(1) Existing law provides that every contract that restrains anyone from engaging in a lawful profession, trade, or business of any kind is, to that extent, void, except as provided. Existing law authorizes any person who sells the goodwill of a business, any owner of a business entity selling or otherwise disposing of all of their ownership interest in the business entity, or any owner of a business entity that sells specified assets or ownership interests to agree with the buyer to refrain from carrying on a similar business within a specified geographic area in which the business so sold, or that of the business entity, division, or subsidiary has been carried on, if the buyer, or any person deriving title to the goodwill or ownership interest from the buyer, carries on a like business therein. Existing law defines "ownership interest" as a partnership interest, membership interest, or a capital stockholder, as described. This bill would modify the definition of "ownership interest" to require the partnership interest, membership interest, or capital stock to be more than a 10% interest of the total partnership interest, more than a 10% interest of the total membership interest, or more than 10% of the total shares of ownership of the entity, respectively. This bill would prohibit an employer, as defined, from entering into, presenting an employee, as defined, or prospective employee as a term of employment, or attempting to enforce any contract in restraint of trade, as defined, that is void, as described. The bill would provide that an employer, as defined, that violates that provision is liable for actual damages and an additional penalty of up to $5,000 per employee, as defined, or prospective employee. The bill would authorize an employee or prospective employee to bring an action for injunctive relief and for the recovery of actual damages and penalties and would provide that a prevailing employee or prospective employee is entitled to recover reasonable costs and attorney's fees. The bill would require the Attorney General to receive and investigate allegations of a violation of this provision and would authorize the Attorney General to bring an action enforcing this provision. Existing law provides for a system of labor standards enforcement administered by the Labor Commissioner. This bill would require the Labor Commissioner to, in coordination with the Attorney General, receive and investigate complaints related to the above-described provisions of this bill. (2) Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. Existing law provides that it is cause for suspension, disbarment, or other discipline for any licensee, whether acting on their own behalf or on behalf of someone else, whether or not in the context of litigation, to solicit, agree, or seek agreement that, among other things, misconduct or the terms of a settlement of a claim for misconduct shall not be reported to the State Bar. This bill would provide that it is cause for suspension, disbarment, or other discipline for any licensee to enter into with an employee, prospective employee, or former employee, present an employee, prospective employee, or former employee as a term of employment, or attempt to enforce any employee contract or other agreement in restraint of trade, as provided. (3) Existing law prohibits an employer from requiring an employee who primarily resides and works in the state to agree, as a condition of employment, to a provision that would require the employee to adjudicate outside of the state a claim arising in the state or would deprive the employee of the substantive protection of state law with respect to a controversy arising in the state. Existing law provides that this prohibition does not apply to a contract with an employee who is in fact individually represented by legal counsel in negotiating the terms of an agreement to designate either the venue or forum in which a controversy arising from the employment contract may be adjudicated or the choice of law to be applied. This bill would provide that, for a contract entered into, modified, or extended on or after January 1, 2025, the above-described prohibition does not apply to a contract with an employee who is individually represented by legal counsel, excluding when the counsel is paid for by, or was selected based upon the suggestion of, the employee's employer, in negotiating the terms of an agreement and, at the option of the employee, designates either the venue or forum in which a controversy arising from the employment contract may be adjudicated or the choice of law to be applied.
Sponsored bills
(1) Existing law establishes the Youth Reinvestment Grant Program within the Board of State and Community Corrections to grant funds, upon appropriation, to local jurisdictions and Indian tribes for the purpose of implementing trauma-informed diversion programs for minors, as specified. This bill would repeal these provisions. The bill would reestablish the Youth Reinvestment Grant Program, to be administered by the Office of Youth and Community Restoration, for the purpose of implementing a mixed-delivery system of trauma-informed health and development diversion programs for youth, as specified. The bill would create the Youth Reinvestment Fund to be used, upon appropriation by the Legislature, by the office for the purposes of the program. The bill would require applicants for the program to be nongovernmental agencies or tribal governments, as specified. The bill would provide that an applicant under this program be awarded no less than $50,000, and no more than $2,000,000, and would specify the requirements of diversion programs to qualify for funding under these provisions. (2) Existing law establishes, until January 1, 2025, the California Violence Intervention and Prevention Grant Program, administered by the Board of State and Community Corrections, to award competitive grants for the purpose of violence intervention and prevention. This bill would establish, upon appropriation by the Legislature, the Department of Justice Violence Reduction Grant Program to be administered by the department for the purpose of supporting evidence-based, focus-deterrence collaborative programs that conduct outreach to targeted gangs and offer supportive services to preemptively reduce and eliminate violence and gang involvement. The bill would require the department to award grants on a competitive basis, with preference given to cities and local jurisdictions that are disproportionately impacted by violence and gang involvement. The bill would require the department to form a grant selection advisory committee, as specified. The bill would require grantees to report to the department, in a form and at intervals prescribed by the department, regarding the progress in achieving the grant objectives, and would require the department to report to the Legislature on the impact of violence prevention initiatives supported by the grant program. (3) Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for the work. 