(1) Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act, authorizes specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services, to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria. Existing law requires all evaluations and reports, documents, and filings submitted to the court under CARE proceedings be kept confidential. This bill would authorize CARE Act proceedings to be conducted by a superior court judge or by a court-appointed commissioner or other subordinate judicial officer. The bill would require that there is no fee for filing a petition nor any fees charged by any public officer for services in filing or serving papers or for the performance of any duty enjoined by the CARE Act. The bill would authorize that the respondent is entitled to have an interpreter in all proceedings if necessary for the respondent's full participation. This bill would require county behavioral health agencies to provide health information necessary to support findings in the filings to the court, as specified, and would exempt counties and their employees from civil or criminal liability for disclosure under these provisions. By increasing the reporting duties on county behavioral health agencies, this bill would create a state-mandated local program. This bill would authorize health care providers and covered entities, as defined, to disclose specified health information to behavioral health agencies for some purposes and would require those entities to disclose that information for other specified purposes. The bill would authorize a county behavioral health agency to apply, ex parte, for an order requiring health care providers or covered entities to provide information, as specified, to the court, the behavioral health agency, or both. The bill would require behavioral health agencies to notify respondent of disclosure, as specified. The bill would exempt health care providers and covered entities from civil or criminal liability for disclosure under these provisions and would exempt information disclosed to a county behavioral health agency by a provider of health care or a covered entity from disclosure or inspection under the Public Records Act. Existing law authorizes a specified individual to commence the CARE process, known as the original petitioner. Under existing law, if the original petitioner is a person other than the director of a county behavioral health agency, the court is required to issue an order relieving the original petitioner and appointing the director of the county behavioral health agency, or their successor, as the substitute petitioner. Under existing law, the original petitioner retains specified rights, including the right to participate in the initial hearing to determine the merits of the petition. This bill would revise the rights of the original petitioner, including giving them the right to be present and make a statement on the merits of the petition at the initial hearing and authorizing the court to assign ongoing rights to an original petitioner who resides with the respondent or is a spouse, parent, sibling, child, or grandparent or other person who stands in loco parentis to the respondent. This bill would additionally authorize the respondent to petition the court for an order sealing their records, as specified, and the filing of such petition would create a presumption in favor of sealing. Existing law authorizes the court to find a person, other than respondent, who has previously filed a pleading in CARE Act proceedings that was without merit and who files an additional petition for CARE Act proceedings that is also without merit, a vexatious litigant. This bill would provide that a member of the State Bar who files a petition in order to gain an advantage over the respondent in another legal proceeding is subject to discipline, as specified, if it is determined the member filed the petition knowing that the filing was made to gain an advantage. Existing law requires the court to appoint a public defender to represent the respondent in specified circumstances. This bill would additionally authorize the appointment of counsel working in the capacity of a public defender. Existing law requires the act to be implemented with technical assistance and continuous quality improvement, as specified, including expected start dates for specified counties. Existing law also requires the State Department of Health Care Services to implement guidelines under which counties can apply for and be provided additional time to implement the above-described provisions. Existing law authorizes the department to grant an extension once, and no later than December 1, 2025. Existing law requires the county behavioral health agency to provide the court with specified reports to determine eligibility for the CARE process. The bill would exempt reports made to determine eligibility for the CARE process from the Public Records Act. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (2) Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant's mental competency is evaluated and by which the defendant receives treatment, with the goal of returning the defendant to competency. Existing law authorizes misdemeanor defendants who have been determined to be incompetent to stand trial to be referred to the CARE program and requires the court to conduct a hearing to determine eligibility for the CARE program within 14 days of the date of the referral. If the hearing is delayed beyond 14 days, existing law requires the defendant, if confined in county jail, to be released on their own recognizance pending that hearing. This bill would require the court to conduct the hearing within 14 court days of the date the petition is filed and, if the hearing is delayed beyond 14 court days, to release a defendant who is confined in county jail, pending the hearing. (3) The bill would also make technical and conforming changes. (4) 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. This bill would declare that it is to take effect immediately as an urgency statute.
