Existing law provides that 8 hours of labor constitutes a day's work. Under existing law, any work in excess of 8 hours in one workday and any work in excess of 40 hours in any one workweek and the first 8 hours worked on the 7th day of work in any one workweek is required to be compensated at the rate of no less than 1½ times the regular rate of pay for an employee. Existing law authorizes the Industrial Welfare Commission to establish exemptions from the requirement that an overtime rate of compensation be paid for executive, administrative, and professional employees primarily, as defined, engaged in exempt duties and if certain conditions are met. Existing law provides that the overtime compensation requirements described above do not apply to an individual employed as a teacher, as defined, at a private elementary or secondary school but do apply to a tutor, teaching assistant, instructional aide, student teacher, day care provider, vocational instructor, or other similar employee. This bill would instead provide that the overtime compensation requirements do not apply to a tutor, teaching assistant, instructional aide, student teacher, day care provider, vocational instructor, or other similar employee at a private elementary or secondary school.
Sponsored bills
Existing law creates the Los Angeles County Metropolitan Transportation Authority (LACMTA) , with various powers and duties with respect to transportation planning, programming, construction, and operations. Existing law authorizes LACMTA to provide for a small business preference of 5% of the lowest responsible bidder meeting specifications, with respect to contracts in construction, the construction component of a design-build team, the procurement of goods, or the delivery of services. Existing law also authorizes LACMTA to establish a subcontracting participation goal for small businesses on contracts financed with nonfederal funds and to grant a preference of 5% to the lowest responsible bidders that meet that goal. These small business contract preference provisions do not apply to contracts for professional services involving private architectural, landscape architectural, engineering, land surveying, or construction management. This bill would delete the restrictions, thereby authorizing LACMTA to expand small business contract preference provisions to these professional services contracts. The bill would provide similar preferences with respect to disabled veteran business enterprises, as defined. The bill would allow the preferences to be in an amount of up to 10% of the lowest responsible bidder. The bill would authorize LACMTA to establish a mandatory subcontracting participation goal for small business or disabled veteran business enterprises on contracts financed with nonfederal funds and to set additional guidelines for local preference purposes. The bill would authorize LACMTA to award certain contracts of specified values to small business or disabled veteran business enterprises if LACMTA obtains price quotations from 2 or more of those business, or to small businesses or disabled veteran business enterprises that are the lowest responsible bidder or best value proposer among those businesses, as specified. The bill would also authorize LACMTA, in general, to award annual contracts that do not exceed $3,000,000 for repair or repetitive work to be done according to unit prices.
The Department of Veterans Affairs administers various state programs, including education, medical, housing, and employment programs, designed to assist California veterans. This bill would state the intent of the Legislature to enact legislation that would assist California veterans with their needs and improve their lives in this state.
Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Under the Gambling Control Act, a city, county, or city and county, may authorize controlled gambling consistent with state law, as provided. However, until January 1, 2020, existing law prohibits the governing body and the electors of a city, county, or city and county from authorizing or expanding any legal gaming beyond that permitted on January 1, 1996. Additionally, until January 1, 2020, existing law prohibits the commission from issuing a gambling license for a gambling establishment that was not licensed to operate on December 31, 1999, except as specified. This bill would, notwithstanding the moratorium described above, authorize the City of Milpitas, upon approval of the electors, to authorize controlled gambling within that city subject to specified conditions, including, among others, that controlled gambling may only be conducted by a gambling establishment licensed by the commission and operating in the County of Santa Clara on or before January 1, 2013, that elects to change its location to the City of Milpitas from another location in the County of Santa Clara. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Milpitas.
