Existing law governs employment relations, defines the contract of employment, and establishes the obligations of employers to their employees. This bill would require an employer, as defined, to offer its laid-off employees specified information about job positions that become available for which the laid-off employees are qualified, and to offer positions to those laid-off employees based on a preference system, in accordance with specified timelines and procedures. The bill would define the term "laid-off employee" to mean any employee who was employed by the employer for 6 months or more in the 12 months preceding the state of emergency giving rise to the application of the bill's provisions, and whose most recent separation from active service was due to a public health directive, government shutdown order, lack of business, a reduction in force, or other economic, nondisciplinary reason related to the state of emergency, as defined. The bill would also require an incumbent employer, within 15 days after the execution of a transfer document, to provide to the successor employer specified information pertaining to eligible employees and would require the successor employer to maintain and hire from a preferential hiring list for a specified time period. The bill would authorize an employee to enforce violations of these provisions by filing an action with the Division of Labor Standards and would authorize various remedies, including hiring and reinstatement rights and awarding of back pay.
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Existing law sets the time for commencement of any civil action for recovery of damages suffered as a result of sexual assault, as defined, to the later of within 10 years from the date of the last act, attempted act, or assault with intent to commit an act, of sexual assault by the defendant against the plaintiff or within 3 years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with intent to commit an act, of sexual assault by the defendant against the plaintiff. However, existing law revives claims for damages of more than $250,000 arising out of a sexual assault or other inappropriate contact, communication, or activity of a sexual nature by a physician occurring at a student health center between January 1, 1988, and January 1, 2017, that would otherwise be barred prior to January 1, 2020, solely because the applicable statute of limitations has or had expired, and would authorize a cause of action to proceed if already pending in court on October 2, 2019, or, if not filed by that date, to be commenced between January 1, 2020, and December 31, 2020. This law is not applicable to a public entity. This bill would revive claims for damages arising out of a sexual assault or other inappropriate contact, communication, or activity of a sexual nature by a physician while employed by a medical clinic owned and operated by the University of California, Los Angeles, or a physician who held active privileges at a hospital owned and operated by the University of California, Los Angeles, at the time that the sexual assault or other inappropriate contact, communication, or activity of a sexual nature occurred, between January 1, 1983, and January 1, 2019, that would otherwise be barred before January 1, 2021, solely because the applicable statute of limitations has or had expired, and would authorize a cause of action to proceed if already pending in court on January 1, 2021, or, if not filed by that date, to be commenced between January 1, 2021, and December 31, 2021. This bill would make legislative findings and declarations as to the necessity of a special statute for the University of California.
Existing law authorizes a court, upon motion, to enter a judgment in pending litigation pursuant to the terms of a settlement if the parties to the litigation stipulate to settle the litigation outside of the presence of the court in a writing that is signed by the parties. This bill would provide that the writing may also be signed by an attorney who represents a party, or, if a party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf, except as specified. The bill would provide that an attorney who signs the writing on behalf of a party without express authorization to do so shall, absent good cause, be subject to professional discipline.
Existing law, subject to exceptions, generally makes it an offense to manufacture or sell an unsafe handgun, as defined, and requires the Department of Justice to compile a roster listing all of the handguns that have been tested and determined not to be unsafe handguns. Existing law establishes criteria for determining if a handgun is an unsafe handgun, including, for firearms manufactured after a certain date and not already listed on the roster, the lack of a chamber load indicator, magazine disconnect mechanism, and technology that transfers a microscopic array of characters from the firearm to the cartridge case when the firearm is fired, known as a microstamp. Existing law requires the microstamp to be transferred to the cartridge upon firing and to be imprinted in 2 or more places on the internal working parts of the handgun. This bill, effective July 1, 2022, would revise the criteria for unsafe handguns by requiring the microstamp to be imprinted in one place on the interior of the handgun, and would require the department, for every new firearm added to the roster, to remove, as specified, 3 firearms from the roster that are not compliant with current requirements. By expanding the number of firearms the sale or manufacture of which would be a crime, this bill would impose a state-mandated local program. The bill would authorize the department to adopt emergency regulations, as specified, to implement the provisions of this 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, the Nursing Practice Act, provides for the licensure and regulation of the practice of nursing by the Board of Registered Nursing. Existing law requires the board to appoint an executive officer to perform duties delegated by the board. Existing law requires an applicant for licensure to have completed a nursing program at a school of nursing that is approved by the board. Existing regulatory law sets forth curriculum requirements for nursing programs, including preceptorships and clinical practice hours, and also requirements for clinical facilities that may be used for clinical experience. This bill would authorize an approved nursing program to submit a request to a board nursing education consultant to revise certain clinical experience requirements, including reducing the required direct patient hours and using preceptorships without maintaining specified written policies, for enrolled students until the end of the 2020–21 academic year and whenever the Governor declares a state of emergency in the county where an agency or facility used by the approved nursing program is located, subject to specified requirements. The bill would require the board nursing education consultant to approve the request if specified conditions are satisfied and to reject the request if the approved nursing program fails to meet the conditions or fails to submit information satisfactory to the board. The bill would require the board's executive officer to develop a uniform method for evaluating requests and granting approvals and would require the nursing education consultants to use the uniform method. This bill would declare that it is to take effect immediately as an urgency statute.
