Photo of Dave Min
D California Senate · District 37

Sen. Dave Min

Compare
Total votes
8,800
all sessions
Attendance
95%
383 missed
Lower than 97% of chamber peers
With party
99%
of cast votes
Lower than 97% of chamber peers
Bipartisan score
0%
crosses aisle rarely
Near the chamber average
Sponsored
277
bills & resolutions
Near the chamber average
Committees
0
assignments
277 bills and resolutions

Sponsored bills

Total
277
Primary
89
Co-sponsor
188
This page
277
matching current filters
Co-sponsor SB 253
Signed into law · California Senate · Co-sponsor
Climate Corporate Data Accountability Act.

The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with the act. The act requires the state board to make available, and update at least annually, on its internet website the emissions of greenhouse gases, criteria pollutants, and toxic air contaminants for each facility that reports to the state board, as provided. This bill would require the state board, on or before January 1, 2025, to develop and adopt regulations requiring specified partnerships, corporations, limited liability companies, and other business entities with total annual revenues in excess of $1,000,000,000 and that do business in California, defined as "reporting entities," to publicly disclose to the emissions reporting organization, as defined, and obtain an assurance engagement on, starting in 2026 on a date to be determined by the state board, and annually thereafter, their scope 1 and scope 2 greenhouse gas emissions, as defined, and, starting in 2027 and annually thereafter, their scope 3 greenhouse gas emissions, as defined, from the reporting entity's prior fiscal year, as provided. The bill would require the state board to review during 2029, and update as necessary on or before January 1, 2030, these deadlines to evaluate trends in scope 3 emissions reporting and to consider changes to the deadlines, as provided. The bill would require a reporting entity to obtain an assurance engagement, performed by an independent third-party assurance provider, of the entity's public disclosure as provided. The bill would require the state board, in developing these regulations, to consult with the Attorney General, other government stakeholders, investors, stakeholders representing consumer and environmental justice interests, and reporting entities that have demonstrated leadership in full-scope greenhouse gas emissions accounting and public disclosure and greenhouse gas emissions reductions. The bill would also require the state board to ensure that the assurance process minimizes the need for reporting entities to engage multiple assurance providers and ensures sufficient assurance provider capacity, as well as timely reporting implementation, as required. The bill would further require the state board to contract with an emissions reporting organization to develop a reporting program to receive and make publicly available the required disclosures. The bill would authorize the state board, starting in 2033 and every 5 years thereafter, to assess the global greenhouse gas accounting and reporting standards and to adopt an alternative standard if it determines that using the alternative standard would more effectively further the goals of the bill. This bill would require the state board, on or before July 1, 2027, to contract with the University of California, the California State University, a national laboratory, or another equivalent academic institution to prepare a report on the public disclosures made by reporting entities to the emissions reporting organization. The bill would require, in preparing the report, consideration to be given to, at a minimum, greenhouse gas emissions from reporting entities in the context of state greenhouse gas emissions reduction and climate goals. The bill would require the state board to provide the report to the emissions reporting organization to post on a digital platform that would be required to be created by the emissions reporting organization, and publicly accessible, to house the state board's report and the reporting entities' public disclosures. The bill would require the emissions reporting organization to provide the state board's report to the relevant policy committees of the Legislature. This bill would require a reporting entity, upon filing its disclosure, to pay to the state board an annual fee set by the state board, as provided. The bill would create the Climate Accountability and Emissions Disclosure Fund, require the proceeds of the fees to be deposited in the fund, and continuously appropriate the moneys in the fund to the state board for purposes of the bill. By creating a continuously appropriated fund, the bill would create an appropriation. The bill would require the state board to adopt regulations that authorize it to seek administrative penalties for violations of these provisions, as specified.

Signed into law Oct 7, 2023 1 co-sponsor
Co-sponsor SB 770
Signed into law · California Senate · Co-sponsor
Health care: unified health care financing.

