This measure would proclaim March 15, 2020, to March 22, 2020, as California Down Syndrome Awareness Week and March 21, 2020, as California Down Syndrome Day, and would encourage all Californians to support and participate in related activities.
This measure, in accordance with specified law, would declare that the state of emergency proclaimed by the Governor on March 4, 2020, is at an end and terminate the emergency powers granted to the Governor as a result of that proclamation.
Existing law authorizes a vote by mail voter who is unable to return their ballot to designate any other person to return the ballot. This bill, during, or within 6 months of the suspension of, a duly proclaimed state of emergency or local emergency due to an epidemic or other contagious disease, including COVID-19, would only allow a spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household of the voter to be designated to return a voter's vote by mail ballot, and, except as provided, would prohibit the return of vote by mail ballots by a paid or volunteer worker of a campaign or political party or any other group or organization at whose behest the individual designated to return the ballot is performing a service. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the Department of Consumer Affairs, which is composed of boards that license and regulate various professions and vocations to ensure that certain businesses and professions that have potential impact upon the public health, safety, and welfare are adequately regulated. Existing law makes a violation of some of those licensure provisions a crime. Existing law authorizes certain boards, for purposes of reciprocity, to waive examination or other requirements and issue a license to an applicant who holds a valid license in another state and meets specified other requirements, including, among others, a license to practice veterinary medicine. This bill, with exceptions, would require each board within the department to issue a license to an applicant in the discipline for which the applicant applies if the person meets certain requirements, including, but not limited to, that the person is married to, or is in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States, who is assigned to a duty station in this state, the person currently holds a license in good standing in another state in the discipline and practice level and with the same scope of practice for which the person applies, the person has held the license and has practiced in the licensed field in another state or jurisdiction for at least 3 of the last 5 years, and the person pays all applicable fees and complies with any applicable surety bond and insurance requirements. By expanding the applicants who are authorized to be licensed and who may be prosecuted for a violation of those licensure provisions constituting a crime, the bill would impose a state-mandated 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 prohibits a person from using or operating, or assisting in using or operating, a boat, aircraft, net, trap, line, or other appliance to take fish for commercial purposes unless the person holds a commercial fishing license issued by the Department of Fish and Wildlife. Existing law generally requires any person who engages in any business for profit involving fish to have a commercial fish business license issued by the department, and requires specialty licenses for specified classes of fish business. Existing law requires all fish taken or otherwise dealt with under the law to be exhibited upon demand to any person authorized by the department to enforce any law relating to the protection and conservation of fish. A violation of the Fish and Game Code or a regulation adopted pursuant to the code is a crime. This bill would require a person who holds a commercial fishing license or a commercial fish business license, upon request of an authorized agent or employee of the department, to immediately relinquish, at no charge, a fish or parts of a fish caught or landed in California to the department for the purpose of collecting a biological sample. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program. (2) Existing law authorizes crab traps to be set and baited 64 hours prior to the opening date of the Dungeness crab season in Fish and Game Districts 6, 7, 8, and 9. Existing law also authorizes crab traps to be set and baited in advance of that opening date in those districts if no other attempt is made to take or possess Dungeness crab in those districts. Existing law also provides, except in Fish and Game Districts 6, 7, 8, and 9, that crab traps may be set and baited 18 hours in advance of the opening date of the Dungeness crab season, if no other attempt is made to take or possess Dungeness crab. This bill would instead authorize crab traps to be set and baited 64 hours before the opening date of the Dungeness crab season regardless of the Fish and Game District. The bill would also make conforming changes. (3) Existing state law, the Sherman Food, Drug, and Cosmetic Law, makes it unlawful to manufacture, sell, deliver, hold, or offer for sale adulterated food. Existing law prescribes when a food is adulterated, including if it bears or contains any poisonous or deleterious substance that may render it injurious to the health of a person or other animal that may consume it. Existing law makes a violation of the Sherman Food, Drug, and Cosmetic Law or a regulation adopted pursuant to that law a misdemeanor. Existing law authorizes the Director of Fish and Wildlife to order the closure of any waters or otherwise restrict the taking in state waters of any species of fish if the Director of Environmental Health Hazard Assessment, in consultation with the State Public Health Officer, determines that the species or subspecies of fish is likely to pose a human health risk from high levels of toxic substances. Existing law provides for the Director of Fish and Wildlife, upon receiving notification from the Director of Environmental Health Hazard Assessment that a human health risk no longer exists and a request to reopen those waters, to reopen those waters in a manner that promotes a fair and orderly fishery. A violation of the Fish and Game Code or a regulation adopted pursuant to the code is a crime. This bill would authorize the State Department of Public Health to adopt regulations to authorize the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab that is caught in waters where the department determined that the viscera of Dungeness crab exceeds allowable levels of domoic acid for Dungeness crab adopted by the department if the meat of Dungeness crab does not exceed allowable levels of domoic acid for Dungeness crab adopted by the department. The bill would require the State Department of Public Health to adopt these regulations consistent with specified requirements. