Existing law authorizes a school district or community college district to adopt a merit system that establishes how the governing board of the district employs, pays, and otherwise controls the services of classified employees of the district. Existing law requires a district that adopts a merit system to appoint a personnel commission consisting of either 3 or 5 members and requires the commission to classify employees and positions within the jurisdiction of the governing board or of the commission. Existing law requires the legal counsel of the governing board to represent the commission in all legal matters, except that existing law requires the legal counsel to refuse to represent the commission in circumstances in which the legal counsel knows, or has reason to know, that a conflict exists between the interests of the commission and the interests of the governing board or the district. Existing law authorizes the commission to employ its own attorney if the legal counsel refuses to represent the commission. This bill would authorize a single member of the personnel commission to also declare that a conflict exists between the interests of the commission and the interests of the governing board or the district. The bill would authorize the commission to employ its own attorney if the commission approves that declaration by majority vote.
Sponsored bills
Existing provisions of the California Constitution establish the University of California as a public trust under the administration of the Regents of the University of California. The California Constitution grants to the regents all the powers necessary or convenient for the effective administration of this public trust. Pursuant to the California Constitution, there are 7 ex officio members of the regents and 18 appointive members appointed by the Governor and approved by the Senate, a majority of the membership concurring. This measure would enact the University of California Equal Employment Opportunity Standards Act, which would, effective January 1, 2021, except as specified, require the regents to ensure that all contract workers, as defined, who are paid to perform support services for students, faculty, patients, or the general public at any campus, dining hall, medical center, clinic, research facility, laboratory, or other university location, are at all times subject to and afforded the same equal employment opportunity standards, as defined, as university employees performing similar services. The measure would authorize the regents, or any campus or other entity of the University of California, to contract for, or otherwise arrange to use, contract labor, as defined, to perform support services only under specified conditions, only if authorized to do so by statute, and only to the extent necessary to address one or more of prescribed needs. The measure would authorize the Legislature to enact statutes to further the purposes of, and to aid the enforcement of, this measure.
This measure would urge each bank with which the State of California has a business relationship to evaluate its commercial relationship with gun manufacturers and to consider the repercussions of that relationship, and urge all banks to discuss their lending practices with their shareholders and to adopt lending practices that mirror the people of California's values of protecting citizens before profit.
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law creates a disputable presumption that specified injuries sustained in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of employment. Existing law allows for a claim to be presumed compensable if it has not been rejected within 90 days of filing, as specified. Existing law imposes a duty on an employer to provide certain safety materials and adopt safety practices as necessary. A failure to meet this duty, under specified circumstances, is a misdemeanor. This bill would, until July 1, 2024, define "injury," for certain state and local firefighting personnel, peace officers, certain correctional and law enforcement personnel, as described, certain health care employees who provide direct patient care at an acute care hospital, and certain fire and rescue services coordinators who work for the Office of Emergency Services to include illness or death resulting from COVID-19, that is diagnosed on or after January 1, 2020, if certain circumstances apply. The bill would create a disputable presumption, as specified, that the injury arose out of and in the course of the employment. The bill would require a claim to be presumed compensable, if not rejected within 30 days, as specified. This bill would explicitly add emergency equipment or personal protective equipment, as described, to those materials required to be provided by an employer. A failure to comply with this additional requirement would not constitute a misdemeanor. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. Existing law also prohibits the use of tobacco products in county offices of education, on charter school or school district property, or near a playground or youth sports event, as specified. This bill would prohibit a tobacco retailer, or any of the tobacco retailer's agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer, as those terms are defined, except as specified. The bill would make a violation of this prohibition an infraction punishable by a fine of $250 for each violation. The bill would state the intent of the Legislature that these provisions do not preempt or prohibit the adoption and implementation of local ordinances that impose greater restrictions on the access to tobacco products than the restrictions imposed by the bill, as specified. The bill would state that its provisions are severable. By creating a new 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.
