcement agencies and tribal governments relating to, among other things, providing guidance for law enforcement education and training on policing and criminal investigations on Indian lands, providing guidance on improving crime reporting, crime statistics, criminal procedures, and investigative tools, and facilitating and supporting improved communication between local law enforcement agencies and tribal governments. This bill would establish a Missing and Murdered Indigenous Persons Justice Program within and under the discretion of the Department of Justice. The bill would impose specified responsibilities on the program, including facilitating collaboration and acting as a liaison between tribal victims' families, tribal governments, and federal, tribal, state, and out-of-state law enforcement agencies, where appropriate, regarding active and inactive cases involving missing and murdered indigenous persons in California, including cases involving human trafficking. The bill, beginning July 1, 2030, and until January 1, 2033, would require the program to submit an annual report to both houses of the Legislature containing, among other things, aggregated data on the number of, and facts about, cases involving missing and murdered indigenous persons in California.

The Donahoe Higher Education Act sets forth the missions and functions of the public institutions of higher education, including the University of California, administered by the Regents of the University of California, the California State University, administered by the Trustees of the California State University, and the California Community Colleges, administered by the Board of Governors of the California Community Colleges. The provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, make them applicable. This bill would prohibit the University of California, California State University, or California Community Colleges from disqualifying a student from being hired for an employment position due to the student's failure to provide proof of federal work authorization, except where that proof is required by federal law or where that proof is required as a condition of a grant that funds the particular employment position for which the student has applied. This bill would require the University of California, the California State University, and the California Community Colleges to treat a specified prohibition in federal law on hiring undocumented noncitizens as inapplicable because that provision does not apply to any branch of state government. The bill would further provide that, to the extent student employment is considered a "benefit" for purposes of federal law, the bill constitutes authorization to provide that benefit for purposes of specified federal law. This bill would require the University of California, the California State University, and the California Community Colleges to implement the bill by January 6, 2027. The bill's provisions would apply to the University of California, unless it is found inapplicable to the University of California and then only to the extent that the Regents of the University of California, by appropriate resolution, make them applicable. By imposing new duties on community college districts, 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 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, various election materials, including ballots, voter rosters, and related documents, must be maintained for a certain amount of time following an election. If an election contest or criminal prosecution has been commenced before the date voted ballots will be destroyed, the ballots may not be destroyed until after final determination of the contest or prosecution. This bill would expand that provision to prohibit the destruction of any document or record that must be preserved after an election and any certified voting technology or electronic data, as defined, used for the election until after final determination of any contest or criminal prosecution. Existing law requires, for an election for the office of the President, Vice president, United States Senator, and United States Representative, specified data to be kept by an elections official, on electronic media, stored and unaltered, for 22 months from the date of the election. For all state and local elections, existing law requires the electronic data to be kept on electronic media for 6 months from the date of the election. This bill would clarify the types of electronic media holding the specified data to include, but not be limited to, a hard drive, solid-state drive, flash drive, memory card, or other digital storage device. The bill would require the electronic media holding the data to be stored in a sealed container. Existing law makes it a crime to knowingly take a package containing ballots from the custody of an elections official. Existing law also authorizes the Secretary of State, Attorney General, and appropriate local elections officials to bring a civil action against a person, business, or entity that takes a package containing ballots from the custody of an elections official. This bill would apply the crime and the authorization to bring a civil action to taking any document, record, certified voting technology, or electronic data, as defined, or portions thereof including source code, or any other election-related material or equipment necessary to the conduct of an election, from the custody of the elections official. By expanding the scope of an existing crime, the 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. This bill would declare that it is to take effect immediately as an urgency statute.

(1) The Equity in Higher Education Act states the policy of the state to afford all persons, 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 postsecondary educational institutions of the state. For purposes of the act, existing law defines "gender" as sex, including a person's gender identity and gender-related appearance and behavior, whether or not stereotypically associated with the person's assigned sex at birth. This bill would explicitly add ancestry, national origin, medical condition, marital status, familial status, citizenship, and primary language to the list of specified characteristics for purposes of that policy. The bill would also expand the definition of "gender" for purposes of the act to include pregnancy or pregnancy-related conditions. (2) The Equity in Higher Education Act prohibits a postsecondary educational institution from requiring a graduate student to take a leave of absence, withdraw from the graduate program, or limit their graduate studies solely due to pregnancy or pregnancy-related issues. The act requires a postsecondary educational institution to reasonably accommodate pregnant graduate students, as specified, so that they may complete their graduate courses of study and research, including by allowing graduate students to take a leave of absence, as specified. This bill would, commencing September 1, 2027, prohibit a postsecondary educational institution from discriminating against a student or applicant based on the actual or potential familial status or marital status of the student or applicant, or based on the student's or applicant's pregnancy or pregnancy-related conditions, including by prohibiting the institution from requiring a student to take a leave of absence or withdraw from an educational or extracurricular program or activity, and prohibiting the institution from limiting the student's undergraduate or graduate program. The bill would require a postsecondary educational institution to provide reasonable accommodations to an institutional program for a student, including an undergraduate student, experiencing pregnancy or a pregnancy-related condition to ensure the student's equal access to the institution's educational programs and activities, as provided. This bill would, commencing September 1, 2027, require a postsecondary educational institution to designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under these provisions, as specified, and require certain employees, upon being directly informed by a student of the student's pregnancy or pregnancy-related condition, to inform the student of their right to receive reasonable accommodations to maintain access to the educational program and provide the student with the contact information for the designated employee or employees. (3) The Equity in Higher Education Act allows a graduate student who is pregnant or has recently given birth to take a leave of absence for a period consistent with the policies of the postsecondary educational institution, or a period of 12 months, whichever is longer, and have an extension of at least 12 months toward normative time to degree while in candidacy for a graduate degree, unless a longer extension is medically necessary, as specified. The act also allows a graduate student who is not the birth parent to take a leave of absence for a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever is longer, and have an extension of at least one month toward normative time to degree while in candidacy for a graduate degree, unless a longer extension is medically necessary to care for the student's partner or child, as specified. This bill would, commencing September 1, 2027, also allow any undergraduate student who is pregnant or has recently given birth or who is not the birth parent to take the above-described leave of absence and have an extension toward normative time to degree or certificate, as specified. (4) The Equity in Higher Education Act requires a postsecondary educational institution to have a written policy for graduate students on pregnancy discrimination and procedures for addressing pregnancy discrimination complaints, as specified. Existing law requires a copy of the policy to be made available to all graduate students attending orientation sessions at a postsecondary educational institution. Existing law requires a public postsecondary institution to post on the institution's internet website, and to provide through on-campus medical centers, notice of protections provided under Title IX, as specified. This bill would, commencing September 1, 2027, require a postsecondary educational institution to revise that policy to include undergraduate students, and require a copy of the revised policy to be made available to all students attending orientation sessions. The bill would also require a postsecondary educational institution to post on the institution's internet website, and provide through on-campus medical centers, notice of the protections provided by these provisions. This bill would require the Board of Governors of the California Community Colleges, on or before July 1, 2027, to adopt regulations for a systemwide policy that include the requirements of these provisions and best practices for implementing those requirements. The bill would require the governing board of each community college district, on or before September 1, 2027, to adopt those regulations, as provided. (5) By imposing additional duties on community college districts, 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.