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. The bill would require the State Department of Public Health to order the evisceration, as defined, of Dungeness crab if the domoic acid for Dungeness crab exceeds the allowable levels in certain areas when specified criteria exist. The bill would require the State Department of Public Health to only authorize the evisceration of Dungeness crab by a licensed processor, as defined, that also has a specified plan approved by the State Department of Public Health for handling and preparing eviscerated crab, and would also require the State Department of Public Health to establish labeling requirements for eviscerated crab, as specified, and to require the processor to maintain written recall procedures. The bill would require the State Department of Public Health to consult with a certain Dungeness crab task force or a replacement task force or committee to establish the criteria for the manufacture, sale, delivery, holding, or offering for sale of Dungeness crab caught in areas subject to an evisceration order by the State Department of Public Health. The bill would require the State Department of Public Health to publish notice of the proposed criteria, as specified, and make the criteria effective by operation of law as regulations 90 days after the notice is published. The bill would require the Department of Fish and Wildlife to adopt regulations that govern the commercial take of Dungeness crab during a time period when the State Department of Public Health authorizes the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab pursuant to the above-described provisions. The bill would require these regulations to require the holder of a Dungeness crab vessel permit to submit to electronic monitoring of the vessel while engaged in the take of Dungeness crab, as specified. The bill would authorize a person who takes Dungeness crab to sell or provide the Dungeness crab only to a processor approved by the State Department of Public Health, as specified. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. (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. (5) This bill would declare that it is to take effect immediately as an urgency statute.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would exempt from the requirements of CEQA wildfire defense vegetation management projects, as defined, meeting certain requirements. Because a lead agency would be required to determine the applicability of this exemption to a project, 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 authorizes a vote by mail voter who is unable to return their ballot to designate any other person to return the ballot. This bill, during a duly proclaimed state of emergency or local emergency due to an epidemic or other contagious disease, would only allow a spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household of the voter to be designated to return a voter's vote by mail ballot, and, except as provided, would prohibit the return of vote by mail ballots by a paid or volunteer worker of a campaign or political party or any other group or organization at whose behest the individual designated to return the ballot is performing a service.
Existing law, as established in the case of Dynamex Operations W. Inc. 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 purposes of specified wage orders. 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 commonly known as the "ABC" test. 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 Dynamex and these provisions. Existing law instead provides that these exempt relationships are governed by the test adopted in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. This bill would expand the above-described exemptions to also include individuals providing services as a sports official, as defined, for a youth or adult amateur sports event, unless the official is already exempted from the definition of employee under another statute or regulation, as specified.
Existing law, the Nursing Practice Act, provides for the licensure and regulation of the practice of nursing by the Board of Registered Nursing and 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 requires the curriculum of a nursing program to include clinical practice hours and requires 75% of clinical hours in a course to be in direct patient care in a board-approved clinical setting. This bill would provide that, during a state or local emergency declared on the basis of epidemic or contagious disease, only 25 % of clinical hours would be required to be in direct patient care in a hospital or other board-approved setting and would authorize up to 75% of clinical hours to be satisfied by simulation training.
Existing law authorizes the Director of Fish and Wildlife to establish 2 free hunting days per year: one in the fall, and one in the winter. Existing law authorizes a California unlicensed resident to hunt during a free hunting day if accompanied by a licensed hunter, subject to certain conditions. Existing law prohibits these provisions from being implemented until the Department of Fish and Wildlife's Automated License Data System is fully operational for at least one year. This bill would require, rather than authorize, the director to establish 2 free hunting days per year, one in the fall and one in the spring, no later than July 1, 2021. The bill would delete the prohibition requiring a delay in implementation of the above-described provisions.
