Sen. Angelique Ashby

Existing law, the Contractors State License Law, establishes the Contractors State License Board within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of contractors. Existing law makes it a misdemeanor for a person to engage in the business, or act in the capacity, of a contractor without a license, unless exempted. Existing law exempts from the Contractors State License Law, among other things, a nonprofit corporation providing assistance to an owner, as specified. This bill would exempt from that law an artist who draws, paints, applies, executes, restores, or conserves a mural, as defined, pursuant to an agreement with a person who could legally authorize the work.

Existing law requires each city and county within the Sacramento-San Joaquin Valley to amend its general plan relative to the data and analysis contained in the Central Valley Flood Protection Plan, as specified and to amend its zoning ordinance consistent with the general plan. Existing law prohibits the legislative body of a city or county within the Sacramento-San Joaquin Valley from entering into a development agreement for property that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress on construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas intended to be protected by the system, which, except as provided, shall be achieved by 2025 for urban and urbanizing areas protected by project levees. Existing law similarly prohibits each city and county within the Sacramento-San Joaquin Valley from approving a discretionary permit or other discretionary entitlement that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building, or a ministerial permit that would result in the construction of a new residence, for a project that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress toward the urban level of flood protection as described above. Existing law similarly requires the legislative body of each city and county within the Sacramento-San Joaquin Valley to deny approval of a tentative map or a parcel map for a subdivision that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress toward the urban level of flood protection as described above. This bill would include in the exceptions to the requirement that the urban level of flood protection be achieved for urban and urbanizing areas protected by project levees by 2025, specified areas located in the City of Marysville, the City of Sacramento, the County of Sacramento, the County of Sutter, and the County of Yuba that shall, instead, be required to achieve the urban level of flood protection by 2030. The bill would authorize the Department of Water Resources to require a city or county listed above to contribute its fair and reasonable share of any property damage caused by a flood in its respective jurisdiction, as specified, until the city or county finds the area has met the urban level of flood protection. The bill would make a related technical change. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento, County of Sutter, County of Yuba, City of Marysville, and City of Sacramento.

Existing law authorizes a court to issue a restraining order to a person to prevent abuse, as specified, based on reasonable proof of a past act or acts of abuse. Existing law authorizes the order to be issued solely on the affidavit or testimony of the person requesting the restraining order. Existing law requires a manufacturer of a connected device to equip the device with a reasonable security feature or features that are appropriate to the nature and function of the device, appropriate to the information it may collect, contain, or transmit, and designed to protect the device and information contained in the device from unauthorized access, destruction, use, modification, or disclosure. This bill would authorize a survivor, as defined, or a designated representative of a survivor, to submit a device protection request to an account manager, as defined, seeking to terminate a perpetrator's access to a connected device or associated user account. The bill would define "survivor" for these purposes to mean an individual who has had specified criminal acts committed or allegedly committed against them or who cares for another individual against whom those criminal acts have been committed or allegedly committed, as provided. The bill would require an account manager, within 2 business days of receiving a complete device protection request, to terminate or disable the perpetrator's access to the connected device or user account, or to inform the survivor, in a clear and conspicuous manner, of any methods to reset the device to factory settings or a similar state that removes all account holders, as provided. The bill would specify the requirements for a device protection request and would impose certain requirements on an account manager in processing a request. By providing that a device protection request may include a copy of a signed affidavit, the bill would expand the crime of perjury, and thus impose a state-mandated local program. This bill would require the account manager to clearly describe the process to submit a device protection request on their internet website or mobile application and would prohibit the account manager from providing specified information to the perpetrator. The bill would require an account manager and any officer, director, employee, vendor, or agent thereof to treat any information submitted by a survivor or a designated representative of a survivor as confidential and securely dispose of the information, as provided. This bill would authorize enforcement of these provisions by injunction or civil penalty in any court action by any person injured by a violation of those provisions, the Attorney General, a district attorney, county counsel, a city attorney, or a city prosecutor, against an account manager or perpetrator, as provided. The bill would prohibit a waiver of these prohibitions and would declare that these provisions are severable. Existing law authorizes a court to issue an ex parte order for, among other things, disturbing the peace of the other party. Existing law provides that disturbing the peace of the other party may be committed directly or indirectly, including through the use of a third party, and by any method or through any means including, but not limited to, telephone, online accounts, text messages, internet-connected devices, or other electronic technologies. This bill would provide that, for purposes of those provisions, an internet-connected device includes a connected device as described in the bill. 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 the legislative body of a city or a county, defined to include a city and county, to establish an enhanced infrastructure financing district to finance public capital facilities or other specified projects of communitywide significance, as provided. Existing law provides for the preparation of a proposed infrastructure financing plan, as provided, which takes effect upon adoption by the public financing authority of the district following a specified public hearing and protest procedure. Existing law authorizes the infrastructure financing plan to provide for the division of taxes levied on taxable property in the area included within the district, as specified, and authorizes the public financing authority to issue bonds by adopting a resolution containing specified provisions, including a determination of the amount of tax revenue available or estimated to be available for the payment of the principal of, and interest on, the bonds. This bill would establish the California Capital City Downtown Revitalization Act, and would authorize the City or County of Sacramento to create an enhanced infrastructure financing district within the downtown Sacramento geographic area. The bill would authorize an affected taxing entity located entirely, or in part, in the County of Sacramento to opt in to the district. Existing law specifies that an enhanced infrastructure financing district is not prohibited from utilizing revenues from additional sources to support its activities if the district obtains voter approval, as applicable, and the infrastructure financing plan is approved. This bill would additionally specify that a district is not prohibited from utilizing state funds to support its activities if the district obtains voter approval, as applicable, and the infrastructure financing plan is approved. The bill would also specify that the California Capital City Downtown Revitalization District may accept state funds, as provided. This bill would make legislative findings and declarations as to the necessity of a special statute for the downtown Sacramento geographic area. This bill would incorporate additional changes to Section 53398.75 of the Government Code proposed by SB 5 to be operative only if this bill and SB 5 are enacted and this bill is enacted last.

