Existing law requires employers to provide itemized statements to employees at the time wages are paid that show, among other things, gross wages earned and total hours worked. Existing law requires the itemized statements for employees who are compensated on a piece-rate basis to state separately the total hours of compensable rest and recovery periods, the rate of compensation, and the gross wages paid for those periods during the pay period, among other things. Existing law requires those employees to be compensated for rest and recovery periods and other nonproductive time at, or above, specified minimum hourly rates, separately from any piece-rate compensation. Existing law, until January 1, 2021, requires an employer to use due diligence, including, but not limited to, the use of people locator services, to locate and pay former employees who were compensated on a piece-rate basis for any work performed during a pay period and who no longer work for the employer in the event that the former employees have relocated. Existing law, until January 1, 2021, establishes an affirmative defense to a claim or cause of action for recovery of wages, damages, liquidated damages, statutory penalties, or civil penalties based solely on the employer's failure to timely pay the employee the compensation due for rest and recovery periods and other nonproductive time for time periods prior to and including December 31, 2015, if the employer complies with prescribed requirements by no later than December 15, 2016, including, among others, that the employer calculates and begins making payments to each employee to whom the wages are due, as specified, or to the Labor Commissioner for any employer whom the employer cannot locate. For payments made to the Labor Commissioner, existing law also requires the employer to pay the Labor Commissioner an additional administrative fee. Existing law requires the Labor Commissioner to make a diligent search to locate any worker for whom the Labor Commissioner has collected unpaid wages or benefits. This bill would require the Labor Commissioner to post each month on the commissioner's Internet Web site information regarding payments made to the commissioner described above, the total number of employees located for whom the Labor Commissioner has collected payments and the total amount remitted to those employees, and the balance remaining from the amounts paid to the commissioner after remitting payments to employees. This bill would declare that it is to take effect immediately as an urgency statute.
Sponsored bills
Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families, and requires regional centers to identify and pursue all possible sources of funding for consumers receiving those services. Existing law defines a "developmental disability" as a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for the individual. This bill would modify that definition to mean a disability that originates before an individual attains 22 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for the individual.
Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude compacts, subject to ratification by the Legislature. Existing law ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes. Existing law creates in the State Treasury the Indian Gaming Special Distribution Fund for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of gaming compacts entered into with the state. Existing law authorizes moneys in that fund to be used for certain purposes, including compensation for regulatory costs incurred in connection with implementing and administering tribal-state gaming compacts. This bill would make technical, nonsubstantive changes to these provisions.
Existing law requires the Department of Water Resources, upon appropriation by the Legislature, to provide funding for a project that substantially conforms to the project description for the Reverse Flow Pump-back Facilities on the Friant-Kern Canal Restoration Project, as specified, provided that certain conditions are met. Existing law requires that the appropriation be no more than $7,000,000. This bill would appropriate $7,000,000 from the General Fund to the department for this project. This bill would make legislative findings and declarations as to the necessity of a special statute for the Friant-Kern Canal.
Existing law makes assault committed against a peace officer, as defined, engaged in the performance of his or her duties when the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties punishable by a fine not exceeding $2,000, or by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment. This bill would make assault committed against a federal peace officer engaged in the performance of his or her duties, when the person committing the offense knows or reasonably should know that the victim is a federal peace officer engaged in the performance of his or her duties, punishable by the same penalties described above. Existing law makes battery committed against a peace officer, as defined, engaged in the performance of his or her duties, as specified, when the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, and an injury is inflicted on that peace officer, punishable by a fine of not more than $10,000, by imprisonment in a county jail not exceeding one year, or by imprisonment in a county jail for 16 months, or 2 or 3 years, or by both the fine and imprisonment. This bill would make battery committed against a federal peace officer engaged in the performance of his or her duties, when the person committing the offense knows or reasonably should know that the victim is a federal peace officer engaged in the performance of his or her duties, and an injury is inflicted on that federal peace officer, punishable by the same penalties described above. By enhancing the punishment for a crime, this bill would impose a state-mandated local program. 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.
The Planning and Zoning Law requires that the housing element of a city's or county's general plan include, among other things, an analysis of any special needs housing, such as the needs of, among others, farmworkers. A provision of the Employee Housing Act provides that employee housing that meets specified requirements is deemed an agricultural land use and prohibits a local government from requiring a conditional use permit, zoning variance, or other zoning clearance for that employee housing. This bill would require that certain agricultural worker housing be deemed an agricultural land use for purposes of the general plan of a local agency and, except as provided, would prohibit the local agency from requiring a conditional use permit or other discretionary permit, zoning variance, or other zoning clearance for that housing that is not required for any other agricultural use within the same zone. The bill would define "local agency" for these purposes as a city, county, or city and county, including a charter city, charter county, or charter city and county. The bill would also provide that local sewage disposal requirements only apply to agricultural worker housing if that agricultural worker housing is connected to an existing sewage disposal system. The bill would require the Department of Housing and Community Development to propose building standards applicable to agricultural worker housing subject to these provisions that comply with specified requirements, as provided. The bill would declare that its provisions address a matter of statewide concern and would apply equally to any local agency, as defined. The bill would also make various technical and conforming changes to the Employee Housing Act. Under existing law, a violation of the Employee Housing Act is a misdemeanor. By expanding the scope of a crime, this bill would impose a state-mandated local program. 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.
