SB 164

Bill Subjects

Abstract

(1) Existing law establishes in the Business, Consumer Services, and Housing Agency, the Department of Consumer Affairs. Under existing law, the department is composed of various boards, bureaus, committees, and commissions. This bill would, until January 1, 2027, require the minimum number of hours, or equivalent, established in this state for education programs that qualify persons for any license issued by a board within the department, to be equal to the number of clock or credit hours that is approved by the department, as specified. The bill would require the applicable board, no later than January 1, 2027, to complete its review of a request by an education program, as specified, to modify the program to reduce the program clock or credit hours, as provided. (2) Existing law requires a Controlled Substance Utilization Review and Evaluation System (CURES) fee of $9 to be assessed annually, at the time of license renewal, on specified active licensees to pay the reasonable costs associated with operating and maintaining CURES for the purpose of regulating those licensees. Existing law requires these fees to be deposited in the CURES Fund, which is subject to appropriation by the Legislature. This bill, beginning April 1, 2025, would increase that fee to $15. (3) The Real Estate Law defines real estate brokers and salespersons and provides for their licensure and regulation, the administration of which is committed to the Real Estate Commissioner, the chief officer of the Department of Real Estate within the Business, Consumer Services, and Housing Agency. Existing law establishes the Real Estate Fund, a continuously appropriated fund, and, within that fund, a Consumer Recovery Account, which is funded by various fees and fines imposed on licensees, and is also continuously appropriated. Existing law requires that a separate application for a license as a prepaid rental listing service be submitted to the department for each location to be operated by a licensee, other than a real estate broker, and that it be accompanied by a specified fee. Existing law requires an application and fee to be submitted to add or eliminate locations during the term of the license and requires that a particular amount of each application fee be credited to the Consumer Recovery Account. Existing law specifies the amount of the fees for a real estate broker license, including for an original license, an examination, and reexamination. Existing law authorizes the commissioner to establish the fees for applications for approval of equivalent courses of study given by a private vocational school, as specified. Existing law specifies the amount of the fees for a real estate salesperson license, including for the real estate salesperson license examination and reexamination. Existing law authorizes broker and salesperson applicants for examination to make written application for a new examination date, accompanied by specified fees. Existing law authorizes a real estate broker, before using any proposed advertisement, to submit a copy thereof to the department, accompanied by a fee, as specified. Existing law also authorizes an owner, subdivider, or agent, before using, publishing, distributing, or circulating an advertisement concerning subdivided lands, to submit the advertisement to the department for approval. Existing law requires the submission to be accompanied by a specified fee. This bill would increase the amount of the above-described fees and make various nonsubstantive changes. Existing law authorizes the commissioner to periodically by regulation prescribe fees lower than the maximum fees provided, as specified. Existing law requires the commissioner to hold at least one regulation hearing each calendar year, to determine if lower fees should be prescribed. This bill would require the department, at the above-described hearing, to report on the financial status of the department, as specified, and to post a hearing notice 15 days in advance of the hearing, as described. The bill would require the department, beginning January 1, 2025, before submitting a regulatory fee increase proposal, as specified, to conduct at least one meeting to which specified statewide membership organizations are invited. The bill would require the department to provide information related to the proposed fee increase, as provided, to the specified statewide membership organizations. Existing law requires a person acting as a principal or agent who intends, in this state, to sell or lease or offer for sale lots, parcels, in interests in a subdivision situation outside of this state to register the subdivision with the commissioner. Existing law require the application for registration be accompanied by a specified filing fee. Existing law requires the commissioner to hold at least one regulation hearing each calendar year, to determine if lower fees should be prescribed. This bill would increase the amount of the fees that may be charged for an application for registration, renewal of a registration, and amendment of a registration pursuant to the provisions described above. The bill would require the department, at the above-described meeting, to report on the financial status of the department, as specified, and to post a hearing notice 15 days in advance of the hearing, as provided. Existing law requires any person who intends to offer subdivided lands within this state for sale or lease to file with the department an application for a public report consisting of a notice of intention and a completed questionnaire, as specified. Existing law specifies the filing fees for particular public reports issued pursuant to these provisions. Existing law requires the commissioner to hold at least one regulation hearing each calendar year, to determine if lower fees should be prescribed. This bill would increase the amount of the filing fees for applications for original public reports, conditional public reports, and renewal and amendment of original and conditional public reports pursuant to these provisions, as specified. The bill would require the department, at the above-described meeting, to report on the financial