Prior state law established the Healthy California for All Commission for the purpose of developing a plan towards the goal of achieving a health care delivery system in California that provides coverage and access through a unified health care financing system for all Californians, including, among other options, a single-payer financing system. This bill would direct the Secretary of the California Health and Human Services Agency to research, develop, and pursue discussions of a waiver framework in consultation with the federal government with the objective of a health care system that incorporates specified features and objectives, including, among others, a comprehensive package of medical, behavioral health, pharmaceutical, dental, and vision benefits, and the absence of cost sharing for essential services and treatments. The bill would further require the secretary to engage specified stakeholders to provide input on topics related to discussions with the federal government and key design issues, as specified. The bill would require the secretary, no later than January 1, 2025, to provide an interim report to specified committees of the Legislature and propose statutory language to the chairs of those committees authorizing the development and submission of applications to the federal government for waivers necessary to implement a unified health care financing system. The bill would require the secretary, no later than June 1, 2025, to complete drafting the waiver framework, make the draft available to the public on the agency's internet website, and hold a 45-day public comment period thereafter. The bill would require the secretary, no later than November 1, 2025, to provide the Legislature and the Governor with a report that communicates the finalized waiver framework, as specified, and sets forth the specific elements to be included in a formal waiver application to establish a unified health care financing system, as specified. The bill would also include findings and declarations of the Legislature related to the implementation of a unified health care financing system.

Signed into law Oct 7, 2023 1 co-sponsor
Co-sponsor AB 1373
Signed into law · California House · Co-sponsor
Energy.

