Existing law, until January 1, 2023, prohibited loitering in a public place with the intent to commit prostitution, as defined, and made that crime a misdemeanor. This bill would make it a misdemeanor to loiter in a public place with the intent to commit prostitution, as defined, and make other conforming changes. By creating a new 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.
Existing law, as established in the case of Dynamex Operations W. v. Superior Court (2018) 4 Cal.5th 903 (Dynamex) , creates a presumption that a worker who performs services for a hirer is an employee for purposes of claims for wages and benefits arising under wage orders issued by the Industrial Welfare Commission. Existing law requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for those purposes. Existing law establishes that, for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration is considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity's business, and the person is customarily engaged in an independently established trade, occupation, or business. This test is known as the "ABC" test, as described above. Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classification. Existing law exempts specified occupations and business relationships from the application of the ABC test described above. Existing law, instead, provides that these exempt relationships are governed by the multifactor test previously adopted in the case of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d. This bill would repeal the above-described provisions that codify the ABC test. The bill would declare that its purpose is to suspend and nullify the California Supreme Court's decision in Dynamex and provide that this decision does not apply for purposes of California law.
Existing law authorizes the Department of Transportation to issue a special permit to the operator of a vehicle, combination of vehicles, or mobile equipment, permitting the operation and movement of the vehicle, combination, or equipment, and its load, on designated routes if the vehicle, combination, or equipment meets specified criteria, upon adoption of an ordinance or resolution by specified cities covering designated routes. This bill would additionally authorize the Department of Transportation to issue a special permit to the operator of a zero-emission vehicle, as defined, combination of vehicles, or mobile equipment, permitting the operation and movement of the vehicle, combination, or equipment, and its load, on designated routes if the vehicle, combination, or equipment meets specified criteria, upon adoption of an ordinance or resolution by the City of San Diego and City of National City covering designated routes. The bill would authorize the department to charge a fee to cover the cost of producing and issuing an indicia that the operator agrees to place upon the permitted vehicle.
Existing law requires the State Air Resources Board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution that the state board has found necessary, cost effective, and technologically feasible. The California Global Warming Solutions Act of 2006 establishes the state board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases and requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions from those sources. Pursuant to its authority, the state board has adopted the Advanced Clean Fleets Regulation, which imposes various requirements for transitioning local, state, and federal government fleets of medium- and heavy-duty trucks, other high-priority fleets of medium- and heavy-duty trucks, and drayage trucks to zero-emission vehicles. The Advanced Clean Fleets Regulation authorizes entities subject to the regulation to apply for exemptions from its requirements under certain circumstances. This bill would extend the compliance dates for local government set forth in the Advanced Clean Fleets Regulation by 10 years. The bill would prohibit the state board from taking enforcement action against a local government for violating the Advanced Clean Fleets Regulation if the alleged violation occurs before January 1, 2025.
Under existing law, the California Emergency Services Act, the State Emergency Plan is the official document approved by the Governor that describes the principles and methods to be applied in carrying out emergency operations or rendering mutual aid during emergencies, and includes elements addressing continuity of government, the emergency services of governmental agencies, mobilization of resources, mutual aid, and public information. Existing law makes the State Emergency Plan effective in each political subdivision of the state, and requires the governing body of each political subdivision to take necessary actions to carry out its provisions. Existing law requires the Governor to coordinate the State Emergency Plan and those programs necessary for the mitigation of the effects of an emergency in this state and to coordinate the preparation of plans and programs for the mitigation of the effects of an emergency by the political subdivisions of this state, which are to be integrated into and coordinated with the State Emergency Plan and the plans and programs of the federal government and of other states to the fullest possible extent. Existing law establishes the Office of Emergency Services, which is responsible for the state's emergency and disaster response services for natural, technological, or human-induced disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters on people and property. Existing law requires the Office of Emergency Services to update the State Emergency Plan on or before January 1, 2019, and every 5 years thereafter. This bill would require the Office of Emergency Services to update the State Emergency Plan every 4 years after the update required on or before January 1, 2024.