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, or both, as provided. This bill would also establish, upon appropriation by the Legislature, within the California Health and Human Services Agency a program to evaluate applications and award grants, in 5-year cycles, to schools to implement the Trauma Intervention Program to implement evidence-based interventions for pupils impacted by trauma. The bill would give the priority to the Counties of Alameda, Fresno, Merced, Tulare, Kern, and Los Angeles, as specified. The bill would require the agency to open eligibility for grants every 5 years, with priority to the top 6 counties that have the highest rate of violent crime and homicide, as reported by the Department of Justice's annual crime data report. The bill would also require grants to be awarded to a research organization to conduct a study on the effects of the treatment, including any effect on subsequent criminality. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Fresno, Merced, Tulare, Kern, and Los Angeles. (4) Existing law requires the State Department of Public Health, in cooperation with the State Department of Education, to establish a Public School Health Center Support Program, upon appropriation by the Legislature, to assist school health centers, which are defined as centers or programs, located at or near local educational agencies, that provide age-appropriate health care services at the program site or through referrals, as specified. This bill would rename the program as the School-Based Health Center Support Program and would redefine a school-based health center to mean a student-focused health center or clinic that is located at or near a school or schools, is organized through school, community, and health provider relationships, and provides age-appropriate, clinical health care services onsite by qualified health professionals. The bill would authorize a school-based health center to provide primary medical care, behavioral health services, or dental care services onsite or through mobile health or telehealth. The bill would authorize the State Department of Public Health to contract with other entities for the purpose of providing assistance in specified areas to school-based health centers that receive grant moneys. Existing law requires the department, subject to an appropriation, to establish a grant program within the Public School Health Center Support Program to provide technical assistance and funding for the expansion, renovation, and retrofitting of existing school health centers and the development of new school health centers. Existing law requires a health center receiving grant funds to meet or have a plan to meet specified requirements relating to the provision of certain services. This bill would make changes to certain service requirements relating to, among other things, primary medical care, substance use disorder services, population health, and integrated and individualized support. Existing law requires, subject to an appropriation, that planning grants under the program be available in amounts between $25,000 and $50,000 for a 6- to 12-month period for specified uses. This bill would instead require that planning grants be available in amounts between $50,000 and $100,000, inclusive, for up to a 24-month period. Existing law requires, subject to an appropriation, that facilities and startup grants be available in amounts between $20,000 and $250,000 per year for a 3-year period for the purpose of establishing a school health center, with the potential addition of $100,000 in the first year for facilities construction, purchase, or renovation. This bill would instead require that facilities and startup grants be available in amounts between $300,000 and $850,000, inclusive, for a 3-year period. The bill would make certain changes to preference-related criteria. Existing law requires, subject to an appropriation, that sustainability grants be available in amounts between $25,000 and $125,000 per year for a 3-year period for the purpose of operating a school health center, or enhancing programming at a fully operational school health center, and sets forth certain criteria for those grants. This bill would delete those provisions and would instead require that expansion grants be available in amounts between $150,000 and $300,000, inclusive, for up to a 3-year period for the purpose of renovating and improving an existing school-based health center or enhancing and expanding programming at a fully operational school-based health center, as specified. The bill would require that sustainability grants be available in amounts between $150,000 and $300,000, inclusive, per year for the purpose of operating a school health center. The bill would set forth certain eligibility-related criteria for these grants. This bill would require the department, subject to an appropriation, to administer grants pursuant to this program beginning on or before January 1, 2025. Existing law requires the program, in collaboration with the State Department of Education, to act as a liaison for school-based health centers. This bill would delete that provision. Existing law requires the State Department of Education to establish an Office of School-Based Health Programs for the purpose of assisting local educational agencies regarding the current health-related programs under the purview of the department, as specified. This bill would require the office to work with the State Department of Public Health in supporting the School-Based Health Center Support Program. (5) Existing law requires the Director of Parks and Recreation to establish the Outdoor Equity Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. This bill would create a grant program, subject to an appropriation, under the Department of Parks and Recreation to award grants to tribal and local governments and community-based organizations for the purpose of supporting existing and creating new parks and recreation opportunities and supporting existing and creating new summer programs for youth in order to create and enhance recreation- and health-based interventions for youth during peak times of violence. The bill would require the department to develop criteria, procedures, and accountability measures to implement the grant program and to administer the grant program to ensure priority is given to underserved populations, as specified. The bill would require the department to give priority for funding to outdoor recreation- and health-based intervention programs during peak times of violence that primarily provide outreach to and serve youth who are impacted by violence and gang involvement in their communities. The bill would also require the department to annually report to the appropriate policy, budget, and fiscal committee of the Legislature regarding the effectiveness of the programs awarded funding in achieving the overall objectives of the grant program. (6) Existing law establishes the California Gang, Crime, and Violence Prevention Partnership Program for the purposes of reducing gang, criminal activity, and youth violence in specified communities. Existing law requires the Department of Justice to disburse all available funds to community-based organizations and nonprofit agencies that meet specified program requirements. This bill would repeal those provisions.
