Existing law requires the Director of Parks and Recreation, upon the adoption of a specified resolution by the Board of Supervisors of the County of Los Angeles, to grant to the County of Los Angeles, in trust for the people of California, all of the rights, title, and interest of the State of California in specified state beach property, including a portion of Manhattan State Beach. Existing law requires the grant to be made upon the express condition that the County of Los Angeles use, operate, and maintain the granted lands and improvements only for public recreation and beach purposes in perpetuity. Existing law subjects the transfer of those rights, title, and interest in the granted lands to specified restrictions, including prohibitions on new or expanded commercial development on those granted lands and on the sale, transfer, or encumbrance of those granted lands. This bill would exclude specified property located in Manhattan State Beach, commonly known as Bruce's Beach, from the requirement that the property be used only for public recreation and beach purposes in perpetuity and from those specified restrictions. The bill would authorize the property to be sold, transferred, or encumbered upon terms and conditions determined by the Board of Supervisors of the County of Los Angeles to be in the best interest of the county and the general public. The bill would require the Director of Parks and Recreation, on or before December 31, 2021, to execute an amendment to a specified deed that incorporates the exclusion of that property from that requirement and those restrictions. Under the California Constitution, all property is taxable and must be assessed at the same percentage of fair market value, unless otherwise provided in the California Constitution or federal law. The California Constitution limits the maximum amount of any ad valorem tax on real property to 1% of its full cash value and defines "full cash value" for these purposes. Existing property tax law, in accordance with these provisions, defines "full cash value" of real property to mean the fair market value of the property as of the 1975 lien date or, for property which is purchased, is newly constructed, or changes ownership after the 1975 lien date, the date on which the purchase or change in ownership occurs, or the date on which new construction is completed, and if uncompleted, on the lien date. Under existing property tax law, the purchase price, as defined, of real property is rebuttably presumed to be the "full cash value" or "fair market value" if the terms of the transaction were negotiated at arms length between a knowledgeable transferor and transferee neither of which could take advantage of the exigencies of the other. This bill, for purposes of determining the full cash value of Bruce's Beach upon its sale, transfer, or encumbrance as authorized by the bill's provisions, would require that the fair market value of that land be its full cash value as of the 1975 lien date, adjusted by an inflation factor determined as provided. The Personal Income Tax Law and the Corporation Tax Law, in modified conformity with federal law, generally define "gross income" as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income for purposes of computing tax liability. This bill, subject to certain limitations, would provide that, under both the Personal Income Tax Law and the Corporation Tax Law, a recipient's gross income does not include any sale, transfer, or encumbrance of Bruce's Beach, or income directly derived from that sale, transfer, or encumbrance, in accordance with the procedures described above for the taxable year in which the land is sold, transferred, or encumbered. Existing law, the Documentary Transfer Tax Act, authorizes the board of supervisors of any county or city and county, and the legislative body of any city within the county, to impose by ordinance a tax, at a specified rate, on each deed, instrument, or writing by which any lands, tenements, or other realty sold within the county is granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or any other person, if the consideration or value of the interest or property conveyed or vested exceeds $100. Existing law provides various exemptions from a tax imposed by a county, city and county, or city under these provisions. This bill would exempt any sale, transfer, or encumbrance of the portion of Bruce's Beach in accordance with the procedures described above from a documentary transfer tax imposed pursuant to the Documentary Transfer Tax Act. This bill would state that its provisions are severable. This bill would make legislative findings and declarations as to the necessity of a special statute for Bruce's Beach. This bill would declare that it is to take effect immediately as an urgency statute.
