Existing federal law, the Agricultural Act of 2014, authorizes an institution of higher education, as defined, or a state department of agriculture, as defined, to grow or cultivate industrial hemp under an agricultural pilot program, as defined, under certain conditions. Existing federal law, the Agricultural Marketing Act of 1946, as amended by the Agriculture Improvement Act of 2018, requires a state desiring to have primary regulatory authority over the production of industrial hemp in the state to submit to the United States Secretary of Agriculture, through the state department of agriculture, a plan, with specified contents, under which the state monitors and regulates hemp production. Existing state law regulates the cultivation and testing of industrial hemp, as defined, and regulates the activities of seed breeders to develop seed cultivars through seed development plans, as defined. Existing law creates the Industrial Hemp Advisory Board. Existing state law requires an entity that is either a grower of industrial hemp for commercial purposes or a seed breeder that develops varieties of industrial hemp for sale or research to register with the county agricultural commissioner of the county in which it intends to cultivate industrial hemp and to annually renew its registration. Existing state law exempts an established agricultural research institution, as defined, from these registration requirements. Existing state law requires the Department of Food and Agriculture to establish a registration fee and appropriate renewal fee to be paid by registrants. Under existing state law, these fees are deposited in the Department of Food and Agriculture Fund and continuously appropriated to the department for the administration and enforcement of this registration program and other provisions regulating the cultivation of industrial hemp. Existing state law requires a county agricultural commissioner to transmit information collected pursuant to these provisions to the department. Under existing state law, a violation of these provisions is a misdemeanor. Under existing state law, these provisions are operative only to the extent authorized by federal law, as set forth in an opinion of the Attorney General. Before enactment of the federal Agriculture Improvement Act of 2018, an opinion of the Attorney General issued pursuant to existing state law concluded that industrial hemp may only be grown pursuant to these provisions to the extent authorized by the federal Agricultural Act of 2014. Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , added by Proposition 64 at the November 8, 2016, statewide general election, revised some provisions of state law regarding industrial hemp. This bill would revise the provisions regulating the cultivation and testing of industrial hemp to conform with the requirements for a state plan under the federal Agricultural Marketing Act of 1946, as amended by the federal Agriculture Improvement Act of 2018, by, among other things, revising the definition of "industrial hemp," and replacing the terms "seed breeder," "seed cultivar," and "seed development plan" with the defined terms "hemp breeder," "cultivar," and "variety development plan," respectively. The bill would expand and change the membership of the Industrial Hemp Advisory Board, as specified. The bill would apply the registration requirements to growers of industrial hemp for noncommercial as well as commercial purposes. Upon approval of a state plan, as specified, the bill would apply certain registration and regulatory requirements to established agricultural research institutions, including submission of research plans, as defined, to county agricultural commissioners before cultivating hemp. The bill would impose new requirements on the department and county agricultural commissioners for the handling and transmittal of registration information, impose new testing requirements, provide new enforcement procedures to be operative as of the effective date of an approved state plan, as defined, and impose new conditions on eligibility to participate in the industrial hemp program, as defined. By expanding registration requirements, including payment of registration fees, to some growers of industrial hemp for agricultural or academic research purposes, the bill would establish a new source of revenue for a continuously appropriated fund, thus making an appropriation. This bill would require the Secretary of Food and Agriculture, in consultation with the Governor and the Attorney General, to develop and submit a state plan to the United States Secretary of Agriculture, as provided, on or before May 1, 2020. This bill would specify consequences for a violation of its provisions according to the frequency of prior violations and whether the violation was negligent, grossly negligent, reckless, or intentional. By imposing new registration requirements on some growers of industrial hemp for agricultural or academic research purposes, the violation of which would be a misdemeanor, this bill would impose a state-mandated local program. AUMA authorizes the Legislature to amend certain provisions of AUMA to further the purposes and intent of AUMA with a 2/3 vote of the membership of the Legislature. This bill would amend AUMA by modifying the definition of "established agricultural research institution" and imposing certain registration and other requirements on these institutions, as of the date on which a state plan for California is approved pursuant to the federal Agricultural Marketing Act of 1946, as amended by the federal Agricultural Improvement Act of 2018. This bill would declare that its provisions further the purposes and intent of AUMA. By increasing the duties of county agricultural commissioners who would enforce certain of these new provisions, 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 specified reasons.