status of the department, as specified, and to post a hearing notice 15 days in advance of the hearing, as provided. Existing law provides that no amendment or modification of provisions in the declaration of restrictions, bylaws, articles of incorporation or other instruments controlling or otherwise affecting rights to ownership, possession, or use of interests in subdivisions that would materially change those rights of an owner, either directly or as a member of an association of owners, is valid without the prior written consent of the commissioner. Existing law requires an application for consent to be accompanied by a filing fee. This bill would increase the amount of the filing fee that may be charged for an application for consent and make other nonsubstantive changes. Existing law requires any person who, to any individual located in the state, sells, offers to sell, or attempts to solicit prospective purchasers to purchase a time-share interest, or any person who creates a time-share plan with an accommodation in the state, to register the time-share plan with the commissioner, unless the time-share plan is otherwise exempt. Existing law, authorizes the commissioner, in connection with its review of the registration application of a time-share plan, to make an examination of any time-share property submitted for regulation and, unless there are grounds for denial, issue to the developed a public report authorizing the sale or lease of time-share interest within the submitted time-share plan. Existing law specifies the filing fees for an application for a public report issued pursuant to these provisions. Existing law requires the commissioner to hold at least one regulation hearing each calendar year, to determine if lower fees should be prescribed. This bill would increase the amount of the filing fees for applications for original, renewal, amended, conditional, and preliminary public reports pursuant to these provisions, as specified, and make other conforming changes. The bill would also require the department, at the above-described meeting, to report on the financial status of the department, as specified, and to post a hearing notice 15 days in advance of the hearing, as provided. Because this bill would increase the fees deposited into the Real Estate Fund and the Consumer Recovery Account, which are continuously appropriated, the bill would make an appropriation. (4) Existing law, commencing March 1, 2025, and annually thereafter, requires a covered entity, defined as a venture capital company that meets specified criteria, to report to the Civil Rights Department specified information about their funding determinations, as specified. Existing law requires the Civil Rights Department to take certain actions with respect to these reports, and authorizes the Civil Rights Department to commence prescribed proceedings seeking specific relief, including a penalty, if certain conditions are met. Existing law requires money collected pursuant to these provisions to be deposited in the Civil Rights Enforcement and Litigation Fund (fund) , which is administered by the Civil Rights Department. Existing law authorizes moneys in the fund, upon appropriation by the Legislature in the annual Budget Act, to be used to offset the costs of the Civil Rights Department. This bill would repeal the above-described provisions and make a conforming change. The bill would also generally recast those provisions, and, commencing March 1, 2026, the bill would require a covered entity, defined to mean a venture capital company that meets specified criteria, to submit to the department specified information, including the covered entity's internet website, as prescribed by the department. By April 1, 2026, and annually thereafter, the bill would require a covered entity to report to the Department of Financial Protection and Innovation (department) specified information about its funding determinations. If a covered entity fails to timely file that annual report, the bill would require the department to notify the covered entity that the covered entity has 60 calendar days from the date of the notification to submit the report without penalty. The bill would require the department to take prescribed action with respect to these reports, including making the reports available on its internet website, as provided. The bill would also require the department to charge and collect fees from covered entities to cover the expenses incurred in the administration of these provisions, as prescribed. The bill would establish the investigative and enforcement powers of the department and the Commissioner of Financial Protection and Innovation (commissioner) with respect to the bill's provisions, including authorizing the commissioner to take specified action against a covered entity that fails to meet specified requirements. The bill would prescribe various penalty amounts in any civil or administrative action brought pursuant to a violation of the bill's provisions in which the commissioner orders penalties. The bill would require money collected pursuant to these provisions to be deposited in the Financial Protection Fund and would express the intent of the Legislature that these moneys be appropriated in the annual Budget Act to the department for administration of these provisions. The bill would define various terms for the bill's purposes. (5) Existing law prohibits a person from acquiring any voting securities or assets of a retail grocery firm or retail drug firm, as those terms are defined, unless both parties give, or in the case of a tender offer, the acquiring party gives, specified notice to the Attorney General. Existing law requires the Attorney General to evaluate the transaction within 180 days, as provided, and to charge the acquiring party a filing fee not to exceed the reasonable regulatory costs of that evaluation and subject to specified conditions, including prohibiting the fee from exceeding .00045 percent of the combined sales of the parties to the merger or acquisition for the fiscal year prior to the filing of the notice. This bill would, instead, prohibit the fee from exceeding .00045 of the dollar amount