(1) The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. That law requires the planning agency of a city or county to provide by April 1 of each year an annual report to, among other entities, the Department of Housing and Community Development that includes, among other specified information, the number of net new units of housing that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, as provided. This bill would require that the annual report include specified information regarding density bonuses granted in accordance with specified law, as described below. (2) Existing law, known as the Density Bonus Law, requires a city, county, or city and county to provide a developer that proposes a housing development within the jurisdictional boundaries of that city, county, or city and county with a density bonus and other incentives or concessions for the production of lower income housing units, or for the donation of land within the development, if the developer agrees to construct a specified percentage of units for very low income, low-income, or moderate-income households or qualifying residents and meets other requirements. Among other things, existing law requires a city, county, or city and county to provide a density bonus under these provisions if the developer agrees to construct a housing development in which 100% of the total units, exclusive of managers' units, for lower income households, as defined, but authorizes a housing development that qualifies under these provisions to include up to 20% of the total units for moderate-income households, as defined. For purposes of determining the qualifying amount of units in a development for purposes of awarding a density bonus, existing law specifies that "total units" does not include units added by a density bonus. This bill would revise the requirements for a housing development that includes 100% of units for lower income households to instead require that the development include 100% of all units in the development, including both total units, defined as described above, and density bonus units, but exclusive of managers' units, are for lower income households, as defined, except that the development may include up to 20% of those units for moderate-income households. (3) Existing law provides for the calculation of the amount of density bonus for each type of housing development that qualifies under these provisions. Existing law specifies the number of incentives or concessions that an applicant can receive. Existing law requires that an applicant receive 2 incentives or concessions for projects that include at least 20% of the total units for lower income households, at least 10% for very low income households, or at least 20% for persons or families of moderate income in a common interest development. Existing law requires that an applicant receive 3 incentives or concessions for projects that include at least 30% of the total units for lower income households, at least 15% for very low income households, or at least 30% for persons or families of moderate income in a common interest development. This bill, instead, would authorize an applicant to receive 2 incentives or concessions for projects that include at least 17% of the total units for lower income households, at least 10% of the total units for very low income households, or at least 20% for persons or families of moderate income in a common interest development. This bill would authorize an applicant to receive 3 incentives or concessions for projects that include at least 24% of the total units for lower income households, at least 15% of the total units for very low income households, or at least 30% for persons or families of moderate income in a common interest development. (4) Existing law provides that a housing development that receives a waiver from any maximum controls on density, as specified, is not eligible for, and prohibits such a development from receiving, a waiver or reduction of development standards. This bill, instead, would provide that a housing development that receives a waiver from any maximum controls on density, as specified, is only eligible for a specified waiver or reduction of development standards, unless the city, county, or city and county agrees to additional waivers or reductions of development standards. (5) Existing law specifies that the density bonus, or the amount of the density increase over the otherwise allowable gross residential density, to which an applicant is entitled varies according to the amount by which the percentage of affordable housing units in a development exceeds a specified base percentage for units for lower income households, very low income households, senior citizens, persons and families of moderate income, transitional foster youth, or lower income students, as specified. Existing law authorizes a maximum density bonus of 35% for a housing development in which 20% or more of the total units are for lower income households. Existing law authorizes a maximum density bonus of 35% for a housing development in which 11% or more of the total units are for very low income households. Existing law authorizes a maximum density bonus of 35% for housing developments in which 40% or more of the total units are for persons and families of moderate income. This bill would include a maximum density bonus for a housing development in which 16% of the total units are for lower income households and would increase the maximum density bonus, to up to 50%, for construction of a housing development in which a greater percentage than that described above of total units are for lower income households, very low income households, and persons and families of moderate income, as specified. (6) Existing law, for projects in which 100% of the units are for lower income households, as described above, prohibits a city, county, or city and county from imposing any maximum controls on density, and in addition to the above-described incentives or concessions, requires that the applicant receive a specified height increase, if the project is located within ½ mile of a major transit stop, as defined. Existing law also requires, among other criteria for a project to be eligible for various vehicular parking ratios under the Density Bonus Law, as described below, that the project be located