(1) The Guardianship-Conservatorship Law generally establishes the standards and procedures for the appointment and termination of an appointment for a guardian or conservator of a person, an estate, or both. Existing law provides for the appointment of a professional fiduciary to manage an estate or trust or administer a guardianship or conservatorship. Existing law authorizes the conservator of the estate of a disabled attorney to petition for the appointment of an active member of the State Bar of California to take control of the files and assets of the practice of the disabled member. Existing law also authorizes the personal representative of the estate of a deceased attorney who was engaged in a practice of law at the time of the attorney's death or other person interested in the estate to petition for appointment of an active member of the State Bar of California to take control of the files and assets of the practice of the deceased member. This bill similarly would authorize specified parties, commencing January 1, 2024, to petition for the appointment of a professional fiduciary practice administrator, as defined, to act as a temporary professional fiduciary when a professional fiduciary either becomes incapacitated or dies and a vacancy exists, as defined. The bill would require notice of the hearing on the petition for appointment of a professional fiduciary practice administrator as temporary successor to be given to all persons entitled to notice in each of the matters that are the subject of the petition, as specified. The bill would authorize the court to appoint the professional fiduciary practice administrator, as prescribed, and to require the professional fiduciary practice administrator to file a surety bond in each matter in which they are appointed temporary successor. The bill would require the appointment of the professional fiduciary practice administrator to terminate, in each of the matters on which the professional fiduciary practice administrator was appointed as a temporary successor, 45 days after the entry of the order appointing the professional fiduciary practice administrator, except as specified. The bill would set forth compensation requirements for the professional fiduciary practice administrator. The bill would also require the professional fiduciary practice administrator to provide written notice to all interested parties to advise those parties of the necessity and process for the appointment of a permanent successor, as specified. The bill would authorize the court to extend any of the time periods prescribed in the bill if the court determines that good cause exists, and that the extension is in the best interest of the minor, the conservatee, the decedent's estate, or the current income beneficiaries under a trust, as applicable. The bill would specify that the bill does not limit the authority granted to a court to remove or replace a guardian or conservator, personal representative, or trustee in accordance with specified provisions. The bill would require the Judicial Council to create or revise any forms or rules necessary to implement its provisions, no later than January 1, 2024. (2) Existing law, until January 1, 2024, establishes the Professional Fiduciaries Bureau within the Department of Consumer Affairs, and requires the bureau to license and regulate professional fiduciaries, as defined. Existing law requires the bureau to maintain specified information in a licensed professional fiduciary's file and requires a licensee to annually file a statement with the bureau, under penalty of perjury, that contains specified information, including whether the licensee has been removed for cause as a conservator, guardian, trustee, personal representative, agent under durable power of attorney for health care, or agent under a durable power of attorney for finances. This bill would expand the definition of "professional fiduciary" to make these provisions applicable to professional fiduciary practice administrators, including the requirement to annually report under penalty of perjury. The bill would require a licensee to disclose, and the bureau to maintain in the licensee's record, whether the licensee has ever been removed for cause from a position arising from an appointment as a professional fiduciary practice administrator. By expanding the crime of perjury, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Sections 6534 and 6561 of the Business and Professions Code proposed by SB 1495 to be operative only if this bill and SB 1495 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.
Sponsored bills
Existing law provides for the licensure and regulation of health facilities, including skilled nursing facilities and intermediate care facilities, by the State Department of Public Health. Existing law requires skilled nursing facilities and intermediate care facilities to have written policies regarding the rights of patients. This bill would add to these rights the right of every resident to receive the information that is material to an individual's informed consent decision concerning whether to accept or refuse the administration of psychotherapeutic drugs, as specified. This bill would also add the right to be free from psychotherapeutic drugs used for the purpose of resident discipline, convenience, or chemical restraint, except in an emergency that threatens to cause immediate injury to the resident or others. This bill would make the prescriber responsible for disclosing the material information relating to psychotherapeutic drugs to the resident and obtaining their informed consent, as defined. The bill would require facility staff to verify that a resident's health record contains a signed, written consent form before initiating treatment with psychotherapeutic drugs. The bill would require the facility, within 6 months after the consent form is signed, and every 6 months thereafter, to provide a written notice to the resident and their representative of any recommended dosage adjustments and the resident's right to revoke consent, as specified. The bill would permit the use of remote technology, including telehealth, to allow a prescriber to examine and obtain informed written consent. The bill would declare the willful or repeated violation of these provisions to be punishable as a misdemeanor. By establishing a new crime, the bill would create a state-mandated local program. The bill would require the State Department of Public Health, upon appropriation by the Legislature from the State Health Facilities Citation Penalties Account, to develop an informed consent form, a model disclosure statement for providing informed consent regarding the use of psychotherapeutic medication, and a model notification statement of the right to withdraw informed consent. The bill would require the informed consent form to be available to skilled nursing facilities and intermediate care facilities by December 31, 2023, and would exempt the skilled nursing facilities from this requirement until the informed consent form is available. This bill would also require the State Department of Public Health to inspect for compliance with the informed consent requirements described above during prescribed inspections. 