Sponsored bills
Existing law delegates to the Fish and Game Commission the power to regulate the taking or possession of birds, mammals, fish, amphibians, and reptiles, except as provided. Under existing law, a mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal and may not be taken or possessed except as provided in the Fish and Game Code or in accordance with regulations adopted by the commission. Under existing law, bobcats are not designated as a game mammal, fully protected mammal, or fur-bearing mammal. Existing law prohibits, or authorizes the commission to prohibit, the trapping of bobcats under certain circumstances, as specified. Existing law authorizes any owner or tenant of land or property that is being damaged or destroyed, or is in danger of being damaged or destroyed, by specified animals, not including bobcats, to apply to the Department of Fish and Wildlife for a depredation permit to kill the animals. Existing law requires the department, upon satisfactory evidence of the damage or destruction, actual or immediately threatened, to issue a revocable depredation permit for the taking and disposition of the animals under regulations adopted by the commission. Existing law authorizes nongame mammals, among other specified species, that are found to be injuring growing crops or other property to be taken at any time or in any manner by specified persons in accordance with the Fish and Game Code and regulations adopted pursuant to that code. Existing law authorizes the department to enter into cooperative agreements with any state or federal agency for the purpose of controlling harmful nongame mammals. Existing law also authorizes the department to enter into cooperative contracts with the United States Fish and Wildlife Service for the control of nongame mammals. Under existing law, a violation of the Fish and Game Code is a crime. This bill would make it unlawful to hunt, trap, or otherwise take a bobcat, except under specified circumstances, including under a depredation permit. The bill, upon appropriation of funds by the Legislature for this purpose, commencing January 1, 2025, would authorize the commission to open a bobcat hunting season in any area determined by the commission to require a hunt, as specified. The bill would prohibit the take of bobcats under the above-described authorizations for the take of nongame mammals. The bill would require the department, before opening a bobcat season and in consultation with specified entities, to develop, upon appropriation by the Legislature, a bobcat management plan to inform and coordinate management decisions regarding bobcat populations, as specified. The bill would require the department to submit the bobcat management plan to the commission and the Legislature. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. The bill would provide that its provisions are severable. 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 establishes the system of public elementary and secondary schools in this state and provides for the establishment of local educational agencies to operate these schools and provide instruction to pupils. Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state. This bill would encourage each school operated by a school district or county office of education and each charter school to use resources developed by the State Department of Education to provide training at least once every 2 years to teachers and other certificated employees at that school that serve pupils in grades 7 to 12, inclusive, and to other certificated employees at that school, on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils, and strategies to increase support for LGBTQ pupils and thereby improve overall school climate, as specified. The bill, no later than July 1, 2021, would require the State Department of Education to develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of LGBTQ pupils, and strategies to increase support for LGBTQ pupils, as specified.
Existing law prohibits the Department of Transportation, until January 1, 2020, from withholding retention proceeds when making progress payments for work performed by a contractor. This bill would delete the repeal of this provision, thereby making the prohibition operative indefinitely.
Existing law establishes the University of California, under the administration of the Regents of the University of California, and the California State University, under the administration of the Trustees of the California State University, as 2 of the segments of public postsecondary education in this state. This bill would express findings and declarations of the Legislature relating to the availability of abortion by medication techniques at on-campus student health centers at public postsecondary educational institutions in the state. The bill would require, on and after January 1, 2023, each student health care services clinic on a California State University or University of California campus to offer abortion by medication techniques, as specified. The bill would require the Commission on the Status of Women and Girls to administer the College Student Health Center Sexual and Reproductive Health Preparation Fund, which the bill would establish. The bill would continuously appropriate the moneys in that fund to the commission for allocations to each public university student health care services clinic for specified activities in preparation for providing abortion by medication techniques, thereby making an appropriation. The bill would provide that its requirements would be implemented only if, and to the extent that, a total of at least $10,290,000 in private moneys is made available to the fund in a timely manner on or after January 1, 2020. The bill would require the commission to submit a report to the Legislature, on or before December 31, 2021, and on or before December 31 of every year thereafter until December 31, 2026, that includes, but is not necessarily limited to, specified information relating to abortion by medication techniques at these student health clinics.