within ½ mile of a major transit stop, as defined. This bill, for purposes of determining whether a project is located within ½ mile of a major transit stop under the Density Bonus Law, would require that the measurement of the distance of a development from a transit stop be measured from any point on the property of the proposed development to any point on the property where the transit stop is located. The bill would also make technical changes with respect to the definition of "major transit stop" under the Density Bonus Law. (7) Existing law prohibits, except as provided, upon the request of a developer, a city, county, or city and county from requiring a vehicular parking ratio for a development that qualifies for a density bonus that exceeds specified amounts of onsite parking per bedroom. Existing law also specifies the parking ratios applicable to a development that include a maximum percentage of low-income or very low income units, that is located within 12 mile of a transit stop, and that provides unobstructed access to the transit stop from the development. This bill would decrease the maximum ratio of vehicular parking for developments with 2 to 3 bedrooms, as specified. This bill would define the term "natural or constructed impediments" for purposes of determining whether a development has unobstructed access to a transit stop. The bill would authorize a developer to request that a city, county, or city and county not impose vehicular parking standards if the development meets specified affordability requirements and either (A) provides unobstructed access to a major transit stop or (B) is a for-rent housing development for individuals who are 62 years of age or older that will have either paratransit service or unobstructed access to a fixed bus route, as specified. (8) Existing law requires a city, county, or city and county to adopt an ordinance that specifies how it will implement the Density Bonus Law, but provides that failure to adopt an ordinance does not relieve a city, county, or city and county from complying with that law. Existing law also authorizes a city, county, or city and county, if permitted by local ordinance, to grant a density bonus greater than what is described in the Density Bonus Law or to grant a proportionately lower density bonus than what is required by the Density Bonus Law for developments that do not meet the requirements of that law. This bill, notwithstanding any other law, would provide that a city, including a charter city, county, or city and county that has adopted an ordinance or a housing program, or both an ordinance and a housing program, that incentivizes the development of affordable housing that allows for density bonuses that exceed the density bonuses required by the Density Bonus Law effective through December 31, 2020, is not required to amend or otherwise update its ordinance or housing program to comply with the amendments made by this bill and is exempt from complying with the incentive and concession calculation amended by this bill, as provided. (9) This bill would incorporate additional changes to Section 65400 of the Government Code proposed by AB 168 and SB 1085 to be operative only if this bill and either or both AB 168 and SB 1085 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65915 of the Government Code proposed by SB 1085 to be operative only if this bill and SB 1085 are enacted and this bill is enacted last. (10) By adding to the duties of local planning officials with respect to preparing and submitting the above-described annual report to the Department of Housing and Community Development and awarding density bonuses, 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.
(1) Existing law establishes various offices within the Governor's office with specified duties and responsibilities. This bill would create, within the Governor's office, the Office to End Homelessness, which would be administered by the Secretary on Homelessness appointed by the Governor. The bill would require that the office serve the Governor as the lead entity for ending homelessness in California and would task the office with coordinating homeless programs, services, data, and policies between federal, state, and local agencies, among other responsibilities. The bill would require the office to exercise various powers and duties, including, among others, making recommendations to the Governor and the Legislature regarding new state policies, programs, and actions on homelessness. The bill would require the office to be comprised of specified employees serving within the state civil service and to oversee and carry out the existing mandates of the Homeless Coordinating and Financing Council, as defined and described below. (2) Existing law requires the Governor to establish the Homeless Coordinating and Financing Council (referred to as "the coordinating council") and appoint up to 19 members of that council, including the Secretary of Business, Consumer Services, and Housing, or the secretary's designee, to serve as the chair of the coordinating council. Existing law requires that the coordinating council be under the direction of an executive director, who is under the direction of the Business, Consumer Services, and Housing Agency, and staffed by employees of that agency. This bill would require that the coordinating council be under the supervision of the Secretary on Homelessness of the Office to End Homelessness. The bill would further require that the Secretary on Homelessness, or the secretary's designee, serve as chair of the council in place of the Secretary of Business, Consumer Services, and Housing. The bill would also change the composition of the council by reducing the overall number of members to 13, replacing representatives of specified state agencies with directors and secretaries of those agencies, adding the Director of Public Health to the council membership, making certain positions part of an advisory committee to the council, and making other related changes. The bill would provide for the transfer of specified duties, powers, employees, assets, and liabilities of the Business, Consumer Services, and Housing Agency and the office of the Governor to the Office to End Homelessness with respect to the council, as specified. (3) Existing law authorizes the coordinating council