Sen. Sabrina Cervantes

(1) Existing law prohibits a person subject to a protective order, as defined, from owning, possessing, purchasing, or receiving a firearm or ammunition while that protective order is in effect. Existing law makes a violation of that prohibition with regard to purchasing or receiving a firearm or ammunition punishable by imprisonment in the county jail for up to one year, by imprisonment in the state prison for 16 months or 2 or 3 years, or by a fine not exceeding $1,000, or by both that imprisonment and fine. Existing law makes a violation of that prohibition with regard to owning or possessing a firearm or ammunition punishable by imprisonment in the county jail for up to one year, or by a fine not exceeding $1,000, or by both that imprisonment and fine. After notice and hearing, this bill would, for protective orders, as specified, issued on or after July 1, 2024, prohibit a person subject to the protective order from owning, possessing, purchasing, or receiving a firearm or ammunition within 3 years after the expiration of the order and make a violation of these provision a crime. The bill would require a court, if they find that the person willfully violated that prohibition within 3 years after the expiration of the order, to impose the maximum fine allowed under existing law. (2) Existing law allows a search warrant to be issued upon various grounds, including when the property or things to be seized include a firearm, if the prohibited firearm is possessed, owned, in the custody of, or controlled by a person against whom a specified protective order has been issued, and the person is served with the order and fails to relinquish the firearm as required by law. This bill would expand the grounds for the search warrant to include a person who is subject to any civil or criminal protective order that includes a prohibition on owning, possessing, or having custody or control of a firearm. (3) Existing law requires the Judicial Council to provide notice on all protective orders issued within the state and requires a restraining order requiring a person to relinquish a firearm or ammunition to state on its face that the respondent is prohibited from owning, possessing, purchasing, or receiving a firearm or ammunition while the protective order is in effect. This bill would require the Judicial Council to also include a statement in the notice that the firearm and ammunition prohibition extends for 3 years after the expiration of the protective order that is issued on or after July 1, 2024. The bill would require a restraining order to include a similar statement. By creating new crimes, 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 establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law provides that abortion is a covered benefit under Medi-Cal. Existing regulation authorizes reimbursement for specified medications used to terminate a pregnancy through the 70th day from the first day of the recipient's last menstrual period. This bill would require the department, by March 1, 2024, to review and update Medi-Cal coverage policies for medication abortion to align with current evidence-based clinical guidelines. After the initial review, the bill would require the department to update its Medi-Cal coverage policies for medication abortion as needed to align with evidence-based clinical guidelines. The bill would require the department to allow flexibility for providers to exercise their clinical judgment when services are performed in a manner that aligns with one or more evidence-based clinical guidelines.

(1) Existing law authorizes the Employment Development Department to administer the disability insurance compensation program, which includes family temporary disability insurance benefits or paid family leave. Existing law requires the department to develop a certification form for an employee taking leave to bond with a minor child within the first year of the child's birth or placement in connection with foster care or adoption. Commencing February 1, 2025, this bill would instead require the department to develop a certification form for an employee taking leave to bond with a minor child within one year of the child's birth, placement of the child in connection with foster care or adoption, or an individual's assumption of responsibilities for the child in loco parentis. (2) Under existing law, the family temporary disability insurance program provides up to 8 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, domestic partner, grandparent, grandchild, sibling, or parent-in-law, to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption, or who take time off to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individual's spouse, domestic partner, child, or parent in the Armed Forces of the United States. Existing law defines certain terms for these purposes. Existing law provides that a worker is not eligible for those benefits in specified circumstances, including, among others, if another family member is ready, willing, and able and available for the same period of time in a day that the individual is providing care or participating in the above-described qualifying exigency, as specified. Existing law authorizes an employer to require a worker to take up to 2 weeks of earned but unused vacation leave before receiving benefits under the program. Commencing February 1, 2025, this bill would expand the program to provide benefits to workers who take time off work to bond with a minor child within one year of assuming responsibilities of a child in loco parentis, as defined. For periods of disability commencing on or after February 1, 2025, the bill would prohibit the application of the above-described eligibility restriction relating to another family member being ready, willing, and able and available for the same period of time. For periods of disability commencing on or after February 1, 2025, the bill would prohibit the application of the authorization for an employer to require a worker to take vacation leave before receiving benefits. The bill would make conforming changes. (3) Under existing law, workers are required to pay contributions to the Unemployment Compensation Disability Fund, a special fund in the State Treasury, and those funds are continuously appropriated for the purpose of providing disability benefits and making payment of administrative expenses. By authorizing expenditure of these funds for a new purpose, this bill would make an appropriation. (4) This bill would incorporate additional changes to Section 2708 of the Unemployment Insurance Code proposed by SB 667 to be operative only if this bill and SB 667 are enacted and this bill is enacted last. (5) This bill would incorporate additional substantive changes to Sections 3301, 3302, and 3303 of the Unemployment Insurance Code proposed by AB 518 to be operative only if this bill and AB 518 are enacted and this bill is enacted last.