(1) Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) , in consultation with specified entities, to adopt a biennial integrated energy policy report containing certain information, including an overview of major energy trends and issues facing the state. This bill would require, as part of the 2025 edition of the integrated energy policy report, the Energy Commission, in consultation with the Public Utilities Commission (PUC) , to assess barriers to electricity interconnection and energization and provide recommendations on how to accelerate those processes, as appropriate. Existing law establishes the Voluntary Offshore Wind and Coastal Resources Protection Program that is administered by the Energy Commission for the purpose of supporting state activities that complement and are in furtherance of federal laws related to the development of offshore wind facilities and requires the program to award moneys to public and private entities through various mechanisms. Existing law authorizes the Energy Commission to allocate moneys under the program for various purposes. The bill would additionally authorize the Energy Commission to allocate moneys under the program for workforce development grants in consultation with the California Workforce Development Board. (2) Existing law requires the PUC to identify a diverse and balanced portfolio of resources needed to ensure a reliable electricity supply that provides optimal integration of renewable energy in a cost-effective manner. Existing law requires the PUC to adopt a process for each electrical corporation, electric service provider, or community choice aggregator to file an integrated resource plan and a schedule for periodic updates to the plan, and to ensure that those entities meet other specified requirements. This bill would require that the portfolio of resources ensure a reliable electricity supply that also provides optimal integration of resource diversity in a cost-effective manner, as specified. The bill would require the PUC, on or before September 1, 2024, and consistent with a certain process and schedule, to determine if there is a need for the procurement of eligible energy resources, as described, would require the PUC to specify the eligible energy resources that should be procured to meet that need, and would authorize the PUC, within 6 months of making that determination, to request the Department of Water Resources to procure those specified resources that meet the portfolio of resources, as specified. The bill would authorize the department to procure those resources pursuant to that request only before January 1, 2035, as provided. The bill would authorize the PUC to order the procurement of resources with specific attributes by electrical corporations, electric service providers, and community choice aggregators as a result of the integrated resource planning process and require the PUC to enforce any resource procurement requirements on a nondiscriminatory basis. (3) Existing law prohibits an electrical corporation from beginning the construction of, among other things, a line, plant, or system, or of any extension thereof, without having first obtained from the PUC a certificate that the present or future public convenience and necessity require or will require that construction. Under existing law, the extension, expansion, upgrade, or other modification of an existing electrical transmission facility, including transmission lines and substations, does not require a certificate that the present or future public convenience and necessity requires or will require its construction. This bill would require the PUC, in a proceeding evaluating the issuance of a certificate of public convenience and necessity for a proposed transmission project, to establish a rebuttable presumption with regard to need for the proposed transmission project in favor of an Independent System Operator governing board-approved need evaluation if specified requirements are satisfied. (4) Existing law requires each local publicly owned electric utility serving end-use customers to prudently plan for and procure resources that are adequate to meet its planning reserve margin and peak demand and operating reserves, sufficient to provide reliable electric service to its customers. This bill would authorize a local publicly owned electric utility to meet its minimum planning reserve margin through individual contractual procurement or through an aggregated or pooled portfolio of resources, as specified. (5) Existing law establishes the Department of Water Resources Electricity Supply Reliability Reserve Fund and continuously appropriates moneys in the fund to the department for purposes of (A) implementing projects, purchases, and contracts to carry out specified purposes, (B) constructing, owning, and operating, or contracting for the construction and operation of, contracting for the purchase of electricity from, or financing through loans, reimbursement agreements, or other contracts actions to secure resources for summer reliability or to preserve the option to extend the life of specified facilities, and (C) reimbursing electrical corporations for the value of imported energy or import capacity products that were delivered or capable of being delivered between July 1, 2022, and on or before October 31, 2023, and were procured at above-market costs or in excess of procurement authorizations set by the PUC and above the requirements needed to serve the electrical corporation's bundled customers in support of summer electric service reliability. This bill would require the PUC, on and before June 30, 2027, if the department determines that resources it procured through the Electricity Supply Strategic Reliability Reserve Program were used in a given month to meet a load-serving entity's identified reliability need, to annually assess a capacity payment on each load-serving entity that during that same month fails to meet its system resource adequacy requirements, as specified. The bill would require the Energy Commission, on or before January 31, 2024, in consultation with the PUC, to submit a report to the appropriate policy and budget committees of the Legislature that includes an assessment of whether each local publicly owned electric utility exceeded, met, or failed to meet its minimum planning reserve margin and specified system resource adequacy requirements. Upon the submission of that report, the bill would require the executive director of the Energy Commission, on and before June 30, 2027, if the department determines that resources it procured through the Electricity Supply Strategic Reliability Reserve Program were used in a given month to meet an identified reliability need, to annually assess a capacity payment on each local publicly owned electric utility in the Independent System Operator balancing area that during that same month fails to meet its minimum planning reserve margin, as specified. The bill would authorize the Energy Commission to adopt regulations for this purpose, as specified. The bill would establish the Load-Serving Entity Capacity Payment Account and the Local Publicly Owned Electric Utility Capacity Payment Account in the Department of Water Resources Electricity Supply Reliability Reserve Fund, and would specify that moneys in those accounts would, upon appropriation by the Legislature, be used for certain purposes. The bill would require capacity payments collected by the department from load-serving entities and local publicly owned electric utilities to be deposited into those 2 accounts, as provided. This bill would require the PUC, if the PUC requests the department to procure eligible energy resources and the department elects to conduct competitive solicitations or enter into contracts for eligible energy resources, to develop and adopt procedures and requirements that govern competitive procurement by, obligations on, and recovery of costs incurred by the department. The bill would require the department, in evaluating bids received through a solicitation to consider certain factors. The bill would require bids for the development of an eligible energy resource project to include the bidder's certification that certain labor requirements are met and that a skilled and trained workforce will be used to perform all construction work on the eligible energy resource project, as provided. The bill would, at the request of the department, authorize the PUC to require an electrical corporation to act as the agent for the department or to assist the department in conducting the solicitation, bid evaluation, or contract negotiation for new eligible energy resource procurement. The bill would authorize the department to establish a schedule and mechanism for a local publicly owned electric utility to voluntarily obtain from the department eligible energy resources to be acquired by the department through its central procurement function on a contract-by-contract basis. The bill would provide electrical corporations, electric service providers, and community choice aggregators with a voluntary option to obtain incremental eligible energy resources from the department, as provided. At the request of the department, the bill would authorize the PUC to order an electrical corporation to transmit or provide for the transmission of, and distribute all electricity made available by the department, and, as an agent of the department, to provide billing, collection, and other related services on terms and conditions that reasonably compensate the electrical corporation for its services and adequately secure payment to the department. The bill would establish the Eligible Energy Resource Central Procurement Fund and continuously appropriate moneys in the fund to the department for specified purposes. By establishing a continuously appropriated fund, the bill would make an appropriation. The bill would require that all moneys collected by electrical corporations, electric service providers, community choice aggregators, and local publicly owned electric utilities and remitted to the department for eligible energy resources, and all moneys paid directly or indirectly to or for the account of the department for any sale, exchange, transfer, or disposition of those resources, be deposited into the fund. The bill would authorize the department, upon determining that it is necessary or desirable to issue bonds to support activities for the procurement of eligible energy resources, to issue bonds for purposes of, among other things, financing the procurement of those resources supporting the fund and other related expenses incurred by the department, as specified. The bill would authorize the department to adopt regulations for purposes of administering these provisions. (6) This bill would provide that, upon appropriation by the Legislature, the sum of no less than $6,000,000 from the General Fund is available in the 2024–25 fiscal year to support comprehensive, regional baseline environmental monitoring and research into the impacts of prospective offshore wind energy development in and around regions in which offshore wind energy areas have been leased by the Bureau of Ocean Energy Management of the United States Department of the Interior, pending future legislation. The bill would provide that, upon appropriation by the Legislature, additional moneys from the General Fund will be made available for the 2024–25 fiscal year and subsequent fiscal years to support the California Coastal Commission's coastal development permitting of prospective offshore wind energy development in and around regions in which offshore wind energy areas have been leased by the bureau, pending future legislation. The bill would state the intent of the Legislature to appropriate additional resources for environmental permitting and related needs across applicable state entities upon the submission and review of a specified assessment. (7) Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime. Because certain of the above provisions would be part of the act and a violation of a PUC action implementing this bill's requirements would be 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. (8) This bill would declare that it is to take effect immediately as an urgency statute.