to establish working groups, task forces, or other structures from within its membership or with outside members to assist it in its work. The Bagley-Keene Open Meeting Act requires, with specified exceptions for authorized closed sessions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The bill would provide that the Bagley-Keene Open Meeting Act does not apply to a meeting of a working group, task force, or other structure of the council if only a minority of the members of the council participate in that working group, task force, or other structure. The bill would specify that, except under those circumstances, the council and its meetings are subject to the act. (4) Existing law charges the coordinating council, among other duties, with the goal of creating a statewide data system or warehouse to match data on homelessness to programs impacting homeless recipients of state programs. This bill would require that statewide data system or warehouse to be known as the Homeless Data Integration System. The bill would require all Continuums of Care, as defined, which are currently operating in California, to provide collected data elements, as provided, to the Homeless Management Information System. The bill would prohibit any health information or personal identifying information provided to, or maintained within, that system from being subject to public inspection or disclosure under the California Public Records Act. (5) Existing law provides that the goals of the coordinating council include, among other things, creating partnerships among state agencies and departments, local government agencies, federal agencies, and specified other entities for the purpose of arriving at specific strategies to end homelessness. Existing law requires agencies and departments administering state programs, as defined, to collaborate with the coordinating council to adopt guidelines and regulations, or to revise existing guidelines and regulations, as applicable, to incorporate core components of Housing First, as defined. This bill would require, upon the request of the coordinating council, an agency or department that administers one or more state programs to furnish to the coordinating council any relevant information regarding those state programs. (6) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (7) This bill would incorporate additional changes to Section 8256 of the Welfare and Institutions Code proposed by SB 815 to be operative only if this bill and SB 815 are enacted and this bill is enacted last.
Existing law establishes the Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency, and requires the department to administer various housing programs throughout the state, including programs that address the needs of homeless individuals and families, and to review local ordinances for the design, development, and operation of homeless shelters in cities and counties that have declared a shelter crisis. Existing law also requires a state agency or department that funds, implements, or administers a state program that provides housing or housing-related services to people experiencing homelessness or at risk of homelessness to revise or adopt guidelines and regulations to incorporate the core components of Housing First, an evidence-based model that uses housing as a tool, rather than a reward, for recovery. This bill would declare that it is the policy of the state that every individual has the right to safe, decent, and affordable housing, and would require the policy to consider homelessness prevention, emergency accommodations, and permanent housing, as specified. The bill would, among other things, require all relevant state agencies and departments, including, but not limited to, the Department of Housing and Community Development, the State Department of Social Services, and the Office of Emergency Services to consider that state policy when revising, adopting, or establishing policies, regulations, and grant criteria when those policies, regulations, and criteria are pertinent to advancing the guidelines listed as core components of Housing First. The bill would make these provisions operative on January 1, 2026, and would make implementation of these provisions subject to an appropriation of funds in the annual Budget Act for these purposes.
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law prohibits a board within the department from denying licensure to an applicant based upon their citizenship or immigration status. This bill, notwithstanding any other law, would require a board within the department to expedite, and authorize it to assist, the initial licensure process for an applicant who supplies satisfactory evidence to the board that they are a refugee, have been granted asylum, or have a special immigrant visa, as specified. The bill would authorize a board to adopt regulations necessary to administer these provisions.
(1) Existing law requires the State Department of Public Health to establish a list of reportable communicable and noncommunicable diseases and conditions and to specify the requirements for a health officer, as defined, to report each listed disease and condition. Existing law requires a health officer to report the listed diseases and conditions and to take other specified measures to prevent the spread of disease. A violation of these requirements imposed on a health officer is a crime. This bill would require any electronic tool used by a health officer, as defined, for the purpose of reporting cases of communicable diseases to the department, as specified, to include the capacity to collect and report data relating to sexual orientation and gender identity, thereby imposing a state-mandated local program. The bill would also require a health care provider, as defined, that knows of or is in attendance on a case or suspected case of specified communicable diseases to report to the health officer for the jurisdiction in which the patient resides the patient's sexual orientation and gender identity, if known. Because a violation of these requirements by a health care provider or a health officer would be a crime, this bill would impose a state-mandated-local program. (2) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (3) This bill would declare that it is to take effect immediately as an urgency statute.