Sen. Sabrina Cervantes

Existing law requires a county elections official, upon receiving a vote by mail ballot, to compare the signature on the identification envelope with the voter's signature appearing on specified voter registration records. If the elections official determines that the signatures do not match, or if the identification envelope does not contain a signature, existing law requires the elections official to permit the voter to submit a signature verification statement or unsigned identification envelopment statement, respectively, that contains the voter's signature. Existing law requires instructions to be sent to the voter specifying that they may submit these statements by email, by facsimile transmission, or in person at a polling place within the county or a ballot dropoff box. This bill would additionally require the instructions sent to voters to state that they may submit a signature verification statement or unsigned identification envelope statement by other electronic means made available by the local elections official. This bill would require a local elections official who offers other electronic means for submission to establish appropriate privacy and security protocols so that the information transmitted is received by the elections official and is only used to verify the signature on the voter's ballot. By imposing duties on local elections officials, this bill would create a state-mandated local program. This bill would incorporate additional changes to Section 3019 of the Elections Code proposed by SB 77 to be operative only if this bill and SB 77 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 provides that libel is a false and unprivileged written publication that injures the reputation and that slander is a false and unprivileged publication, orally uttered, that injures the reputation, as specified. Existing law makes certain publications and communications privileged and therefore protected from civil action, including complaints of sexual harassment by an employee, without malice, to an employer based on credible evidence and communications between the employer and interested persons regarding a complaint of sexual harassment. This bill would include among those privileged communications a communication made by an individual, without malice, regarding an incident of sexual assault, harassment, or discrimination, as defined, and would specify the attorney's fees and damages available to a prevailing defendant in any defamation action brought against that defendant for making that communication.

Existing law requires each campus of the California Community Colleges and the California State University, and requests each campus of the University of California, to clearly highlight the courses that exclusively use digital course materials, as specified, and clearly communicate to students that the course materials for these courses are free of charge and therefore not required to be purchased. This bill would, commencing July 1, 2024, require each campus of the California Community Colleges and the California State University, and request each campus of the University of California, to prominently display the estimated costs for each course of all required course materials and fees directly related to those materials, for no less than an annually increasing percentage, up to 75% by January 1, 2028, of the total number of courses on the online campus course schedule for which a faculty member or course instructor has been assigned. The bill would define, for purposes of this requirement, "course materials" to include digital or physical textbooks, devices such as calculators and remote attendance platforms, and software subscriptions. 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 establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University comprises 23 institutions of higher education located throughout the state. The California Native American Graves Protection and Repatriation Act of 2001 requires all agencies and museums, which is defined to include higher education institutions, that receive state funding and have possession or control over collections of California Native American human remains and associated funerary objects to inventory those remains and objects for repatriation to the appropriate California Indian tribes, as specified. This bill would require the California State University to comply with various requirements regarding the handling, maintenance, and repatriation of Native American human remains and cultural items under the California Native American Graves Protection and Repatriation Act of 2001, including adopting and implementing systemwide policies that, among other things, prohibit the use of any Native American human remains or cultural items for purposes of teaching or research at the California State University while in the possession of a California State University campus or museum. The bill would make its provisions severable.

The California Constitution provides that the University of California constitutes a public trust, and requires the university to be administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes. The California Native American Graves Protection and Repatriation Act of 2001 requires all agencies and museums, which is defined to include higher education institutions, that receive state funding and have possession or control over collections of California Native American human remains and associated funerary objects to inventory those remains and objects for repatriation to the appropriate California Indian tribes, as specified. This bill would urge the University of California to, on or before June 30, 2024, and annually thereafter, report each University of California campus's progress towards completing repatriation pursuant to the California Native American Graves Protection and Repatriation Act of 2001. The bill would urge the office of the President of the University of California to provide available funding to sufficiently support those efforts. The bill would urge the University of California to prohibit use of any Native American human remains or cultural items for purposes of teaching or research at the University of California. Existing law requires the California State Auditor to conduct an audit commencing in the year 2019 and again in 2021 regarding the University of California's compliance with the federal and California acts and to report its findings to the Legislature and all other appropriate entities. This bill would require the California State Auditor to additionally conduct an audit again in 2024 and 2026, and to also report its findings to the Native American Heritage Commission.

Existing law requires the Department of Veterans Affairs to disburse funds, appropriated to the department for the purpose of supporting county veterans service officers pursuant to the annual Budget Act, on a pro rata basis, to a county that complies with certain conditions. Existing law requires the department to prepare an annual report of the activities of county veterans services officers, including the number of claims filed to receive pension benefits and a summary of other services provided by county veterans service officers. This bill would require the department's annual report to include the composition of staff at the county office, as specified, and the annual funding of the county veterans service office by the county, as specified. This bill would authorize the department to require county veterans service officers to apply uniform measurement and workload units, claims, and other information.

Existing law establishes 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 2 of the segments of public postsecondary education in this state. Existing law provides for the missions and functions of these segments, and states that the University of California has the sole authority in public higher education to award doctoral degrees in all fields of learning, except that it may agree with the California State University to award joint doctoral degrees in selected fields. However, existing law authorizes the California State University to offer doctoral programs in education, audiology, physical therapy, occupational therapy, and public health without that agreement. This bill would authorize the California State University to award professional or applied doctoral degrees statewide that do not duplicate University of California doctoral degrees and satisfy certain requirements. The bill would require a California State University campus seeking authorization to offer a professional or applied doctoral degree program pursuant to the bill to submit specified information on the proposed doctoral degree for review by the office of the Chancellor of the California State University, and approval by the trustees, as provided. The bill would authorize professional or applied doctoral degree programs that are approved for implementation by the trustees pursuant to the bill to be implemented at any California State University campus, but would limit the number of doctoral degree programs that may be offered at a California State University campus. The bill would prohibit the trustees from approving more than 10 new doctoral degree disciplines pursuant to the bill per academic year. The bill would require the Legislative Analyst's Office to conduct a systemwide evaluation of doctoral degree programs established pursuant to the bill and report the results of the evaluation to the Legislature and the Governor on or before December 31, 2028.

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.

The Political Reform Act of 1974 may be amended by statute if, among other things, the bill in its final form has been delivered to the Fair Political Practices Commission for distribution to the news media and to persons who have requested to receive copies of such bills at least 12 days before passage in each house. This bill instead would require bills amending the act be in final form at least 8 days before passage in each house. However, the bill would require bills amending the act to be in final form at least 12 days before passage in each house if the previous form of the bill did not amend the act. Existing law requires the Legislative Counsel to make specified information pertaining to legislative measures publicly available in electronic form on a computer network, including the text, bill history, and bill status of each bill introduced in each current legislative session. This bill would require the Legislative Counsel to make available to the public the option to sign up to receive email alerts any time a bill to amend the Political Reform Act of 1974 is introduced, amended, or otherwise subject to an action triggering a specified notification. The bill would require these email alerts to be sent as soon as feasible, but no later than 9 a.m. the calendar day after the legislative action that is the subject of the alert. 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.

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.