Asm. James Gallagher

Existing law generally regulates classes of insurance, including fire insurance. Existing law defines the measure of indemnity for a loss under a fire insurance policy and prohibits, in the event of a total loss of the insured structure, a policy from limiting or denying payment of the building code upgrade cost or the replacement cost on the basis that the insured has decided to rebuild at a new location or to purchase an already built home at a new location. If an insured decides to purchase an already built home at a new location, this bill would prohibit an insurer from deducting the value of land at the new location from its payment to the insured.

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 (Borello) . This bill would repeal those existing provisions and instead require a determination of whether a person is an employee or an independent contractor to be based on the specific multifactor test set forth in Borello, including whether the person to whom service is rendered has the right to control the manner and means of accomplishing the result desired, and other identified factors. The bill would make related, conforming changes. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, the Information Practices Act of 1977, prescribes a set of requirements, prohibitions, and remedies applicable to public agencies, as defined, with regard to their collection, storage, and disclosure of personal information. Existing law prohibits a public agency from selling, renting, or distributing an individual's name and address for commercial purposes, unless that action is specifically authorized by law. Existing law prescribes civil remedies and penalties for violations of the act. This bill would make an agency be liable for all damages proximately caused by a negligent or intentional violation of the requirements of the Information Practices Act of 1977. The bill would also prohibit an agency from in any way selling, renting, or exchanging for a commercial purpose the personal information that the agency holds, unless consented to by the person to whom that information applies. 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.

Existing law, the California Revised Uniform Limited Liability Company Act, governs the formation and operation of limited liability companies in this state. Existing law requires each limited liability company (LLC) and foreign LLC registered to transact intrastate business in California to deliver a statement of information, within 90 days after the filing of its original articles of organization or registering to transact intrastate business and biennially thereafter, on a form prescribed by the Secretary of State containing certain information about the LLC. Existing law authorizes an LLC or foreign LLC, if it chooses to receive renewal notices and other notifications from the Secretary of State by electronic mail instead of by United States mail to include a valid electronic mail address for the LLC or foreign LLC or its designee to receive these notices. This bill would instead require the statement of information, on the form prescribed by the Secretary of State, to contain a valid electronic mail address for the LLC or foreign LLC or its designee to receive renewal notices and other notifications from the Secretary of State by electronic mail instead of by United States mail.

This measure would commemorate the long history of Easter, its importance to the Christian faith, and would encourage all Californians to celebrate the Easter holiday.

The California Constitution provides that the Legislature meets in a biennial regular session, commencing with the first Monday in December in each even-numbered year, when each house is required to immediately organize, and concluding at midnight on November 30 of the next even-numbered year. The California Constitution requires the Governor to submit to the Legislature a budget for the ensuing fiscal year within the first 10 days of each calendar year and requires the Legislature to pass the Budget Bill by midnight on June 15 of each year. The California Constitution authorizes the Legislature or either house, by resolution, to provide for the selection of committees necessary for the conduct of its business. This measure would limit the Legislature, in the first year of the regular session, to considering or acting upon only the Budget Bill and related bills, and up to 5 bills introduced by each of the standing committees of the Legislature, as specified. The measure would require the Governor to submit to the Legislature a budget for the ensuing 2 fiscal years within the first 10 days of the first calendar year of the biennium of the legislative session, and would require the Legislature to adopt by June 15 of the first calendar year of the biennium of the legislative session a Budget Bill that appropriates funds to support state government for the next 2-year fiscal period commencing on July 1. The measure, in the second year of the regular session, would limit the Legislature to considering or acting upon only legislation other than the Budget Bill and related bills. The Legislature, by a 23 vote of each house, would be authorized, however, to amend an enacted Budget Bill and related bills in both calendar years of the biennium. This measure would require the Director of Finance in each odd-numbered year of the regular session to select three state agencies on a rotating basis for the purpose of developing a performance-based budget for each agency, as specified. The bill would require the Governor to take those performance based budgets into account when proposing a budget in subsequent fiscal periods. This measure would establish and specify the membership requirements for the Joint Legislative Budget Committee and would authorize the Joint Legislative Budget Committee to approve proposals submitted by the Governor to amend an enacted Budget Bill. A proposed amendment approved by the committee would take immediate effect as a statute. The measure would also make numerous changes to conform to the adoption of a budget for a 2-year fiscal period. The measure provides that these changes would become operative on December 2, 2024, and that the constitutional provisions amended by the measure would continue in effect as they read prior to voter approval of the measure until December 2, 2024.

The Personal Income Tax Law allows various credits against the tax imposed by that law. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill would allow credits against the tax imposed by the Personal Income Tax Law for each taxable year beginning on or after January 1, 2021, and before January 1, 2026, to a qualified taxpayer for qualified costs relating to qualified home hardening, as defined, and for qualified costs relating to qualified vegetation management, as defined, in specified amounts, not to exceed an aggregate amount of $500,000,000 per taxable year. This bill would authorize a qualified taxpayer to reserve a credit for qualified costs relating to qualified home hardening or qualified vegetation management prior to incurring those costs, as specified. The bill would require a qualified taxpayer that reserved a credit to submit a copy of the receipts showing the total qualified costs incurred and a certification by the qualified taxpayer, signed under penalty of perjury, that the qualified taxpayer incurred the qualified costs claimed, as specified. By requiring qualified taxpayers to submit a certification under penalty of perjury, the bill would expand the crime of perjury and impose a state-mandated local program. The bill also would include additional information required for any bill authorizing a new income tax credit and would require the Legislative Analyst's Office to prepare a written report regarding the credits, as provided. 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. This bill would take effect immediately as a tax levy.

This measure would proclaim January 23, 2020, as Maternal Health Awareness Day, to draw attention to the efforts that have improved maternal health in California and to highlight the need for continued improvement of maternal health for all women.