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 authorizes area agencies on aging and other county agencies that provide services to older adults through an established multidisciplinary team to provide information regarding older adult clients only to other county agencies with staff designated as members of a multidisciplinary team that are, or may be, providing services to the same individuals for purposes of identifying and coordinating the treatment of individuals served by more than one agency. This bill would specifically authorize an area agency on aging or a county, or both, to establish an aging multidisciplinary personnel team, as defined, with the goal of facilitating the expedited identification, assessment, and linkage of older adults to services and to allow provider agencies and members of the personnel team to share confidential information, as specified, for the purpose of coordinating services. Under the bill, any discussion relative to the disclosure or exchange of the information or writings during a team meeting would be confidential and testimony concerning that discussion would not be admissible in any criminal, civil, or juvenile court proceeding. The bill would require the sharing of information permitted under these provisions to be governed by protocols developed by each area agency on aging or county, as specified, and would require each area agency on aging or county to provide a copy of its protocols to the California Department of Aging. The bill would require the protocols to include a requirement that, unless otherwise permitted by law, an area agency on aging or county obtain the affirmative consent of an individual or their representative before the individual's information is shared and a requirement to notify an individual, among other things, that they may opt out of sharing information at any time. This bill would authorize the aging multidisciplinary personnel team to designate qualified persons to be members of the team for a particular case and would require every member who receives information or records regarding adults and families in their capacity as a member of the team to be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The bill would also require the information or records to be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights. 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. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of each house of the Legislature to exclude any relevant evidence from any criminal proceeding or any trial or hearing of a juvenile for a criminal offense, as specified. Because this bill would exclude from a criminal or juvenile court proceeding any discussion relative to the disclosure or exchange of information or writings during an aging multidisciplinary personnel team meeting, which would otherwise be admissible, it requires a 23 vote of each house of the Legislature.
Existing law, the California Emergency Services Act (CESA) , among other things, authorizes the Governor to proclaim a state of emergency under certain circumstances and provides that a state of war emergency exists, with or without proclamation by the Governor, when specified conditions exist. During a state of war emergency or a state of emergency, the CESA authorizes the Governor to suspend any regulatory statute, or statute prescribing the procedure for the conduct of state business, or the orders, rules, or regulations of any state agency where the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency. During a state of emergency, the CESA also authorizes the Governor to temporarily suspend any state, county, city, or special district statute, ordinance, regulation, or rule imposing nonsafety related restrictions on the delivery of food products, pharmaceuticals, and other emergency essentials distributed through retail or institutional channels, as provided, until the termination of the state of emergency, or for a period of 60 days, whichever occurs first. If the Governor has proclaimed a state of emergency and the President has declared an emergency or a major disaster to exist in this state, the CESA also authorizes the Governor to, among other things, temporarily suspend or modify, for up to 60 days, public health, safety, zoning, or intrastate transportation laws, ordinances, or regulations if the Governor declares that the suspension or modification is essential to provide temporary housing for disaster victims. This bill would provide that the Governor may only suspend a statute or regulation during a state of emergency or state of war emergency, as described above, in connection with the specific conditions of emergency proclaimed by the Governor or state of war emergency, as applicable. With respect to the temporary suspension of statutes, ordinances, regulations, or rules imposing nonsafety related restrictions on emergency essentials, as described above, the bill would provide that the Governor may only temporarily suspend those statutes, ordinances, regulations, or rules in connection with the specific conditions of emergency proclaimed by the Governor. With respect to laws, ordinances, or regulations temporarily suspended or modified to provide temporary housing, as described above, the bill would provide that the Governor may only temporarily suspend those laws, ordinances, or regulations in connection with the specific conditions of emergency proclaimed by the Governor and declared by the President to be an emergency or major disaster. The bill would also make conforming and other nonsubstantive changes.
