Existing law, the Real Estate Law, establishes the Department of Real Estate, with the Real Estate Commissioner as its chief officer, and sets forth the powers and duties of the commissioner relating to the licensure and regulation of real estate brokers and salespersons. Existing law requires an applicant for an original real estate broker license examination to successfully complete courses of study in specified subjects, including real estate practice, legal aspects of real estate, and real estate appraisal. Existing law specifies each of these courses to be a 3-semester unit course. Existing law also requires an applicant for a real estate salesperson license examination or for both the examination and license to successfully complete courses of study in specified subjects, including real estate principles and real estate practice. Existing law requires a licensee to successfully complete 45 hours of continuing education as a prerequisite to initial license renewal, including, among other things, a 3-hour course in fair housing. For subsequent renewals, the law requires a licensee to complete 45 hours of continuing education, including an 8-hour update survey course. This bill would revise the real estate practice course for an applicant for a real estate broker or salesperson license to include a component on implicit bias, as specified, and would revise the legal aspects of real estate course for that applicant to include a component on state and federal fair housing laws, as specified. The bill would require that fair housing component to include an interactive participatory component, as specified. The bill would revise the fair housing course requirement for initial license renewals to include an interactive participatory component, as specified. The bill would also require a licensee, as part of the licensee's 45 hours of continuing education, to successfully complete a 2-hour course in implicit bias training, as specified. The bill would increase the hours required for the update survey course to 9 hours. The bill would delay the operation of these provisions until January 1, 2023. This bill would revise the description of the courses required for an applicant for a real estate broker or salesperson license to be 3-unit semester courses.
Sponsored bills
Existing law generally requires the licensure and regulation of various health care facilities, including, among others, a hospice facility. The Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, prohibits specified criminal penalties from being imposed on a patient or a patient's primary caregiver who possesses or cultivates cannabis for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. Existing law, known as the Medical Marijuana Program, requires counties to administer an identification card program for qualified patients and provides immunity from arrest to qualified patients with a valid identification card or designated primary caregivers, within prescribed limits. This bill, the Compassionate Access to Medical Cannabis Act or Ryan's Law, would require specified types of health care facilities to allow a terminally ill patient's use of medicinal cannabis within the health care facility, subject to certain restrictions. The bill would require a patient to provide the health care facility with a copy of their medical marijuana card or written documentation that the use of medicinal cannabis is recommended by a physician. The bill would require a health care facility to reasonably restrict the manner in which a patient stores and uses medicinal cannabis to ensure the safety of other patients, guests, and employees of the health care facility, compliance with other state laws, and the safe operations of the health care facility. The bill would provide that compliance with the bill would not be a condition for obtaining, retaining, or renewing a license as a health care facility. The bill would require that health care facilities permitting patient use of medical cannabis comply with other drug and medication requirements, as specified, and would make those facilities subject to enforcement actions by the State Department of Public Health. The bill would authorize a health care facility to suspend compliance with these provisions if a regulatory agency, the United States Department of Justice, or the federal Centers for Medicare and Medicaid Services takes specified actions, including initiating an enforcement action against a health care facility related to the facility's compliance with a state-regulated medical marijuana program.
Existing law authorizes the Secretary of Food and Agriculture to enter into cooperative agreements with county boards of supervisors and other specified entities for certain purposes. Existing law prohibits the secretary from entering into a cooperative agreement with a county of the first class for agricultural inspector services, if the agreement requires that the county provide year-round services, unless not less than 66% of the agricultural inspector aids and not less than 75% of the agricultural inspector associates not afforded protections as permanent employees employed under the cooperative agreement are afforded protections as permanent employees under the county's civil service or other personnel system. This bill would delete from the exception to that prohibition the requirement that not less than 75% of the agricultural inspector associates not afforded protections as permanent employees employed under the cooperative agreement are afforded protections as permanent employees under the county's civil service or other personnel system.
Existing law, referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct specified percentages of units for lower income, very low income, or senior citizen housing, among other things, and meets other requirements. Existing law prescribes an application process for a city or county to follow in this regard. Existing law specifies that, if permitted by local ordinance, that law is not to be construed to prohibit a city, county, or city and county from granting a density bonus greater than what is described in these provisions for a development that meets specified requirements or from granting a proportionately lower density bonus than what is required for developments that do not meet these requirements. This bill would also provide that, if permitted by local ordinance, the Density Bonus Law is not to be construed to prohibit a city, county, or city and county from requiring an affordability period that is longer than 55 years for any units that qualified the applicant for the award for the density bonus developed in compliance with a local ordinance that requires, as a condition of development of residential units, that a development include a certain percentage of units that are affordable to, and occupied by low-income, lower income, very low income, or extremely low income households and that will be financed without low-income housing tax credits.
