(1) Existing law requires a state agency to comply with specified procedures in awarding agency contracts. Existing law, with specified exceptions, prohibits a state agency authorized to enter into contracts relating to public benefit programs from contracting for services provided by a call center that directly serves applicants for, recipients of, or enrollees in, those public benefit programs with a contractor or subcontractor unless that contractor or subcontractor certifies in its bid for the contract that the contract, and any subcontract performed under that contract, will be performed solely with workers employed in California. Existing law imposes a civil penalty, as provided, for knowingly providing false information in that certification. Existing law also requires the contract to include a clause providing for a right by the state to terminate the contract for noncompliance and specified penalties, if the contractor or subcontractor performs the contract or the subcontract with workers not employed in California during the life of the contract. This bill would prohibit, on or after July 1, 2017, the University of California and the California State University from contracting for services with a contractor or subcontractor unless that contractor or subcontractor certifies, under penalty of perjury, in his or her bid for that contract that the contract, and any subcontract performed under that contract, will be performed solely with workers within the United States or describes in his or her bid any parts of the work that will be performed by workers outside of the United States. The bill would prohibit the University of California and the California State University from expending funds for training for service contract employees located in foreign countries or for training for service contract employees who plan to relocate to a foreign country as part of the service contract, if that service contract displaces an employee of the University of California or the California State University. The bill would require a contract entered into pursuant to the bill to provide, in the event a contractor or subcontractor performs the contract or the subcontract with workers outside the United States during the life of the contract, for the termination of the contract for noncompliance, as specified. The bill would specify the circumstances under which a contractor or the University of California or the California State University would be found to have violated a provision of the bill. The bill would define "displace" for purposes of the bill as the layoff, demotion, involuntary transfer to a new classification or location, or time base reduction of an employee of the University of California or the California State University, under specified conditions. The bill would specify that nothing in its provisions would preclude the University of California and the California State University from contracting with a contractor or subcontractor that utilizes workers in offshore operations in circumstances that do not directly result in the displacement of an employee of the University of California or the California State University. The bill would specify that these provisions do not apply to contracts relating to study abroad programs, or to international teaching, research, or public service activities and projects, conducted by the University of California or the California State University. By requiring contractors and subcontractors to make certifications under penalty of perjury, this bill would create a new crime and thereby 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 no reimbursement is required by this act for a specified reason.
Sponsored bills
(1) Existing law authorizes a person who was born in this state and who has undergone clinically appropriate treatment for the purpose of gender transition to obtain a new birth certificate from the State Registrar. This bill would enact the Gender Recognition Act. For purposes of obtaining a new birth certificate under the provisions above, the bill would delete the requirement that an applicant have undergone any treatment, and instead would authorize a person to submit to the State Registrar an application to change gender on the birth certificate and an affidavit attesting, under penalty of perjury, that the request for a change of gender is to conform the person's legal gender to the person's gender identity and not for any fraudulent purpose. By requiring the affidavit to be attested to under penalty of perjury, the bill would create a crime, thereby imposing a state-mandated local program. The bill would authorize the change of gender on a new birth certificate to be female, male, or nonbinary. (2) Existing law authorizes a person who has undergone clinically appropriate treatment for the purpose of gender transition to petition for a court judgment recognizing the change of gender, and to petition for a court order conforming the person's name to the person's gender identity. Existing law provides specific procedures to seek these orders and judgments, either separately or in combination. This bill, commencing on September 1, 2018, would delete the requirement that a person have undergone any treatment to seek a court judgment to recognize a change of gender and instead would authorize the petitioner to attest, under