Existing law, the Teachers' Retirement Law, establishes the State Teachers' Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers' Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, credited service, and age at retirement, subject to certain variations. STRS is administered by the Teachers' Retirement Board. The Defined Benefit Program is funded by employer and employee contributions, as well as investment returns and state appropriations, which are deposited or credited to the Teachers' Retirement Fund. Existing law requires the governing board of a school district to adopt a schedule of salaries to be paid to the certificated employees of the school district. Existing law prohibits the governing board of a school district from drawing orders for the salary of any teacher in violation of a salary schedule based on a uniform allowance for years of training and years of experience, or on other criteria agreed to by the school district and the exclusive representative of the certificated employees of the school district. This bill would authorize a school district to offer a defined contribution plan to certificated employees and would exclude a certificated employee who opts into a defined contribution plan from membership in the Defined Benefit Program. The bill would authorize a school district to offer a higher salary or lower contribution rate to a defined contribution plan as an incentive for a certificated employee to opt into a defined contribution plan. The bill would authorize a certificated employee to negotiate a salary or contribution rate for a defined contribution plan outside of the school district's salary schedule. The bill would provide that, to the extent the bill's provisions conflict with any provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2021, these provisions do not apply to the school district until the expiration or renewal of that collective bargaining agreement.
Sponsored bills
The California State Lottery Act of 1984, an initiative measure approved by the voters at the November 6, 1984, statewide general election, authorizes a California State Lottery and provides for its operation and administration by the California State Lottery Commission. Existing law prohibits more than 13% of the total annual revenues of the lottery from being allocated for the payment of expenses of the lottery, which includes, among other things, the costs of advertising and promotion. Existing law, to become operative following notification from the Controller to the Legislature and the Governor that certain events have occurred, changes the revenue allocation formula so that not more than 16% of the total annual revenues shall be allocated for payment of expenses of the lottery, including advertising and promotion. Existing law authorizes the commission, as a promotional expense, to supplement the prize pool of a game upon its determination that a supplement will benefit the public purpose of the act. This bill would prohibit the commission from expending any revenues of the lottery on advertising or promotion for the lottery and would make conforming changes. Existing law requires the commission to ensure that the overall estimated odds of winning some prize or prizes in a particular lottery game are posted on all television and print advertising related to that game. This bill instead would require the commission to ensure that the overall estimated odds of winning some prize or prizes in a particular lottery game are posted at locations where lottery tickets for that game are sold. The California Constitution authorizes the Legislature to amend or repeal an initiative statute by another statute that becomes effective when approved by the electors. This bill would become effective only when submitted to, and approved by, the voters. The bill would require the Secretary of State to submit the bill for approval by the voters at a statewide general election.
Existing law establishes, within the Government Operations Agency, the Department of Technology. Under existing law, the department is required to improve the governance and implementation of information technology by standardizing reporting relationships, roles, and responsibilities for setting information technology priorities. Existing law requires the head, or head's designee, of each state entity to appoint an information security officer, who reports to the chief information officer of that entity. Existing law requires the department to develop specific qualification criteria for an information security officer. Existing law establishes, within the department, the Office of Information Security under the supervision of the Chief of the Office of Information Security. Under existing law, the chief is required, among other things, to establish an information security program, as prescribed. This bill would require every information security officer appointed on or after January 1, 2021, to complete, within the first 3 months of appointment, a basic training course for information security officers that is offered by the office. The bill would also require the Chief of the office to create and provide that basic training course for information security officers.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA requires the lead agency to consult with a public agency that is a responsible agency or a trustee agency during the environmental review process. Existing law authorizes the Department of Fish and Wildlife to impose and collect a filing fee to defray the costs of managing and protecting fish and wildlife trust resources, including, but not limited to, consulting with other public agencies, reviewing environmental documents, recommending mitigation measures, developing monitoring requirements for purposes of CEQA, and other activities protecting those trust resources identified in the review pursuant to the CEQA. This bill would require the department to separately track and account for all revenues collected under the above filing fee provision and all costs incurred in its role as a responsible agency or trustee agency under CEQA.
Existing law authorizes the Director of Fish and Wildlife to establish 2 free hunting days per year: one in the fall, and one in the winter. Existing law authorizes a California unlicensed resident to hunt during a free hunting day if accompanied by a licensed hunter, subject to certain conditions. Existing law prohibits these provisions from being implemented until the Department of Fish and Wildlife's Automated License Data System is fully operational for at least one year. This bill would require, rather than authorize, the director to establish 2 free hunting days per year, one in the fall and one in the spring, no later than July 1, 2021. The bill would delete the prohibition requiring a delay in implementation of the above-described provisions.
Existing law establishes the University of California, established under the California Constitution as a public trust 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, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in this state. This bill would require a campus of the California Community Colleges or the California State University, and would request a campus of the University of California, to make and disseminate a free speech statement that affirms the importance of, and the campus' commitment to promoting, freedom of expression. The bill would provide that, for its purposes, posting the statement online on the campus internet website would be considered sufficient to meet the requirement to disseminate the statement. Because the bill would impose new duties on campuses of the California Community Colleges, 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.
This measure would designate the week of February 24, 2020, to March 1, 2020, as Eating Disorders Awareness Week.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. Existing law authorizes the Department of Forestry and Fire Protection to administer various programs, including grant programs, relating to forest health and wildfire protection. Existing law states that a specified amount is to be annually appropriated, through the 2023–24 fiscal year, from the Greenhouse Gas Reduction Fund to the department in the annual Budget Act for specified healthy forest and fire prevention programs and projects. Under existing law, the 2019–20 annual Budget Act appropriated $165,000,000 to the department, with at least $5,000,000 to be made available to the California Conservation Corps, as specified. This bill would appropriate $330,000,000 for the 2020–21 fiscal year from the Greenhouse Gas Reduction Fund, as specified, to the department for specified healthy forest and fire prevention programs and projects that improve forest health and reduce greenhouse gas emissions caused by uncontrolled wildfires, with not less than $10,000,000 for the California Conservation Corps' fire prevention projects and activities in, or adjacent to, the state responsibility areas.
The Political Reform Act of 1974 imposes various limitations on contributions that may be made to, or accepted by, candidates for elective office. The act generally prohibits a person from making a contribution totaling more than $3,000 to a candidate for elective state office, and a candidate for elective state office from accepting a contribution totaling more than $3,000, except as specified. A violation of the act's provisions is punishable as a misdemeanor and subject to specified penalties. This bill would prohibit an investor-owned utility from making a contribution to a candidate for elective state office. The bill would also prohibit a candidate for elective state office from accepting a contribution from an investor-owned utility. By expanding the scope of existing crimes with regard to contribution limitations, 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. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
Existing law requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. Under the ABC test, a person providing labor or services for remuneration is considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity's business, and the person is customarily engaged in an independently established trade, occupation, or business. Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classification. Existing law exempts specified occupations and business relationships from the application of the ABC test described above. Existing law, instead, provides that these exempt relationships are governed by the multifactor test previously established in the case of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. This bill would, until January 1, 2021, prohibit the application of the ABC test to determine the liability of a hiring entity for damages, injunctive relief, or civil penalties based upon the classification of workers as independent contractors, and instead would require that employer liability to be based upon the multifactor test set forth in the case of Borello. The bill would provide that its provisions apply retroactively, as specified.