Sponsored bills
(1) The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions. This measure would create an additional exception to the 1% limit that would authorize a city, county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, including downpayment assistance, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, city and county, or special district, as applicable, and the proposition includes specified accountability requirements. The measure would prohibit a city, county, city and county, or special district from placing a proposition on the ballot pursuant to these provisions if the voters have previously approved a proposition pursuant to these provisions or the below special tax provisions until all funds from the previous proposition are committed to programs and projects listed in the specific local program or ordinance, as described. The measure, subject to certain vote thresholds, would authorize the Legislature to enact laws establishing additional accountability measures and laws for the downpayment assistance programs authorized by the measure, as specified. The measure would specify that these provisions apply to any city, county, city and county, or special district measure imposing an ad valorem tax to pay the interest and redemption charges on bonded indebtedness for these purposes that is submitted at the same election as this measure. (2) The California Constitution conditions the imposition of a special tax by a local government upon the approval of 23 of the voters of the local government voting on that tax. This measure would authorize a local government to impose, extend, or increase a sales and use tax or transactions and use tax imposed in accordance with specified law or a parcel tax for the purposes of funding the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, including downpayment assistance, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by a majority vote of the membership of the governing board of the local government and by 55% of its voters voting on the proposition and the proposition includes specified accountability requirements. The measure would prohibit a local government from placing a proposition on the ballot pursuant to these provisions if the voters have previously approved a proposition pursuant to these provisions or the above ad valorem tax provisions until all funds from the previous proposition are committed to programs and projects listed in the specific local program or ordinance, as described. The measure, subject to certain vote thresholds, would authorize the Legislature to enact laws establishing additional accountability measures and laws for the downpayment assistance programs authorized by the measure, as specified. This measure would also make conforming changes to related provisions. The measure would specify that these provisions apply to any local measure imposing, extending, or increasing a sales and use tax, transactions and use tax, or parcel tax for these purposes that is submitted at the same election as this measure. (3) The California Constitution prohibits specified local government agencies from incurring any indebtedness exceeding in any year the income and revenue provided in that year, without the assent of 23 of the voters and subject to other conditions. In the case of a school district, community college district, or county office of education, the California Constitution permits a proposition for the incurrence of indebtedness in the form of general obligation bonds for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, to be adopted upon the approval of 55% of the voters of the district or county, as appropriate, voting on the proposition at an election. This measure would expressly prohibit a special district, other than a board of education or school district, from incurring any indebtedness or liability exceeding any applicable statutory limit, as prescribed by the statutes governing the special district. The measure would also similarly require the approval of 55% of the voters of the city, county, city and county, or special district, as applicable, to incur bonded indebtedness, exceeding in any year the income and revenue provided in that year, that is in the form of general obligation bonds issued to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing projects, if the proposition proposing that bond includes specified accountability requirements. The measure would specify that this 55% threshold applies to any proposition for the incurrence of indebtedness by a city, county, city and county, or special district for these purposes that is submitted at the same election as this measure. (4) This measure would deem another measure on the same statewide election ballot relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures in conflict with it and would make the other measure null and void if this measure receives more affirmative votes.
This measure would commemorate the 70th anniversary of the alliance between the United States and the Republic of Korea.
This measure would proclaim the month of October 2023 as California Firefighter Appreciation Month and October 14, 2023, as California Firefighters Memorial Day.
Existing law establishes the Department of Fish and Wildlife and prescribes the functions and responsibilities of the department with regard to the implementation, administration, and enforcement of laws regulating fish and wildlife in the state. This bill would require the department, before January 1 of each year, to make publicly available on the department's internet website a specified annual document that contains conditional or provisional plans for freshwater fish plants. The bill would require the department, as part of this document, to include a disclaimer that states that the fish plants are not completely certain to occur as planned and that the department may not be able to adhere to the provisional stocking dates and places due to various unforeseen conditions, as specified. The bill would also require the disclaimer to include a statement referring the public to the Fish Planting Schedule on the department's internet website for more up-to-date and accurate information about fish plants.