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. MAUCRSA places specified requirements on the packaging of cannabis and cannabis products. MAUCRSA prohibits a licensee from engaging in specified advertising or marketing activities, including, among others, advertising or marketing in a manner that is false or untrue or tends to create a misleading impression. AUMA authorizes the Legislature to amend by majority vote certain provisions of the act to implement specified substantive provisions, provided that the amendments are consistent with and further the purposes and intent of AUMA. This bill would implement provisions of AUMA by prohibiting the sale, distribution, or manufacture of cannabis, cannabis products, packaging, or labeling that are attractive to children, as defined. The bill would require the adoption of emergency regulations to implement these provisions. This bill would incorporate additional changes to Section 26001 of the Business and Professions Code proposed by AB 152 and SB 152 to be operative only if this bill and AB 152 or SB 152 are enacted and this bill is enacted last.
Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in the state. This bill would establish the Legislative Internship Program under the administration of the California State University's Center for California Studies to provide paid internship opportunities at offices of the Legislature, to qualified applicants, as provided. The bill would establish the Legislative Internship Program Fund as the initial depository of all moneys appropriated, donated, or otherwise received for the program, and upon appropriation by the Legislature, would require the Center for California Studies to distribute moneys in the fund to program participants, as specified. Existing law requires all appropriations for contingent expenses of the Senate and the Assembly and legislative committees thereof to be available and disbursed, as provided. This bill would prohibit these funds from being used to provide a paid internship position pursuant to the Legislative Internship Program.
Existing law establishes the Department of General Services to provide centralized services, including, but not limited to, planning, acquisition, construction and maintenance of state buildings and property. Existing law authorizes the Director of General Services, with the consent of the state agency concerned, to lease state-owned real property when the Director of General Services deems that leasing serves a beneficial public purpose limited to the development of housing. This bill would enact the Social Housing Act and would create, in the Department of General Services, the Social Housing Program, the mission of which would be to ensure that qualified social housing developments are produced on leased state property to help address the housing crisis, as specified. The bill would authorize the program to identify and develop up to 3 qualified social housing projects, as specified, with the intent to use the results to inform public policy related to developing an independent public entity to develop statewide qualified social housing. The bill would require the program to solicit bids to develop qualified social housing units, and prioritize bids that demonstrate long-term revenue neutrality or a cost rent model, as those terms are defined. The bill would require the program to employ 2 different leasing models, the rental model and the ownership model, as specified, in creating social housing. The bill would prohibit a city or county from denying a social housing development authorized under the program. The bill would authorize a city or county to propose objective design review standards, as specified, and authorize a city or county to propose modifications to mitigate any specific, adverse impacts on public health or safety, as specified.