(1) Existing law generally requires motor vehicles that are operated or used exclusively off the highways to be issued and display an identification plate or device issued by the Department of Motor Vehicles. Under existing law, certain vehicles are exempt from this requirement, including 4-wheeled motor vehicles operated solely in organized racing or competitive events upon a closed course, as specified. Existing law permits a motorcycle issued a special transportation identification device to be transported on a highway to and from a closed course. Existing law authorizes a special transportation identification device to be issued upon payment of a fee. This bill, effective January 1, 2027, would repeal provisions relating to special transportation identification devices for motorcycles and corresponding fees, and would make other related conforming changes. The bill would additionally provide that competition all-terrain vehicles (ATVs) are not exempt from identification, pursuant to vehicle identification requirements prescribed by the bill. (2) Existing law requires the Department of Motor Vehicles, upon identifying an off-highway motor vehicle subject to identification, to issue to the owner a suitable identification plate or device that is capable of being attached to the vehicle, as specified. Existing law requires the department to determine the size, color, and letters or number of the identification plate or device issued for off-highway motor vehicles. A violation of the Vehicle Code is punishable as an infraction. This bill, commencing on January 1, 2027, would require, for the issuance or renewal of a competition identification, a specified configuration for the vehicle identification number and product identification number for an off-highway motor vehicle or ATV that is model year 2022 or later and is used solely for competition not on a public highway. (3) Existing law requires all identification plates or devices to be displayed in a specified manner, including on the left fork leg of a motorcycle, either horizontal or vertical, and visible from the left side of the motorcycle. This bill would require that a competition motorcycle display that identification plate or device on the left side of the motorcycle, commencing January 1, 2027. Because a violation of this requirement would be a crime, the bill would impose a state-mandated local program. (4) Existing law generally imposes specified fees on off-highway motor vehicles, including, among others, a service fee of $7 for the issuance or renewal of identification of off-highway motor vehicles subject to identification and a special fee of $33 paid at the time of payment of the service fee. Existing law requires the special fees, specified use fees for state vehicular recreation areas, and other specified funds to be deposited in the Off-Highway Vehicle Trust Fund, and requires moneys in the fund, upon appropriation, to be allocated for specified purposes related to off-highway recreation. This bill, commencing January 1, 2027, would instead impose specified fees on competition motorcycles and ATVs model year 2022 and newer, including a special fee of $42 for those vehicles that will be operated on public lands for which funds from the Off-Highway Vehicle Trust Fund have been expended. The bill would require the department to collect that special fee at the time of issuance or renewal of a competition identification, and to deposit the fee in the Off-Highway Vehicle Trust Fund, to be used exclusively for the reasonable costs to the Department of Parks and Recreation related to the activities of those vehicles that are conducted on public lands. The bill would require the reasonable costs of implementing the bill's identification requirements for off-highway motorcycles and ATVs to be reimbursed to the department from the Off-Highway Vehicle Trust Fund, subject to appropriation. (5) Existing law requires an off-highway motor vehicle to meet specified requirements, including, among others, a requirement that the vehicle be equipped with a spark arrester maintained in effective working order. Existing law generally exempts from those requirements certain off-highway motor vehicles being operated in an organized racing or competitive event upon a closed course. This bill, commencing January 1, 2027, would limit those exemptions by requiring competition-identified motorcycles and ATVs to be equipped with a muffler, spark arrester, and silencer or other device that limits noise emissions when operating on public lands. (6) 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, the Alcoholic Beverage Control Act, generally prohibits a manufacturer, winegrower, distiller, bottler, or wholesaler, among other licensees, or agents of these licensees, from paying a retailer for advertising. The act creates a variety of exceptions from this prohibition, including authorizing specified licensees to purchase advertising space and time from, or on behalf of, an on-sale retail licensee that is an owner, manager, or major tenant at an outdoor stadium with a fixed seating capacity of at least 43,000 seats located in the City of San Diego. Existing law makes specified violations of these advertising provisions punishable as a misdemeanor. This bill would authorize specified licensees to purchase advertising space and time from, or on behalf of, an on-sale licensee that is the owner, manager, or major tenant at specified facilities, such as outdoor stadiums, with prescribed fixed seating capacities, which are situated on the campus of San Diego State University (SDSU) , including the SDSU Mission Valley site, located in San Diego County. The bill would require any purchase of advertising space or time pursuant to this provision to be conducted by written contract between the beer manufacturer, the holder of the winegrower's license, the rectifier, the craft distiller, the distilled spirits manufacturer, or the distilled spirits manufacturer's agent and the owner, any long-term tenant of the complex, or licensee of the complex, whether or not the owner, long-term tenant, or licensee holds an on-sale license. By expanding the definition of a crime, this bill would impose a state-mandated local program. (2) This bill would make legislative findings and declarations as to the necessity of a special statute for the campus of SDSU, including the SDSU Mission Valley site, located in the County of San Diego. (3) This bill would incorporate additional changes to Section 25503.6 of the Business and Professions Code proposed by AB 98 and AB 1330 to be operative only if this bill and AB 98, AB 1330, or both are enacted