Existing case law, as established in the case of Dynamex Operations W. 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 those purposes. Existing statutory 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 not an employee under 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 the ABC test described above, including licensed insurance agents, certain health care professionals, including physicians and surgeons, dentists, and podiatrists, subject to meeting certain conditions and license requirements. Existing law, instead, provides that these exempt relationships are governed by the multifactor test previously established in the case of 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 health facilities, as defined, which contract with companies that employ health care providers who provide services to patients at those facilities.
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Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge children who have suffered abuse or neglect to be dependents of the court under certain circumstances, and prescribes various hearings and other procedures for these purposes. Existing law requires the county welfare department to submit reports at the first regularly scheduled review hearing after a dependent child has attained 16 years of age and at the last regularly scheduled review hearing before a dependent child attains 18 years of age, and at every regularly scheduled review hearing thereafter, verifying that the county has provided certain information, documents, and services to the child or nonminor dependent. This bill would also require the county welfare department to document in the report submitted at the last regularly scheduled review hearing before a dependent child attains 18 years of age that the minor has been provided te minor's school records and other academic records. By increasing the duties of county welfare departments, 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 provides for the licensure and regulation of contractors by the Contractors' State License Board (board) . Under existing law, a willful or deliberate disregard by a licensed contractor of various state building, labor, and safety laws constitutes a cause for disciplinary action by the board. This bill would add illegal dumping to the list of violations that constitute a cause for disciplinary action against a contractor by the board.
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.
Existing law, the California Safe Drinking Water Act, provides for the operation of public water systems and imposes on the State Water Resources Control Board various responsibilities and duties. The act authorizes the state board to order consolidation with, or extension of service from, a receiving water system if a public water system or state small water system serving a disadvantaged community consistently fails to provide an adequate supply of safe drinking water or if a disadvantaged community is substantially reliant on domestic wells that consistently fail to provide an adequate supply of safe drinking water. Existing law makes related findings and declarations. This bill would make nonsubstantive changes to those findings and declarations.
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.
This measure would respectfully urge the United States Congress to pass, and the President of the United States to sign, legislation that would immediately end the military survivor's compensation offset known as the Widow's Tax.
Existing law establishes the California Renewables Portfolio Standard Program, which requires the Public Utilities Commission to implement annual procurement targets for the procurement of eligible renewable energy resources, as defined, for all retail sellers, as defined, and requires local publicly owned electric utilities to adopt and implement a renewable energy resources procurement plan to achieve the targets and goals of the program. Eligible renewable energy resources include small hydroelectric generation facilities of 30 megawatts or less that meet specified criteria. Existing law states that it is the policy of the state that eligible renewable energy resources and zero-carbon resources supply 100% of retail sales of electricity to California end-use customers and 100% of electricity procured to serve all state agencies by December 31, 2045. This bill would revise the definition of an eligible renewable energy resource for the purposes of the California Renewables Portfolio Standard Program to include all hydroelectric generating facilities in operation as of January 1, 2021, and nuclear electric generating facilities and would make conforming changes. This bill would suspend the requirements of the program and the state policy that are applicable to retail sellers. The bill would terminate the suspensions if the commission makes unspecified factual determinations and issues an order reinstating those requirements. The bill would require the commission to determine the amount saved by an electrical corporation due to the suspension and would require the electrical corporation to expend that amount to improve its transmission and distribution infrastructure to minimize the risk of wildfire ignition. The bill would require the commission to require retail sellers to maintain their procurement levels of bioenergy products under the agreements in effect as of December 31, 2020, for the duration of the suspension. The bill would prohibit electrical corporations from increasing the salaries of, or providing bonuses to, their executive officers during the suspension of the program's requirements. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the 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.