This measure would, among other things, proclaim the month of July 2022 as California Firefighter Appreciation Month and July 30, 2022, as California Firefighters Memorial Day.
Existing law, as added by the Substance Abuse and Crime Prevention Act of 2000, adopted by voters as Proposition 36 at the November 7, 2000, statewide general election, requires that persons convicted of certain nonviolent drug possession offenses be granted probation and participate in and complete an appropriate drug treatment program as a condition of that probation. After completion of drug treatment and the terms of probation, the act requires the court to conduct a hearing, set aside the conviction, and dismiss the complaint if the court finds, among other requirements, that the defendant successfully completed drug treatment. For purposes of the act, a defendant has successfully completed treatment if they have completed the prescribed course of drug treatment and, as a result, there is reasonable cause to believe that they will not abuse controlled substances in the future. The act allows its amendment by a statute passed by 2/3 of both houses of the Legislature and requires that all amendments further the act and be consistent with its purposes. This bill would amend the act by removing the requirement that there be reasonable cause to believe that the defendant will not abuse controlled substances in the future in order to be considered as having successfully completed treatment. Existing law requires the court, when granting probation after conviction of any controlled substance offense, as specified, to order as a condition of probation that the defendant secure education or treatment from a local community agency designated by the court. Existing law requires a juvenile court to order a minor, found to have been in possession of any controlled substance, to receive education or treatment from a local community agency, as specified, and to order the minor's parents or guardian to participate in the education or treatment if beneficial to the minor. Existing law provides that a defendant's willful failure to complete a court-ordered education or treatment program shall be a circumstance in aggravation for purposes of sentencing in any subsequent prosecution for specified controlled substance violations. This bill would allow the court to order the defendant, and a juvenile court to order a minor, to complete a controlled substance education or treatment program, as specified, if available. The bill would require the court or probation department to refer defendants to controlled substance education or treatment programs that adhere to specified standards. The bill would require the county drug program administrator and representatives of the court and county probation department, with input from substance use treatment providers, to design and implement an approval and renewal process for controlled substance education and treatment programs. The bill would require the court, upon conviction of a controlled substance offense resulting in imprisonment, to recommend that the defendant attend a controlled substance education or treatment program while imprisoned. By imposing additional duties on local entities, the bill would impose a state-mandated local program. Existing law requires every county drug program administrator, in consultation with representatives of the court and the county probation department, to establish minimum requirements, criteria, and fees for the successful completion of drug diversion programs, including a minimum of 20 hours of education, counseling, or any combination of both for each divertee. This bill would clarify that the 20 hours or more of education or counseling shall include education about, among other things, how the use of controlled substances affects the body and the dangers of using controlled substances, as specified. 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.
The Eric Paredes Sudden Cardiac Arrest Prevention Act requires the State Department of Education to post on its internet website guidelines, videos, and an information sheet on sudden cardiac arrest symptoms and warning signs, and other relevant materials relating to sudden cardiac arrest. The act also places certain duties on schools related to sudden cardiac arrest and requires athletic directors, coaches, athletic trainers, or authorized persons, as defined, to remove from participation a pupil who passes out or faints while participating in or immediately following an athletic activity. This bill would require the department, upon appropriation by the Legislature, to establish the California Youth Cardiac Screening Pilot Program to provide, among other things, free cardiac screening for pupils in grades 5 to 12, inclusive, for the 2022–23 to 2024–25 school years, inclusive, as specified. The bill would allow the department to administer the program itself or to contract with a nonprofit organization to administer the program and certain funding, as specified. The bill would authorize the department to receive voluntary or reduced-cost services from medical providers and other individuals related to the program. The bill would require the department to annually report certain information to the Department of Finance and to the appropriate policy and fiscal committees of the Legislature, and would repeal these provisions on January 1, 2026.
Existing law establishes the Board of State and Community Corrections. Existing law charges the board with providing the statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California's adult and juvenile criminal justice system. Under existing law, the board administers several grant programs, including a mentally ill offender crime reduction grant program, a medication-assisted treatment grant program, and a violence intervention and prevention grant program. This bill would establish two new grant programs: the Homeless and Mental Health Court Grant Program that would, subject to an appropriation by the Legislature, be administered by the Judicial Council and provide grants to counties for the purpose of establishing or expanding homeless courts and mental health courts, as specified; and the Transitioning Home Grant Program that would, subject to an appropriation by the Legislature, be administered by the board and provide grants to county sheriffs and jail administrators to fund programs aimed at reducing homelessness among inmates released from custody, as specified. The bill would require the board and council to prepare and submit reports to the Legislature, as specified, regarding the impacts of the grant program under their jurisdiction.
Existing law establishes the Department of Forestry and Fire Protection in the Natural Resources Agency to provide fire protection and prevention services, as specified. This bill would require the department to maintain a standard minimum level of staffing for each of its engines, as specified, without the regular practice of forcing overtime on its personnel. The bill would require the department to increase its existing firefighter fuel crews, as specified. The bill would require the department, on or before January 1, 2024, to provide to the Legislature a long-term staffing plan to meet the new era of wildfire firefighting.
