Asm. Cheryl R. Brown

(1) Existing law encourages local governments as well as California communities and the public agencies that serve them to promote development of a microenterprise, as defined. This bill would revise the definition of a microenterprise. (2) The federal Workforce Investment Act of 1998 provides for workforce investment activities, including activities in which states may participate. Under existing law, the California Workforce Investment Board is responsible for assisting the Governor in the development, oversight, and continuous improvement of California's workforce investment system. Existing law requires the board, among other things, to assist the Governor with promoting the development of a well-educated and highly skilled workforce and developing the State Workforce Investment Plan. This bill would express findings and declarations of the Legislature with respect to the self-employment workforce in the state, and the importance of all Californians having the opportunity to receive the training for entrepreneurial and self-employment provided for under the federal act. This bill would additionally require the board to assist the Governor by developing specified guidelines for certain high-wage industry sectors and making recommendations on how to target resources to specified high-wage industry sectors, and by recommending policy and providing technical assistance on entrepreneurial training opportunities that could be made available through local workforce investment board programs as authorized under the federal act. (3) The bill would also require the board, by January 1, 2015, to develop and distribute guidelines, or provide other assistance to, local workforce investment boards to help them implement entrepreneurial and self-employment training programs. (4) This bill would incorporate additional changes to Section 14013 of the Unemployment Insurance Code proposed by Senate Bill 118 that would become operative if this bill and Senate Bill 118 are enacted and this bill is enacted last.

The State Civil Service Act provides that absence without leave for 5 consecutive working days is an automatic resignation from state service, as of the last date on which the employee worked. The act provides a procedure for a permanent or probationary state employee to seek reinstatement and for the Department of Human Resources to grant reinstatement. Reinstatement may be granted if (1) the employee makes a satisfactory explanation to the department as to the cause of his or her absence and his or her failure to obtain leave, and (2) the department finds that the employee is ready, able, and willing to resume the discharge of the duties of his or her position or has obtained consent for a leave of absence. This bill would permit an employee to demonstrate that he or she is ready, able, and willing to resume the discharge of the duties of his or her position by submitting written verification from his or her licensed health care provider that shows the employee is released to return to work. This bill would require the department to grant reinstatement if the hiring authority separates an employee from state service pursuant to those provisions before the expiration of the 5th working day.

(1) Existing law authorizes, until January 1, 2015, the Attorney General, or other specified prosecuting officers at the Department of Justice, or a district attorney, to apply for, and a judge to enter, an ex parte order authorizing interception of wire or electronic communications under certain circumstances. Existing law authorizes a judge to enter an order authorizing the interception of communications initially intercepted within the territorial jurisdiction of the court in which the judge is sitting, if the judge determines that, among other things, there is probable cause to believe that an individual is committing, has committed, or is about to commit one of specified felony offenses, including murder and the illegal possession or sale of controlled substances. Existing law proscribes the crime of human trafficking, as defined to include, among other prohibited acts, depriving or violating the personal liberty of another with the intent to obtain forced labor or services or to effect or maintain a specified criminal offense, or inducing or persuading a minor to engage in a commercial sex act. This bill would expand the provisions described above authorizing interception of wire or electronic communications to apply if a judge determines that, among other things, there is probable cause to believe that an individual is committing, has committed, or is about to commit a violation of the provision described above proscribing human trafficking. (2) Existing law specifies obligations for parties applying for and carrying out orders to intercept communications pursuant to the provision described above, and makes a violation of these provisions a misdemeanor or felony. This bill would broaden the types of communications to which these crimes would apply. By creating new crimes, 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 city, county, or city and county to license any kind of business not prohibited by law transacted and carried out within the city, county, or city and county, as specified. This bill would express the intent of the Legislature to enact legislation that would create a statewide small business certification system.

Existing law provides for various programs to encourage the participation of small businesses, as certified by the Department of General Services, in state agency contracts, and sets forth the duties of the Office of Small Business and Disabled Veteran Business Enterprise Services in this regard. This bill would require the head of a state agency to ensure that a state contracting program is administered in a manner that promotes small business participation. This bill would require the head of a state agency to annually review small business participation levels and to develop a plan for increasing small business participation levels within 60 days when participation levels are low. This bill would require the Department of General Services and the Office of the Small Business Advocate to serve as a resource to assist the heads of state agencies in identifying best practices for utilization of small businesses in their contracting programs. This bill would encourage independent state entities, as specified, to take all necessary actions to comply with the intent and the requirements of this bill. This bill would require a state agency to proactively pursue an annual 25% small business participation level in state contracting and, for an agency that does not achieve this level, to submit to the Governor's office, the Office of the Small Business Advocate, and the Legislature, within 60 days of the close of the calendar year, notice that the small business participation was not achieved and a plan for improving small business contracting. This bill would require the Department of General Services, and authorize the Office of the Small Business Advocate, to provide guidance to state agencies in developing a plan for, and taking the necessary actions toward, achieving the 25% participation level. This bill would not require an action that would result in the violation of a court order or a loss of eligibility for federal funding. This bill would also make findings and declarations regarding small business participation in state contracting.