Existing law, the Alcoholic Beverage Control Act, generally prohibits a manufacturer, winegrower, distiller, bottler, or wholesaler, among other licensees, or agents of these licensees, from paying a retailer for advertising. The act creates a variety of exceptions from this prohibition, including permitting specified licensees to purchase advertising space and time from, or on behalf of, an on-sale retail licensee that is an owner of certain spaces, including a theme or amusement park, as specified, located in the City of Los Angeles, Los Angeles County, or Orange County, subject to specified conditions. Existing law requires the advertising space or time to be purchased only in connection with daily activities and events at the theme or amusement park, as specified, located in the City of Los Angeles, Los Angeles County, or Orange County. Existing law makes it a crime for an on-sale licensee to coerce certain licensees to purchase advertising space or time, as specified. This bill would expand the exceptions described above to additionally permit, in the case of a theme or amusement park located in Orange County, the advertising space or time to be purchased from or on behalf of an entity that is under common ownership with the theme or amusement park in connection with the activities of the entity. By expanding the definition of a crime, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for Orange County. 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 Archie-Hudson and Cunneen School Technology Revenue Bond Act, authorizes the California School Financing Authority, upon receipt of aggregated repayment pledges by school districts of at least $5,000,000, to issue bonds for the exclusive purpose of establishing computer-based networks and telecommunications systems for instructional purposes, as specified, so long as the total amount of bonds issued and outstanding at any time under the act does not exceed $400,000,000, as provided. The act requires participating school districts to pledge a portion of their annual lottery revenue allocation from the California State Lottery Education Fund as a dedicated revenue source to repay bonds issued by the authority, and authorizes a school district to pledge the equivalent of up to 25% of the school district's allocation for the 1996–97 fiscal year from the California State Lottery Education Fund, as provided. The act requires the State Department of Education to include in its annual survey of schools on the use of lottery funds, the amount of lottery revenues expended to repay bonds issued pursuant to its provisions. This bill would repeal the Archie-Hudson and Cunneen School Technology Revenue Bond Act as of January 1, 2025.
Existing law requires a dealer or lessor-retailer, when selling a vehicle, to attach for display a copy of a report-of-sale form to the vehicle before the vehicle is delivered to the purchaser. Existing law also requires a dealer or lessor-retailer, when selling a vehicle, to attach a temporary license plate to a vehicle that does not already display a license plate issued by the Department of Motor Vehicles. This bill would require a dealer or lessor-retailer, when selling a vehicle, to attach for display a copy of a report-of-sale form to the vehicle before the vehicle is delivered to the purchaser only if the dealer does not attach a temporary license plate to the vehicle.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities. Existing law requires the commission to publish and maintain specified documents on the internet, including each of the commission's adopted decisions and resolutions. Existing law requires the commission to publish each of the commission's adopted decisions and resolutions within 10 days of the adoption of each decision or resolution by the commission. This bill instead would require the commission to publish the commission's adopted decisions and resolutions within 5 days of the adoption of each decision or resolution.
Existing federal law authorizes the United States Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency. Existing law requires a law enforcement agency to obtain approval of an applicable governing body, by means of the adoption of a military equipment use policy by ordinance, as specified, before obtaining military equipment, as defined. That law defines military equipment to include, among other things, unmanned, remotely piloted, powered aerial or ground vehicles. This bill would amend the definition of military equipment to instead require that the above-described vehicles are weaponized, as specified.
Existing law requires the Secretary of State to certify or conditionally approve any remote accessible vote by mail system before its first use in an election. Existing law requires the Secretary of State to make publicly available various testing, examination, and certification reports pertaining to a remote accessible vote by mail system, both before and after the decision to certify or conditionally approve the system, as applicable. Among these requirements, existing law requires the Secretary of State to make publicly available, within 10 days after issuing and filing a certification decision and associated testing reports, a full and complete copy of the certification report and all associated documentation, except as specified. This bill would specify that the Secretary of State's duty to make publicly available a full and complete copy of the certification report and associated documentation within 10 days after issuing and filing the certification decision and associated testing reports includes the duty to post these items on the Secretary of State's internet website.
Existing law establishes the In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes. Existing law requires a specified mediation process, including a factfinding panel recommending settlement terms, to be held if a public authority or nonprofit consortium and the employee organization fail to reach agreement on a bargaining contract with IHSS workers. Existing law subjects a county to a withholding of 1991 Realignment funds if, among other things, the county does not reach an agreement with the employee organization within 90 days after the release of the factfinding panel's recommended settlement terms. Existing law specifies that the amount of the 1991 Realignment funding withholding would be 10% of the county's prior fiscal year IHSS Maintenance of Effort requirement and would require that the withholding continue once each fiscal year, until the county enters into a collective bargaining agreement. This bill would change the amount of the 1991 Realignment funding withholding to an unspecified percentage.
