Asm. Tina McKinnor

Existing law prohibits an employer from requiring an employee or applicant for employment to agree, in writing, to any term or condition that is known by the employer to be illegal. Existing law provides that certain contractual agreements between an employer and employee are against public policy, including specified provisions affecting an employee's membership in a labor organization and the protection of state law in employment. Under existing law, enforcement of state labor laws is generally committed to the Division of Labor Standards Enforcement within the Department of Industrial Relations under the direction of the Labor Commissioner. This bill would provide that a provision in an agreement between an individual and any other person for the performance of personal or professional services is unenforceable only as it relates to a new performance, fixed on or after January 1, 2025, by a digital replica of the individual if the provision meets specified conditions relating to the use of a digital replica of the voice or likeness of an individual in lieu of the work of the individual. The bill would define "digital replica" to mean a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, except as prescribed.

(1) The California Constitution provides that the civil service includes every officer and employee of the state, except as provided, and requires that in the civil service, permanent appointment and promotion be made under a merit-based system ascertained by competitive examination. Existing law, the State Civil Service Act, prescribes a comprehensive personnel system for the state with appointments to be based on merit and fitness established by competitive tests. Existing law states the purposes of the State Civil Service Act, including, among others, to provide a comprehensive personnel system in which positions involving comparable duties and responsibilities are similarly classified and compensated. This bill would expand that purpose to include that the compensation relationship between state civil positions with comparable duties and responsibilities is maintained. (2) The State Civil Service Act requires each state agency to establish an equal opportunity plan that includes, at a minimum, identifying the areas of significant underutilization of specific groups based on race, ethnicity, and gender within each department and job category level, as provided. This bill would additionally require the plan to identify the areas of significant overutilization of specific groups, as provided. (3) Existing law requires the Department of Human Resources to establish and adjust salary ranges for each class of position in the state civil service based on the principle that like salaries should be paid for comparable duties and responsibilities, as specified. Existing law prohibits the department from making an adjustment that would require expenditures in excess of existing appropriations that may be used for salary increase purposes. This bill would require the department to consider any relevant factor, including the origins and history of the work, including the manner in which wages have been set, in determining whether compensation and classification inequities exist between bargaining units within the state civil service. The bill would require the department to ensure that the principle that like salaries be paid for comparable duties and responsibilities is maintained when determining the distribution of appropriations used for adjusting salaries and would authorize the department to make adjustments requiring expenditures in excess of existing appropriations if the adjustments are necessary to maintain or restore historical salary relationships, as specified. The bill would require the department to make a change in salary range retroactive if made for that purpose. Existing law requires the department to submit to parties meeting and conferring, and to the Legislature, reports on 2 groups of bargaining units biennially, beginning on either February 1, 2025, or February 1, 2026, depending on the group, on the findings of the department relating to the salaries of employees in comparable occupations in private industry and other governmental agencies. This bill would, instead, require the reports to include findings of the department relating to the salaries of employees in comparable classifications, occupational groups, or bargaining units within state civil service, in private business, and other public employment, as specified. (4) Existing law requires the Department of Human Resources to evaluate all state civil service classifications in the Personnel Classification Plan and prepare a detailed report, as specified, on gender and ethnicity pay equity in each classification where there is an underrepresentation of women and minorities. This bill would additionally require the report to include where there is an overrepresentation of women and minorities and statistical information for each bargaining unit, as specified. The bill would require the department to negotiate salaries to close any gaps found, as specified, and would require that an increase in total compensation resulting from this evaluation be implemented through a memorandum of understanding, as specified. The bill would require the department, in determining whether inequities exist, to consider any relevant factor, including the origins and history of the work, including the manner in which wages have been set.

This measure would, among other things, urge the United States Congress and President Joseph R. Biden to fully fund the United States Environmental Protection Agency's Comprehensive Infrastructure Solution for the Tijuana River due to the ongoing impacts to public health, the environment, and the local economy caused by cross-border pollution and would urge President Joseph R. Biden to declare a national emergency due to those ongoing impacts.

Former law, until July 1, 2023, established the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States (Task Force) . Former law required the Task Force, among other things, to identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies, as specified, and to recommend the form of compensation that should be awarded, the instrumentalities through which it should be awarded, and who should be eligible for this compensation. This bill would establish the California American Freedmen Affairs Agency in state government, under the control of the secretary, who would be appointed by the Governor and confirmed by the Senate. The bill would require the agency to implement the recommendations of the Task Force, as approved by the Legislature and the Governor. The bill would require the agency, as part of its duties, to determine how an individual's status as a descendant would be confirmed. The bill would also require proof of an individual's descendant status to be a qualifying criterion for benefits authorized by the state for descendants. To accomplish these goals, the bill would require the agency to be comprised of a Genealogy Office and an Office of Legal Affairs. The bill would further require the agency to oversee and monitor existing state agencies and departments tasked with engaging in direct implementation of the policies that fall within the scope of the existing state agencies' and departments' authority, including policies related to reparations. Existing law prohibits a state agency, with certain exceptions, from employing any in-house counsel to act on behalf of the state agency or its employees in any judicial or administrative adjudicative proceeding in which the agency is interested, or is a party as a result of office or official duties, or contracting with outside counsel for any purpose. This bill would exempt the California American Freedmen Affairs Agency from the above-described prohibition.

This measure would urge the Congress of the United States to repeal the state and local tax deduction limitation so that residents of California and married taxpayers are no longer penalized by the federal tax code.

Maddy summaryAssembly Concurrent Resolution 120 designates January 2024 as Positive Parenting Awareness Month in California. This measure does not change laws or allocate funding but instead encourages state agencies, communities, and organizations to focus on the importance of positive parenting strategies. The resolution highlights how supportive family environments can improve children's health and well-being while acknowledging the diverse forms families take in the state. It serves as a formal acknowledgment of existing programs and resources rather than creating new mandates or policies.

This measure would proclaim September 20, 2024, and September 20 of each year thereafter, as California Youth Climate Action Day to honor and support the efforts of young people in their pursuit of environmental sustainability, climate justice, and the preservation of biodiversity.

This measure would recognize May 2024 as Black Lives Matter Month, recognizing the profound impact of the movement, recommitting to the principles of justice and equality, and calling upon all states to follow in proclaiming their support for a society where truly, Black Lives Matter.

Maddy summaryThis bill officially designates the week of January 26 through February 2, 2024, as CalEITC Awareness Week to highlight the California Earned Income Tax Credit program. The measure aims to increase public knowledge about this refundable tax credit, which assists low-income working families in meeting basic needs like housing, food, and health care. By drawing attention to the program, the resolution seeks to inform residents that the credit is available to many households, including those led by non-citizens and families with young children. The text includes findings on poverty levels and the economic benefits of the credit but does not change any laws or funding.

This measure would urge the federal government to allow vehicles registered to disabled veterans to utilize high-occupancy vehicle lanes or carpool lanes pursuant to the federal government's Clean Air Act program authority.