Existing law provides that expenses authorized and necessarily incurred in the preparation for and conduct of elections are to be paid from the county treasuries, except as specified. This bill would provide that expenses authorized and necessarily incurred on or after January 1, 2013, and for each year thereafter, for elections proclaimed by the Governor to fill a vacancy in the office of Senator or Member of the Assembly, or to fill a vacancy in the office of United States Senator or Member of the United States House of Representatives, shall be paid by the state. The bill would require the state to pay only those additional expenses directly related to an election proclaimed by the Governor to a fill a vacancy in an office if the election is consolidated with a statewide or local election.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance and authorizes health insurers to contract with providers for alternative rates of payment. Existing law, known as the Health Care Providers' Bill of Rights, prescribes restrictions on the types of contractual provisions that may be included in agreements between health care service plans or health insurers and health care providers. Under existing law, if a change is made by amending a manual, policy, or procedure document referenced in the contract between a health care service plan and a provider, the plan is required to provide at least 45 business days' notice to the provider and the provider has the right to negotiate and agree to the change and terminate the contract prior to the change, as specified, except that if the contract between the plan and the provider provides benefits through a preferred provider arrangement, the provider only has the right to terminate the contract prior to the change. Existing law authorizes the contract between a health insurer and a provider to contain provisions permitting a material change to the contract by the insurer if the insurer provides at least 45 business days' notice to the provider. This bill would require a health care service plan to provide at least 90 business days' notice to a contracting provider if a change is made by amending a manual, policy, or procedure document referenced in the contract and would require that the provider under a preferred provider arrangement have the right to negotiate and agree to the change. The bill would authorize a contract between a provider and a health insurer for alternative rates of payment to contain provisions permitting a material change to the contract by the insurer if the insurer provides at least 90 business days' notice to the provider. The bill would also prohibit a contract between a plan or insurer and a provider that is issued, amended, or renewed on or after January 1, 2015, from including any provision that would require a provider to accept or participate in any additional products or product networks, without making specified disclosures, or that would terminate the health care provider's contract, or the provider's eligibility to participate in other product networks, when the provider exercises the right to negotiate, accept, or refuse a material change to the contract. By expanding the scope of a crime with respect to health care service plans, this bill would create 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 Department of Justice under the direction and control of the Attorney General. Under existing law, the department is composed of the Office of the Attorney General and those other divisions, bureaus, branches, sections, or other units as the Attorney General may create within the department, as specified. This bill would state the intent of the Legislature to enact legislation to create a unit on recidivism in the Department of Justice.
The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including emergency drills and preparedness, and oil spill containment and cleanup, and to represent the state in any coordinated response efforts with the federal government. Existing law imposes an oil spill prevention and administration fee in an amount determined by the administrator to be sufficient to implement oil spill prevention activities, but not to exceed $0.065 per barrel of crude oil or petroleum products. Existing law requires the oil spill prevention and administration fee to be imposed upon a person owning crude oil or petroleum products at the time that the crude oil or petroleum products are received at a marine terminal or refinery by specified modes of delivery from within or outside the state, as provided. This bill would state legislative intent that the fee on crude oil or petroleum products be collected only upon first delivery to a refinery or marine terminal and not upon subsequent movement of that same oil or products derived after that first delivery. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the confidentiality of adoption records, and provides that these records be available only upon the order of the superior court. Existing law prohibits the court from granting these orders unless a verified petition setting forth facts showing the necessity of the order has been presented to the court and good and compelling cause is shown for the granting of the order. Under existing law, if the petition is by or on behalf of an adopted child who has attained majority, these facts shall be given great weight, but the granting of any petition is solely within the discretion of the court. Existing law also authorizes a party to the adoption to request, and the court to order, that the name of the child's birth parents or any information tending to identify the child's birth parents is deleted from the documents prior to the clerk of the court providing the documents for inspection by any person. This bill would authorize an adopted child to have full and unrestricted access to his or her adoption records in the same manner as a party to the proceeding.
Existing law generally requires the workweek of state employees to be 40 hours, and the workday of state employees to be 8 hours. Under existing law, it is the policy of the state to avoid the necessity for overtime work whenever possible. This bill would, commencing January 1, 2016, prohibit a nurse, defined as a registered nurse or a licensed vocational nurse, or a certified nursing assistant (CNA) , employed by the State of California in a state facility, as defined, from being compelled to work in excess of the regularly scheduled workweek or work shift, except under certain circumstances, including the occurrence of a catastrophic event in a state facility. This bill would prohibit a state facility from discriminating, dismissing, discharging, or making an employment decision adverse to the nurse or CNA for his or her refusal to accept those additional hours, and would specify that a refusal to accept those additional hours does not constitute patient abandonment or neglect, as specified. The bill would require management and supervisors to consider employees in a specified order of priority in order to fulfill the additional staffing needs of a facility. This bill would enact other related provisions. The bill would make a statement of legislative intent with regards to prohibiting mandatory overtime for nurses and CNAs employed by the State of California in a state facility.