Existing law requires the collection of specified fees for certified copies of a birth certificate, marriage record, or marriage dissolution record. Existing law imposes fees upon the application for an original class C or M driver's license or a renewal of a driver's license or for a license to operate a different class of vehicle, as described. This bill would instead exempt persons who are recipients of specified assistance programs from payment of a fee for certified copies of a birth certificate, marriage record, or marriage dissolution record. The bill would, beginning July 1, 2027, also exempt a person who can verify their status as a homeless person or homeless child or youth from payment of a fee upon the application for an original or renewal of a driver's license. The bill would require the verification of homeless status to be subject to regulations adopted by the Department of Motor Vehicles and may be made by a homeless services provider, as defined. By establishing an exemption as to fees paid for receipt of certified copies of vital records, this bill would create a state-mandated local program. The bill would make all these provisions operative only to the extent that funding is provided by express reference for these purposes. 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 establishes homeless youth emergency service pilot projects in the City of Los Angeles and the City and County of San Francisco providing services to homeless minors, including food and access to an overnight shelter and counseling to address immediate emotional crises or problems. Existing law also requires similar programs to be established in the Counties of San Diego and Santa Clara, and all of these programs to be operated by an agency in accordance with a grant award agreement with the Office of Emergency Services. Existing law requires the Governor to create the California Interagency Council on Homelessness and specifies the duties of the council. Existing law requires agencies and departments administering state programs to collaborate with the council to adopt guidelines and regulations to incorporate core components of Housing First, which include, among other things, a tenant screening process that accepts applicants regardless of sobriety, not rejecting applicants based on poor credit or financial history, and prohibiting participation in services or program compliance from being a requirement for permanent housing. This bill, until January 1, 2027, and upon appropriation by the Legislature for these purposes, would require the Department of Housing and Community Development to establish the Unicorn Homes Transitional Housing for Homeless LGBTQ+ Youth Program, to be administered by local community-based organizations that provide a majority of its services to the LGBTQ+ community. The bill would require the department to fund community-based organizations in the participating Counties of San Diego and Sacramento that provide transitional housing for LGBTQ+ youth, 18 to 24 years of age, inclusive, experiencing homelessness due to family rejection, with the ultimate goal of reunification with the youth's original family. The bill would require the community-based organization to place eligible youth with volunteer host families who meet specified criteria, pursuant to the results of a background check, and who are able to provide crisis intervention with a trauma-informed approach, as defined, to their care. The bill would also require the program to comply with the existing core components of Housing First. The bill would require each community-based organization to prepare and submit an annual report to the department, with the first report due on or before December 1, 2024, and a final report due on or before June 30, 2026, which would be required to include specified information, including the number of times the organization was contacted by youths, how many of those contacts became participants in the program, and how many of those initial contacts became repeat contacts. The bill would also require the department to compile the annual reports into a final report, to be submitted to the Legislature on or before December 31, 2026.
Existing law provides for the payment of unemployment compensation benefits and extended benefits to eligible individuals who meet specified requirements. Under existing law, unemployment benefits are paid from the Unemployment Fund, which is continuously appropriated for these purposes. Existing law makes an employee ineligible for benefits if the employee left work because of a trade dispute and specifies that the employee remains ineligible for the duration of the trade dispute. Existing case law holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. This bill would restore eligibility after the first 2 weeks for an employee who left work because of a trade dispute. The bill would codify specified case law that holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. The bill would specify that the bill's provisions do not diminish eligibility for benefits of individuals deprived of work due to an employer lockout or similar action, as specified. Because this bill would expand the categories of people eligible to receive benefits from a continuously appropriated fund, it would make an appropriation.
Existing law requires county offices of education and the governing boards of school districts and community college districts, except those incorporating the merit system, to employ persons for positions not requiring certification qualifications or that are not academic, as applicable, and to classify those employees and positions, and requires that they be known as the classified service, as provided. This bill would require these governing boards and county offices, including those incorporating the merit system and including certain joint powers authorities formed by them, to offer vacancies for part-time or full-time positions, as a right of first refusal for 10 business days, with specified priorities, to current regular nonprobationary classified employees who meet the minimum job qualifications of the position or who could meet the minimum job qualifications before their start date, unless otherwise negotiated by the education employer and the exclusive representatives of the applicable employees. The bill would require these employers, referred to in the bill as education employers, to adhere to specified requirements, including, among others, that they provide all of their classified employees and their exclusive representatives notice of, and instructions for applying for, any new classified position, and that they not offer the position to any applicant until after the position has been noticed for 10 business days. The bill would authorize an employee who accepts a new assignment to elect to either add the hours for the new assignment to their current assignment, if feasible, or, if the new assignment is more hours than their current assignment, would authorize the employee to replace their current assignment with the new assignment, and would require the education employer to provide reasonable modifications to the assignment schedules to allow the employee to work both assignments, as provided. The bill would require an education employer to accept a current part-time employee's number of years of service with the education employer, regardless of the capacity in which they were earned, when that part-time employee applies for an additional part-time assignment that requires a certain number of years of service. The bill would require classified employees who work part-time assignments that equal the number of hours for a full-time assignment for the same education employer to receive the same benefits as employees who work a full-time assignment. The bill would expressly prohibit retaliation against classified employees for either refusing or accepting a vacancy. The bill would prohibit applicants from being offered a vacancy if the total of the regular hours of the 2 positions would require overtime pay or otherwise violate the federal Fair Labor Standards Act of 1938 or any other state or federal law. The bill would not apply to (1) an employee who is in the process of completing a written performance improvement plan, who was previously involuntarily demoted from the same position as the vacancy, who has been suspended, or who is the subject of a pending disciplinary action for suspension or dismissal, or (2) confidential or management employees or vacancies for their positions, as provided. Existing law requires a person laid off by a county office of education, school district, or community college district because of lack of work or funds to be eligible for reemployment for period of 39 months, as specified. This bill would provide that its provisions do not supersede that requirement, and would also not apply to an education employer with a contravening collective bargaining agreement in effect on January 1, 2024, until the expiration or renewal of that agreement.