Sen. Tom Umberg

The California Constitution creates the Citizens Redistricting Commission, which is required to adjust the boundary lines of the congressional, State Senatorial, Assembly, and State Board of Equalization districts in the year following the year in which the national census is taken under the direction of Congress at the beginning of each decade. The California Constitution requires the commission to be created no later than December 31 in each year ending in the number zero and requires the commission to approve 4 final maps by August 15 in each year ending in the number one. Existing statutory law also requires the commission, no later than July 1 in each year ending in the number one, to publicly display the first preliminary statewide maps for public comment. This measure would authorize the commission, for 2021 only, to extend the deadlines for final map approval and public display of preliminary maps if the United States Census Bureau fails to provide the commission with necessary state redistricting population data within one year after the decennial census date. The measure would not allow the commission to extend the deadline for final map approval beyond December 15, 2021.

Existing law allows the court to issue a protective order restraining a defendant from any contact with the victim if the defendant has been convicted of a crime of domestic violence, human trafficking, a crime in furtherance of a criminal street gang, or a registerable sex offense. Under existing law, the protective order may be valid for up to 10 years, as determined by the court. Existing law, commencing January 1, 2021, requires a person required to register as a sex offender to register for 10 years, 20 years, or life, depending on the conviction for which the person is required to register. This bill would, commencing July 1, 2022, in cases in which the defendant has been convicted for a felony offense that requires sex offender registration, allow the court to make the protective order valid for up to the duration of the period of registration. Because a violation of the protective order would be a crime, 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.

(1) Existing law requires a candidate for a nonpartisan office who at a primary election receives votes on a majority of all the ballots cast for candidates for that office to be elected to that office. This bill would exempt from that requirement candidates for county nonpartisan offices, including a county office in a charter county, but not a charter city and county, and would require the candidates who received the highest and second highest number of votes cast for nomination to that office to be placed on the ballot at the ensuing general election. By imposing new duties on counties, including county elections officials, the bill would impose a state-mandated local program. (2) Existing law generally requires that a plurality of the votes given at any election constitutes a choice, but that it shall be competent in all charters of cities, counties, or cities and counties framed under the authority of the California Constitution to provide the manner in which their respective elective officers may be elected and to prescribe a higher proportion of the vote therefor. Existing law authorizes, and in some circumstances requires, a political subdivision to consolidate its elections with statewide elections. This bill would require an election for an office that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, that is consolidated with a statewide election to be consolidated with the statewide general election in November. The bill would require an election for an office that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, that is, as of January 1, 2021, consolidated with the statewide direct primary election, to instead be moved to and consolidated with the November statewide general election. These requirements would not apply to a charter city or charter city and county, but would apply to a charter county. By imposing new duties on local government, including county elections officials, the bill would impose a state-mandated local program. (3) 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 states that members of the militia in active service shall not be liable civilly or criminally for any act done by them in the performance of their duty. This bill would state that an act of sexual harassment, sexual assault, reprisal in response to a whistleblower complaint, as specified, and felony criminal offenses shall be deemed to not be done in the performance of the member's duty.

Existing law provides for the licensure and regulation of adult alcoholism or drug abuse recovery or treatment facilities by the State Department of Health Care Services and authorizes the department to enforce those provisions. Existing law also requires the department to implement a program certification procedure for alcohol and other drug treatment recovery services. Existing law generally prohibits specified persons, programs, or entities, such as an alcoholism or drug abuse treatment facility or a person employed by, or working for, an alcohol or other drug program, from giving or receiving anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services, and authorizes the department to investigate allegations of violations of those provisions, and to assess various penalties upon a person, program, or entity that is found in violation of those provisions. Existing law requires all programs licensed or certified by the department pursuant to those provisions to disclose any ownership or control of, or financial interest in, a recovery residence, as defined. This bill would create the California Ethical Treatment for Persons with Addiction Act to provide protection for substance abuse treatment clients and their families. The bill would declare the intent for its provisions to be construed in favor of maximizing protections for clients, families, and their communities. The bill would impose requirements and proscribe unlawful acts relating to marketing, advertising, and payment of remuneration or split-fee arrangements, with respect to licensed treatment facilities and treatment providers, as defined by the bill. The bill would require a licensed treatment facility doing business in the state to adopt a client bill of rights for persons seeking treatment for substance use disorder, as specified, and to make the bill of rights available to all patients and prospective patients. The bill would require a treatment provider to maintain records of referrals to or from a recovery residence, as specified. Specified acts made unlawful by the bill would be subject to a civil fine of up to $20,000 per violation. The bill would authorize the Attorney General, a district attorney, or any other party with an ascertainable interest to bring an action to enjoin a violation of its provisions, declaratory relief, or to recover a civil monetary penalty, as specified. The bill also would authorize the department to investigate allegations of violations of any provisions of the bill and to take subsequent action including, but not limited to, assessing penalties and suspending or revoking the license of a licensed provider.