The Bergeson-Peace Infrastructure and Economic Development Bank Act establishes the California Infrastructure and Economic Development Bank (I-Bank) . Among other things, the act authorizes I-Bank to make loans, issue bonds, and provide financial assistance to economic development or public development facilities. Under existing law, the Disaster Assistance Fund is continuously appropriated, without regard to fiscal year, for purposes of the California Disaster Assistance Act. That act provides that when funds are available for purposes of the act, the Governor may allocate the funds, in connection with relief provided, in affected areas during the period of federal disaster relief, to the Small Business Expansion Fund for use by the California Infrastructure and Economic Development Bank (I-Bank) , to provide guarantees for low-interest interim loans to be made by lending institutions for the purpose of providing interim financing to enable small businesses that have suffered actual physical damage or significant economic losses, as a result of the disaster or state of emergency for which funding is made available. This bill would enact the California Manufacturing Emergency Preparedness Act of 2020, which would authorize I-Bank to establish the California Manufacturing Disaster Loan and Loan Guarantee Program for the purpose of attracting, retaining, retooling, establishing, and expanding manufacturing and logistics capacity in the state, and would require I-Bank to establish guidelines for the implementation and oversight of the program. The bill would prohibit I-Bank from commencing the program until it adopts a resolution finding that there is sufficient funding in the account to cover the costs of implementing the program and that the I-Bank has sufficient direction from the Director of the Office of Emergency Services, as provided. The bill would require I-Bank to provide for the development and administration of the program, as specified, and would require program applicants to demonstrate satisfaction of specified requirements. The bill would also require each applicant to pay a nonrefundable application fee, as provided. The bill would create the Manufacturing Program Account within the California Infrastructure and Economic Development Bank Fund. The bill would authorize the Governor to allocate disaster relief funds, including funds in the Disaster Assistance Fund, to the Manufacturing Program Account for use by I-Bank, to cover the costs of administering the program and to provide direct loans or guarantees, or both, made by lending institutions, and to forgive those loans in appropriate circumstances, for the purpose of providing financing to enable the manufacturing and logistics sectors to support the emergency needs of Californians. The bill would provide that the moneys in the account be made available to I-Bank, upon a transfer of funds by the Director of Finance pursuant to an allocation by the Governor under the California Disaster Assistance Act, for specified purposes. The bill would authorize moneys in the account to be allocated to a lending institution or financial company that will act as trustee of the funds, with the approval of the Department of Finance. The bill would authorize I-Bank to create subaccounts in the account for specified purposes. Because this bill would expand the purposes for which a continuously appropriated fund is expended and would deposit moneys and fees into a new, continuously appropriated account, the bill would make an appropriation. The bill would require I-Bank to annually report, commencing with January 1, 2022, to the Governor and the Legislature on program activity, as specified, in any fiscal year that the program receives funding or has active loans. The bill would further provide that the above described provisions will be implemented only to the extent that sufficient moneys are available to I-Bank to implement the California Manufacturing Disaster Loan and Loan Guarantee Program. The bill would permit these provisions to be used to respond to, and recover from, the conditions arising from the state of emergency declared by the Governor on March 4, 2020, related to the COVID-19 virus. The bill would prohibit I-Bank from entering into loans or loan guarantees pursuant to the bill's provisions on or after January 1, 2026. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the California Consumer Privacy Act of 2018 (CCPA) , grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to require a business to delete personal information about the consumer, as specified. This bill, the Technology-Assisted Contact Tracing Public Accountability and Consent Terms (TACT-PACT) Act, would generally regulate public health entities and businesses, as defined, that provide technology-assisted contact tracing (TACT) , as defined. The bill would, among other things, require a business or public health entity offering TACT to provide a simple mechanism for a user to revoke consent for the collection, use, maintenance, or disclosure of data and permit revocation of consent at any time. The bill would require a business offering TACT that is not affiliated with a public health entity to clearly and conspicuously disclose upon solicitation and provision of that service that the service is not affiliated with a public health entity. The bill would require a public health entity participating in TACT to require that any report of exposure be verified by a health care professional or public health entity before notifying persons who have been or may have been in contact with the reporting individual or before publicly disclosing exposure data. This bill would require a business or public health entity offering TACT to individual users to issue a public report, at least once every 90 days, containing certain information, including the number of individuals whose personal information was collected, used, or disclosed pursuant to TACT, the categories of information, and the recipients of that information, as specified. This bill would prohibit a business or public entity from discriminating against a person on the basis of participation or nonparticipation in TACT, as specified. Existing law generally governs contracts entered into by a state or local agency. This bill would, among other things, require data collected and maintained in the course of fulfilling the duties of a TACT contract to be encrypted to the extent practicable and would require certain provisions to be included in a TACT contract, including a provision creating performance metrics for evaluation of the particular goods or services provided pursuant to the contract. This bill would subject a violation of its provisions to civil damages and reasonable attorney fees, as specified.
Existing law prohibits a person, among others, from making or disseminating in any advertising device, or in any manner or means whatever, including over the internet, any statement concerning real or personal property or services that is untrue or misleading, as specified. Existing law defines libel as a false and unprivileged publication, including by writing, printing, or picture, that exposes any person to hatred, contempt, and ridicule, among other things. This bill would require a person that operates a social media platform, as defined, to disclose whether or not that social media platform has a policy or mechanism in place to address the spread of misinformation, as specified. The bill would require the disclosure to be made easily accessible on the social media platform's website and mobile application. The bill would provide 30 days to cure a violation of its provisions. The bill would authorize only the Attorney General to enforce violations of its provisions and would subject a person to a civil penalty of $1,000 for each day the person is in violation of the bill's provisions. The bill would require those penalty moneys to be deposited into the Public Rights Law Enforcement Special Fund.
Existing law, the Confidentiality of Medical Information Act, generally prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information regarding a patient of the provider of health care or an enrollee or subscriber of a health care service plan without first obtaining an authorization, except as otherwise specified. Existing law defines "medical information" for purposes of these provisions to mean certain individually identifiable health information in possession of or derived from a provider of health care, among others. Existing law makes a violation of these provisions that results in economic loss or personal injury to a patient punishable as a misdemeanor. This bill would define "personal health record information" for purposes of the act to mean individually identifiable information, in electronic or physical form, about an individual's mental or physical condition that is collected by a commercial internet website, online service, or product that is used by an individual and that collects the individual's personal health record information through a direct measurement of an individual's mental or physical condition or through user input regarding an individual's mental or physical condition. The bill would provide that a business that offers personal health record software or hardware to a consumer, in order to make information available to an individual or provider of health care at the request of the individual or provider of health care, for purposes of allowing the individual to manage their information, or for the diagnosis, treatment, or management of a medical condition of the individual, shall be deemed to be a provider of health care subject to the requirements of the Confidentiality of Medical Information Act. Because the bill would expand the definition of a crime, it 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.