Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with private nonprofit corporations for the establishment of regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires a regional center to include specified information on its internet website for the purpose of promoting transparency and access to public information, including, among other things, regional center annual independent audits and purchase of service policies. Existing law requires the department to establish and maintain a transparency portal on its internet website that allows consumers, families, advocates, and others to access provider and regional center information, and requires posted information on the department's internet website transparency portal to include, among other things, a link to each regional center's internet website information. This bill would, on or before January 1, 2022, require the department, in consultation with stakeholders, to determine the most appropriate open, machine-readable format to be used when disclosing numeric data. The bill would, on or before July 1, 2022, require the department and regional centers to provide numeric data generated by the department or the regional center in that format and would require the department or the regional center to make a good faith effort to provide numeric data that is, or can be, provided by a third party in that format. The bill would also, on or before July 1, 2022, require the department to develop, in consultation with stakeholders, transparency guidelines for the disclosure of information that regional centers are required to post on their internet websites. The bill would require the department to post the finalized transparency guidelines on its internet website. The bill would require each regional center to, on or before July 1, 2022, ensure that all publicly disclosed information made available by the regional center on its internet website is accessible through a public information web page located on its internet website, and that the regional center's internet website conforms to the transparency guidelines.
Sponsored bills
Existing law, as amended by Proposition 35 as approved by the voters at the November 6, 2012, statewide general election, requires a person convicted of a specified sex offense, or an attempt to commit a specified sex offense, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Existing law, commencing January 1, 2021, establishes 3 tiers of registration based on specified criteria, for periods of at least 10 years, at least 20 years, and life, respectively, for a conviction of specified sex offenses. Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense. The Legislature may amend Proposition 35 by a statute passed in each house by a majority vote. This bill would make technical, nonsubstantive changes to those provisions.
The Personal Income Tax Law imposes taxes on income and provides definitions of specified terms for purposes of that law, including a definition for "taxable year." This bill would make nonsubstantive changes to that definition provision.
Existing law requires a school district or charter school offering an interscholastic athletic program to acquire at least one automated external defibrillator (AED) for each school that participates in the program within the jurisdiction of the school district or the charter school. This bill would make nonsubstantive changes to those provisions.
Existing law authorizes county and city elections officials to establish procedures, subject to specified conditions, designed to permit a voter to opt out of receiving voter information guides, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the city or county's internet website. This bill would make technical, nonsubstantive changes to this provision.
The Political Reform Act of 1974 prohibits a Member of the Legislature, for a period of one year after leaving office, from acting as a compensated agent or attorney for, or otherwise representing, any other person by making appearances before, or communications with, the Legislature or its committees, present Members, or officers or employees, if the appearance or communication is made for the purpose of influencing legislative action. This bill would make technical, nonsubstantive changes to this provision.
Existing law declares that the right to water is limited to that water that is reasonably required for the beneficial use to be served, and does not extend to the waste or unreasonable use, unreasonable method of use, or unreasonable method of diversion of water. This bill would make nonsubstantive changes to that provision.
Existing law requires a refinery-related community air monitoring system, as defined, to be installed on or before January 1, 2020, as specified, and requires an air district to design, develop, install, operate, and maintain the refinery-related community air monitoring system or to contract with a third party to provide those services. Existing law also requires an owner or operator of a petroleum refinery to develop, install, operate, and maintain a fence-line monitoring system, as defined, on or before January 1, 2020, as specified. This bill would make technical, nonsubstantive changes to those provisions.
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 commonly 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 Dynamex and the provisions described above, including various professional services provided by a freelance writer, editor, photographer, photojournalist, or newspaper cartoonist who does not provide content submissions to the putative employer more than 35 times per year. This bill would revise that exemption to instead exempt all freelance journalists, including photographers, photojournalists, and videographers, without regard to the number of content submissions per year, from the application of Dynamex and the above provisions.
Existing law declares the intent of the Legislature to preserve and strengthen a child's family ties whenever possible, removing the child from the custody of their parents only when necessary for the child's welfare or for the safety and protection of the public. Existing law declares the further intent of the Legislature that all children live with a committed, permanent, and nurturing family, with services and supports that are tailored to meet the needs of the individual child and family being served, with the ultimate goal of maintaining the family or, when this is not possible, transitioning the child or youth to a permanent family or preparing the child or youth for a successful transition to adulthood. This bill would make technical, nonsubstantive changes to those provisions.