(1) Existing law establishes the Governor's Office of Business and Economic Development, known as "GO-Biz," within the Governor's office to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing federal law establishes the Capital Magnet Fund and makes moneys in that fund available to the United States Secretary of the Treasury to carry out a competitive grant program to attract private capital for, and increase investment in, certain affordable housing and economic development projects by providing grants, as provided, to Treasury-certified community development financial institutions or nonprofit organizations that meet specified criteria. This bill would establish the Community Development Financial Institutions Grant Program, administered by GO-Biz, for the purpose of providing grants to qualified community development financial institutions. The bill would establish the Community Development Financial Institutions Grant Fund and, upon appropriation, require GO-Biz to award a grant to an eligible recipient, defined as a community development financial institution that meets specified criteria under the program, as provided. The bill would require, among other things, that an eligible recipient provide matching funds on a dollar-for-dollar basis with moneys received from private, nongovernmental sources. The bill would specify authorized uses of grant funds, including providing loans, grants, equity investments, or technical assistance within low-income communities or for purposes that have a direct and substantial benefit to lower income households. (2) Previously existing law, until January 1, 2017, allowed a credit under the Personal Income Tax Law, the Corporation Tax Law, and a credit against the tax imposed on an insurer in an amount equal to 20% of a qualified investment, as defined, made in a community development financial institution, as defined, but not to exceed, in the aggregate amount under all those laws, $50,000,000 per year. Previously existing law authorized the certification of investments for the credit until January 1, 2017. Previously existing law required that certification applications for which the intended use of the investments had the greatest aggregate benefit for low- to moderate-income or rural areas or households be given the highest priority. Credits that had been allowed were completely recaptured if the qualified investment was subsequently withdrawn and not similarly reinvested, and were partially recaptured if the qualified investment was subsequently reduced. This bill would establish similar credits under the Personal Income Tax Law, the Corporation Tax Law, and the law governing the taxation of insurers, for taxable years beginning on or after January 1, 2021. The bill would require that the credit amount be equal to the applicable credit percentage of a qualified investment, as defined, made in a community development financial institution, as defined, certified as provided by GO-Biz, but would provide that the applicable credit percentage for each taxable year is 0% unless otherwise specified in the Budget Act or other act making an appropriation for these purposes. The bill would require GO-Biz to certify investments and community development financial institutions for these purposes and to allocate credits in a manner similar to the above-described previously allowed credits. In this regard, the bill would also authorize GO-Biz to allocate tax credits for the current year and reserve tax credits for subsequent years. Existing law requires any bill introduced on or after January 1, 2020, that would authorize certain tax expenditures, as defined, to identify specific goals, purposes, and objectives that the expenditure will achieve, detailed performance indicators, and data collection requirements. The bill would require a community development financial institution that receives a qualified investment for which a tax credit is allowed under the bill to submit a report to GO-Biz, as specified, on the use of that qualified investment. On or before January 1, 2025, the bill would require the Legislative Analyst to prepare an analysis, based on data provided by the California Department of Tax and Fee Administration, the Franchise Tax Board, and GO-Biz on or before September 30, 2024, of the tax credit investments provided for in the bill. The bill would require the Legislative Analyst to submit a report to the Legislature by June 30, 2025, on the effects of these tax credits that includes this analysis.

