Asm. Cristina Garcia

This measure would designate that January 16, 2017, be observed as the official memorial of the late Dr. Martin Luther King, Jr.'s birth and commemorate Martin Luther King, Jr. Day and the work of Dr. King and the Civil Rights Movement in changing public policy in California and in the United States of America.

Existing law generally prohibits an employer from paying an employee at wage rates less than the rates paid to employees of the opposite sex in the same establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Existing law establishes exceptions to that prohibition, including, among others, where the payment is made based on any bona fide factor other than sex, such as education, training, or experience. Existing law makes it a misdemeanor for an employer or other person acting either individually or as an officer, agent, or employee of another person to pay or cause to be paid to any employee a wage less than the rate paid to an employee of the opposite sex as required by these provisions, or who reduces the wages of any employee in order to comply with these provisions. Existing law also makes it a misdemeanor for an employer to refuse or neglect to comply with the above provisions of law. This bill would specify that prior salary cannot, by itself, justify any disparity in compensation under the bona fide factor exception to the above prohibition. By changing the definition of an existing crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes in Section 1197.5 of the Labor Code proposed by SB 1063 that would become operative only if SB 1063 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. 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 University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, and independent institutions of higher education as the segments of postsecondary education in this state. Existing law requires the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, if they adopt a specified resolution, and the Board of Directors of the Hastings College of the Law to adopt, and implement at each of their respective campuses or other facilities, a written procedure or protocols to ensure, to the fullest extent possible, that students, faculty, and staff who are victims of sexual assault committed at or upon the grounds of, or upon off-campus grounds or facilities maintained by, the institution, receive treatment and information. The bill would additionally require, until January 1, 2022, in order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing board of each independent postsecondary institution to report, on or before October 1, 2018, and on an annual basis thereafter, specified data relating to cases of alleged sexual assault, domestic violence, dating violence, and stalking. The bill would require that report to be posted on the respective institution's Internet Web site in a manner easily accessible to students. The bill would also require that the information reported pursuant to these provisions be reported in a manner that provides appropriate protections for the privacy of individuals involved, including, but not necessarily limited to, protection of the confidentiality of the alleged victim and of the alleged perpetrator.

Existing law prohibits an employer from refusing to allow a female employee disabled by pregnancy, childbirth, or a related medical condition to take a leave for a reasonable time of up to 4 months before returning to work. Existing law also prohibits an employer from refusing to maintain and pay for coverage under a group health plan for an employee who takes that leave, as specified. This bill would prohibit an employer, as defined, from refusing, as specified, to allow an employee with more than 12 months of service with the employer, and who has at least 1,250 hours of service with the employer during the previous 12-month period, to take up to 6 weeks of parental leave to bond with a new child within one year of the child's birth, adoption, or foster care placement. The bill would also prohibit an employer from refusing to maintain and pay for coverage under a group health plan for an employee who takes this leave. The provisions of the bill would become operative on January 1, 2018.

Existing law establishes in each county treasury a Supplemental Law Enforcement Services Account (SLESA) to fund specified local programs related to corrections. Existing law requires that 50% of the moneys received into the county SLESA be allocated to implement a comprehensive multiagency juvenile justice plan developed by the local juvenile justice coordinating council in each county or city and county, and approved by the Board of State and Community Corrections (board) . Existing law requires the juvenile justice plans to include specified assessments of services and strategies to assist at-risk juveniles. This bill would recast those requirements to also include, among other things, a description of the programs, strategies, and system enhancements proposed to be funded by the county SLESA. The bill would delete the requirement that the board review the plan, and would instead require annual review and updating of the plan by the local juvenile justice coordinating council in a format specified by the board, and annual reports by the county or city and county to the county board of supervisors and to the board on the programs, strategies, and system enhancements funded by the county SLESA and expenditures for those purposes. The bill would require the board to compile those local reports summarizing the programs, strategies, and system enhancements and related expenditures made by each county and city and county and to report that data annually to the Governor and the Legislature. The bill would require the board to post on its Internet Web site a description or summary of the programs, strategies, or system enhancements from the local reports and to post the annual report. The bill would authorize the local reports and the annual report to be consolidated with certain reports pertaining to the Youthful Offender Block Grant program. By imposing additional duties on local entities, this bill would impose a state-mandated local program. Existing law establishes, within the board, the California Juvenile Justice Data Working Group, as provided. Existing law requires the working group to, among other things, analyze the capacities and limitations of the data systems and networks used to collect and report state and local juvenile caseload and outcome data and prepare and submit a report to the Legislature, as specified. This bill would require the board, by January 1, 2018, to develop recommendations on best practices and standardization for counties on how to disaggregate juvenile justice caseload and performance and outcome data by race and ethnicity. Existing law requires each county to prepare and submit a Juvenile Justice Development Plan to the Corrections Standards Authority on or before May 1 of each year for approval. This bill would require the Juvenile Justice Development Plan to be submitted to the board instead of the Corrections Standards Authority and would recast the report requirements to include proposed programs, strategies, or system enhancements to be funded by the Youthful Offender Block Grant Fund. The bill would require the Juvenile Justice Development Plan to be consolidated with the comprehensive multiagency juvenile justice plans created by the local councils for funding from county SLESAs, as described above. The bill would require annual reports by counties regarding the use of the block grant funds be submitted to the board, instead of the authority. The bill would require annual reports to the Governor and the Legislature by the board regarding the programs, strategies, and system enhancements supported by the block grants, and posting of those annual reports on the board's Internet Web site. The bill would make additional conforming changes. By imposing additional reporting duties on local government entities, 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 provides for the payment of unemployment compensation benefits and extended duration benefits to eligible persons who meet specified requirements. Existing law prohibits the payment of unemployment benefits to educational institution employees of a public entity, as defined, including teachers, researchers, and administrators for the period between 2 academic years when there is a reasonable assurance that the employee will perform his or her regular services in the subsequent academic year, except as specified. Existing law similarly prohibits the payment of unemployment benefits to specified educational institution employees of a public entity other than teachers, researchers, or administrators between 2 academic years, except as specified, but provides a procedure for this 2nd category of educational employees, under certain conditions, to seek payment of retroactive unemployment benefits for the period between 2 academic years. Existing law requires specified notice regarding reasonable assurance of employment in the following academic term be sent to employees before the end of the current academic term. This bill would delete the prohibition on the payment of unemployment benefits to education employees of a public school, other than teachers, researchers, and administrators, as specified, between 2 academic years. The bill would phase in up to 8 weeks of benefits available to those specified employees over a 4-year timeframe contingent on funds being appropriated for that purpose in the annual Budget Act. Because this bill would expand the categories of people who could receive benefits from the Unemployment Fund, a continuously appropriated fund, it would make an appropriation.