Existing law establishes the Big Game Management Account within the Fish and Game Preservation Fund. Existing law requires revenue from the sale of tags for antelope, elk, deer, wild pig, bear, and sheep to be deposited into the account, except as provided. Existing law requires funds deposited into the account to be expended, upon appropriation by the Legislature, by the Department of Fish and Wildlife, solely for specified purposes and pursuant to specified limitations. Existing law authorizes the department to make grants to, reimburse, or enter into contracts or other agreements with nonprofit organizations for the use of the funds from the account to carry out those purposes, including related habitat conservation projects. This bill instead would authorize the department to make grants to, reimburse, or enter into contracts or other agreements with public and private entities, including nonprofit organizations, and federally recognized Indian tribes for the use of the funds from the account to carry out those purposes. The bill would require the department, in acting pursuant to that authorization, to consider the state's biodiversity goals.
Existing law establishes the Employment Development Department and vests the department with various duties. Existing law establishes the Director of Employment Development as the executive officer of the department. Existing law requires the department to make various types of information available on its internet website, including information about overpayments and information for victims of identity theft who receive incorrect tax forms. Existing law authorizes the director to apply for an advance to the Unemployment Fund and accept the responsibility for the repayment of the advance in accordance with the conditions specified in Title XII of the Social Security Act, as amended, to secure the advantages available under the provisions of that title. Existing law authorizes the federal government to make advances to the states from the federal unemployment account in the federal Unemployment Trust Fund and requires repayment of those advances, with interest, as specified. This bill would require the director to post on the homepage of the department's internet website a hyperlink to information about the Federal Unemployment Tax Act tax credit. The bill would also require the director to indicate on the web page describing this credit whether the Unemployment Fund owes money to the federal government, and if so, the implications of that outstanding debt on employers' unemployment insurance costs. The bill would require the director to update that information, as specified, and repeal these provisions on January 1, 2030.
Existing law authorizes use of the Emergency Alert System to inform the public of local, state, and national emergencies. Existing law requires a law enforcement agency to activate the Emergency Alert System within the appropriate area if that agency determines that a child 17 years of age or younger, or an individual with a proven mental or physical disability, has been abducted and is in imminent danger of serious bodily injury or death, and there is information available that, if disseminated to the general public, could assist in the safe recovery of that person. Existing law also authorizes the issuance and coordination of a Blue Alert following an attack upon a law enforcement officer or a Silver Alert relating to a person who is 65 years of age or older who is reported missing. This bill would authorize a law enforcement agency to request the Department of the California Highway Patrol to activate a Yellow Alert if a person has been killed due to a hit-and-run incident and the law enforcement agency has specified information concerning the suspect or the suspect's vehicle. The bill would authorize the Department of the California Highway Patrol to activate a Yellow Alert within the requested geographic area upon request of the law enforcement agency if it concurs with the law enforcement agency that specified requirements are met. This bill would also require the Department of the California Highway Patrol to track the number of Yellow Alert requests it receives from law enforcement agencies. The bill would require the Department of the California Highway Patrol to submit a final report to the Legislature of the efficacy, the advantages, and the disadvantages of the Yellow Alert System by January 1, 2026. On January 1, 2026, the provisions of this bill would be repealed.
Existing law, the Uniform Electronic Transactions Act, applies to electronic records and electronic signatures of a transaction, and generally prohibits a record or signature from being denied legal effect or enforceability solely because it is in electronic form or a contract being denied legal effect or enforceability solely because an electronic record was used in its formation. Existing law exempts certain transactions from that act, including insurance application forms. This bill would delete the Medicare supplement policy application forms exception, and would thereby apply the provisions of the act to these application forms. The bill would also make nonsubstantive changes to those provisions.
Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude those compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments to tribal-state gaming compacts, between the State of California and specified Indian tribes. The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would ratify the amendments to the tribal-state gaming compacts entered into between the State of California and the Alturas Indian Rancheria, California, the Augustine Band of Cahuilla Indians, California, the Bear River Band of the Rohnerville Rancheria, California, the Berry Creek Rancheria of Maidu Indians of California, the Big Sandy Rancheria of Western Mono Indians of California, the Bishop Paiute Tribe, the Blue Lake Rancheria, the Cachil Dehe Band of Wintun Indians of the Colusa Indian Community of the Colusa Rancheria, California, the Cahto Tribe of the Laytonville Rancheria, the Cahuilla Band of Indians, the Campo Band of Diegueno Mission Indians of the Campo Indian Reservation, California, the Chemehuevi Indian Tribe of the Chemehuevi Reservation, California, the Cher-Ae Heights Indian Community of the Trinidad Rancheria, California, the Chicken Ranch Rancheria of Me-Wuk Indians of California, the Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California, the Ewiiaapaayp Band of Kumeyaay Indians, California, the Hopland Band of Pomo Indians, California, the Manchester Band of Pomo Indians of the Manchester Rancheria, California, the Middletown Rancheria of Pomo Indians of California, the Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation, California, the Picayune Rancheria of Chukchansi Indians of California, the Pit River Tribe, California, the Redding Rancheria, California, the Resighini Rancheria, California, the Robinson Rancheria, the Santa Rosa Indian Community of the Santa Rosa Rancheria, California, the Sherwood Valley Rancheria of Pomo Indians of California, the Soboba Band of Luiseno Indians, California, and the Table Mountain Rancheria to extend the terms of those compacts. The bill would provide that, in deference to tribal sovereignty, certain actions related to those amended compacts are not projects for the purposes of CEQA. This bill would declare that it is to take effect immediately as an urgency statute.
