Existing law charges the Labor Commissioner with enforcement of various labor laws, including investigation of employee complaints. Existing law establishes the State Department of Public Health and sets forth its powers and duties relating to the licensure and regulation of health facilities, as defined. Existing law establishes the Department of Consumer Affairs and establishes various boards within its jurisdiction, including those charged with the licensure and regulation of practice in the various healing arts. This bill would provide that the use of technology shall not limit a worker who is providing direct patient care from exercising independent clinical judgment in the assessment, evaluation, planning, and implementation of care, nor from acting as a patient advocate. The bill would define "technology" for these purposes to mean scientific hardware or software, including algorithms derived from the use of health care related data, used to achieve a medical or nursing care objective at a general acute care hospital. This bill would authorize a worker who provides direct patient care at a general acute care hospital to override health information technology and clinical practice guidelines if, in their professional judgment and in accordance with their scope of practice, which includes receiving the approval of the patient's physician or doctor of podiatric medicine, it is in the best interest of the patient to do so. The bill would require a general acute care hospital to notify all workers who provide direct patient care and, if subject to a collective bargaining agreement, their representatives, before implementing new information technology that materially affects the jobs of the workers or their patients. This bill would prohibit a general acute care hospital employer from retaliating or otherwise discriminating against a worker providing direct patient care who requests to override health information technology and clinical practice guidelines or discusses these issues with other employees or supervisors. The bill would authorize a worker who is subject to retaliation or discrimination by a general acute care hospital employer to file a complaint with the Labor Commissioner against the general acute care hospital employer. The bill would limit the Labor Commissioner's jurisdiction with regard to the complaint to retaliation or other discrimination against a worker for requesting to override, or discussing overriding, health information technology. This bill would require a general acute care hospital to ensure that appropriate education or training be provided to workers providing direct patient care for purposes of educating or training those workers on how to utilize the new technology and to understand its limitations. The bill would require a general acute care hospital to allow workers providing direct patient care in the affected clinical areas to provide input in the implementation process for new technology impacting patient care delivery, as provided. The bill would authorize representatives of a general acute care hospital's professional practice committee to recommend certain improvements and participate, when feasible, in the implementation processes, as specified. The bill would specify that its provisions do not allow the override of any physician orders. Existing law, the Labor Code Private Attorneys General Act of 2004 (PAGA) , authorizes an aggrieved employee to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. This bill would exempt violations of the above provisions from PAGA, unless otherwise agreed to by an employer and a labor organization in a collective bargaining agreement.
Sponsored bills
Existing law provides for the establishment of California American Indian education centers by any tribal group or incorporated American Indian association to meet specified objectives, and further provides for the administration of grants, upon application, by the State Department of Education for those purposes in accordance with specified provisions. Existing law requires each center to annually submit specified data to the department that reflects each center's ability to meet its stated objectives and any other objectives chosen by the center. Existing law requires the department to enter into a contract with a county office of education or a consortium of county offices of education for the purpose of developing model curriculum related to Native American studies, as provided. This bill would establish the California Indian Education Act and encourage school districts, county offices of education, and charter schools to form California Indian Education Task Forces with California tribes local to their regions or tribes historically located in the region. The bill would encourage task force participants to discuss issues of mutual concern and to undertake certain work. The bill would require California Indian Education Task Forces to submit, within one year of formation and annually thereafter, a report of findings to the department, as provided. The bill would require the department to submit, within one year of receiving task force reports and annually thereafter, a report to certain education committees of both houses of the Legislature regarding the narrowing of the achievement gap and the adoption of curriculum, as provided. The bill would authorize California Indian Education Task Forces to submit curricular materials to the county office of education, or consortium of county offices of education, that contracted to develop the model curricula related to Native American studies. The bill would require the contracted county office of education, or consortium of county offices of education, to consider these submitted materials for inclusion in the model curriculum. To the extent that this bill imposes new duties on