Signed into law Oct 7, 2023 1 co-sponsor
Co-sponsor AB 34
Signed into law · California House · Co-sponsor
Elections: County of Orange Citizens Redistricting Commission.

Existing law requires the board of supervisors, following a county's decision to elect its board using district-based elections or following each decennial federal census for a county whose board is already elected using district-based elections, by ordinance or resolution, to adjust the boundaries of all of the supervisorial districts of the county so that the districts are as nearly equal in population as possible and comply with applicable federal law, and specifies the procedures the board of supervisors must follow in adjusting those boundaries. Existing law establishes the Citizens Redistricting Commission in the County of Riverside and the Citizens Redistricting Commission in the County of Fresno, which are charged with adjusting the supervisorial district boundaries for their respective counties. This bill would establish the Citizens Redistricting Commission in the County of Orange, which would be charged with adjusting the boundary lines of the districts of the Board of Supervisors of the County of Orange in accordance with specified criteria. The commission would consist of 14 voting members and 2 nonvoting, alternate members who meet specified qualifications. The bill would require each commission member to attend all public hearings and meetings of the commission, except as specified, and would create specified procedures by which the commission may remove a member for substantial neglect of duty, gross misconduct of office, inability to discharge the duties of the office, or if it is later discovered that the commission member did not meet the required qualifications at the time of appointment or no longer meets those qualifications while serving on the commission. The bill would provide that if the commission is unable to act because it does not have nine voting members to constitute a quorum, then the Auditor-Controller of the County of Orange and the commission must fill the vacancies to bring the commission to nine voting members, as specified. By increasing the duties on local officials, the bill would impose a state-mandated local program. If Assembly Bill 1248 of the 2023–24 Regular Session is enacted and takes effect on or before January 1, 2024, this bill would provide that the provisions of AB 1248 do not apply to the Citizens Redistricting Commission in the County of Orange, which instead would be governed by the provisions of this bill. If Assembly Bill 764 of the 2023–24 Regular Session is enacted and takes effect on or before January 1, 2024, this bill would make conforming changes as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the unique circumstances facing the County of Orange. 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.

