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.
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This measure would provide that the Legislature shall be in joint recess from March 20, 2020, until April 13, 2020, except as specified.
(1) The California Residential Care Facilities for the Elderly Act (act) generally requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly and imposes criminal penalties on a person who violates the act or who willfully or repeatedly violates any rule or regulation adopted under the act. The act enumerates specific rights and liberties for residents that are to be posted inside the facility and personally provided to each resident. These rights include, among others, being granted a reasonable level of personal privacy in accommodations, medical treatment, personal care and assistance, visits, communications, telephone conversations, use of the internet, and meetings of resident and family groups. This bill would enact the Electronic Monitoring in Residential Care Facilities for the Elderly Act to authorize the use of electronic monitoring either inside a resident's room by a resident or in certain areas of a facility by the facility under specified conditions. For the use of a personal electronic monitoring device inside a resident's room by a resident, the bill would require, among other things, the resident or the resident's responsible party, as defined, to provide the facility with a completed notification form, created by the department, that includes the consent of the resident's roommate, if any. The bill would also require the resident or the resident's responsible party to post a sign at the entrance to the resident's room stating that the room is monitored electronically. For the use of a facility electronic monitoring device by a facility, the bill would require the facility to, among other things, provide written disclosure to the department and each resident or the resident's responsible party of the electronic monitoring, archive the electronic monitoring digital data for 365 days, and provide the department access to the data upon 24 hours' notice. By expanding the duties of licensed facilities under the act with regard to authorizing residents and facilities to conduct electronic monitoring under these conditions, the bill would expand an existing crime, thereby imposing a state-mandated local program. The bill would prohibit a person from knowingly hampering, obstructing, tampering with, or destroying a personal electronic monitoring device or a facility electronic monitoring device or the recordings made therefrom, except as provided. By creating new prohibited conduct under the act, the violation of which is a crime, the bill would expand an existing crime, thereby imposing a state-mandated local program. (2) 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.
This measure would designate the week of February 24, 2020, to March 1, 2020, as Eating Disorders Awareness Week.
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill, under both laws, for taxable years beginning on and after January 1, 2021, and before January 1, 2026, would allow a credit to a taxpayer, except as specified, that purchases a battery storage system unit for a solar energy system, as defined, in an amount equal to 50% of the costs paid or incurred by the taxpayer for that battery storage system unit, not to exceed $5,000 per taxable year, as specified. The bill would allow the credit for only one battery storage system unit per each separate legal parcel of property for which the filing taxpayer has legal ownership in the state. The bill would require the Franchise Tax Board to allow the credit to taxpayers filing for the same legal parcel of property on a first-come-first-served basis, determined by the date the taxpayer's timely filed original tax return is received by the Franchise Tax Board, except as provided. The bill would provide that the board's determination as to the date a return is received and whether a return has been timely filed for purposes of the credit is not reviewable in any administrative or judicial proceeding. 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. This bill would also include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.
Existing law provides for programs relating to treatment of persons with human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) . Under existing law, the Office of AIDS, in the State Department of Public Health, is the lead agency within the state responsible for coordinating state programs, services, and activities relating to HIV, AIDS, and AIDS-related conditions. Existing law requires the State Department of Public Health to develop and review plans and participate in a program for the prevention and control of venereal disease. Existing law authorizes the department to establish, maintain, and subsidize clinics, dispensaries, and prophylactic stations for the diagnosis, treatment, and prevention of venereal disease, and authorizes the department to provide medical, advisory, financial, or other assistance to those clinics, dispensaries, and stations, as may be approved by the department. This bill would require the Secretary of California Health and Human Services and the Chief of the Office of Aids to develop and implement a statewide master plan on human immunodeficiency virus (HIV) , hepatitis C virus (HCV) , and sexually transmitted diseases (STDs) , for the purpose of improving the health of people living with, and vulnerable to, those conditions, reducing new transmissions, and ending these epidemics. The bill would require the secretary and chief to create a stakeholder advisory committee and a cabinet-level workgroup to advise them in developing and implementing the master plan. The bill would require the master plan to be developed to accomplish key goals to end the HIV, HCV, and STD epidemics in California, including, but not limited to, increasing access to comprehensive HIV, HCV, and STD prevention services, and addressing social determinants of health that impact people living with, and vulnerable to, those conditions. The bill would require the California Health and Human Services Agency, in coordination with the Office of AIDS, to submit a report to the Governor and the Legislature by October 1, 2021, and submit updates annually thereafter, until October 1, 2031, regarding the master plan.
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.
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, including a business-to-business contracting relationship, that meets specified requirements, including that a business is a "contracting business" if it demonstrates that it meets specified criteria. 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 also include as a "contracting business" for purposes of a business-to-business contracting relationship, or business that subject to specified tax provisions relating to sale proprietorships on limited partnerships.
Existing 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 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. 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 the provisions described above, including various professional services provided by graphic designers, grant writers, and fine artists, among others. This bill would also exempt certified shorthand reporters from the application of Dynamex and the above provisions.