the county office of education, or consortium of county offices of education, that contracted to develop the model curriculum, 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, 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, the California Retail Food Code (the code) , establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and requires local health agencies to enforce these provisions. Existing law, for purposes of the code, defines a "cottage food operation" as an enterprise that has no more than a specified amount in gross annual sales, is operated by a cottage food operator, and has no more than 1 full-time employee within the registered or permitted area of a private home where the food products are prepared and packaged. Existing law provides for the regulation of microenterprise home kitchen operations and limits those operations to not serving more than 30 individual meals per day and not more than 60 individual meals per week and to no more than $50,000 in verifiable gross annual sales, as adjusted for inflation. Existing law authorizes the local enforcement agency to decrease the limit on the number of individual meals prepared based on the food preparation capacity of the operation. This bill would authorize a cottage food operation or microenterprise home kitchen operation to serve as a commissary or mobile support unit for up to 2 compact mobile food operations if the cottage food operation or microenterprise home kitchen operation permit includes an endorsement from the local enforcement agency that the cottage food operation or microenterprise home kitchen operation is capable of supporting the preparation and storage of the food being sold from the compact mobile food operation and the storage and cleaning of the compact mobile food operation. The bill would authorize nonpotentially hazardous foods prepared in a cottage food operation to be served from a compact mobile food operation. The bill would define "compact mobile food operation" as a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. The bill would require compact food operations to conduct only limited food preparation. (2) The code defines "limited food preparation" as food preparation that is restricted to specified activities, including dispensing or portioning of nonpotentially hazardous food, slicing and chopping of food on a heated cooking surface during the cooking process, and holding, portioning, and dispensing foods that are prepared at a satellite food service or catering operation. This bill would include in the definition of "limited food preparation" dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing, slicing and chopping of nonpotentially hazardous food or produce that has been washed at an approved facility, hot and cold holding of food previously prepared at an approved permanent food facility, and reheating of food that has been previously prepared at an approved permanent food facility and held at the approved temperatures. (3) The code defines "mobile food facility" and regulates what types of food may be provided at a mobile food facility. The code requires mobile food facilities to meet specified health and safety standards, including access to warewashing sinks, restrooms, and handwashing facilities and required quantities of potable water. This bill would require a compact mobile food operation to meet the applicable requirements of mobile food facilities, except as specified. The bill would exempt a compact mobile food operation that has 25 square feet or less of display area and sells only prepackaged, nonpotentially hazardous foods or whole uncooked produce from the code, except as specified. The bill would authorize a compact mobile food operation to display or sell food outdoors, if certain conditions are met, including, among other things, overhead protection provided above all food display areas. The bill would require a compact mobile food operation that engages in the preparation of raw meat, raw poultry, or raw fish to meet additional specified requirements. The bill would authorize the enforcement agency to preapprove a standard plan for a standardized or mass-produced facility intended to serve as a compact mobile food operation and would authorize a compact mobile food operation to use that standardized or mass-produced facility after a final inspection, but without submitting plans for the individual unit. The bill would authorize the enforcement agency to collect a fee for the final inspection. (4) Existing law requires commissaries and other approved facilities servicing mobile support units, mobile food facilities, and vending machines to meet specified standards. This bill would authorize an enforcement agency to approve a facility with nonconforming structural conditions if those conditions do not pose a public health hazard. The bill would also require an enforcement agency to approve the storage of a compact mobile food facility in a permitted permanent food facility if, after initial inspection, the agency determines that the compact mobile food facility is protected from contamination. The bill would authorize the enforcement agency to charge a fee to administer these provisions. (5) The code requires a food facility to have a valid permit to be open for business and authorizes the local enforcement agency to charge a fee for the permit or registration or related services. This bill would authorize the local enforcement agency to reduce the fee for the permit, registration, or related service for an applicant seeking approval of a compact mobile food operation or related operations. (6) Under existing law, violation of the code is a misdemeanor, unless otherwise specified. This bill would make violations of the code by an operator or employee of a compact mobile food facility or a sidewalk vendor punishable