penalty of perjury, that the request is to conform the person's legal gender to the person's gender identity and not for any fraudulent purpose. By requiring the affidavit to be attested to under penalty of perjury, the bill would create a crime, thereby imposing a state-mandated local program. The bill would authorize a change of gender in the court judgment to female, male, or nonbinary. The bill would provide modified procedures to obtain a court order for a change of name to conform to the petitioner's gender identity and a court judgment to recognize a change in the petitioner's gender. The bill would provide a separate procedure for a person under 18 years of age to petition for a court judgment to recognize a change of gender to female, male, or nonbinary. (3) Existing law requires the Department of Motor Vehicles to issue a driver's license to an applicant when the department determines that the applicant is lawfully entitled to a license, and requires the license to contain, among other things, a brief description and engraved picture or photograph of the licensee for the purpose of identification. Existing law requires the application for an original driver's license or renewal of a driver's license to contain specified information, as provided by the applicant. Existing law also authorizes the department to issue identification cards and requires an identification card to adequately describe the applicant. Existing law requires the department, upon issuance of a new identification card or renewal of an identification card, to provide information regarding organ and tissue donation, including an enrollment form for the California Organ and Tissue Donor Registry that requires an applicant to mark his or her sex. This bill, on January 1, 2019, would require an applicant for an original driver's license or renewal of a driver's license to choose a gender category of female, male, or nonbinary, as specified, and would require the department to adopt regulations to provide a process for an amendment to a gender category under these provisions. The bill would also require the enrollment form for the California Organ and Tissue Donor Registry to instead require an applicant to mark his or her gender. This bill would make legislative findings and declarations in support of its provisions. (4) 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 the State Coastal Conservancy in state government, and prescribes the membership and functions and duties of the conservancy with regard to the protection, preservation, and enhancement of specified coastal lands in the coastal zone, as defined. Existing law establishes the California Coastal Commission, and prescribes the commission's duties with regard to, among other things, the review and issuance of coastal development permits for development within the coastal zone, as defined. Existing law authorizes the commission to charge various in-lieu fees to an applicant for a coastal development permit and use those fees for certain purposes related to coastal protection and preservation. This bill would require the conservancy to develop and implement a specified Lower Cost Coastal Accommodations Program intended to facilitate improvement of existing, and development of new, lower cost accommodations within 112 miles of the coast. The bill would require the conservancy to take specified actions to develop and implement the program, as prescribed. The bill would require the conservancy to prepare a lower cost coastal accommodations assessment containing specified information relating to specific opportunities to improve existing, and generate new, lower cost coastal accommodations, and to update the assessment not less than every 5 years. The bill would also authorize the conservancy to develop and implement a pilot program for the purposes of identifying and testing measures that support development, improvement, maintenance, and the operation of lower cost coastal accommodations by nonprofit or for-profit private entities, and would require the conservancy to establish criteria for the selection of projects to be included in the pilot program. The bill would authorize the commission to reclaim any in-lieu fee, as defined, that has not been expended within 7 years of its deposit with the appropriate entity, and reassign any such fee for use for one or more lower cost coastal accommodation and visitor-serving facilities projects, as described, if the executive director of the commission makes a specified written determination that the in-lieu fee will be better utilized by the reassignment to those projects, as specified. (2) Existing law authorizes the State Public Works Board to select and acquire, in the name of and on behalf of the state, with the consent of the state agency concerned, the fee or any lesser right or interest in any real property necessary for any state purpose or function. Existing law requires that all land and other real property to be acquired by or for any state agency, except for specified state agencies including the State Coastal Conservancy with respect to acceptance of offers to dedicate public accessways made pursuant to the California Coastal Act of 1976, be acquired by the state board. This bill would exempt land acquired by the conservancy for the purposes of the program from that requirement.