of those combined sales, and would also make a nonsubstantive change. (6) Existing law requires the Department of General Services, for the purpose of ensuring access and use by persons with disabilities, to issue a written approval before a contract may be awarded where state funds are used for specified buildings or facilities, or where funds of counties, municipalities, or other political subdivisions are used for the construction of specified educational buildings or facilities. Existing law requires an application fee, in an amount determined by the department, to be submitted with the application for approval, and requires those fees to be deposited into the Disability Access Account, which is continuously appropriated to the department to carry out specified responsibilities relating to disability access. Existing law establishes the California Commission on Disability Access within the department to carry out specified duties relating to disability access, including recommending programs to enable persons with disabilities to obtain full and equal access to public facilities and providing information requested by the Legislature on disability access issues and compliance. This bill would authorize funds in the Disability Access Account to fund the activities of the California Commission on Disability Access. By expanding the purposes for which continuously appropriated fund moneys may be used, the bill would make an appropriation. (7) Existing law, by executive order, establishes CaliforniaVolunteers in the office of the Governor and charges that entity with specified duties and responsibilities, including to recruit and mobilize citizens for volunteer service by identifying service opportunities throughout the state and by recognizing citizens for the contributions they make as volunteers and participants in public service. Existing law authorizes CaliforniaVolunteers to form a nonprofit public benefit corporation or other entity exempt from income taxation, as provided, to raise revenues and receive grants or other financial support from private or public sources, for purposes of undertaking or funding any lawful activity authorized to be undertaken by CaliforniaVolunteers. Existing federal law, the National and Community Service Trust Act, also requires the state to create a commission to carry out specified duties relating to national service programs to be eligible for grants or allotments under certain programs, or to receive distributions of approved national service positions. Existing law continues into existence a Board of Commissioners under CaliforniaVolunteers for purposes of meeting the requirements of the federal act and the act's implementing rules and regulations, as provided. Existing law establishes the Office of Community Partnerships and Strategic Communications within the Office of Planning and Research to serve as the manager of the state's highest priority public awareness and community outreach efforts, as prescribed, under the management of the Executive Officer of Community Partnerships and Strategic Communication, under the direction of the Director of the Office of Planning and Research. Existing law, the California Youth Empowerment Act, until January 1, 2030, establishes the California Youth Empowerment Commission within the Office of Planning and Research to advise on providing meaningful opportunities for civic engagement to improve the quality of life for California's disconnected and disadvantaged youth. This bill would establish the Governor's Office of Service and Community Engagement in state government in the Governor's office and the work of the Governor's Office of Service and Community Engagement would be organized within CaliforniaVolunteers, the Office of Community Partnerships and Strategic Communications, and the California Youth Empowerment Commission. Under the bill, the Governor's Office of Service and Community Engagement would be under the direct control of a Director of the Governor's Office of Service and Community Engagement, who would be appointed by the Governor. Commencing on July 1, 2024, the Governor's Office of Service and Community Engagement would succeed to, and be vested with, all the duties and responsibilities of the Governor's Office of Land Use and Climate Innovation related to the administration or implementation of those programs or offices. This bill would make the implementation of the California Youth Empowerment Act subject to appropriation by the Legislature. This bill would also make related technical, conforming changes. (8) Existing law establishes, until January 1, 2030, the Racial Equity Commission (commission) within the Office of Planning and Research and requires the commission to develop resources, best practices, and tools for advancing racial equity, by, among other things, developing a statewide Racial Equity Framework, as specified. Existing law requires the framework, on or after December 1, 2024, but no later than April 1, 2025, to be submitted to the Governor and the Legislature. This bill would, instead, require the Racial Equity Framework to be submitted to the Governor and the Legislature no later than December 1, 2025. Existing law requires the commission to prepare an annual report that, among other things, summarizes feedback from public engagement with communities of color. Existing law requires the commission to, on or after December 1, 2025, and no later than April 1, 2026, and annually thereafter, submit the report to the Governor and the Legislature. This bill would instead require the commission to submit the report to the Governor and the Legislature on or after December 1, 2026, and no later than December 31, 2026, and annually on or after December 1, and no later than December 31, thereafter. (9) Existing law establishes the California State Auditor's Office, headed by the appointed California State Auditor and under the direction of the Milton Marks "Little Hoover" Commission on California State Government Organization and Economy, with specified duties that include, among others, conducting financial and performance audits as directed by statute. Existing law authorizes the auditor to establish