and this bill is enacted last. (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 no reimbursement is required by this act for a specified reason. (5) This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law establishes the Board for Professional Engineers, Land Surveyors, and Geologists, which is within the Department of Consumer Affairs, to license and regulate engineers under the Professional Engineers Act, to license and regulate land surveyors under the Professional Land Surveyors' Act, and to license and regulate geologists and geophysicists under the Geologist and Geophysicist Act. Existing law makes any violation of those acts a misdemeanor. This bill would require an applicant for licensure as an engineer, land surveyor, geologist, or geophysicist, or an applicant for certification as an engineer-, land surveyor-, or geologist-in-training, with a valid email address to report their email address to the board at the time of application, require a license or certificate holder to report their email address at the time of renewal, and require applicants and certificate or license holders to notify the board of any change to an email address, as specified. The bill, in the interest of protecting the privacy of applicants and certificate or license holders, would prohibit the public disclosure of their email addresses pursuant to specified law, except as provided. By expanding the application of a crime under the Professional Engineers Act, the Professional Land Surveyors' Act, and the Geologist and Geophysicist Act, the bill would impose a state-mandated local program. (2) Existing law requires the board, within 60 to 90 days before the expiration of a certificate of registration or certificate of authority, to mail notice of the pending expiration to a registrant or authority holder, as specified. This bill would repeal that provision. (3) Existing law also provides that the Professional Engineers Act and the Professional Land Surveyors' Act do not prevent an individual or business engaged in any line of endeavor other than the practice of civil, electrical, or mechanical engineering or land surveying, respectively, from employing or contracting with an appropriately licensed individual to perform the respective engineering or land surveying services incidental to the conduct of business. This bill would delete that provision and would make conforming changes. (4) Existing law prescribes requirements for the surveying and mapping of plane coordinates within the state, as described. Existing law establishes the system of plane coordinates that has been established by the National Geodetic Survey for defining and stating the positions or locations of points on the surface of the earth within the State of California, as described, known as the "California Coordinate System of 1983." Existing law requires any survey that uses or establishes California Coordinate System of 1983 (CCS83) values to meet specified requirements, including that the survey be referenced to and have field-observed statistically independent connections to one or more horizontal reference stations, as specified. This bill would, starting January 1, 2023, instead require any survey that establishes a CCS83 value to be referenced to and have field-observed statistically independent connections to two or more horizontal reference stations. The bill would make conforming and nonsubstantive changes. (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 no reimbursement is required by this act for a specified reason. (6) 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.
This measure would urge the United States Congress to amend the United States Social Security Administration's index of earnings to ensure that a decline in aggregate wages due to COVID-19 does not result in decreased benefits.
Existing law establishes the State Supplementary Program for the Aged, Blind and Disabled (SSP) , which requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to make payments to SSP recipients to supplement Supplemental Security Income (SSI) payments made available pursuant to the federal Social Security Act. This bill would require the State Department of Social Services to submit, by January 1, 2024, a report to the Legislature that includes recommendations on the administration of the program.
Existing law requires a core recycler that accepts, ships, or sells used catalytic converters to maintain specified information regarding the purchase and sale of the catalytic converters. Existing law prohibits a core recycler from providing payment for a catalytic converter unless the payment is made by check, the check is mailed or provided no earlier than 3 days after the date of sale, unless the seller is a business, and the core recycler obtains a photograph or video of the seller, a written statement regarding the origin of the catalytic converter, and certain other identifying information, as specified. Existing law exempts from this requirement a core recycler that buys used catalytic converters, transmissions, or other parts removed from a vehicle if the core recycler and the seller have a written agreement for the transaction. Existing law requires a core recycler to provide this information for inspection by local law enforcement upon demand. A violation of these provisions is punishable as a misdemeanor. This bill would instead of payment by check, require payment by any traceable method, other than cash. The bill would also provide that the exemption for catalytic converters received pursuant to a written agreement is only valid if the written agreement also includes a regularly updated log or record describing each catalytic converter received under the agreement, as specified. Existing law licenses and regulates motor vehicle dealers and retailers. Existing law prohibits a motor vehicle dealer or retailer from selling any motor vehicle that is not in compliance with the requirements enumerated in the Vehicle Code. This bill would prohibit a dealer or retailer from selling a new or used motor vehicle equipped with a catalytic converter unless the catalytic converter has been permanently marked with the vehicle identification number of the vehicle to which it is attached, as specified. A violation of this provision would be punishable as an infraction. By creating a new infraction and expanding the application of an existing misdemeanor, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 21610 of the Business and Professions Code proposed by SB 1087 and AB 1740 to be operative only if this bill and either or both of those 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.