The Pharmacy Law provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy, which is within the Department of Consumer Affairs. Existing law, except as specified, prohibits a person from possessing any controlled substance, except that furnished to a person upon the prescription of a physician, dentist, podiatrist, optometrist, veterinarian, or another of prescribed healing arts licensees pursuant to existing law. A violation of the Pharmacy Law is a crime. This bill, with certain exceptions, on and after June 30, 2021, would require a pharmacist who dispenses in solid oral dosage form a controlled substance in Schedule II or Schedule IIN of the federal Controlled Substances Act to dispense it in a lockable vial, as defined, provide an educational pamphlet on controlled substances, and, if the lockable vial uses an alphanumeric passcode or other code, include the code in any patient notes in the database or other system used by the pharmacy in the dispensing of prescription drugs. The patient, or the patient's parent or legal guardian if the patient is a minor or otherwise unable to authorize medical care, would choose the code, except as specified. The bill would require the board to develop the educational pamphlet and provide it to pharmacists in printed form. The bill would require the manufacturer of a controlled substance to reimburse the pharmacy each month for the cost of lockable vials used by the pharmacy to dispense controlled substances within 30 days of receiving a claim for reimbursement, and would require the manufacturer to pay, among other costs, the net acquisition cost of the lockable vials and dispensing costs. The bill would make the manufacturer subject to a civil penalty of $1,000 for each day the manufacturer is delinquent in reimbursing the pharmacy. The bill would require a vendor that contracts with a pharmacy to provide lockable vials to make available at all times assistance online or through a toll-free phone number for patient use. The bill would make a prescriber not liable for adverse consequences resulting from specified events relating to the lockable vials. The bill would authorize the board to adopt regulations to carry out the bill. By expanding the scope of 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.

(1) Existing law authorizes a library district to be organized and authorizes the library district to establish, equip, and maintain a public library for the dissemination of knowledge of the arts, sciences, and general literature. Existing law authorizes a library district to include incorporated or unincorporated territory or both in any one or more counties, as provided. Existing law establishes in the State Department of Education a division known as the California State Library. This bill would require a local educational agency, as defined, and would authorize multiple local educational agencies within a single county, to enter into a memorandum of agreement, as specified, with the appropriate library district or public library to collaborate and connect for the purpose of providing every public school pupil enrolled in the local educational agency with a student success card. The bill would require a memorandum of agreement to include specified elements and to be effective for 5 years, after which the memorandum of agreement may be renewed. The bill would require the California State Library to make available sample language for memorandums of agreement that may be used by local educational agencies, library districts, and public libraries. The bill, on or before January 1, 2027, would require a library district or public library, after the expiration of each initial 5-year memorandum of agreement, to report specified statistics to the California State Library and the Legislature, including, among other statistics, any increase in the use of library books or eBooks during the preceding 5 years. By imposing new duties on local educational agencies, library districts, and public libraries, the bill would impose a state-mandated local program. (2) 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. (3) This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, the Veterans and Affordable Housing Bond Act of 2018, which was approved by the voters as Proposition 1 at the November 6, 2018, statewide general election, authorizes the issuance of bonds in the amount of $4,000,000,000 pursuant to the State General Obligation Bond Law and requires the proceeds from the sale of these bonds to be used to finance various housing programs and a specified program for farm, home, and mobilehome purchase assistance for veterans, as provided. Existing law authorizes a city, county, or city and county to provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily use by an ordinance that complies with specified requirements. Existing law requires the city, county, or city and county to ministerially approve or disapprove an application for a permit to create an accessory dwelling unit received pursuant to such an ordinance within 120 days. This bill would enact the Accessory Dwelling Unit Construction Bond Act of 2020 (bond act) , which, if adopted, would authorize the issuance of bonds in the amount of $500,000,000 pursuant to the State General Obligation Bond Law to finance the Accessory Dwelling Unit Construction Program, established as part of the bond act. The bill would authorize the Department of Housing and Community Development to enter into a contract under that program with a homeowner to provide financing to pay for the eligible costs incurred by the homeowner in constructing an accessory dwelling unit on the homeowner's property, subject to specified terms and conditions. The bill would require that moneys received from a homeowner for the repayment of financing provided under the program to be used to pay debt service when due on bonds issued pursuant to the bond act. This bill would provide for submission of the Accessory Dwelling Unit Bond Act of 2020 to the voters at the next statewide general election following its effective date, in accordance with specified law. This bill would declare that it is to take effect immediately as an urgency statute.