a high-risk local government agency audit program for the purpose of identifying, auditing, and issuing reports on any local government agency that the auditor identifies as at high risk for fraud or waste, among other things. This bill would require the California State Auditor to conduct an audit of the County of Mendocino that includes an audit of any potential waste, fraud, abuse, and mismanagement, the county's administration of elections in 2024, and contracting and procurement processes, by January 1, 2026. The bill would require the California State Auditor to report their findings to the Legislature by January 1, 2026, as specified. (10) Existing law, the Dixon-Zenovich-Maddy California Arts Act of 1975, establishes the Arts Council and sets forth the duties of the council in promoting the arts in the state. Existing law establishes the position of California Youth Poet Laureate, who is appointed by the Governor from a list of 3 nominees 13 to 19 years of age, inclusive, provided by the council garnered through a prescribed process. Existing law also requires the council to establish a panel of 3 literary experts, which may include members from a listing of eligible persons, including city youth poet laureates. This bill would rename the position of California Youth Poet Laureate to the California Teen Poet Laureate and would make conforming changes. The bill would delete city youth poet laureates from the list and would, instead, include city poet laureates, teen poet laureates, and other appropriate designations. By requiring the County of Mendocino to participate in an audit, the bill would impose a state-mandated local program. (11) The California State Lottery Act of 1984, enacted by initiative, authorizes a California State Lottery and provides for its operation and administration by the California State Lottery Commission and the Director of the California State Lottery, with certain limitations. The act establishes the California State Lottery Education Fund and provides for direct payments from the fund to various entities, including the former Department of the Youth Authority. This bill would delete an obsolete provision relating to the Department of the Youth Authority and make other conforming changes. (12) Existing law requires the Office of Broadband and Digital Literacy to oversee the acquisition and management of contracts for the development and construction of a statewide open-access middle-mile broadband network and for the maintenance and operation of the statewide open-access middle-mile broadband network to facilitate high-speed broadband service. Existing law requires the Public Utilities Commission, in collaboration with a third-party administrator retained by the office, to assist the office and to provide to the office the locations for the statewide open-access middle-mile broadband network in a staff report, as specified. This bill would also require the office, with the third-party administrator, to develop and construct a statewide open-access middle-mile broadband network, and to work directly with last-mile grant project awardees to ensure that network segments support last-mile connections, as specified. The bill would require the office and the third-party administrator to minimize disruption due to excavation, to the extent feasible. The bill would require the Public Utilities Commission to also provide the office and the third-party administrator with information on last-mile projects with grant awards, as specified, including whether a project plans to connect to the statewide open-access middle-mile network. (13) Existing law creates the Governor's Office of Business and Economic Development, known as "GO-Biz," and requires GO-Biz to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law continues into existence the zero-emission vehicle (ZEV) division within GO-Biz as the Zero-Emission Vehicle Market Development Office. Existing law requires the office to develop and adopt an equity action plan as part of the ZEV Market Development Strategy that considers optimizing for equity benefits in ZEV deployment. Existing law requires the equity plan to include, among other things, recommendations to advance equity by reducing pollution driven by the transportation sector and related industries in low-income, disadvantaged, and historically underserved communities, as described, and by supporting an equitable zero-emission vehicle industry and workforce. Existing law also requires the office to assess progress towards the plan as part of the update to the ZEV Market Development Strategy, as specified. Existing law requires the assessment to include metrics that track, among other things, state funding for multiyear projects that advance deployment of zero-emission vehicles in specified communities. Existing law requires the office to coordinate and partner with specified entities, as described, in developing the equity action plan. This bill would also require the equity plan to include strategies implemented and steps taken to embed equity in the state's overall ZEV Market Development Strategy. The bill would also require the above-described assessment to include metrics tracking the identification of project locations. The bill would additionally require the office to include information on the constituencies coordinated with to develop or advance equity actions in zero market development in the equity action plan. (14) The Small Business Procurement and Contract Act requires the Director of General Services and the heads of other state agencies that enter into contracts for the provision of goods, information technology, and services to the state or for construction of state facilities to take various actions with respect to small businesses and microbusinesses, including establishing minimum goals for participation of those businesses in those contracts and providing preferences in the awards of those contracts for those businesses, as specified. Existing law requires the Department of General Services to contract for a statewide procurement and contracting disparity study, in order to guide outreach strategies, state government program development, and improvements to