Sen. Kelly Seyarto

Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities, including short-term residential therapeutic programs, by the State Department of Social Services. The act defines a short-term residential therapeutic program as a residential facility licensed by the department and operated by any public agency or private organization that provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour care and supervision to children that is trauma-informed. Existing law requires specified facilities, including community care facilities, to conduct a clinical and quality review for each episode of the use of seclusion or behavioral restraints, as defined. Existing law requires the facility to conduct a debriefing regarding the incident with the person, and other specified individuals upon the person's request, to discuss how to avoid a similar incident in the future. Under existing law, the person's participation in the debriefing is voluntary. This bill, The Accountability in Children's Treatment Act, would require, in the case of an incident involving the use of seclusion or behavioral restraints in a short-term residential therapeutic program, the facility to notify any foster child who has been subject to seclusion or behavioral restraints of their personal rights by no later than the day following the incident and to provide, within 7 days, a description of the incident, in both oral and written forms, to the person subject to the seclusion or behavioral restraints and, as applicable, to the person's parent, foster parent, guardian, Indian custodian, or other authorized representative, and attorney, if any, and for Indian children, the tribal representative. The bill would require that the description contain certain information, including the actions taken during the incident and its duration, the rationale for the actions, and the personnel approving and implementing the actions. The bill would require the facility to provide a copy of the written description to the department, also within 7 days. The bill would require the department to review all reported incidents involving the use of seclusion or behavioral restraints and to investigate any incidents that indicate a potential health and safety concern or licensing violation. As part of the assessment to determine if an investigation is required, the bill would require the department to determine whether the use of seclusion or behavioral restraints potentially violated any licensing laws and regulations or violated the licensee's approved emergency intervention plan. If the department determines that an incident should be investigated, the bill would require the department to provide the Office of the State Foster Care Ombudsperson with a copy of the incident report and require the ombudsperson to exercise their discretion in determining whether to investigate the incident, as specified. Existing law requires the Secretary of California Health and Human Services or their designee to take steps to establish a system of mandatory, consistent, timely, and publicly accessible data collection regarding the use of seclusion and behavioral restraints in specified facilities, including community care facilities, that utilize seclusion and behavioral restraints. Existing law requires that data collected include, among other information, the number of incidents, the duration of time spent per incident, and the number of serious injuries or deaths occurring while the person is in seclusion or subject to behavioral restraints. Existing law requires the secretary to develop a mechanism for making this information, as it becomes available, publicly available on the internet. Existing law requires the State Department of Social Services and other specified departments to annually provide information to the Legislature about the progress made in implementing the above-described provisions on data collection, clinical and quality review, and debriefing. This bill would require the State Department of Social Services, by January 1, 2026, to display, on its internet website, data that is specific to short-term residential therapeutic programs. The bill would require the dashboard to display the above-described data on seclusion or behavioral restraints as applicable to those programs, the above-described written descriptions of the incidents, and the numbers and types of licensing and administrative actions taken for the improper use of seclusion or behavioral restraints by the short-term residential therapeutic program or an associated individual for the improper use of seclusion or behavioral restraints. The bill would require the department to update the information biannually. Under the bill, this data would exclude any personally identifiable information, as specified, and the provisions of the bill would be implemented to the extent not in conflict with any applicable federal or state privacy laws.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges. Existing law establishes community college districts throughout the state, under the administration of community college district governing boards, and authorizes these districts to provide instruction at the community college campuses they operate. Existing law establishes a statewide baccalaureate degree program that authorizes up to a total of 30 baccalaureate degree programs at community college districts to be approved per academic year, as provided. This bill would require the office of the Chancellor of the California Community Colleges to develop a Baccalaureate Degree in Nursing Pilot Program that authorizes select community college districts to offer a Bachelor of Science in Nursing degree. The bill would limit the pilot program to 10 community college districts statewide and would require the chancellor's office to identify and select eligible community college districts based on specified criteria. The bill would require the chancellor's office to develop a process designed to assist community college districts with nursing programs that are applying for national accreditation for the purpose of qualifying for the pilot program, as provided. The bill would require each participating community college district to give priority registration for enrollment in the pilot program to students with an associate degree in nursing from that community college district. The bill would require the Legislative Analyst's Office to conduct an evaluation of the pilot program to determine the effectiveness of the program and the need to continue or expand the program, as specified, to be submitted to the Legislature on or before July 1, 2032. The bill would repeal these provisions as of January 1, 2034.

