This measure would recognize March 7, 2020, as California Arbor Day, and would urge California residents to observe the day with appropriate tree-planting activities and programs.
Existing law establishes the Educational Innovation and Planning Commission to assist the State Board of Education and the State Department of Education in the planning, development, and improvement of educational programs, to evaluate all programs and projects assisted by federal funds provided pursuant to a repealed federal program, and to advise the department on the state plan for the use of those unavailable federal funds, as specified. Existing law requires the commission to submit projects it recommends to the state board for approval and the state board is required to allocate and reserve those unavailable federal funds for various educational projects, as specified. This bill would repeal those provisions and thereby eliminate the commission.
Existing case 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 those purposes. Existing statutory 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 not an employee under 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 the "ABC" test described above. Existing law, instead, provides that these exempt relationships are governed by the multifactor test previously adopted in the case of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. This bill would also exempt from the "ABC" test specified individuals working as interpreters and translators.
Existing law establishes the California Department of Tax and Fee Administration in the Government Operations Agency to administer various taxes and fees. Existing law requires the department to mail notice of a decision or determination to a retailer or taxpayer, as provided in each tax and fee. Existing law establishes the Franchise Tax Board, consisting of the Controller, the Director of Finance, and the Chairman of the State Board of Equalization, in the Government Operations Agency, and prescribes various powers and duties to the Franchise Tax Board, including, among other things, the administration of state personal income taxes and corporation franchise and income taxes. Existing law requires the Franchise Tax Board to mail a notice of action to a taxpayer of a tax deficiency proposed to be assessed or of a disallowance of a claim for refund, as provided. Existing law establishes the Office of Tax Appeals in state government and requires the office to conduct appeals hearings for the various taxes and fees administered by the department and for the administrative appeals of state personal income taxes and corporation franchise and income taxes. This bill would require the California Department of Tax and Fee Administration and the Franchise Tax Board to mail in each notice of a determination or decision, or each notice of action, respectively, a Request to Appeal form, or a subsequent similar form, required by the Office of Tax Appeals for a taxpayer to file an appeal of the determination, decision, or action, as provided.
This measure would memorialize the achievements of Rosa Parks in the Civil Rights Movement and would commemorate the 20th Anniversary of Rosa Parks Day in California on February 4, 2020.
Existing law requires the Department of Motor Vehicles to issue a driver's license to an applicant when the department determines that the applicant is lawfully entitled to a license. Existing law allows an in-person applicant for a driver's license or identification card to request the word "VETERAN" be printed on the face of the driver's license or identification card, subject to certain requirements, including, among others, verification of veteran status, as specified, and payment of a $5 fee, which the department is authorized to increase by regulation, in an amount not to exceed $15, as specified. Existing law prohibits a fee from being charged for that request if made by (1) a person who has been determined to have a current income level that meets the eligibility requirements for specified assistance programs, or (2) a person who can verify their status as a homeless person, in accordance with specified provisions. This bill would make the payment of a fee by any veteran inoperative no later than July 1, 2021, and repeal the law on January 1, 2022, thereby indefinitely requiring the department to make a veteran designation on a verified applicant's license, without charge. The bill also would make technical and conforming changes.
Existing case law, as established in the case of Dynamex Operations W. 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 those purposes. Existing statutory 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 not an employee under 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 the ABC test described above, including licensed insurance agents, certain health care professionals, including physicians and surgeons, dentists, and podiatrists, subject to meeting certain conditions and license requirements. 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 expand the above-described exemptions to also include health facilities, as defined, which contract with companies that employ health care providers who provide services to patients at those facilities.
Existing law allows candidates for elective office to choose to have their principal profession, vocation, or occupation appear immediately under their name on an election ballot. This bill would authorize the use of "veteran" as a principal profession, vocation, or occupation ballot designation.
Existing law, the California Environmental Quality Act (CEQA) , requires a lead agency, as defined, to prepare, or cause to be prepared, and certify 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 or mitigated negative declaration, as specified, if it finds that the project will not have that effect. CEQA includes exemptions from its environmental review requirements for numerous categories of projects, as prescribed. CEQA exempts from its environmental review requirements projects for restriping of streets or highways to relieve traffic congestion. This bill would make a nonsubstantive change to this exemption provision.