Under existing law, programs have been established pursuant to bond acts for, among other things, the development and enhancement of state and local parks and recreational facilities. Existing law, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds in the amount of $7,545,000,000 to finance a water quality, supply, and infrastructure improvement program. Existing law, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, an initiative measure approved by the voters as Proposition 84 at the November 7, 2006, statewide general election, authorizes the issuance of bonds in the amount of $5,388,000,000 for the purposes of financing safe drinking water, water quality and supply, flood control, natural resource protection, and park improvements. Existing law, the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, approved by the voters as Proposition 40 at the March 5, 2002, statewide primary election, authorizes the issuance of bonds in the amount of $2,600,000,000, for the purpose of financing a program for the acquisition, development, restoration, protection, rehabilitation, stabilization, reconstruction, preservation, and interpretation of park, coastal, agricultural land, air, and historical resources. This bill would enact the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, which, if approved by the voters, would authorize the issuance of bonds in an amount of $4,000,000,000 pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program. The bill, upon voter approval, would reallocate $100,000,000 of the unissued bonds authorized for the purposes of Propositions 1, 40, and 84 to finance the purposes of a drought, water, parks, climate, coastal protection, and outdoor access for all program. The bill would provide for the submission of these provisions to the voters at the June 5, 2018, statewide primary direct election. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the California Fair Employment and Housing Act (FEHA) , protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, except as specified. The FEHA also prohibits the owner of any housing accommodation from discriminating against any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information of that person. In furtherance of these purposes, the FEHA establishes the Department of Fair Employment and Housing and the Fair Employment and Housing Council and prescribes the duties of that department and council. The FEHA also establishes procedures for the prevention and elimination of unlawful employment practices and of discrimination in housing. Existing law requires every employer in this state to permit any employee who indicates in writing a desire in a reasonable time and can demonstrate the ability to do so, to continue his or her employment beyond any retirement date contained in any private pension or retirement plan. Existing law, the Moore-Brown-Roberti Family Rights Act, makes it an unlawful employment practice for an employer, as defined, to refuse to grant a request by an eligible employee to take up to 12 workweeks of unpaid protected leave during any 12-month period (1) to bond with a child who was born to, adopted by, or placed for foster care with, the employee, (2) to care for the employee's parent, spouse, or child who has a serious health condition, as defined, or (3) because the employee is suffering from a serious health condition rendering him or her unable to perform the functions of the job. This bill would revise these provisions by deleting gender-specific personal pronouns and by making other conforming changes. Existing law makes it an unlawful employment practice, unless based upon a bona fide occupational qualification, for the governing board of any school district to, among other things, refuse to hire or employ a female person because of pregnancy or for an employer to, among other things, refuse to allow a female employee disabled by pregnancy, childbirth, or a related medical condition to take a leave for a reasonable period of time not to exceed 4 months and thereafter return to work. This bill would make these provisions gender neutral by deleting references to "female person" and "female employee" and referring instead to "person" and "employee" and by making other conforming changes.
Existing law requires a manufacturer of carpets sold in this state to submit, either individually or through a carpet stewardship organization, a carpet stewardship plan that meets specified requirements to the Department of Resources Recycling and Recovery. Existing law imposes a carpet stewardship assessment per unit of carpet sold in the state that is remitted to the carpet stewardship organization and may be expended to carry out the organization's carpet stewardship plan. Existing law provides that the purpose of carpet stewardship laws is to increase the amount of postconsumer carpet that is diverted from landfills and recycled into secondary products or otherwise managed in a manner that is consistent with the state's hierarchy for waste management practices. Existing law requires a carpet stewardship organization, in order to achieve compliance with the carpet stewardship laws, to demonstrate to the department that it has achieved continuous meaningful improvement in the rates of recycling and diversion of postconsumer carpet subject to its stewardship plan and in meeting the other specified goals included in the organization's plan. This bill would provide that it is the goal of the state to reach a 24% recycling rate for postconsumer carpet by January 1, 2020, and to meet or exceed that rate continually thereafter. The bill would require a carpet stewardship plan to achieve a 24% recycling rate for postconsumer carpet by January 1, 2020, and to include quantifiable 5-year goals and annual goals, as specified. The bill would require a carpet stewardship plan to achieve any other recycling rate, and include goals, that the department required after plan review. The bill would require a review no sooner than January 1, 2020, and no less frequently than every 3 years thereafter and would authorize adjustments to the recycling rate and program goals by the department upon each review. The bill would require a carpet stewardship organization to provide to the department all data necessary for the department to evaluate the effectiveness of the program as it is described in the carpet stewardship plan and in annual reports submitted by the carpet stewardship