Under existing law, a person who solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person is guilty of disorderly conduct, a misdemeanor. Under existing law, if the person solicited was a minor, and the person who solicited the minor knew or reasonably should have known that the person solicited was a minor, the offense is punishable by imprisonment in the county jail for a mandatory minimum of 2 days and not to exceed one year, by a fine not to exceed $10,000, or by both such fine and imprisonment. This bill would make this offense applicable only to a defendant who is 18 years of age or older at the time of the offense. The bill would, if the person solicited was under 16 years of age, or if the person solicited was under 18 years of age at the time of the offense and the person solicited was a victim of human trafficking, make the offense punishable as a wobbler by imprisonment in the county jail for not more than 1 year and a fine not to exceed $10,000 or by imprisonment in the county jail for 16 months or 2 or 3 years. For a 2nd or subsequent offense under those conditions, the bill would require that the offense be punishable as a felony by imprisonment in the county jail for 16 months or 2 or 3 years. By changing the elements and increasing the punishment of a crime, this bill would impose a state-mandated local program. Existing law requires persons convicted of certain specified crimes to annually register as a sex offender, as specified, for a term of 10, 20, or 30 years. This bill would require a person who is 18 years of age or older, on or after January 1, 2025, is convicted of, and who has a prior conviction for, soliciting a minor, as specified, to annually register as a sex offender for a term of 10 years if, at the time of the offense, the person was more than 10 years older than the solicited minor. This bill would incorporate additional changes to Section 647 of the Penal Code proposed by SB 926, AB 1874, and AB 1962, to be operative only if this bill and some or all of those other bills 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 no reimbursement is required by this act for a specified reason.

Existing law requires the Department of Water Resources to update every 5 years the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state, which is known as "The California Water Plan." Existing law requires the department to include a discussion of various strategies in the plan update, including, but not limited to, strategies relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, and water transfers, that may be pursued in order to meet the future needs of the state. Existing law requires the department to establish an advisory committee to assist the department in updating the plan. This bill would revise and recast certain provisions regarding The California Water Plan to, among other things, require the department to expand the membership of the advisory committee to include tribes, labor, and environmental justice interests. The bill would require the department, as part of the 2033 update to the plan, to update the interim planning target for 2050, as provided. The bill would require the target to consider the identified and future water needs for all beneficial uses and ensure safe drinking water for all Californians, among other things. The bill would require the plan to include specified components, including discussions of environmental needs, urban sector water needs, and agricultural water needs, and a discussion of the estimated costs and benefits of any project type or action that is recommended by the department within the plan that could help achieve the water supply targets. The bill would require the department to report to the Legislature the amendments, supplements, and additions included in the updates of the plan, together with a summary of the department's conclusions and recommendations, in the session in which the updated plan is issued. The bill would also require the department to conduct public workshops to give interested parties an opportunity to comment on the plan. Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region, as provided. This bill would require the department to offer the regional water quality control boards opportunities to provide input to assist the department in updating the plan.

Existing law requires that a school district, county office of education, or charter school that was prevented, due to certain emergencies, including, but not limited to, prescribed natural disasters, from maintaining its schools during a fiscal year for at least 180 days for a school district or county office of education or at least 175 days for a charter school, to receive the same apportionments as if it had not been prevented from maintaining those required number of days, as provided. For purposes of state apportionments based on average daily attendance, as provided, if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of a specified emergency, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred. This bill would add snowstorms to the list of emergencies for which the above-described provisions apply, as provided.