Signed into law Oct 7, 2023 1 co-sponsor
Co-sponsor AB 1327
Signed into law · California House · Co-sponsor
Interscholastic athletics: California Interscholastic Federation: racial discrimination, harassment, or hazing.

Existing law describes the California Interscholastic Federation as a voluntary organization that consists of school and school-related personnel with responsibility for administering interscholastic athletic activities in secondary schools, and sets forth the Legislature's intent regarding the California Interscholastic Federation's implementation of certain policies. Existing law requires the California Interscholastic Federation, on or before January 1, 2023, and on or before January 1 every 7 years thereafter, to report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability activities undertaken pursuant to specified provisions. Upon receiving a report from the California Interscholastic Federation, existing law requires the appropriate policy committees of the Legislature to hold a joint hearing, and requires the California Interscholastic Federation to testify on information in the report, as provided. This bill would require the California Interscholastic Federation to, during years in which the California Interscholastic Federation is not required to submit a report, and at the request of the appropriate policy committees of the Legislature, make itself available for hearings regarding the information that is covered by the report. The bill would require the State Department of Education, on or before January 1, 2025, to develop, in consultation with relevant stakeholders, a standardized incident form to track racial discrimination, harassment, or hazing, as defined, that occurs at high school sporting games or sporting events, and annually report the information from completed incident forms on the department's internet website, as provided. The bill would require a school district, county office of education, or charter school that participates in the California Interscholastic Federation to, on or before April 1, 2025, post the standardized incident form on its internet website and upon request by the department, submit information related to any completed standardized incident forms received by that local educational agency.

Signed into law Oct 7, 2023 1 co-sponsor
Primary SB 475
Signed into law · California Senate · Lead sponsor
Park property: City of Laguna Woods: City Centre Park.

The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, approved by the voters as Proposition 40 at the March 5, 2022, statewide primary election, authorizes the issuance of bonds for the purpose of financing certain acquisition and development projects, including local assistance programs for the acquisition and development of neighborhood, community, and regional parks and recreation areas, as specified. This bill would authorize the City of Laguna Woods, until January 1, 2026, to remove from public recreation use, and use as a fire station and for public safety purposes, a portion of City Centre Park improved with grant moneys from the bond act described above, subject to the reinvestment of $212,000 in capital improvements in the remaining City Centre Park, to be used for park purposes, and at no cost to the state, as provided. The bill would require that the plan for capital improvements be approved by the Department of Parks and Recreation before the improvements are made. The bill would also require the capital improvements to be completed within 3 years of the department's approval of the plan. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Laguna Woods.

Signed into law Sep 30, 2023 0 co-sponsors
Primary SB 704
Signed into law · California Senate · Lead sponsor
Coastal resources: California Coastal Act of 1976: industrial developments: oil and gas developments: refineries: petrochemical facilities: offshore wind.