The Personal Income Tax Law, in modified conformity with federal income tax law, generally defines "gross income" as income from whatever source derived, except as specifically excluded, including an exclusion for the amount of student loan indebtedness repaid or canceled pursuant to a specified federal law. This bill would exclude from an individual's gross income, for taxable years beginning on or after January 1, 2021, and before January 1, 2026, the amount of certain student loans discharged, in whole or in part, after December 31, 2020, and before January 1, 2026, in conformity with federal law. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure. This bill would make findings and declarations related to a gift of public funds.

Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, including comprehensive perinatal services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing law, a pregnant individual or targeted low-income child who is eligible for, and is receiving, health care coverage under any of specified Medi-Cal programs is eligible for full-scope Medi-Cal benefits for the duration of the pregnancy and for a period of one year following the last day of the individual's pregnancy. This bill, during the one-year postpregnancy eligibility period, and as part of comprehensive perinatal services under Medi-Cal, would require the department to cover additional comprehensive perinatal assessments and individualized care plans and to provide additional visits and units of services in an amount, duration, and scope that are at least proportional to those available on July 27, 2021, during pregnancy and the initial 60-day postpregnancy period in effect on that date. The bill would require the department, in coordination with the State Department of Public Health, to consider input from certain stakeholders, as specified, in determining the specific number of additional comprehensive perinatal assessments, individualized care plans, visits, and units of services to be covered. The bill would require the department to cover comprehensive perinatal services that are rendered by a nonlicensed perinatal health worker in a beneficiary's home or other community setting away from a medical site, as specified. The bill would also require the department to allow a nonlicensed perinatal health worker rendering those services to be supervised by a community-based organization (CBO) or a local health jurisdiction (LHJ) . For these purposes, the bill would require a CBO or LHJ supervising a nonlicensed perinatal health worker to provide those services under contract with a Comprehensive Perinatal Services Program provider. The bill would condition implementation of the provisions above on receipt of any necessary federal approvals and the availability of federal financial participation. The bill would authorize the department to implement these provisions by all-county letters or similar instructions until regulations are adopted.

Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which each county provides cash assistance and other benefits to qualified low-income families. Under existing law, certain types of payments received by recipients of aid under the CalWORKs program, including income from a college work-study program, as specified, are exempt from consideration as income for purposes of determining eligibility and aid amount. This bill would, commencing January 1, 2025, or on the date that the State Department of Social Services notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this change, additionally exempt income up to 200% of the federal poverty level that is received by an apprentice or preapprentice for performing work as part of a specified apprenticeship program or preapprenticeship program from consideration as income for purposes of determining eligibility or calculating grant amounts under the CalWORKs program. The bill would require the State Department of Social Services to implement these provisions through an all-county letter or similar instruction until regulations are adopted. By expanding the scope of eligibility for CalWORKs, the bill would impose a state-mandated local program. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the above provisions. This bill would incorporate additional changes to Section 11157 of the Welfare and Institutions Code proposed by AB 274 to be operative only if this bill and AB 274 are enacted and this bill is enacted last. 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 establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the segments of public postsecondary education in the state. This bill would require the board of governors and the trustees, and request the regents, on or before July 1 each year, to publish a report on the diversity of the student body and the governing board of their respective segments, as specified, for purposes of determining how representative the governing board is of the student body. The bill would also require those reports to be submitted to the Legislature.

Existing law establishes the California State University, under the administration of the Board of Trustees of the California State University, as one of the 3 segments of public postsecondary education in California. Existing law requires the trustees to provide by rule for the government of their appointees and employees. Existing law requires the trustees to grant a leave of absence without pay for the purposes of the pregnancy, childbirth, or recovery of a female employee, for a period as determined by the employee not exceeding one year to any permanent employee, as provided. This bill would require the trustees to grant to an employee, in each one-year period commencing on the date leave is first taken, one leave of absence with pay for one semester of an academic year, or equivalent duration, following the birth of a child of the employee or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, subject to specified requirements.

Existing law requires the State Department of Public Health to develop and maintain a statewide comprehensive community-based perinatal services program. Existing law also requires the department to enter into contracts, grants, or agreements with health care providers to deliver these services in a coordinated effort in medically underserved areas or areas with demonstrated need. This bill would require, upon appropriation by the Legislature, the department to develop and maintain on its internet website a database of referral networks of community-based mental health providers and support services addressing, among other topics, postpartum depression and prenatal care, as specified, in the above-described areas. The bill would require the database to include information on mental health providers and support groups that allow patient-driven care access, as specified. The bill would require the department to update the database annually to ensure the database contains up-to-date information.

Existing law provides for the payment of unemployment compensation benefits and extended benefits to eligible individuals who meet specified requirements. Under existing law, unemployment benefits are paid from the Unemployment Fund, which is continuously appropriated for these purposes. Existing law makes an employee ineligible for benefits if the employee left work because of a trade dispute and specifies that the employee remains ineligible for the duration of the trade dispute. Existing case law holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. This bill would restore eligibility after the first 2 weeks for an employee who left work because of a trade dispute. The bill would codify specified case law that holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. The bill would specify that the bill's provisions do not diminish eligibility for benefits of individuals deprived of work due to an employer lockout or similar action, as specified. Because this bill would expand the categories of people eligible to receive benefits from a continuously appropriated fund, it would make an appropriation.