Existing law establishes the State Department of Social Services to administer public social services and authorizes the department to adopt regulations to implement the law enforced by the department. Existing law requires a county board of supervisors to establish a county department, run by a director appointed by the board, for the administration of public social services and promotion of public understanding of the public social services provided by the county. Existing law authorizes the board to contract with other counties, the State Department of Public Health, or the State Department of Health Care Services for the operation, maintenance, and establishment of services a county board of supervisors deems desirable to provide to eligible individuals. This bill would require a local county entity that administers public benefits to develop and implement a program to ensure that, at a minimum, homeless residents of a county can pick up and receive government-related mail addressed to them at a place designated by the local county entity. The bill would make the program participation optional for homeless residents. The bill would also require the local county entity to provide program participants with specified information regarding the program, including hours of operation. The bill would clarify that program participation would not establish residency. The bill would define what qualifies as government-related mail. The bill would also require, on or before January 1, 2025, the State Department of Social Services to adopt specified regulations regarding the mail program, with input from stakeholders. The bill would require the department to implement and administer these provisions through all-county letters or similar instructions until regulations are adopted. By imposing new duties on counties, the bill would impose a state-mandated local program. This bill would state that it is the intent of the Legislature that these provisions are meant to provide minimum standards for county mail programs, and that counties are encouraged to expand upon these standards by holding all types of mail for homeless residents, providing various mail pickup points, and informing homeless residents when they have mail. 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 vests the Department of Transportation with full possession and control of all state highways and all property and rights in property acquired for state highway purposes. Existing law requires the department to adopt rules and regulations that allow the placement, near exits on freeways in rural areas, of information signs identifying specific roadside businesses, including a business offering electric vehicle charging facilities. This bill would require the department, in coordination with the Governor's Office of Business and Economic Development (GO-Biz) and the State Energy Resources Conservation and Development Commission, to develop and design light-duty zero-emission vehicle charging and fueling station signage to be placed along state highways based on charger or fueling type and vehicle compatibility, in order to increase consumer confidence in locating electric vehicle chargers and hydrogen fueling stations. The bill would authorize the department to adopt rules and regulations for these purposes.
Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing and related matters, including by prohibiting, limiting, or requiring disclosure of certain political activities and by regulating certain political advertisements. This bill would require a person who is paid by a committee to support or oppose a candidate or ballot measure on an internet website, web application, or digital application, as specified, to include a disclaimer, if not already required as specified, stating that they were paid by the committee in connection with the post. The bill would also require a committee to notify the person posting the content of the disclaimer requirement. Under this bill, if a person fails to post the disclaimer, they would not be subject to administrative penalties, but the Commission would be authorized to seek injunctive relief to compel disclosure. This bill would also exempt the disclaimer requirement for content posted by a compensated employee of a committee on the employee's own social media page or account if the only expense or cost of the communication is compensated staff time, unless the person's principal duties as an employee are to post content on the person's own social media page or account. 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 requires instruction to be given in the elementary and secondary schools by appropriately trained instructors on drug education and the effects of the use of tobacco, alcohol, narcotics, dangerous drugs, as defined, and other dangerous substances. Existing law authorizes a public or private elementary or secondary school to determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school, and to designate one or more volunteers to receive related training to address an opioid overdose, as specified. This bill would require those school districts, county offices of education, and charter schools that voluntarily determine to make naloxone hydrochloride or another opioid antagonist available on campus to ensure that the naloxone hydrochloride or another opioid antagonist is placed in an appropriate location that is widely known and easily accessible, both during school hours and after school hours. The bill would require the naloxone hydrochloride or another opioid antagonist to be located on campus grounds in at least one of several specified locations. This bill would require the State Department of Public Health to develop an opioid overdose training program and program toolkit, as defined, to be made available to public high schools for public high school pupils to be trained on how to identify and respond to an opioid overdose, including by administering a federally approved opioid overdose reversal medication, as provided. The bill would require the department, by April 1, 2025, to notify public high schools of the availability of the program toolkit. The bill would require the department to provide the program toolkit upon request to those public high schools that opt to host the program on their campuses and to consider making its representatives available to provide the training onsite at public schools upon request. The bill would require the department to collaborate with local, state, and national organizations, as provided, to provide pupils with integrated, comprehensive, accurate, and unbiased educational materials on opioid and drug overdose prevention, opioid and drug safety, and stigma reduction. The bill would require the department to collect, on an annual basis, data on the number of pupils participating in the program and to share this information with the Legislature and the Senate and Assembly Budget Subcommittees on Education, Health, and Human Services, as provided.