organization. If a carpet stewardship plan that was previously approved by the department terminates or is revoked, the bill would authorize the department to allow a manufacturer that is no longer subject to the plan to continue to sell carpet in California for a period of one year after the plan terminates or is revoked, without being subject to penalties, if the manufacturer meets either of 2 requirements. The bill would revise the criteria that a carpet stewardship organization is required to meet in order to achieve compliance with the carpet stewardship laws. The bill would prohibit a carpet stewardship organization from expending funds from the carpet stewardship assessment for specified costs and penalties, including for engineered solid waste conversion, as defined, the use of cement kilns to burn carpet, or transformation, as defined. The bill would create an advisory committee that would be required to provide comments and recommendations on carpet stewardship plans, amendments to plans, and annual reports. The bill would require the carpet stewardship organization or manufacturer to incorporate those recommendations to the extent feasible. The bill would require the Director of Resources Recycling and Recovery, the Speaker of the Assembly, and the Senate Committee on Rules to appoint members to the advisory committee, as specified. Existing law requires the Department of General Services, to the extent feasible and within existing resources, to take appropriate steps, including, but not limited to, revising relevant procurement rules, to ensure that postconsumer carpet that is removed from state buildings is managed in a manner consistent with the purpose of the carpet stewardship laws. This bill would require the Department of General Services to additionally ensure, under those same conditions, that carpet purchased by a state agency contains a minimum amount of postconsumer content that would be determined by the Department of General Services and published in the State Contracting Manual by July 1, 2018. Existing law defines "carpet" for purposes of these laws to mean a manufactured article that is used in commercial or residential buildings affixed or placed on the floor or building walking surface as a decorative or functional building interior feature and that is primarily constructed of a top visible surface of synthetic face fibers or yarns or tufts attached to a backing system derived from synthetic or natural materials. This bill would expand the carpet stewardship program by revising the definition of carpet to include manufactured items that meet those same descriptions, but that are primarily constructed of a top visible surface of natural face fibers, yarns, or tufts.
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Under existing law, an employer must provide reasonably required treatments, including, but not limited to, medical and surgical treatment, to cure or relieve an employee's injuries sustained in the course of his or her employment. This bill would require employers to provide immediate support from a nurse case manager to employees injured in the course of employment by an act of domestic terrorism, as defined, would require employer-appointed nurse case managers to assist claimants to obtain medically necessary medical treatments, as specified, and would require an employer to provide a prescribed notice to claimants, as specified. The bill would make its provisions applicable only if the Governor declares a state of emergency, as defined, in connection with the act of domestic terrorism. This bill would make related legislative findings and declarations.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of his or her parents or guardian, and establishes procedures to determine placement of a dependent child. This bill would make various changes to these procedures relating to the placement of dependent children, including, among other things, by revising the preference to make a placement with specified relatives and, instead, to grant a preference for placement with any relative. Existing law provides for the implementation, by counties and foster family agencies, of the resource family approval process, which is a unified, family friendly, and child-centered approval process that replaces the multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families. This bill would make various changes to the resource family approval process by, among other things, authorizing a county or a foster family agency to approve a resource family to care for a specific child; implementing processes to place a resource family on inactive status, transfer approval as a resource family between foster family agencies and between a foster family agency and a county, and certify respite care providers; and prohibiting a resource family from being licensed to operate certain other residential facilities on the same premises as the residence of the resource family. The bill would also make changes to the hearings that are currently a part of the resource family approval process by, among other things, authorizing the testimony of a child witness or similarly vulnerable witness in a resource family hearing to be taken out of the presence of the respondent if certain circumstances are present, and imposing limits, in a resource family hearing in which a child or other minor is the victim in an allegation of inappropriate sexual conduct, on the discovery and admissibility of evidence of specific instances of sexual conduct with victims other than the alleged perpetrator. The bill would require certain hearings relating to resource families, foster homes, or certified family homes of a foster family home to be confidential and not open to the public, but would authorize an administrative law judge to admit persons deemed to have a direct and legitimate interest in the particular case or the work of the court on a case-by-case basis. The bill would require the department to develop an intensive services foster care program to serve children with specific needs, including intensive treatment and behavioral needs and specialized health care needs, whose needs for safety, permanency, and well-being require specially trained resource parents and intensive professional and paraprofessional services and supports in order to remain in a home-based setting or to avoid or exit congregate care in a short-term residential therapeutic