(1) The California Coastal Act of 1976 regulates development along the state's coast. The act requires that coastal-dependent industrial facilities be encouraged to locate or expand within existing sites and be permitted reasonable long-term growth where consistent with the act, and, where new or expanded coastal-dependent industrial facilities cannot feasibly be accommodated consistent with other policies of the act, they may nevertheless be permitted if (A) alternative locations are infeasible or more environmentally damaging, (B) to do otherwise would adversely affect the public welfare, and (C) adverse environmental effects are mitigated to the maximum extent feasible. The act requires that oil and gas development be permitted in accordance with the requirements for coastal-dependent industrial facilities, if specified conditions relating to safety and environmental mitigation are met. This bill would prohibit new or expanded oil and gas development from being considered a coastal-dependent industrial facility, as provided, and would permit those developments only if they are found to be consistent with all applicable provisions of the Act and certain conditions are met. The bill would authorize the repair and maintenance of existing oil and gas facilities to be permitted in accordance with the requirements for coastal-dependent industrial facilities, but would authorize that permitting only if the repair or maintenance does not result in expansion of capacity of the facility and the same conditions are met. (2) The act requires the permitting of new or expanded refineries or petrochemical facilities not otherwise consistent with the act if, among other conditions, it is found that not permitting the development would adversely affect the public welfare. This bill would prohibit new or expanded refineries or petrochemical facilities from being permitted as coastal-dependent industrial facilities, as provided, and would authorize the permitting of those facilities only if they are found to be consistent with all applicable provisions of the act. The bill would authorize the repair and maintenance of existing refineries or petrochemical facilities as coastal-dependent industrial facilities only if specified conditions are met, including that there would be no expansion of capacity. The bill would authorize the development of facilities for the purpose of producing low-carbon fuels at an existing refinery or petrochemical facility in accordance with the requirements for permitting coastal-dependent industrial facilities, subject to these same conditions. (3) By creating additional duties for local governments, the bill would impose a state-mandated local program. (4) The act makes legislative findings and declarations relating to the California Coastal Commission and legislative findings and declarations relating to the ports of California, as provided. This bill would revise these legislative findings and declarations to include provisions relating to offshore wind development and offshore wind energy generation facilities. (5) 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.

Signed into law Sep 30, 2023 0 co-sponsors
Co-sponsor AB 508
Signed into law · California House · Co-sponsor
Probation: environmental crimes.

Existing law authorizes courts generally to suspend a criminal sentence and make and enforce terms of probation for a period not to exceed 2 years. Existing law authorizes courts in misdemeanor cases to suspend a sentence and make and enforce terms of probation for a period not to exceed one year. This bill would instead authorize a court, for entities with more than 10 employees, to impose a period of probation for a maximum period of 5 years in specified crimes relating to, among other things, dumping in waterways, pesticides, oil dumping and spills, waste management, and animal cruelty. By expanding the punishment for 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.

Signed into law Sep 30, 2023 1 co-sponsor
Co-sponsor SB 345
Signed into law · California Senate · Co-sponsor
Health care services: legally protected health care activities.