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Existing law authorizes a peace officer to make an arrest pursuant to a warrant or based upon probable cause, as specified. Under existing law, an arrest is made by the actual restraint of the person or by submission to the custody of the arresting officer. Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance. Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the regular and periodic training of law enforcement officers in the use of force. Existing law prohibits a law enforcement agency from authorizing the use of a carotid restraint or a choke hold, as defined. This bill would additionally prohibit a law enforcement agency from authorizing techniques or transport methods that involve a substantial risk of positional asphyxia, as defined. By requiring local agencies to amend use of force policies, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the California Emergency Services Act, among other things, creates the Office of Emergency Services, which is responsible for the state's emergency and disaster response services, as specified. Existing law requires the Governor to coordinate the State Emergency Plan and those programs necessary for the mitigation of the effects of an emergency. Existing law requires the governing body of each political subdivision of the state to carry out the provisions of the State Emergency Plan. Existing law requires a county, upon the next update to its emergency plan, to integrate access and functional needs into its emergency plan, among other requirements. Existing law establishes the State Department of Public Health and sets forth its powers and duties pertaining to, among other things, protecting, preserving, and advancing public health. This bill would require the department to develop a plan, addressing specified issues, with recommendations and guidelines for counties to use in the case of a significant air quality event caused by wildfires or other sources. The bill would require the department to consult with specified stakeholders in developing the plan. This bill would require a county, in advance of its next emergency plan update, to use the air quality plan developed by the department and develop a county-specific plan that addresses all of the recommendations and guidelines of the department's air quality plan, as specified. By increasing county duties, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law creates the Los Angeles County Metropolitan Transportation Authority, with specified powers and duties with respect to transportation planning, programming, construction, and operations. Existing law authorizes the authority to enter into contracts with private entities that combine into a single contract all or some of the planning, design, permitting, development, joint development, construction, construction management, acquisition, leasing, installation, and warranty of some or all components of transit systems and certain facilities. Existing law authorizes the authority to award a contract under these provisions after a finding, by a 23 vote of the members of the authority, that awarding the contract will achieve for the authority, among other things, certain private sector efficiencies in the integration of design, project work, and components. Under existing law, a contract awarded pursuant to these provisions may include operation and maintenance elements if the inclusion of those elements meets certain requirements. This bill would eliminate the requirement to make the above-described finding by a 23 vote of the members of the authority in order to award contracts under these provisions. The bill would instead authorize the authority to award these contracts that include operation and maintenance elements after a finding, by a 23 vote of the members of the authority, that awarding the contract will achieve for the authority a more competitive solicitation process with respect to quality, timeliness, price, and other private sector efficiencies, relevant to the integration of design, project work, and components.
Existing law requires the Governor to establish the Homeless Coordinating and Financing Council and appoint up to 19 members of that coordinating 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 rename the council to the California Interagency Council on Homelessness and would remove authorization for the Secretary of the Business, Consumer Services and Housing's designee to serve as chair of the council. The bill would instead require the Secretary of the Business, Consumer Services and Housing Agency and the Secretary of the California Health and Human Services Agency to serve as cochairs of the council. The bill would make other changes to the council's membership, including adding 5 new members, as specified. The bill would require the council to seek guidance from and meet with an advisory committee to the council, consisting of specified members. The bill would also provide that the appointed members of the council or committees serve at the pleasure of their appointing authority. The bill would require a state agency or department that administers one or more state homelessness programs, as described, upon request of the council, to participate in council workgroups, task forces, or other similar administrative structures and to provide to the council any relevant information regarding those state homelessness programs. The bill would also make conforming changes. This bill would incorporate additional changes to Sections 8256 and 8257 of the Welfare and Institutions Code proposed by AB 977 to be operative only if this bill and AB 977 are enacted and this bill is enacted last.