Existing law requires the Division of Labor Standards Enforcement to post on its internet website a list of port drayage motor carriers with unsatisfied court judgments, tax assessments, tax liens, or any order, decision, or award finding that the port drayage motor carrier has engaged in illegal conduct including failure to pay wages, imposing unlawful expenses on employees, and other labor violations. Existing law prohibits the division from placing the information on the internet website until the period for all judicial appeals has expired. Existing law requires the division to remove a posting within 15 business days after the division determines there has been payment or settlement of the unsatisfied judgment, as specified. Existing law, except as specified, imposes joint and several liability on the port drayage motor carrier and any customer that obtained port drayage services after the date the port drayage motor carrier appeared on the division's list for all civil legal responsibility and liability owed to a port drayage driver, including unpaid wages, unreimbursed expenses, and damages and penalties that are due, as specified. This bill would require the Division of Labor Standards Enforcement to post the information for a port drayage motor carrier that is a prior offender, as defined, with a subsequent judgment, ruling, citation, order, decision, or award finding a violation of a labor or employment law or regulation, even if all periods for appeals have not expired. The bill would require the division to post the information only if it is provided to the division in a format acceptable to the division. This bill would require the Division of Labor Standards Enforcement, if it receives notice that a prior offender that is listed on the division's internet webpage has subsequently prevailed on appeal, to remove the posting for the prior offender within 15 business days after determining that there remains no other basis upon which to retain the prior offender's information on the internet webpage. The bill would also require the division to remove a posting within 15 business days after the division determines, first, that there has been payment or settlement of the unsatisfied judgment or any other financial liabilities and, second, that the port drayage motor carrier has submitted certification, under penalty of perjury, that all identified violations have been remedied or abated and, after the division issues certain regulations, sufficient documentation that all violations have been remedied or sufficiently abated, as specified. By expanding the crime of perjury, this bill would impose a state-mandated local program. This bill would expand the liability of a customer of a listed port drayage motor carrier to also include the civil legal responsibility and civil liability owed to the state for port drayage services obtained after the date the motor carrier appeared on the prior offender list. The bill would add, in this regard, potential responsibility and liability for employment tax assessments issued by the state and civil liability stemming from the motor carrier's failure to comply with applicable health and safety laws, rules, or regulations. 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 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.
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. Existing law charges the Division of Occupational Safety and Health within the Department of Industrial Relations with enforcement of the act, subject to oversight by the Chief of the Division of Occupational Safety and Health (chief) . This bill would require the chief or a representative of the chief to convene an advisory committee, comprised of no fewer than 13 and no more than 18 individuals, including representatives from specified groups, to make recommendations, in consultation with other specified divisions and entities, to the department or Legislature to protect the health and safety of household domestic service employees, and develop voluntary industry-specific occupational health and safety guidance for the purpose of educating household domestic service employees and employers, as specified. The bill would require the Division of Occupational Safety and Health to post the report to its internet website and submit a copy to the Legislature, as specified, no later than January 1, 2023.
Existing law provides procedures for the election or appointment of members of county central committees of the Democratic Party. Existing law provides that a person is not eligible for appointment or election to a committee if the person is not registered as affiliated with the party at the time of the appointment or election. Existing law requires an elections official to attach a certificate to the declaration of candidacy for a person who seeks membership on a county central committee that certifies the person's eligibility for such membership. This bill would instead provide that a person is not eligible for election to a county central committee if the person's affidavit of registration does not state a political party preference for the Democratic party. The bill would make a person who is not a United States citizen, but who would be able to register to vote if the person were a United States citizen, eligible for election to a county central committee if the person meets all other specified eligibility requirements, the committee's bylaws permit such a person to be elected to the committee, the committee notifies the county elections official that its bylaws permit such a person to be elected, and the committee provides the county elections official with a copy of the eligibility requirements specified in its bylaws. The bill would require a candidate to complete a declaration of eligibility, which the county elections official would attach to the candidate's declaration of candidacy in lieu of the certificate described above. By increasing the duties of local elections officials relative to determining the eligibility of candidates for county central committees, 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 provides for various memorials and monuments on the grounds of the State Capitol. Existing law requires the Department of Finance, subject to the approval of the Capitol Building and Planning Commission, to acquire and do all acts necessary to erect and maintain a monument to Father Junípero Serra on the grounds of the State Capitol. Existing law requires the Department of General Services to maintain state buildings and grounds. This bill would delete the requirement relating to the monument to Father Junípero Serra. The bill would authorize tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, to plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol. The bill would require the tribal nations to submit the plan for the monument to the Joint Rules Committee for its review and approval. The bill would prohibit the tribal nations from beginning construction of the monument until the Joint Rules Committee approves and adopts the plan and the Joint Rules Committee and the Department of Finance determine that sufficient private funding is available to construct and maintain the monument. The bill would require the planning, construction, and maintenance of the monument to be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.
Existing federal law, for purposes of various provisions related to immigration, defines "alien" to mean a person who is not a citizen or national of the United States. Existing state law uses the word "alien" on its own and within various other terms to refer to persons in provisions relating to, among other things, education, housing, natural resources, employment, probate, social services, drivers' licenses, firearm permits, service in the state militia, and criminal punishment. This bill would revise those state law provisions to refer instead to those persons using other terms that do not contain the word "alien," including a person who is not a citizen or national of the United States. The bill would make other related nonsubstantive changes. The bill would state the intent of the Legislature in enacting this measure to make only nonsubstantive changes, as specified. This bill would incorporate additional changes to Sections 7583.23 of the Business and Professions Code proposed by AB 607 and to Section 7596.7 of the Business and Professions Code proposed by AB 830, to be operative only if this bill and the other bill are enacted and this bill is enacted last. The bill would also incorporate additional changes to Section 7596.3 of the Business and Professions Code proposed by AB 229 and AB 830, to be operative only if this bill and AB 830, or if this bill, AB 229, and AB 830, are enacted and this bill is enacted last.