(1) Existing law provides for the licensure and regulation of various categories of medical professionals by boards within the Department of Consumer Affairs, including, among others, the Medical Board of California and the Dental Board of California. Existing law makes specified actions by licensed health care providers unprofessional conduct and, in certain cases, a criminal offense. This bill would prohibit a healing arts board, as defined, from denying an application for a license or imposing discipline upon a licensee or health care practitioner on the basis of a civil judgment, criminal conviction, or disciplinary action in another state if that judgment, conviction, or disciplinary action is based solely on the application of another state's law that interferes with a person's right to receive sensitive services, as defined, that would be lawful if provided in this state, regardless of the patient's location. The bill would further provide that the performance, recommendation, or provision of a legally protected health care activity by a licensee or health care practitioner acting within their scope of practice for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, does not, by itself, constitute professional misconduct, upon which discipline or other penalty may be taken. In this connection, the bill would define a "legally protected health care activity" to mean specified acts, including, among others, the exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights related to reproductive health care services or gender-affirming health care services secured by the Constitution or laws of this state or the provision of by a health care service plan contract or a policy, or a certificate of health insurance, that provides for those services. (2) Existing law, the Confidentiality of Medical Information Act, generally prohibits a health care provider, health care service plan, contractor, or corporation from sharing, selling, using for marketing, or otherwise using medical information for a purpose not necessary to provide health care services to the patient. This bill would prohibit a person or business from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, as defined, except as necessary to perform the services or provide the goods requested. The bill would prohibit the sale or sharing of this information. The bill would authorize an aggrieved person or entity to institute and prosecute a civil action for a violation of these provisions and specify damages and costs authorized to be recovered. The bill would specify these provisions do not apply to a provider of health care, a health care service plan, or a contractor, as defined. (3) Existing law, the Reproductive Privacy Act, declares as contrary to the public policy of this state a law of another state that authorizes a person to bring a civil action against a person or entity that engages in certain activities relating to obtaining or performing an abortion. Existing law prohibits the state from applying an out-of-state law described above to a case or controversy in state court or enforcing or satisfying a civil judgment under the out-of-state law. This bill would state that California law governs in any action against a person who provides or receives by any means, including telehealth, reproductive health care services or gender-affirming health care services, as specified, if the care was legal in the state in which it was provided at the time of the challenged conduct. The bill would state that interference with the right to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, as those terms are defined, is against the public policy of California. The bill would declare as a violation of public policy a public act or record of a foreign jurisdiction that, among other things, authorizes a person to bring a civil action against a person, provider, or other entity in California for, among other acts, seeking or providing reproductive health care services, gender-affirming health care services, or gender-affirmative mental health care services. The bill would declare the intent of the Legislature that nothing in the bill be interpreted to undermine or decrease any existing protections under California law. The bill would authorize a person to institute a civil action against a person who engages in abusive litigation, as defined, that infringes on or interferes with a legally protected health care activity, among other things. The bill would specify damages and costs authorized to be recovered and would specify circumstances under which a court may exercise jurisdiction over a person in such a civil action. The bill would authorize an aggrieved person, provider, or other entity, as defined, to move to modify or quash a subpoena issued in connection with abusive litigation. The bill would specify the laws of California govern in a case or controversy heard in California related to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, except as required by federal law. (4) Existing law permits a judgment creditor to apply for the entry of a judgment based on a sister state judgment by filing an application with a superior court and requires the court clerk to enter a judgment based on the application. Existing law also requires courts to grant a stay enforcement of such a judgment under specified circumstances. This bill would additionally require a court to grant a stay of enforcement of a sister state judgment if a money judgment or lien on real property was obtained for the exercise of a right guaranteed by the United States Constitution, a right guaranteed by the California Constitution, or against a person or entity for aiding and abetting the exercise of those rights, as specified. (5) Existing law prohibits an abortion from being performed upon an unemancipated minor unless she first has given her written consent to the abortion and also has obtained the written consent of one of her parents or legal guardian. Existing law provides specified judicial procedures to be followed if one or both of the unemancipated pregnant minor's or her guardian refuse to consent or if the minor elects not to seek their consent. This bill would repeal these provisions. (6) Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law creates an exemption for a person who commits an act that results in the death of a fetus under specific circumstances, including if the act is solicited, aided, abetted, or consented to by the person pregnant with the fetus. This bill would expand that exemption to include a person pregnant with a fetus who committed the act that resulted in the death of the fetus. (7) Existing law prohibits a state or local law enforcement agency or officer from knowingly arresting or knowingly participating in the arrest of any person for performing, supporting, or aiding in the performance of an abortion or for obtaining an abortion, if the abortion is lawful in this state. Existing law prohibits a state or local public agency from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a lawful abortion. This bill would additionally prohibit a state or local government employee or a person acting on behalf of the local or state government, among others, from providing information or expending resources in furtherance of an investigation that seeks to impose civil or criminal liability or professional sanctions on an individual for a legally protected health care activity that occurred in this state or that would be legal if it occurred in this state. The bill would require any out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, or other legal process to include an affidavit or declaration under penalty of perjury that the discovery request is not in connection with an out-of-state proceeding relating to a legally protected health care activity, except as specified. By requiring an individual seeking to discovery under these provisions to declare certain conditions are present under penalty of perjury, this bill would expand the crime of perjury and impose a state-mandated local program. (8) Existing law authorizes a magistrate to issue a warrant, upon application by a bail bondsman, as described, for an individual fleeing bail in another state and found in this state upon a finding of probable cause for believing that the person is a fugitive. Existing law makes it a misdemeanor to take a person who is a fugitive admitted to bail in another state into custody, except pursuant to a magistrate's order. This bill would prohibit a magistrate from issuing a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipient's location. The bill would make a bail bondsman who takes such an individual into custody without a warrant guilty of an infraction punishable by a fine of $5,000 and ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. By creating a new crime, this bill would create a state-mandated local program. (9) Existing law, the Bail Fugitive Recovery Persons Act, prohibits a person, other than a certified law enforcement officer, from apprehending, detaining, or arresting a bail fugitive unless the person is a licensed bail fugitive recovery agent, or both a bail licensee and private investigator who are also bail fugitive recovery agents. Existing law makes a violation of the Bail Fugitive Recovery Persons Act a misdemeanor. This bill would prohibit a person authorized under the act from apprehending, detaining, or arresting a bail fugitive who has been admitted to bail in another state and whose alleged offense or conviction is for the violation of a law of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, abortion, contraception, or gender-affirming care, if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipient's location. The bill would make a violation of this provision an infraction punishable by a fine of $5,000 and make the authorized individual ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. By expanding the application of a crime, this bill would create a state-mandated local program. (10) Existing law establishes a process by which a material witness in this state may be ordered to attend and testify in a pending prosecution or grand jury in another state. This bill would prohibit a judge from ordering a witness to appear pursuant to these provisions if the criminal prosecution is based on the laws of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state. (11) 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 and individuals. Existing federal law establishes the federal Supplemental Nutrition Assistance Program (SNAP) , known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal regulations disqualify a fleeing felon, as defined, from receiving benefits under the CalFresh program. This bill would require a determination that a person is fleeing to avoid prosecution for purposes of eligibility in the CalWORKs program if a federal, state, or local law enforcement officer in their official capacity presents an outstanding felony arrest warrant containing specified National Crime Information Center Uniform Offense Classification Codes. (12) Existing law refers to "unborn children" and "unborn persons" in various contexts, including, among others, defining low-risk pregnancy conditions for determining the scope of authorization of a certificate to practice nurse-midwifery, defining active labor for health facility licensing provisions, and defining spouse for California State Teachers' Retirement System benefits. This bill would replace "unborn child" and "unborn person" with "fetus" in those provisions. (13) Existing law also refers to "unborn persons" in various contexts, including naming unknown defendants in real property actions, allowing a court to appoint a guardian ad litem to advocate for inadequately represented interests in probate proceedings, allowing a guardian ad litem to give consent on behalf of a beneficiary who lacks legal capacity, and providing an exception for requiring a personal representative to file an account of the distributions of a decedent's estate. This bill would replace "unborn person" with "unborn beneficiary" in those provisions. (14) 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. (15) This bill would incorporate additional changes to Section 2746.5 of the Business and Professions Code proposed by SB 667 to be operative only if this bill and SB 667 are enacted and this bill is enacted last.