Existing law defines rape as an act of sexual intercourse accomplished under certain circumstances, including with a person not the spouse of the perpetrator where the person is incapable of giving legal consent because of a mental disorder or developmental or physical disability. This bill would remove the spousal exception from this definition of rape. By expanding the scope of 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.

The Political Reform Act of 1974 regulates the use of campaign funds held by candidates for elective office, elected officers, and campaign committees. The act authorizes a candidate or elected officer to use campaign funds to pay or reimburse the state for the reasonable costs of installing and monitoring a home or office electronic security system or for another tangible item related to security, and for the reasonable costs of providing personal security to a candidate, elected officer, or the immediate family or staff of a candidate or elected officer, provided that the threat or potential threat to safety arises from the candidate's or elected officer's activities, duties, or status as a candidate or elected officer or from staff's position as staff of the candidate or elected officer. The act permits a candidate or elected officer to expend a maximum of $10,000 of campaign funds for these purposes during their lifetime. This bill would eliminate that monetary cap until January 1, 2029. Beginning January 1, 2029, the bill would instead permit a candidate or elected officer to expend a maximum of $10,000 of campaign funds for these purposes per calendar year. Existing law exempts payments to a relative, within the third degree of consanguinity, of a candidate or elected officer from the definition of "security expenses." This bill would instead exempt payments to the candidate's or elected officer's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin or the spouse of any such person from the definition of "security expenses." This bill would incorporate additional changes to Section 89517.5 of the Government Code proposed by AB 808, to be operative only if this bill and AB 808 are enacted and this bill is enacted last. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.