Existing law establishes the Office of Emergency Services within the office of the Governor and under the supervision of the Director of Emergency Services and makes the Office of Emergency Services responsible for the state's emergency and disaster response services for natural, technological, or manmade disasters and emergencies. This bill would establish the California State Nonprofit Security Grant Program under the administration of the director to improve the physical security of nonprofit organizations that are at high risk of violent attacks or hate crimes due to ideology, beliefs, or mission, as specified. The bill would make the operation of the program contingent upon an appropriation in the annual Budget Act for these purposes. The bill would repeal those provisions on January 1, 2025. This bill would declare that it is to take effect immediately as an urgency statute.
(1) The California Fair Employment and Housing Act makes specified employment practices unlawful, including the harassment of an employee directly by the employer or indirectly by agents of the employer with the employer's knowledge. Under existing law, the Department of Fair Employment and Housing administers these provisions. Existing law, by January 1, 2021, requires a specified employer with 5 or more employees to provide at least 2 hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least one hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees in California and, after that date, once every 2 years. Existing law requires new nonsupervisory employees to be provided training within 6 months of hire and new supervisory employees to be provided training within 6 months of their assumption of a supervisory position. Existing law establishes a separate timeline for seasonal, temporary, or other employees that are hired to work for less than 6 months that requires an employer, beginning January 1, 2020, to provide the training within 30 days after the hire date or within 100 hours worked, whichever occurs first. (2) Existing law creates the Division of Labor Standards Enforcement within the Department of Industrial Relations and authorizes the Division of Labor Standards Enforcement to enforce the provisions of the Labor Code and all labor laws of the state the enforcement of which is not specifically vested in any other officer, board, or commission. Existing law provides for apprenticeship programs within the Division of Apprenticeship Standards within the Department of Industrial Relations, sponsored by specific entities and employers, and requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices. Existing law also establishes the California Apprenticeship Council within the Division of Apprenticeship Standards, and requires the council to issue rules and regulations which establish standards for minimum wages, maximum hours, and working conditions for apprentice agreements in the building and construction trades and for firefighter occupations, and to issue rules and regulations governing equal opportunities in apprenticeship affirmative action programs which include women and minorities in apprenticeship and other on-the-job training, and criteria for selection procedures, as specified. (3) Existing law prohibits a building and construction trades apprenticeship program from discriminating against an apprentice or applicant for apprenticeship on the basis of certain enumerated categories, including, race, sex, religious creed, or national origin, with regard to acceptance into, or participation in, the program, as specified. Existing law requires the apprenticeship program to develop and implement procedures to ensure that its apprentices are not harassed or discriminated against. Existing law requires the apprenticeship program to provide antiharassment and antidiscrimination training to all apprentices, instructors, and employees of the apprenticeship program, as specified. Existing law authorizes the council to issue rules and regulations as necessary to implement these provisions. (4) This bill would authorize a building and construction trades apprenticeship program to provide prevention of harassment training programs for journey-level workers, and would require the apprenticeship program to maintain certain records and to issue a certificate of completion to the apprentice or journey-level worker. (5) This bill would extend to January 1, 2021, the date on which an employer identified in paragraph (1) is required to begin providing training to seasonal, temporary, or other employees hired to work for less than 6 months. (6) The bill would authorize an employer that employs workers pursuant to a multiemployer collective bargaining agreement in the construction industry to satisfy the sexual harassment training and education requirement specified in paragraph (1) by demonstrating that an employee has received the training in one of specified circumstances within the past 2 years. The bill would require verification that an employee has undergone that training within the past 2 years. The bill would require the employer to provide the training for any unverified employee. The bill would require a state-approved apprenticeship program, labor management training trust, or labor management cooperation committee to maintain the certificate of completion of training for a period of not less than 4 years. The bill would require the apprenticeship program, labor management training trust, or labor management cooperation committee to maintain a database of journey-level worker and apprentice training and to provide verification of an employee's or