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. This test is known as the "ABC" test, as described above. 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. This bill would repeal the above-described provisions that codify the ABC test. The bill would declare that its purpose is to suspend and nullify the California Supreme Court's decision in Dynamex and provide that this decision does not apply for purposes of California law.
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Existing law prohibits the unlawful killing of a human being, or a fetus, with malice aforethought. Under existing law, killing under certain circumstances including premeditation, lying in wait, by poison or torture, or during the commission of specified dangerous felonies, is classified as murder in the first degree. Murder in the first degree is punishable by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. If certain special circumstances are found to be true, including that the victim was a peace officer, firefighter, prosecutor, judge, witness, or elected official, that the defendant murdered more than one person, or the murder was committed for financial gain, the penalty is death or imprisonment in the state prison for life without the possibility of parole. This bill would make technical, nonsubstantive changes to these provisions.
Existing law defines the terms serious felony and violent felony for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the Three Strikes Law. This bill would make technical, nonsubstantive changes to those provisions.
Existing law requires a state and local public agency to provide assistance to veterans on the same basis as it provides to any other eligible person. This bill would make technical, nonsubstantive changes to that provision.
This measure would declare the month of September 2023 as Childhood Cancer Awareness Month.
This measure would proclaim the month of October 2023 as Domestic Violence Awareness Month.
Existing law, known as the Williamson Act, authorizes a city or county to contract with a landowner to limit the use of agricultural land located in an agricultural preserve designated by the city or county to preserve the land, subject to conditions of the contract, that may include an agreement to a specified valuation of the land for purposes of property taxation. The act authorizes a landowner to petition the city council or board of supervisors, as applicable, for cancellation of the contract under specified circumstances and imposes a cancellation fee equal to 12.5% of the fair market value of the land without the restriction of the contract. This bill would authorize a board or council to grant a petition for cancellation where the land subject to the contract is located in a basin under the jurisdiction of an adjudicated watermaster or the groundwater sustainability agency. The bill would require the landowner to commit to limiting the amount of water rights to a specific solar energy project, as defined, that uses less water than the agricultural use. The bill would also require the board or council to make specified findings, including that the solar energy project use is being permitted that will use less water than the agricultural use. The bill would prohibit the imposition of a cancellation fee when a contract is canceled pursuant to the bill's provisions. The bill would require the landowner to execute and record a deed restriction that includes a prohibition on the landowner from entering into a contract pursuant to the act with respect to the land if the landowner is issued a certificate of cancellation pursuant to the bill's provisions. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the 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 if it finds that the project will not have that effect. This bill would exempt from CEQA the cancellation of a contract pursuant to the above-described authorization.
(1) The California Constitution requires the Legislature to encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agricultural improvement. The California Constitution also requires the Legislature to provide for a system of common schools by which a free school is kept up and supported in each district at least 6 months in every year. The California Constitution prohibits public money from being appropriated for the support of any sectarian or denominational school or any school not under the exclusive control of the officers of the public schools. This measure, notwithstanding the constitutional provisions referenced above or any other provision of the California Constitution, would authorize the state, and every agency or political subdivision of the state, to disburse funds pursuant to an agreement between the state and a parent or legal guardian of an eligible child for tuition and education-related expenses associated with attending a private school serving students in kindergarten or any of grades 1 to 12, inclusive, irrespective of religious affiliation, as provided by statute, and provide tax or other public benefits to private schools serving students in kindergarten or any of grades 1 to 12, inclusive, irrespective of religious affiliation, to further the promotion of intellectual, scientific, moral, and agricultural improvement. (2) The Classroom Instructional Improvement and Accountability Act, an initiative approved by the voters as Proposition 98 at the November 8, 1988, statewide general election, amended the California Constitution to, among other things, set forth a formula for computing the minimum amount of revenues that the state is required to appropriate for the support of school districts and community college districts based on one of 3 tests in any given fiscal year, one of which is based on the percentage of General Fund revenues appropriated for school districts and community college districts, respectively, in fiscal year 1986–87, and 2 of which are based on, among other things, changes in enrollment. The California Constitution measures changes in enrollment by the percentage change in average daily attendance. The California Constitution generally prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of government for the prior fiscal year, adjusted for the change in the cost of living and the change in population, and prescribes procedures for making adjustments to the appropriations limit. The California Constitution defines the change in population of a school district or community college district as the percentage change in the average daily attendance of the school district or community college district from the preceding fiscal year, as determined by a method prescribed by the Legislature. For purposes of measuring changes in enrollment as they relate to computing the minimum amount of revenues the state is required to appropriate for the support of school districts and community college districts, and for purposes of measuring the change in population of a school district or community college district to determine the total annual appropriations limit for school districts and community college districts, this measure would define average daily attendance to include all children enrolled in public kindergarten schools, elementary schools, and secondary schools and all children who are eligible to enroll in public kindergarten schools, elementary schools, and secondary schools but have chosen to fund their kindergarten, elementary, or secondary education with an Education Flex Account or Special Education Flex Account, as provided. (3) The California Constitution generally prohibits the Legislature from enacting a statute to modify or change the manner in which ad valorem property tax revenues are allocated to local agencies, except as provided. This measure would authorize the Legislature, by statute, to require the allocation of ad valorem property tax revenues in the manner described in the Education Flex Account Act of 2024. (4) This measure would provide that its provisions are severable and would require the Attorney General to defend against any action challenging the validity of the measure, as provided.
This measure would recognize the month of January 2024 as National Human Trafficking Awareness Month.