contracting policies, and, on or before January 1, 2025, to post a report on its internet website setting forth the results of the study and implementation actions taken in response to it. This bill would, instead, require that report to be posted on or before December 31, 2025. (15) Existing law establishes the Office of Planning and Research within the Governor's office for the purposes of developing state land use policies, coordinating planning of all state agencies, and assisting and monitoring local and regional planning. Existing law sets forth the specific powers and duties of the Office of Planning and Research, including specified shared administrative responsibility for planning, oversight, and decisionmaking for the Community Economic Resilience Fund Program. Entities within the office include, among others, the California Initiative to Advance Precision Medicine. This bill would rename the Office of Planning and Research the Office of Land Use and Climate Innovation and would rename the Director of State Planning and Research as the Director of Land Use and Climate Innovation. The bill would require, commencing on July 1, 2024, that all references to the Governor's Office of Planning and Research throughout the published laws of the state be deemed to be references to the Governor's Office of Land Use and Climate Innovation, except as specified. This bill would delete provisions establishing the California Initiative to Advance Precision Medicine in the Office of Planning and Research until June 30, 2029, and, instead, would establish the initiative until that date in the California Health and Human Services Agency. Commencing July 1, 2024, the initiative and agency would succeed to, and be vested with, all the duties and responsibilities of the Governor's Office of Land Use and Climate Innovation related to the administration or implementation of the initiative's programs, as prescribed. The bill would make various changes to expand the scope of the initiative relating to preventing or alleviating the impact of a pandemic, as specified. Also on July 1, 2024, the Governor's Office of Business and Economic Development would succeed to, and be vested with, all the duties and responsibilities of the Governor's Office of Land Use and Climate Innovation related to the administration or implementation of the Community Economic Resilience Fund Program, as prescribed. This bill would also make related technical, conforming changes. (16) Existing law requires a skilled nursing and intermediate care facility to adopt an approved training program for nurse assistants that meets standards established by the State Department of Health Care Services. Existing law requires an applicant for certification as a certified home health aide to, among other things, successfully complete an approved training program. Existing law provides for the certification and regulation of radiologic technologists by the State Department of Public Health. Existing law authorizes the department to adopt regulations to implement those provisions, as specified. This bill would, until January 1, 2027, require the minimum number of hours, or the equivalent, established in this state for nurse assistant and home health aide educational or training programs, and for approved schools for radiologic technicians, to be equal to the number of clock or credit hours that is approved by the department, as specified. (17) Existing law specifies the membership of the office of the Adjutant General, including one officer who may be of the rank of brigadier general who is the Deputy Adjutant General. Existing law specifies that the Deputy Adjutant General, whose duties are assigned by the Adjutant General, is subordinate only to the Governor and the Adjutant General. Existing law specifies 3 additional officers who may be of the rank of brigadier general, one of whom is the Assistant Adjutant General, Army Division, one of whom is the Assistant Adjutant General, Air Division, and one of whom is the Chief of Staff and Director of the Joint Staff. This bill would revise the ranks of officers in that office by providing that the Deputy Adjutant General may instead be of the rank of major general. (18) Existing law authorizes the Department of General Services, the Military Department, and the Department of Corrections and Rehabilitation to use the design-build project delivery process for specified public works projects in accordance with specified procedures and requirements. Existing law requires information submitted to prequalify design-build entities to be certified under penalty of perjury. Existing law repeals those design-build provisions on January 1, 2025. This bill would delete the repeal provision, thereby extending the operation of those provisions indefinitely. By expanding the crime of perjury, this bill would impose a state-mandated local program. (19) Existing law authorizes an individual, until January 1, 2025, to designate on the individual's personal income tax return that a specified amount in excess of the individual's tax liability be contributed to the Keep Arts in Schools Voluntary Tax Contribution Fund, which is continuously appropriated, to be allocated to the Franchise Tax Board, the Controller, and the Arts Council, as specified. If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not equal at least $250,000, existing law requires these provisions to become inoperative with respect to taxable years beginning on or after January 1 of that calendar year and requires these provisions to be repealed on December 1 of that year. This bill would extend the above-described provisions related to the Keep Arts in Schools Voluntary Tax Contribution Fund until January 1, 2032. By extending these provisions, and thereby increasing the amounts to be deposited into a continuously appropriated fund, this bill would make an appropriation. (20) This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Mendocino with respect to the California State Auditor conducting the above-described audit of the county by January 1, 2026. (21) 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. (22) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.