(1) Existing federal law, the McKinney-Vento Homeless Assistance Act, provides grants to states to carry out activities relating to the education of homeless children and youths, as defined, including, among others, providing services and activities to improve the identification of homeless children and youths and to enable them to enroll in, attend, and succeed in school. The act requires a state plan submitted for the receipt of the grant to include assurances that local educational agencies will designate an appropriate staff person to act as a local educational agency liaison for homeless children and youths and a description of how the state will ensure that local educational agencies and their liaisons will comply with specified requirements of the act, including the identification of homeless children and youths. Under existing state law, public schools, including charter schools, and county offices of education are required to immediately enroll a homeless child or youth seeking enrollment, except as specified. Existing law requires a local educational agency liaison for homeless children and youths to ensure that public notice of the educational rights of homeless children and youths is disseminated in schools within the liaison's local educational agency that provide services pursuant to the act. This bill would require a local educational agency to ensure that each school within the local educational agency identifies all homeless children and youths and unaccompanied youths, as defined, enrolled at the school. The bill would also require local educational agencies receiving designated federal funds to administer a housing questionnaire, as specified, for purposes of identifying homeless children and youths and unaccompanied youths, and to annually provide the housing questionnaire to all parents or guardians of pupils and unaccompanied youths of the local educational agency. This bill would require a school district, charter school, or county office of education to create an internet web page or post on its internet website a list of the local educational agency liaisons for homeless children and youths and unaccompanied youths in that school district, charter school, or county office of education, respectively, the contact information for those liaisons, and specific information regarding the educational rights and resources available to persons experiencing homelessness. The bill would require a school to post on its internet website, if the school has an internet website, the contact information for the liaison, if available. The bill would also require, if a school has an employee or person under contract whose duties include assisting the liaison in completing the liaison's duties under the federal act, the school to post on its internet website, if the school has an internet website, the contact information for that employee or person under contract. The bill would require data collected by the department or by a local educational agency under these provisions to be used in accordance with all state and federal laws regarding pupil privacy and the collection and use of pupil data. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. This bill, upon appropriation by the Legislature, would authorize $1,500,000 to be allocated to up to 3 county offices of education in different regions throughout the state for purposes of establishing technical assistance centers to foster relationships with community partners and other local educational agencies in each region, as provided. The bill would require the department to determine which county offices of education to allocate those funds to through a competitive process, as provided, and to take into account geographic diversity and concentrations of homeless children and youths and unaccompanied youths. The bill would require the technical assistance centers to be operative only for the duration of a specified federal grant period. (2) Existing law requires the department to provide, among other things, informational and training materials to local educational agency liaisons regarding the educational rights of homeless children and youths and the responsibilities of the liaisons. This bill would require the department to develop, as specified, best practices and a model housing questionnaire that a local educational agency may use to identify and obtain accurate data on all homeless children and youths and unaccompanied youths enrolled in schools of the local educational agency. The bill would require the department to post the best practices and model housing questionnaire on its internet website. (3) This bill would incorporate additional changes to Section 48852.5 of the Education Code proposed by SB 400 to be operative only if this bill and SB 400 are enacted and this bill is enacted last. (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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (5) This bill would provide that, upon appropriation by the Legislature, the department would be authorized to use designated federal funds or the General Fund, or a combination of funds from these sources, to implement the provisions of the bill commencing with the 2021–22 school year. (6) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Zenovich-Moscone-Chacon Housing and Home Finance Act, prohibits "affordable rent" for certain rental housing developments that receive assistance on or after January 1, 1991, from exceeding a specified percentage based on the area median income adjusted for family size and whether the household is an extremely low income household, very low income household, lower income household, or moderate-income household. This bill, for leases entered into on or after January 1, 2022, would additionally prohibit "affordable rent" for certain rental housing developments that receive assistance from exceeding the product of 30 percent times 15 percent of the area median income adjusted for family size appropriate for the unit if the household