apprentice's training status upon the request of an employer that is a party to the multiemployer collective bargaining agreement. The bill would authorize a qualified trainer to provide prevention of harassment training on behalf of an apprenticeship program, a labor management training trust, or a labor management cooperation committee. The bill would also authorize an apprenticeship program, labor management training trust, or labor management cooperation committee to provide training by use of a specified online training course. The bill would prohibit an apprenticeship program, a labor management training trust, or a labor management cooperation committee from incurring any liability for providing training and education or for maintaining records pursuant to the above-described provisions. The bill would define terms for these purposes. (7) This bill would require the Division of Labor Standards Enforcement to develop recommendations for an industry-specific harassment and discrimination prevention policy and training standard for use by employers in the construction industry, as defined. The bill would require the Director of Industrial Relations to convene an advisory committee by March 1, 2020, consisting of specified representatives from the construction industry and state agencies to assist the Division of Labor Standards Enforcement in developing the policy. The bill would require the Division of Labor Standards Enforcement to report to the Legislature by January 1, 2021, with recommendations for a harassment and discrimination prevention policy and training standard for the construction industry and recommendations for legislation to implement such a standard.
Existing law generally imposes an additional and consecutive term of 3 years imprisonment in the state prison on a person who personally inflicts great bodily injury on a person in the commission of a felony. Existing law imposes a 5-year enhancement on the sentence of a person who inflicts great bodily injury during the commission of a rape if the act was committed by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another, or if the act was accomplished against the victim's will by threatening to retaliate in the future against the victim or another person. The 5-year enhancement also applies if the victim was not the perpetrator's spouse and was prevented from resisting by any intoxicating or anesthetic substance, or a controlled substance. This bill would make the 5-year sentence enhancement for the infliction of great bodily injury applicable to rape committed against a victim who is the perpetrator's spouse who was prevented from resisting by any intoxicating or anesthetic substance, or a controlled substance. By increasing the punishment for crimes, 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.
Existing law requires that, as a condition of parole, a prisoner who has a severe mental health disorder, as defined, be treated by the State Department of State Hospitals. Existing law requires, prior to release on parole, the person in charge of treating the prisoner and a practicing psychiatrist or psychologist from the State Department of State Hospitals to have evaluated the prisoner at a facility of the Department of Corrections and Rehabilitation. This bill would require that psychiatrists or psychologists from the State Department of State Hospitals, the Department of Corrections and Rehabilitation, or the Board of Parole Hearings be given access to prisoners being temporarily held at a county correctional facility, a county medical facility, or a state-assigned mental health provider.
Existing law authorizes the Department of Transportation to provide funding to the National Railroad Passenger Corporation (Amtrak) to enter into contracts with motor carriers of passengers for the intercity transportation of passengers by motor carrier over regular routes if certain conditions are met. Existing law also authorizes the department to provide funding to Amtrak to contract for rail feeder bus services operated in conjunction with the intercity trains, but subject to the restriction, among others, that the bus services be used only by passengers who are connecting to or from a train, subject to specified exceptions, including exceptions for passengers on certain routes where no private intercity bus company provides scheduled bus services. This bill would instead authorize the department to provide funding to certain joint powers authorities responsible for the administration of intercity passenger rail services for the purpose of entering into a contract with Amtrak or a public or private motor carrier of passengers for the intercity transportation of passengers by motor carrier over regular routes connecting to intercity rail service, as specified. The bill would authorize motor carrier connections funded pursuant to these provisions to transport passengers who are not connecting to a passenger rail service. The bill would require a joint powers authority that contracts for service pursuant to this authorization, in consultation with the department, to submit a report to the Legislature on or before January 1, 2023, relating to that service. The bill would authorize state agencies and departments, public and private transit operators, intercity motor carriers of passengers, Amtrak, and those joint powers authorities to enter into revenue sharing and ticket selling agreements with each other to provide for intercity transportation of passengers and connections at rail stations to and from local transit systems and intermodal and intercity motor carrier terminals.