only by an administrative fine. Additionally, by making changes to the definition of various crimes and by adding new crimes under the code, 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 the Department of Motor Vehicles to issue and renew driver's licenses, as specified. Existing law also authorizes the department to issue identification cards. Existing law requires the department to issue a restricted driver's license to an eligible applicant who is unable to submit satisfactory proof that their presence in the United States is authorized under federal law if they meet all other qualifications for licensure and provide satisfactory proof of identity and California residency. Existing law also authorizes the department to issue an identification card to a person documented under the federal Deferred Action for Childhood Arrivals program. This bill would, among other things, require the department to, by no later than July 1, 2027, issue a restricted identification card to an eligible applicant who is unable to submit satisfactory proof that their presence in the United States is authorized under federal law if they provide satisfactory proof of identity and California residency, as specified. Existing law requires the restricted licenses and identification cards to include a recognizable feature on the front of the cards, such as the letters "DP" instead of "DL" and "IC" instead of "ID." This bill would delete the provision requiring a recognizable feature on the cards. Existing law prohibits California law enforcement agencies from cooperating, as specified, with federal immigration authorities. Existing law prohibits the disclosure of certain documents provided by an applicant to the department, except in response to a subpoena for individual records in a criminal proceeding or a court order, or in response to a law enforcement request to address an urgent health or safety need, as specified. This bill would specify that immigration enforcement, as defined, does not constitute an urgent health and safety need for those purposes, and would prohibit a government agency or department, law enforcement agency, commercial entity, or other person from obtaining, accessing, using, or otherwise disclosing, noncriminal history information maintained by the department, for the purpose of immigration enforcement. The bill would make other conforming changes. This bill would incorporate additional changes to Section 12926 of the Government Code proposed by SB 523 to be operative only if this bill and SB 523 are enacted and this bill is enacted last.
Existing law grants the Division of Occupational Safety and Health, which is within the Department of Industrial Relations, jurisdiction over all employment and places of employment, with the power necessary to enforce and administer all occupational health and safety laws and standards. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state. Existing law, the California Occupational Safety and Health Act of 1973, requires employers to comply with certain standards ensuring healthy and safe working conditions, as specified, and charges the division with enforcement of the act. Existing law makes certain violations of the act a crime. Existing law requires citations, orders, and special orders issued by the department, in enforcing occupational safety and health standards, to be prominently posted at or near each place a violation referred to in the citation or order occurred, in accordance with specified timeframes and procedures. Existing law makes certain violations of specified posting or recordkeeping requirements enforceable by a civil penalty. This bill would require an employer to post an employee notification containing specified information when the above-described citations or orders are issued. The bill would require this notification, in addition to English, to be made available in specified languages. The bill would make a violation of these provisions enforceable by a civil penalty, as specified. The bill would also include related legislative findings. By expanding the scope of 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.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents of the court under certain circumstances, including when the child suffered or there is a substantial risk that the child will suffer serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of their parents or guardian, and establishes procedures to determine temporary placement of a dependent child. Existing law generally governs the provision of child welfare services, which is defined to mean public social services that are directed toward the accomplishment of specified purposes, including protecting and promoting the welfare of all children and preventing the unnecessary separation of children from their families. This bill would, upon appropriation by the Legislature, require the State Department of Social Services to establish a 3-year pilot program on or before July 1, 2023, for the purpose of addressing racial disparities in the child welfare system in up to 5 counties, which shall be selected to participate on a voluntary basis in the pilot program according to criteria developed by the department. The bill would require the department to establish a working group to develop recommendations to the department regarding the development of procedures necessary to implement and evaluate the pilot program for each county. The bill would require a county that receives funding pursuant to these provisions to utilize a blind removal strategy when deciding whether a child should be removed from the physical custody of their parent or guardian, as specified. The bill would require the department to submit to the Legislature an evaluation of the pilot programs and their impact and effectiveness, as specified.