is an "acutely low income household," as defined to mean persons and families whose incomes do not exceed 15 percent of area median income, adjusted for family size, as specified. By revising the duties of local government officials with respect to administering various programs and requirements that require a determination of "affordable rent," 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law makes garment manufacturers liable for guaranteeing payment of wages to employees of their contractors. This bill would expand the definition of garment manufacturing to include dyeing, altering a garment's design, and affixing a label to a garment. The bill would prohibit any employee engaged in the performance of garment manufacturing to be paid by the piece or unit, or by the piece rate, except as specified. The bill would impose compensatory damages of $200 per employee against a garment manufacturer or contractor, payable to the employee, for each pay period in which each employee is paid by the piece rate. This bill would define "brand guarantor" for purposes of these provisions as a person contracting for the performance of garment manufacturing, as specified, regardless of whether the person with whom they contract performs manufacturing operations or hires a contractor or subcontractor to perform manufacturing operations. This bill would specify that a garment manufacturer, contractor, or brand guarantor who contracts with another person for the performance of garment manufacturing operations shares joint and several liability with any manufacturer and contractor for the full amount of unpaid wages, and any other compensation, including interest, due to any and all employees who performed manufacturing operations for any violation, attorney's fees, and civil penalties, as specified. The bill would also make garment manufacturers and contractors liable for the full amount of damages and penalties for any violation, as specified. This bill would create a rebuttable presumption in a claim filed with the Labor Commissioner to recover unpaid wages and associated penalties, if an employee has provided the Labor Commissioner with labels or other information that the commissioner finds credible relating to the identity of any brand guarantor or garment manufacturer that the brand guarantor or garment manufacturer is liable with the contractor for any amounts found to be due to the employee. The bill would also give the Labor Commissioner authority to enforce these provisions by issuing a stop order or a citation. Existing law requires every employer engaged in the business of garment manufacturing to keep certain records for 3 years, including, among other things, contract worksheets indicating the price per unit agreed to between the contractor and manufacturer. This bill would also require every employer engaged in the business of garment manufacturing and brand guarantors to keep all contracts, invoices, purchase orders, work orders, style or cut sheets, and any other documentation pursuant to which garment manufacturing work was, or is being, performed for 4 years. Existing law requires the commissioner to deposit $75 of each garment manufacturer's registration fee into one separate account to be disbursed by the commissioner only to persons determined by the commissioner to have been damaged by the failure to pay wages and benefits by a garment manufacturer, contractor, or subcontractor. This bill would instead require these funds to be disbursed by the commissioner only to persons determined by the commissioner to have been damaged by the failure to pay wages and benefits by a garment manufacturer, brand guarantor, or contractor. Existing law precludes any employer, or other person or entity, who may be liable for a violation of any provision of the Labor Code from introducing as evidence, in an administrative proceeding contesting a citation or writ proceeding under specified provisions, books, documents, or records that are not provided pursuant to a duly served written request by the Labor Commissioner within the time the Labor Commissioner requests those books, documents, or records be produced, as specified. This bill would expand those provisions to also preclude the introduction of records not provided to the Labor Commissioner, as specified, in an administrative proceeding under the provisions described above relating to the payment of wages for the performance of garment manufacturing.
(1) Existing law establishes procedures for filling a vacancy in the representation of the state in the United States Senate. Pursuant to those procedures, the Governor may appoint and commission a qualified person to fill a vacancy until the vacancy is filled at the next general election or special election after the occurrence of the vacancy. Existing law provides that an election to fill the vacancy shall not be held if the vacancy occurs within a term fixed by law to expire on the third day of January following the next general election, in which case the Governor's appointment holds office for the remainder of the unexpired term, unless the vacancy is filled at a special election held prior to that general election. This bill would delete the provisions described above allowing the Governor's appointment to hold office for the remainder of the unexpired term and requiring an election to fill the vacancy to be held at the next general or special election after the occurrence of the vacancy. The bill would instead require a statewide primary election and a statewide general election to fill the vacancy, to be consolidated with either the first or second respective regularly scheduled statewide primary and general elections after the occurrence of the vacancy, as specified. If the elections to fill the vacancy cannot be consolidated with regularly scheduled statewide elections, the bill would require the Governor to consult with the Secretary of State and determine whether it is practical to hold the elections to fill the vacancy, and