Existing law establishes the Board of State and Community Corrections and requires the board to, among other things, establish minimum standards for local correctional facilities, as specified. Existing law requires plans and specifications to be submitted to the board for every jail, prison, or other place of detention of persons charged with, or convicted of, crime or of persons detained pursuant to the Juvenile Court Law or the Youth Authority Act, if those plans and specifications involve construction, reconstruction, remodeling, or repairs of an aggregate cost in excess of $15,000. This bill would appropriate $24,500,000 from the General Fund in specified amounts to the Cities of Orange Cove, Woodlake, Arvin, Dinuba, McFarland, Sanger, Reedley, and Parlier, for the purposes of constructing, renovating, or relocating police department facilities, whether in new buildings or existing buildings that have been renovated.
Existing sales and use tax laws impose taxes on retailers measured by gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, measured by sales price. Those laws partially exempt from those taxes, for a specified period, the gross receipts from the sale of, and the storage, use, or other consumption of, specified tangible personal property purchased for use by a qualified person, as defined, to be used primarily in manufacturing or other processes, and in research and development. On and after July 1, 2014, tangible personal property with a useful life of one or more years, as defined by reference to state income or franchise taxes, is deemed to have a useful life of one or more years for purposes of the exemption. This bill would define "useful life" for periods on and after July 1, 2014, to also include tangible personal property that is expensed for state income or franchise tax purposes and that has a physical useful life of one or more years. The bill, with respect to property with a useful life of one or more years as redefined by this bill, would require the State Board of Equalization to cancel any notice of determination and any related penalties and interest and would prohibit the board from issuing any notice of determination with respect to the purchase or sale of that property. The bill would authorize a qualified person to offset the amount of sales tax reimbursement or use tax paid against any sales and use tax imposed on the qualified person when a qualified person has paid sales tax reimbursement or use tax on purchases of qualified tangible personal property that has a useful life of one or more years, as redefined by the bill, as provided. The bill, beginning on and after January 1, 2018, and before July 1, 2026, would additionally exempt from those taxes special purpose buildings and foundations used for the generation or production or storage and distribution, as defined, of electric power and qualified tangible personal property purchased for used by a qualified person to be used primarily in the generation or production or storage and distribution of electric power or purchased for use by a contractor for the qualified person, as specified. The bill, on and after January 1, 2018, would expand the definition of qualified person to include, among others, a person primarily engaged in the business of electric power generation. The bill would declare the intent of the Legislature to enact legislation that would improve the state's sales and use tax incentives to promote a stronger California economy by securing a greater share of the high-paying, high-skilled jobs in manufacturing and research and development.
The Child Care and Development Services Act, administered by the State Department of Education, provides that children up to 13 years of age are eligible, with certain requirements, for child care and development services. Existing law requires the Superintendent of Public Instruction to administer all migrant child care and development programs. Existing law provides for child care alternative payment programs, the purpose of which is to provide for maximum parental choice in child care. Existing law requires reimbursement for alternative payment programs to include the cost of child care paid to child care providers, plus administrative and support services costs. Under existing law, the total cost for administrative and support services is not permitted to exceed 17.5% of the total contract amount. This bill would provide that an alternative payment program that operates an individual contract in an amount of less than $3,000,000, or a migrant alternative payment program that operates an individual contract in any dollar amount, shall receive a base support reimbursement that does not exceed 22% of the total contract amount, for each individual contract.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law provides for a schedule of benefits provided under the Medi-Cal program, which includes certain dental services that are referred to as Denti-Cal. Existing law, the California Healthcare, Research, and Prevention Tobacco Tax Act of 2016, or Proposition 56, which was approved by voters at the November 8, 2016, statewide general election, increases taxes imposed on distributors of cigarettes and tobacco products and allocates a specified percentage of those revenues to the department to increase funding for existing health care programs under the Medi-Cal program. Existing law establishes the Healthcare Treatment Fund for this purpose. This bill would require the department, for the 2017–18 fiscal year, to double Denti-Cal provider reimbursement rates for the 15 most common prevention, treatment, and oral evaluation services based on the average rates per service established in the 2015–16 fiscal year. The bill would appropriate for the 2017–18 fiscal year such an amount as may be necessary to double the reimbursement rates from the Healthcare Treatment Fund to the department, as specified.