Existing law provides that a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act. This bill would approve provisions of a memorandum of understanding entered into between the state employer and the California Correctional Peace Officers Association that require the expenditure of funds, and would provide that these provisions will become effective even if these provisions are approved by the Legislature in legislation other than the annual Budget Act. The bill would provide that provisions of the memorandum of understanding approved by this bill that require the expenditure of funds will not take effect unless funds for those provisions are specifically appropriated by the Legislature, and would require the state employer and the affected employee organization to meet and confer to renegotiate the affected provisions if funds for those provisions are not specifically appropriated by the Legislature. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law requires an employer to provide an employee who works more than 5 hours in a workday with a meal period of not less than 30 minutes, unless the employee works no more than 6 hours in a workday and the meal period is waived by mutual consent. An employer also is required to provide an employee who works more than 10 hours in a workday with a second meal period of not less than 30 minutes, unless the employee works no more than 12 hours, the first meal period was not waived, and the 2nd meal period is waived by mutual consent. The Industrial Welfare Commission (IAC) of the Department of Industrial Relations adopts and amends wage orders that, among other things, specify how meal periods are required to be provided to covered employees within various industries, including the procedures for providing employees with on-duty meal periods. This bill would revise the statutory requirements for the provision of meal periods to specify that the requirements apply only to employees subject to the meal period provisions of an order of the IWC. The statutory requirements for providing the meal periods would be revised to specify that a meal period based on working more than 5 hours in a workday is required to be provided before the employee completes 6 hours of work, unless the existing waiver provision is invoked. The waiver provision for the 2nd meal period would be changed to provide an exception for different provisions within IWC wage orders in effect as of January 1, 2009, and to permit the employer and employee to agree to waive either the first or the 2nd meal period if the employee otherwise is entitled to 2 meal periods. The bill also would specify conditions under which on-duty meal periods are permitted rather than meal periods in which the employee is relieved of all duty. The bill would require that orders of the IWC be interpreted in a manner consistent with the specified provisions, and would require the Department of Industrial Relations to amend and republish specified IWC wage orders to be consistent with the revised meal period requirements. The bill also would declare that all those provisions are declaratory and not amendatory of existing law. (2) Existing law requires an employer who fails to provide an employee with a required meal or rest period to pay the employee one hour's pay for each workday that the meal or rest period is not provided. This bill would specify that the penalty of one hour's pay is not restitutionary in nature and does not constitute additional wages to the employee. This bill would define "providing" a meal or rest period to mean making one available to the employee without interfering with its use.
Existing law makes it a crime for a person working for the proponent of a statewide initiative or referendum to cover or obscure the Attorney General's summary of the measure from a prospective signer. This bill would make a nonsubstantive change to this provision.
Existing law defines an "English learner" as a child who does not speak English or whose native language is not English and who is not currently able to perform ordinary classroom work in English. This bill would state the intent of the Legislature to enact legislation relating to English learners.
Existing law provides for the certification and regulation of state organized banks and credit unions by the Commissioner of Financial Institutions. Existing law prohibits a bank from imposing a charge on a savings account, as defined, or on a depositor for the failure of a depositor to deposit, or for the late deposit of, any agreed periodic installment deposit into that account. Existing law authorizes a credit union to assess charges for failure to meet punctuality obligations to the credit union. This bill would authorize a depositor of a bank, or a member of a credit union, to dispute, or seek to correct, any charge imposed upon that person's account that the person claims is fraudulent, incorrect, or inappropriate at any time within one year after the charge is imposed.
Existing provisions of the Outdoor Advertising Act regulate the placement of off-premise advertising displays along highways, which displays generally advertise business conducted or services rendered or goods produced or sold at a location other than the property upon which the display is located. Unless specific exemptions apply, the act generally prohibits advertising displays along landscaped freeways. This bill would make a nonsubstantive change to this provision.
The California Constitution establishes the Public Utilities Commission with jurisdiction over all public utilities, as defined. The California Constitution grants the commission certain general powers over all public utilities, subject to control by the Legislature, and authorizes the Legislature, unlimited by the other provisions of the Constitution, to confer additional authority and jurisdiction upon the commission that is cognate and germane to the regulation of public utilities. The existing Public Utilities Act authorizes the commission to supervise and regulate every public utility, and to do all things which are necessary and convenient in the exercise of its power and jurisdiction. This bill would make a technical, nonsubstantive change to this authorization.
Existing law provides for licensing and regulation of health care service plans by the Department of Managed Health Care. Existing law provides for licensing and regulation of health insurers by the Insurance Commissioner. A willful violation of provisions governing health care service plans is a crime. Existing law requires health care service plans and health insurers to offer continuation of group coverage for a specified period of time to persons who become ineligible for the group coverage, otherwise known as COBRA or Cal-COBRA. Existing law allows persons qualifying as "federally eligible defined individuals" for purposes of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) to enroll in individual health care coverage offered by plans and insurers without preexisting condition exclusions, providing they meet certain requirements, including the election and exhaustion of COBRA or Cal-COBRA coverage available to them. This bill would delete the requirement that a person must elect and exhaust COBRA or Cal-COBRA coverage in order to qualify for access to individual health care coverage as a federally eligible defined individual under HIPAA. By modifying the requirements applicable to health care service plans, the bill would change the definition of a crime and would thereby 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 Sales and Use Tax Law imposes a tax on the gross receipts from the sale of tangible personal property sold at retail in this state, or on the sales price of tangible personal property purchased from a retailer for the storage, use, or other consumption of that property in this state. That law defines the terms "gross receipts" and "sales price." This bill would provide, for purposes of that law, that the terms "gross receipts" and "sales price" do not include the value of a vehicle traded in for a new vehicle, if the value of the trade-in vehicle is separately stated on the new vehicle invoice or bill of sale or similar document provided to the purchaser. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and the Transactions and Use Tax Law authorizes districts, as specified, to impose transactions and use taxes in conformity with the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated in these taxes. Section 2230 of the Revenue and Taxation Code provides that the state will reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse cities and counties for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy, but its operative date would depend on its effective date.
Existing law requires the residence address in a record of the Department of Motor Vehicles to be kept confidential, with specified exceptions. One exception applies to a financial institution that states that it has obtained a written waiver signed by the individual whose address is requested. Another exception applies to an insurance company when the company requests the information for the purpose of obtaining the address of another motorist or vehicle owner involved in an accident with their insured. This bill would require the department to submit a report to the Legislature on January 1, 2011 regarding all requests made to it in the 2010 calendar year pursuant to the above exceptions.
Existing law permits a private energy producer, as defined, to generate electricity not generated from conventional sources, as defined, solely for the producer's own use or the use of the producer's tenants, or generating electricity to or for any electrical corporation, state agency, city, county, district, or an association thereof, but not the public, without becoming a public utility subject to the general jurisdiction of the commission. This bill would state the intent of the Legislature to establish incentives for agriculture to install cogeneration and anaerobic digester electrical generation facilities, including requiring electrical utilities to purchase excess electricity not used by the agricultural generator.
Existing law, for purposes of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, makes various legislative findings and declarations regarding the use of local government reorganization. This bill would make a technical, nonsubstantive change to that provision.