The California Constitution requires the Governor to submit a budget for the ensuing fiscal year to the Legislature within the first 10 days of each regular session. Existing law requires that budget to contain a complete plan and itemized statement of all proposed expenditures of the state provided by existing law or recommended by the Governor, and of all estimated revenues, as specified. Existing law requires the budget to be prepared in a specified manner. This bill would require the Department of Finance to make available on the home page of its internet website access to the Governor's Budget in an electronic machine readable format. Existing law provides that it is the policy of the State of California to make freely available to its inhabitants all state publications. To effectively carry out that policy, subject to availability of the necessary resources, existing law authorizes the California State Library to create a digital repository and delivery system to maintain and preserve copies of publications in electronic format for ready access to the public. Existing law authorizes each state agency to provide digital publications to the California State Library in an appropriate electronic format as specified by the California State Library. Existing law requires the California State Library to determine the appropriate electronic format and authorizes the California State Library to consult with the State Archivist. This bill would additionally require, at a minimum, the electronic format determined by the California State Library to be a machine readable format.

Existing law establishes the Department of Transportation and vests it with full possession and control of the state highway system. This bill would require the department to conduct a study to identify certain locations in the state highway system with regard to vehicle collisions, projects that could improve road safety at each of those locations, and common factors, if any, contributing to the delay in the delivery of those projects. The bill would require the department to post the study on its internet website on or before January 1, 2026.

Existing law prohibits driving a vehicle upon a highway at a speed greater than is reasonable or prudent. Existing law also prohibits driving a vehicle in excess of an established speed limit. Existing law requires that specified convictions, violations, and traffic-related incidents count as points against a driver's record for purposes of suspension or revocation of the privilege to drive. This bill, the Negligent Operator Treatment (NOT) in California Act, would, commencing on January 1, 2027, prohibit excessively speeding, defined as driving a vehicle at a speed that exceeds the posted speed limit by 26 miles per hour or more on a highway with a posted speed limit for passenger vehicles of 55 miles per hour or less. The bill would provide that a conviction for excessively speeding is punishable as an infraction and one point shall be assessed against a driver's record for a first violation and 2 points for any subsequent violation that occurs within 3 years after a previous violation for which the driver was convicted. By creating a new infraction, 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 no reimbursement is required by this act for a specified reason.

Existing law provides that in a civil action brought by a plaintiff to challenge a housing development project that meets or exceeds the requirements for low- or moderate-income housing, a defendant may seek an order requiring the plaintiff to furnish an undertaking as security for costs and damages that may be incurred by the defendant if the bringing of the action or seeking by the plaintiff of particular relief, including injunctive relief, would result in a delay in carrying out the development project. Existing law requires this motion to be made on the grounds that (1) the action was brought in bad faith, vexatiously, to delay or thwart the low- or moderate-income nature of the housing development project and (2) the plaintiff will not suffer undue economic hardship by filing the undertaking. If the court determines, after hearing, that the grounds for the motion have been established, existing law requires the court to order the plaintiff to file an undertaking that may not exceed $500,000 as security for the defendant's costs and damages. This bill would require the motion described above to be made on the grounds that the action is without merit and that the action was brought in bad faith, vexatiously, for the purpose of delay, or to thwart the low- or moderate-income nature of the housing development project. The bill would permit the plaintiff, in responding to the motion, to seek to limit the amount of the undertaking by presenting evidence that filing the undertaking will cause the plaintiff to suffer undue economic hardship. The bill would require the court, in ordering the plaintiff to file such an undertaking, to take into consideration admitted evidence of the plaintiff's economic hardship and to avoid causing the plaintiff to suffer such hardship. The bill would authorize the court to decline to impose a bond on the plaintiff if the court determines that, based on the evidence, the bond would cause the plaintiff to suffer undue economic hardship.

This measure would declare the month of September 2024 as Childhood Cancer Awareness Month and state the commitment of the Legislature to support efforts to find cures, and less toxic treatments, for childhood cancer.