(1) Existing law requires the Transportation Agency to prepare a state freight plan on or before December 31, 2014, and every 5 years thereafter, with specified elements to govern the immediate and long-range planning activities and capital investments of the state with respect to the movement of freight. Existing law establishes the Department of Transportation within the agency and, among other things, requires the department to gather data related to public contracts awarded by the department. Existing law authorizes the establishment of harbor districts and port districts with specified powers, as provided. This bill would require the department to create a web page on its internet website that contains links to existing registries and databases related to drayage trucks from certain sources. The bill would require maritime ports with annual cargo volumes of greater than 1,000,000 20-foot equivalent units to anonymously survey trucking companies every 2 years on the number of drivers classified as independent contractors and the number of drivers classified as employee drivers, as specified, to post the survey data on their internet websites, and to transmit a link to the data collected to the department. To the extent this bill would impose additional duties on local agencies operating a maritime port, the bill would impose a state-mandated local program. (2) Existing law establishes the Department of Industrial Relations within the Labor and Workforce Development Agency to, among other things, foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. Existing law requires the department to collect various forms of data, statistics, and research regarding labor within the state. This bill would require the Department of Industrial Relations to provide the Department of Transportation with links to existing public registries and databases with information about drayage trucks, employers who are committing workers' compensation fraud, and health and safety enforcement activity, 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, 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 requires each schoolsite in a school district, county office of education, or charter school, serving pupils in any of grades 9 to 12, inclusive, to create a poster that notifies pupils of the applicable written policy on sexual harassment, and requires the poster to be prominently and conspicuously displayed in each bathroom and locker room at the schoolsite, as provided. Existing law requires a school of a school district or county office of education and a charter school to notify pupils and parents or guardians of pupils no less than twice during the school year on how to initiate access to available pupil mental health services on campus or in the community, as provided. This bill would require, on or before the start of the 2023–24 school year, each schoolsite in a school district, county office of education, or charter school, serving pupils in any of grades 6 to 12, inclusive, to create a poster that identifies approaches and shares resources regarding pupil mental health. The bill would require the poster to be prominently and conspicuously displayed in appropriate public areas that are accessible to, and commonly frequented by, pupils at each schoolsite, as provided. The bill would provide that no basis for civil liability is created by the above provisions for those local educational agencies. By imposing additional duties on school districts, county offices of education, and charter schools, 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, 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 Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including retail commercial cannabis activity. Existing law places specified requirements on the packaging and labeling of cannabis and cannabis products, and places various advertising and marketing restrictions on licensees. This bill would, commencing July 1, 2024, require the advertisement and marketing of a cannabis cartridge and an integrated cannabis vaporizer to prominently display a specified message to properly dispose of a cannabis cartridge and an integrated cannabis vaporizer as hazardous waste, and would also prohibit the package, label, advertisement, and marketing from indicating that the cannabis cartridge or integrated cannabis vaporizer is disposable or implying that it may be thrown in the trash or recycling streams. This bill would incorporate additional changes to Section 26120 of the Business and Professions Code proposed by AB 1646 to be operative only if this bill and AB 1646 are enacted and this bill is enacted last.
Existing law, the California Clean Energy Jobs Act, expresses a goal of creating good-paying energy efficiency and clean energy jobs in California. Existing law also expresses the state's policy that eligible renewable energy resources and zero-carbon resources supply 100% of all retail sales of electricity to California end-use customers and 100% of electricity procured to serve all state agencies by December 31, 2045. Existing law establishes in state government the Labor and Workforce Development Agency, under the supervision of the Secretary of Labor and Workforce Development, which consists of the Office of the Secretary of Labor and Workforce Development and the California Workforce Development Board, among others. This bill, upon appropriation by the Legislature, would establish the position of Deputy Secretary for Climate within the Labor and Workforce Development Agency, to be appointed by the Governor and subject to confirmation by the Senate, for the purpose of assisting in the oversight of California's workforce transition to a sustainable and equitable carbon neutral economy. This bill would require the deputy secretary to coordinate with relevant state agencies to track the progress of the state moving toward 100% clean energy, as defined, and create or coordinate programs with other state agencies to retrain and upskill workers for clean energy jobs and jobs in related fields. The bill would make the operation of the act contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for its purposes. The bill would repeal these provisions on January 1, 2046.