Existing law, as established in the case of Dynamex Operations W. Inc. v. Superior Court (2018) 4 Cal.5th 903 (Dynamex) , creates a presumption that a worker who performs services for a hirer is an employee for purposes of claims for wages and benefits arising under wage orders issued by the Industrial Welfare Commission. 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 specified wage orders. Existing law establishes that, for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission, 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. This test is commonly known as the "ABC" test. 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 Dynamex and these provisions. Existing law instead provides that these exempt relationships are governed by the test adopted in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. This bill would expand the above-described exemptions to also include individuals providing services as a sports official, as defined, for a youth or adult amateur sports event, unless the official is already exempted from the definition of employee under another statute or regulation, as specified.
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Existing law requires the State Department of Health Care Services to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law also requires the department to implement a voluntary certification program for alcohol and other drug treatment recovery services. Existing law prohibits specified persons, programs, or entities from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services. Existing law authorizes the department to investigate allegations of violations of that prohibition and to impose sanctions for a violation, including assessing a penalty or suspending or revoking the license of a facility or the certification of a program. This bill would require the department, upon finding that a person, program, or entity willfully violated the prohibition on giving or receiving remuneration described above, to impose a fine of not more than $10,000 for the first violation and not more than $50,000 for each subsequent violation.
Existing law prohibits, among other specified acts, a person, company, or association from selling or offering to sell any medical or other healing arts degree, or any other writing, made or purporting to be made pursuant to any laws regulating the licensing and registration or issuing of a certificate to physicians and surgeons or other healing arts professionals. Under existing law, any person, company, or association engaging in these prohibited acts is guilty of a felony, which is punishable by imprisonment, as provided, or by a fine of not less than $2,000 but not more than $6,000. This bill would increase the maximum fine to $10,000.
Existing law requires the State Department of Health Care Services to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law also requires the department to implement a voluntary certification program for alcohol and other drug treatment recovery services. Existing law prohibits specified persons, programs, or entities from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services. Existing law authorizes the department to investigate allegations of violations of that prohibition and to impose sanctions for a violation, including assessing a penalty upon, or suspending or revoking the license of, a facility or the certification of a program. This bill would require a facility licensed or program certified by the department to disclose its license or certification number and the date that the license or certification is scheduled to expire, as applicable, in specified circumstances that include, among others, posting on its internet website and in any advertising or marketing in a clear and conspicuous manner. A violation of these disclosure requirements would be investigated and penalized in the same manner as described above.
Existing law requires the State Department of Health Care Services to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law also requires the department to implement a voluntary certification procedure for alcohol and other drug treatment recovery services. Existing law requires all programs certified and licensed by the department to disclose, among other things, ownership or control of, or financial interest in, a recovery residence, as defined. Existing law requires the department to conduct a site visit to investigate an allegation of an operating unlicensed alcoholism or drug abuse recovery or treatment facility and issue a notice to cease providing services under specified conditions. This bill would require the department to take action against an unlicensed facility that is disclosed as a recovery residence pursuant to these disclosure requirements. The bill would authorize the department to refer a substantiated complaint against a recovery residence to other enforcement entities as appropriate under state or federal law. The bill would make a technical change to refer to licensed facilities in these requirements.
This measure would designate the week of February 24, 2020, to March 1, 2020, as Eating Disorders Awareness Week.
Existing law makes the State Department of Health Care Services the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities and prohibits a person, firm, corporation, or other specified entity from operating that type of facility without a valid license. Existing law also prohibits specified persons, programs, or entities from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services. Existing law authorizes the department to investigate allegations of violations of that prohibition and to impose sanctions for a violation, including assessing a penalty upon, or suspending or revoking the license or certification of, a facility. This bill would enact Brandon's Law, which would prohibit an operator of a licensed alcoholism or drug abuse recovery or treatment facility or a certified alcohol or other drug program from engaging in various acts, including making a false or misleading statement about the entity's products, goods, services, or geographical locations. The bill would also prohibit a picture, description, staff information, or the location of an entity from being included on an internet website along with false contact information that surreptitiously directs the reader to a business that does not have a contract with the entity. The bill would authorize the department to investigate allegations of a violation of these provisions and, upon finding a violation, to impose the sanctions available pursuant to existing law, as specified.
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 Personal Income Tax Law imposes a tax on individual taxpayers measured by the taxpayer's taxable income for the taxable year, but excludes certain items of income from the computation of tax, including an exclusion for combat-related special compensation. This bill, for taxable years beginning on or after January 1, 2021, and before January 1, 2031, would exclude from gross income specified amounts of retirement pay received by a taxpayer from the federal government for service performed in the uniformed services, as defined, during the taxable year. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. The bill also would include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.
This measure would urge the United States Department of Energy to implement the prompt and safe relocation of spent nuclear fuel from specified nuclear facilities in the state to a licensed and regulated interim consolidated storage facility. The measure would also urge the department to determine and finalize a permanent location for spent nuclear fuel from California nuclear facilities.