Signed into law Sep 27, 2023 1 co-sponsor
Co-sponsor AB 571
Signed into law · California House · Co-sponsor
Medical malpractice insurance.

Existing law generally regulates classes of insurance, including liability insurance. Existing law defines "liability insurance" to include, among other things, insurance coverage against the legal liability of the insured, and against loss, damage, or expense incident to a claim arising out of the death or injury of any person as the result of negligence or malpractice in rendering professional services by any person who holds a certificate or license issued pursuant to the Medical Practice Act or the Osteopathic Initiative Act, or a license as a community clinic or health facility, as specified. This bill would prohibit an insurer from refusing to issue or renew or terminating professional liability insurance for health care providers, as specified, and from imposing a surcharge or increasing the premium or deductible solely based on any prohibited bases for discrimination, including a health care provider offering or performing abortion, contraception, gender-affirming health care, or care related to those health care services that are lawful in this state but unlawful in another state. The bill would prohibit an insurer from denying coverage for liability for damages arising from offering or performing abortion, contraception, gender-affirming health care, or care related to those health care services, if those services are within the scope of the insured's license, the services are lawful in the state where they are offered or performed, and the policy would otherwise cover liability for damages arising from performing or rendering other professional services within the insured's scope of license.

Signed into law Sep 27, 2023 1 co-sponsor
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