Sen. Roger Niello

Existing law, the Administrative Procedure Act, sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. The act prohibits a state agency from issuing, utilizing, enforcing, or attempting to enforce any guideline, standard of general application, or other rule that is a regulation, as defined, unless it has been adopted as a regulation and filed with the Secretary of State. The act further requires every agency subject to the act to submit to the Office of Administrative Law a notice of proposed action and to make available to the public a copy of an initial statement of reasons for the regulation. Existing law additionally requires a state agency proposing to adopt, amend, or repeal an administrative regulation to assess the potential for adverse economic impact on California business enterprises and individuals, as specified. Each state agency proposing to adopt, amend, or repeal a major regulation on or after November 1, 2013, is also required to prepare a standardized regulatory impact analysis addressing various additional factors. Existing law generally defines a "major regulation" for these purposes to mean the proposed adoption, amendment, or repeal of a regulation will have an economic impact on California business enterprises and individuals in an amount exceeding $50,000,000, as estimated by the agency. This bill would require a state agency to provide a minimum 21-day public comment period for purposes of determining whether the proposed adoption, amendment, or repeal of a regulation would be a "major regulation" that requires a standardized regulatory impact analysis. Existing law also requires each state agency proposing to adopt, amend, or repeal a major regulation on or after November 1, 2013, and that has prepared a standardized regulatory impact analysis, as described, to submit that analysis to the Department of Finance upon completion. Existing law requires the department to then comment, within 30 days of receiving that analysis, on the extent to which the analysis adheres to specified regulations adopted by the department. Upon receiving any comments from the department, the agency may update its analysis to reflect any comments received and summarize those comments and the agency's response, along with a statement of the results of the updated analysis. This bill would require the department, upon receipt of the analysis, as descried above, to provide a 30-day public comment period on the analysis. The bill would then require the department to comment, within 30 days of receiving public input on that analysis, on the extent to which the analysis adheres to the regulations adopted by the department.

The Charter Schools Act of 1992 authorizes the establishment, operation, and governance of charter schools. Existing law authorizes a charter school that has an approved charter to receive funding for nonclassroom-based instruction only if a determination for funding is made by the State Board of Education, as specified. This bill would replace the term "nonclassroom-based instruction" with "flex-based instruction" and define a "flex-based charter school" as a charter school that receives a determination for funding from the state board, as described above.. The bill would also make numerous nonsubstantive and conforming changes.

Existing law provides for the civil commitment of criminal offenders who have been determined to be sexually violent predators for treatment in a secure state hospital facility, as specified. Existing law authorizes the conditional release of a sexually violent predator under specified circumstances. Proposition 83 of the November 7, 2006, statewide general election, made various changes to the sexually violent predator civil commitment process. Proposition 83 permits the Legislature to amend its provisions, either by a 23 vote of the membership of each house, or by majority vote of the membership of each house if the amendments expand the scope of the application of the provisions of the proposition or increase the punishments or penalties provided in the proposition. This bill would state the intent of the Legislature to enact future legislation that would prohibit a sexually violent predator from being released as a transient or without a fixed permanent address.

The California Constitution grants the retirement board of a public retirement system plenary authority and fiduciary responsibility for investment of moneys and administration of the system. The California Constitution qualifies this grant of powers by reserving to the Legislature the authority to prohibit investments if it is in the public interest and the prohibition satisfies standards of fiduciary care and loyalty required of the public retirement system's board. Existing law establishes the Joint Legislative Budget Committee to ascertain facts and make recommendations to the Legislature and to the houses thereof concerning the state budget, the revenues and expenditures of the state, the organization and functions of the state, its departments, subdivisions and agencies, and such matters as may be provided for in the Joint Rules of the Senate and Assembly, and grants the committee the authority to appoint a legislative analyst who is also referred to as the Legislative Auditor or Legislative Analyst. This bill would require the Legislative Analyst to prepare a pension fiscal impact analysis on any measure introduced on or after January 1, 2024, that is referred to the Senate Labor, Public Employment and Retirement Committee, or any successor committee, as specified, and that requires a public retirement system to take prescribed action, including the divestiture of an existing investment. The bill would require the California Actuarial Advisory Panel and the affected public retirement system to provide assistance to the Legislative Analyst in preparing the analysis. By requiring the boards of local public retirement systems to take specified actions, this bill would impose a state-mandated local program. The bill would require the Legislative Analyst to develop specified criteria, including, at a minimum, the likely short-term and long-term costs to the General Fund, as prescribed. This bill would prohibit a member of the Legislature from presenting any measure for which the Legislative Analyst must prepare a pension fiscal impact analysis under the bill's provisions until the Legislative Analyst posts the completed analysis on its website and transmits it to the legislative committee. 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 shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs.

Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled. The act also provides for a conservator of the person or estate to be appointed for a person who is gravely disabled. Other existing law exempts specified licensed general acute care hospitals, licensed acute psychiatric hospitals, licensed professional staff of those hospitals, or a physician and surgeon, providing emergency medical services in any department of those hospitals, from civil or criminal liability for detaining a person if certain conditions exist, including that the person cannot be safely released from the hospital because the person, as a result of a mental health disorder, presents a danger to themselves or others or is gravely disabled. Existing law, for the purposes of these provisions, defines "gravely disabled," among other things, as a condition in which a person, as a result of a mental health disorder, is unable to provide for the basic personal needs of food, clothing, or shelter. This bill would change the definition of "gravely disabled" for these purposes to read, in part, a condition in which a person, as a result of a mental health disorder, is incapable of making informed decisions about, or providing for, their own basic personal needs for food, clothing, shelter, or medical care without significant supervision and assistance from another person and, as a result of being incapable of making these informed decisions, the person is at risk of substantial bodily harm, dangerous worsening of a concomitant serious physical illness, significant psychiatric deterioration, or mismanagement of essential needs that could result in bodily harm. The bill would also define "gravely disabled" for purposes of the act to mean a condition in which a person has an incapacity to provide informed consent to treatment due to anosognosia. By increasing the level of service required of county mental health departments, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law prohibits an act of sexual intercourse accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. Existing law provides a greater punishment for this offense if the victim is a minor, as specified. Existing law also prohibits an act of sexual intercourse with a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. This bill would impose a greater punishment for prohibited acts of sexual intercourse, as defined, if the victim is a developmentally disabled minor, as specified and defined, and the person committing the prohibited acts knows or should have known that the person is developmentally disabled. The bill would specifically require a person who commits these offenses upon a person who is 10 years of age or younger to be prosecuted pursuant to another statute providing even greater punishment. By increasing the punishment for crime, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

(1) Existing law, the Medical Practice Act, establishes the Medical Board of California to license and regulate physicians and surgeons. Existing law requires a physician and surgeon, upon issuance of an initial license and at the time of license renewal, to report to the board any specialty board certification they hold and their practice status. This bill would require the board to annually compile and report that information on the board's internet website, as specified. (2) Existing law, the Osteopathic Act, establishes the Osteopathic Medical Board of California to license and regulate osteopathic physicians and surgeons. Existing law requires the board to enforce the Medical Practice Act with respect to its licensees. Existing law requires a licensed osteopathic physician and surgeon, at the time of initial licensure, to report to the board any specialty board certification they hold and, at the time of license renewal, to report their practice status. This bill would require the board to annually compile and report that information on the board's internet website, as specified. (3) This bill would declare that it is to take effect immediately as an urgency statute.

This measure would designate the overcrossing on State Route 210 at Archibald Avenue in the City of Rancho Cucamonga as the Senator Bob Dutton Memorial Overcrossing. The measure would request that the Department of Transportation determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, erect those signs.

Existing law, the California Public Records Act, requires state and local agencies to make their records available for inspection by the public, subject to specified criteria and with specified exceptions. Existing law exempts from disclosure any investigatory or security file compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes. Under existing law, criminal offenders sentenced to imprisonment in the state prison are sentenced for either a determinate term or an indeterminate life sentence, and a person sentenced to an indeterminate life sentence is held until release by the Board of Parole Hearings. Under existing law, a person sentenced to a determinate sentence is released after serving the term of their sentence, minus any credits earned, and is required to serve a period of time after release under parole supervision. Existing constitutional provisions, enacted by Proposition 57 at the November 8, 2016, statewide general election, make an inmate sentenced to state prison for a conviction of a nonviolent felony offense eligible for early parole consideration after completing the full term for their primary offense, as defined. This bill would provide that Department of Corrections and Rehabilitation records pertaining to an inmate's release date and their early release credits are public records and are subject to disclosure under the California Public Records Act, with specified exceptions. The bill would state that the provisions relative to the California Public Records Act are declaratory of existing law.