Existing law establishes various healing arts boards within the Department of Consumer Affairs that license and regulate various healing arts licensees. Existing laws, including, among others, the Medical Practice Act and the Dental Practice Act, make it a crime for a person who is not licensed as a specified health care professional to use certain words, letters, and phrases or any other terms that imply that they are authorized to practice that profession. Existing law requires, with certain exemptions, a health facility, clinic, physician's office, or office of a group practice that uses generative artificial intelligence, as defined, to generate written or verbal patient communications pertaining to patient clinical information, as defined, to ensure that those communications include both (1) a disclaimer that indicates to the patient that a communication was generated by generative artificial intelligence, as specified, and (2) clear instructions describing how a patient may contact a human health care provider, employee, or other appropriate person. Existing law provides that a violation of these provisions by a physician shall be subject to the jurisdiction of the Medical Board of California or the Osteopathic Medical Board of California, as appropriate. This bill would make provisions of law that prohibit the use of specified terms, letters, or phrases to falsely indicate or imply possession of a license or certificate to practice a health care profession, as defined, enforceable against an entity who develops or deploys artificial intelligence (AI) or generative artificial intelligence (GenAI) technology that uses one or more of those terms, letters, or phrases in its advertising or functionality. The bill would prohibit the use by AI or GenAI technology of certain terms, letters, or phrases that indicate or imply that the advice, care, reports, or assessments being provided through AI or GenAI is being provided by a natural person with the appropriated health care license or certificate. This bill would make a violation of these provisions subject to the jurisdiction of the appropriate health care profession board, and would make each use of a prohibited term, letter, or phrase punishable as a separate violation. By expanding the scope of existing 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 each county to develop a procedure for electronically transmitting, upon the issuance of certain types of protective orders, the contents of the order and other specified information to the Department of Justice through the California Law Enforcement Telecommunications System. Existing law also requires the department to maintain a California Restraining and Protective Order System and to make specified information electronically available to court clerks and law enforcement personnel. This bill, Wyland's Law, would, subject to an appropriation by the Legislature, authorize the department to establish, or contract with a vendor to establish, an automated protected person information and notification system to provide a petitioner or a protected person in a protective order case with automated access to information about their case, as specified. The bill would require a record demonstrating whether the superior court has fulfilled its transmission obligations or a record demonstrating receipt of information about a protective order that the department maintains to be open to public inspection and copying.

Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The California Alternative Energy and Advanced Transportation Financing Authority Act establishes the California Alternative Energy and Advanced Transportation Financing Authority. The act authorizes, until January 1, 2026, the authority to provide financial assistance to a participating party by authorizing exclusions from sales and use tax for certain projects, including those that promote California-based manufacturing, California-based jobs, advanced manufacturing, the reduction of greenhouse gases, or a reduction in air and water pollution or energy consumption. The Sales and Use Tax Law, for the purposes of the taxes imposed pursuant to that law, until January 1, 2026, excludes the lease or transfer of title of tangible personal property constituting one of those projects to any contractor for use in the performance of a construction contract for a participating party that will use that property as an integral part of the approved project. This bill would extend to January 1, 2028, the authorization to provide financial assistance in the form of a sales and use tax exclusion for projects approved by the authority. The bill would add electrical generation facilities using nuclear fusion technology to the types of projects qualifying for this sales and use tax exclusion. The bill would, on and after January 1, 2026, for an applicant that, together with its parent corporation and subsidiaries, employs 500 or more employees, prohibit the authority from approving a project unless the applicant certifies that the applicant and its subcontractors will comply with certain labor requirements. The bill would make other conforming changes. This bill would take effect immediately as a tax levy.

Existing law establishes the Independent Living Program (ILP) , that, among its purposes, provides training in daily living skills, budgeting, locating and maintaining housing, and career planning for foster youth up to 21 years of age. Existing federal law authorizes a state, under certain circumstances, to expand eligibility for the ILP to former foster youth who have not attained 23 years of age. Existing law requires the State Department of Social Services, with the approval of the federal government, to amend the foster care state plan to permit all eligible children to be served by the ILP up to 21 years of age. The Personal Income Tax Law allows a refundable foster youth tax credit for taxable years beginning on or after January 1, 2022, to a qualified taxpayer in a specified amount multiplied by the earned income tax credit adjustment factor, as provided. This bill, the Foster Outreach and Support for Tax Education Readiness (FOSTER) Act, would require, by no later than July 30, 2026, the department to issue guidance to county welfare departments and juvenile probation departments with information to support best practices for nonminor dependents to file state and federal income tax returns and to access the foster youth tax credit. The bill would require the guidance to be updated as needed and reissued no less than every 2 years. The bill would specify the information to be included in the guidance issued, including, but not limited to, the eligibility requirements for the foster youth tax credit and the maximum credit available, outreach strategies to increase awareness among nonminor dependents and former foster youth about the foster youth tax credit, and resources from the Internal Revenue Service website for identifying local Volunteer Income Tax Assistance providers. The bill would require county welfare departments and juvenile probation departments to annually send by mail to every nonminor dependent information about filing state and federal income tax returns and, among other things, the foster youth tax credit and information about local Volunteer Income Tax Assistance sites, as specified. By increasing the duties of county welfare departments and juvenile probation 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 no reimbursement is required by this act for a specified reason.