would authorize the Governor to issue a writ of election for special statewide primary and general elections if the Governor determines it is practical. If the elections to fill the vacancy are consolidated with regularly scheduled elections that include an election to fill the United States Senate seat for the succeeding term, the bill would require the names of the candidates to fill the vacancy to appear on the consolidated ballot immediately below the candidates to fill the United States Senate seat for the succeeding term and would require elections officials to include on the ballot, sample ballot, voter information guide, and ballot materials a notice advising voters that the ballot of the election includes both of those elections, as specified. By increasing the duties of local elections officials relative to providing these notices and conducting vacancy elections, the bill would impose a state-mandated local program. (2) Existing law generally requires a special election to be held to fill a vacancy in the State Senate, State Assembly, or United States House of Representatives and authorizes that special election to be consolidated with a regularly scheduled election held within 200 days of the proclamation of the special election if the regularly scheduled election occurs wholly or partially within the same territory in which the vacancy exists. Existing law sets forth the order of precedence of offices on the ballot, with President and Vice President of the United States listed first and proceeding to progressively more local offices, as specified. Existing law requires the County of Los Angeles, for a specified three-year period, to conduct its elections using an alternate ballot order in which local offices are listed first and national offices, including President and Vice President of the United States and United States Senator, are listed last. Existing law authorizes the County of Los Angeles to continue using that alternate ballot order after the three-year period ends. When a special election to fill a vacancy in the State Senate, State Assembly, United States House of Representatives, or United States Senate is consolidated with the next regularly scheduled election for that office, this bill would require the County of Los Angeles, during that three-year period, to list the regularly scheduled election and the special vacancy election for that office first on the ballot, as provided. The bill would authorize the County of Los Angeles to continue using this alternate ballot order for a special vacancy election consolidated with a regularly scheduled election after the three-year period ends. By creating new duties relating to ballot order for local elections officials, the bill would impose a state-mandated local program. (3) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law establishes the State Department of Public Health (department) to implement various programs throughout the state relating to public health, including licensing and regulating health facilities and control of infectious diseases. Existing law requires the department and the Office of Emergency Services, in coordination with other state agencies, to, upon appropriation and as necessary, establish a personal protective equipment (PPE) stockpile. Existing law requires the department to establish guidelines for the procurement, management, and distribution of PPE, taking into account, among other things, the amount of each type of PPE that would be required for all health care workers and essential workers, as defined, in the state during a 90-day pandemic or other health emergency. This bill would specifically include wildfire smoke events among health emergencies for these purposes. The bill would include agricultural workers, as defined, in the definition of essential workers. Existing law also establishes the Personal Protective Equipment Advisory Committee (committee) , consisting of representatives from, among other groups, an association representing skilled nursing facilities, a statewide association representing physicians, 2 representatives of labor organizations that represent health care workers, and 2 representatives of labor organizations that represent essential workers, as defined, to make recommendations to the department for the development of guidelines for the procurement, management, and distribution of PPE, as specified. This bill would require the committee to include a representative of a labor organization representing agricultural workers and a representative of an organization that represents agricultural employers. The bill would also require the department to report to the Legislature regarding the PPE stockpile within 6 months of the effective date of these provisions. (2) Existing law establishes the Division of Occupational Safety and Health and the Occupational Safety and Health Standards Board within the Department of Industrial Relations and sets forth their powers and duties relating to the adoption of health and safety standards for workers. Under existing law, certain violations of a standard, order, or special order pursuant to these provisions are crimes. Existing regulations of the division protect employees exposed to wildfire smoke and include control by respiratory protective equipment among the methods to control harmful exposure. This bill would require the division to review and update the contents of the protection from wildfire smoke training and thereafter post it on its internet website. The bill would require that training provided by the employer is required to be in a language and manner readily understandable by employees, taking into account their ethnic and cultural backgrounds and education levels, including the use of pictograms, as necessary. Because a violation of certain safety and health standards or orders constitutes a crime, 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. This bill would declare that it is to take effect immediately as an urgency statute.