program, group home, or out-of-state residential center. Existing law, the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, requires foster care providers to be paid a per child per month rate, established by the State Department of Social Services, for the care and supervision of the child placed with the provider. This bill would prohibit foster care payments from being considered as income of the foster parent or child for purposes of determining eligibility and benefits for specified state or federal programs unless required by federal law as a condition of the receipt of federal financial participation. Existing law, the California Community Care Facilities Act, provides for the licensure of short-term residential therapeutic programs and foster family agencies. Existing law requires the department to establish rates for short-term residential therapeutic programs and foster family agencies that include an interim rate that is effective January 1, 2017, to December 31, 2017, and that becomes inoperative on January 1, 2018. This bill would instead make that interim rate effective January 1, 2017, to December 31, 2018, and make it inoperative on January 1, 2019. The bill would also require the department to develop, implement, and maintain a ratesetting methodology and rates schedule for specified transitional housing placement providers and, retroactive to January 1, 2017, to align the rate for county wraparound services with the rate paid to short-term residential therapeutic programs. The bill would require the department to develop performance standards and outcome measures for determining the effectiveness of the care and supervision provided to children placed in out-of-home family-based care placements. This bill would make various other related and conforming changes. By imposing additional duties on counties and by expanding the duties of foster family agencies for which the failure to comply is a crime, this bill would impose a state-mandated local program. The bill would require the State Department of Social Services and the State Department of Health Care Services to adopt regulations necessary to implement these provisions, Chapter 612 of the Statutes of 2016, and Chapter 773 of the Statutes of 2015, and would authorize those departments to implement and administer the changes made by this bill through all-county letters or similar written instructions until regulations are adopted. 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. This bill would incorporate additional changes proposed by AB 501, AB 811, AB 1006, SB 12, SB 612, SB 625, and SB 811 to be operative only if this bill and those bills are enacted and this bill is enacted last. 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 specified reasons.
Existing law, the Child Care and Development Services Act, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age. Existing law establishes eligibility requirements and requires families to meet at least one requirement in each of 2 specified areas, including the area relating to why the family has a need for the child care service. This bill would include in the area relating to need, as a requirement that may be satisfied for purposes of eligibility, that the family needs the child care services because the parents are engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate.
(1) The Child Care and Development Services Act has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to develop standards for the implementation of quality child care programs. Existing law authorizes the Counties of Alameda, San Mateo, and Santa Clara, as pilot projects, to develop an individualized county child care subsidy plan, as provided. This bill would authorize, until January 1, 2023, the Counties of Monterey, San Benito, and Santa Cruz to develop individualized county child care subsidy plans, as specified. The bill would require the plans to be submitted by the counties to their local planning council and their respective county board of supervisors for approval, as specified. The bill would require the Early Education and Support Division of the State Department of Education to review and approve or disapprove the plans and any subsequent modifications to the plans and, in specified situations, would require the State Department of Social Services to review the plans. The bill would require the counties to annually prepare and submit to the Legislature, the State Department of Social Services, and the State Department of Education a report that contains specified information relating to the success of the counties' plan. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Monterey, San Benito, and Santa Cruz. (2) Existing law authorizes the County of Santa Clara, as a pilot project, to develop an individualized county child care subsidy plan, as provided. Existing law requires the plan to include specified elements, including the development of a local policy, as provided. Existing law requires the local policy to, among other things, authorize an agency that provides child care and development services in the county through a contract with the State Department of Education and either provides direct services or contracts with licensed providers or centers to apply to the department to amend existing contracts in order to benefit from the local policy. This bill would instead require the local policy, among other things, to authorize an agency that provides child care and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy. Existing law authorizes the local policy to supersede state law concerning child care subsidy programs with regard to specified factors, including eligibility criteria relating to CalWORKs participation, with exceptions. This bill would delete the above provisions relating to superseding eligibility criteria relating to CalWORKs participation and the exceptions. Existing law also requires the plan to include a recognition that all funding sources utilized by direct service contractors that provide child care and development services in the County of Santa Clara and contractors that contract with licensed providers and centers are eligible to be included in the county's plan. This bill would instead require the plan to include a recognition that all funding sources utilized by contractors that provide child care and development services in the County of Santa Clara are eligible to be included in the county's plan.