Existing law establishes liability for sexual harassment when the plaintiff proves specified elements, including, among other things, that there is a business, service, or professional relationship between the plaintiff and defendant and there is an inability by the plaintiff to easily terminate the relationship. Existing law states that a relationship may exist between a plaintiff and certain persons, including an attorney, holder of a master's degree in social work, real estate agent, and real estate appraiser. This bill would include within the elements in a cause of action for sexual harassment when the plaintiff proves, among other things, that the defendant holds himself or herself out as being able to help the plaintiff establish a business, service, or professional relationship with the defendant or a 3rd party. The bill would eliminate the element that the plaintiff prove there is an inability by the plaintiff to easily terminate the relationship. The bill would include an investor, elected official, lobbyist, director, and producer among those listed persons who may be liable to a plaintiff for sexual harassment. The California Fair Employment and Housing Act protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of various personal characteristics. Under existing law, the Department of Fair Employment and Housing is responsible for receiving, investigating, conciliating, mediating, and prosecuting complaints alleging violations of specified civil rights. This bill would also make the department responsible for the enforcement of sexual harassment claims. The California Fair Employment and Housing Act makes it an unlawful practice under its provisions for a person to deny or to aid, incite, or conspire in the denial of certain civil rights. This bill would also make it an unlawful practice to deny or aid, incite, or conspire in the denial of rights of persons related to sexual harassment actions. This bill would incorporate additional changes to Section 12930 of the Government Code proposed by SB 1427 to be operative only if this bill and SB 1427 are enacted and this bill is enacted last.
Sponsored bills
(1) Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law requires the department to administer, protect, develop, and interpret the property under its jurisdiction for the use and enjoyment of the public. Under this bill, a person or entity that engages in any for-profit activity in connection with the reservation of any overnight accommodation in any unit of the state park system, including sales activity to reserve an overnight accommodation on behalf of a 3rd party, without permission of the department or the operator of that state park system unit, would be guilty of a misdemeanor or an infraction, punishable as specified. The bill would establish a state-mandated local program by creating a new crime. The bill would express the intent of the Legislature that the department consult with experts in the public and private sectors, as specified, on the effective implementation of this provision, and provide an annual update to the Legislature on the implementation of this provision. (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. (3) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires that in any proceeding for dissolution of marriage where one spouse has been convicted of an act of domestic violence against the other spouse within a specific time period, there is a rebuttable presumption affecting the burden of proof that any award of temporary or permanent spousal support to the abusive spouse should not be made. In a similar spousal support proceeding where one spouse has been convicted of a violent sexual felony perpetrated against the other spouse within a specific time period, existing law prohibits an award of spousal support to the convicted spouse from the injured spouse, requires the court to order attorney's fees to be paid from community assets, authorizes the date of legal separation to be the date of the incident giving rise to the conviction or earlier, and entitles the injured spouse to 100% of the community interest in the injured spouse's retirement and pension. This bill would modify the rebuttable presumption against making an award of temporary or permanent spousal support that is applicable to all criminal convictions for an act of domestic violence by distinguishing between a criminal conviction for a domestic violence felony and a domestic violence misdemeanor, and would define these 2 types of convictions. Under the bill, a criminal conviction for a domestic violence felony would prohibit awards relating to spousal support, attorney's fees, setting the date of separation, and retirement and pension benefits in a manner similar to a criminal conviction for a violent sexual felony. The bill would authorize the court to determine, based on the facts of the particular case, that one or more of these limitations on awards do not apply, if the convicted spouse presents documented evidence that he or she has been the victim of a violent sexual offense or domestic violence by the other spouse. Under the bill, a criminal conviction for a domestic violence misdemeanor or a misdemeanor that results in a term of probation that is based on domestic violence, as specified, would require a rebuttable presumption against making the same awards that are prohibited in cases of a criminal conviction for a violent sexual felony or domestic violence felony, except that there would not be a rebuttable presumption that the injured spouse is entitled to 100% of the community property interest in his or her retirement or pension benefits. The bill would authorize the court to determine, based on the facts of a particular case, that the injured spouse is entitled to up to 100% of the community property interest in his or her retirement and pension benefits based on specified factors, including the duration of the marriage and when, based on documented evidence, incidents of domestic violence occurred. This bill would establish different time periods for the effectiveness of the prohibition in cases of a criminal conviction for a violent sexual felony or domestic violence felony and the effectiveness of the rebuttable presumption in cases of a domestic violence misdemeanor or probationary term, as specified. The bill would make the above changes applicable to convictions that occurred on or after January 1, 2019. The bill would also define terms for its purposes, and would make technical changes to these provisions.
Existing law, the Equity in Higher Education Act, states the policy of the State of California to afford all persons, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in postsecondary educational institutions of the state, and states that the purpose of related existing law is to prohibit acts that are contrary to that policy and to provide remedies therefor. Existing law prohibits a person from being subjected to discrimination on those bases and states that each characteristic includes a perception that the person has that characteristic or that the person is associated with a person who has, or is perceived to have, that characteristic. This bill would expressly reference immigration status in the specified characteristics for purposes of those provisions. The bill would specify that nothing in the Equity in Higher Education Act shall be construed to require a postsecondary educational institution to offer admission or student financial aid to a nonimmigrant alien, as specified, except as provided, and that nothing in the act shall be construed to change a student's eligibility for state financial aid.
The California Constitution requires members of the retirement board of a public pension or retirement system to discharge their duties with respect to the system solely in the interest of, and for the exclusive purposes of providing benefits to, participants and their beneficiaries, minimizing employer contributions thereto, and defraying reasonable expenses of administering the system. Existing statutory law establishes various public employee retirement systems and provides for the administration of the State Teachers' Retirement System by the Teachers' Retirement Board and for the administration of the Public Employees' Retirement System, among other public employee retirement systems, by the Board of Administration of the Public Employees' Retirement System. This bill would, until January 31, 2035, require climate-related financial risk, as defined, to be analyzed to the extent the boards identify the risk as a material risk to the Public Employees' Retirement Fund or the Teachers' Retirement Fund. The bill, by January 1, 2020, and every 3 years thereafter, would require each board to publicly report on the climate-related financial risk of its public market portfolio, including alignment of the Public Employees' Retirement Fund and the Teachers' Retirement Fund with a specified climate agreement and California climate policy goals and the exposure of the fund to long-term risks, as specified. The bill would provide that it does not require either board to take action unless the board determines in good faith that the action is consistent with its fiduciary responsibilities. The bill would make related legislative findings and declarations.
(1) Existing law, for specified purposes, provides that a necessary small school is an elementary school with an average daily attendance of less than 97 pupils, excluding pupils attending the 7th and 8th grades of a junior high school, maintained by a school district to which any of certain conditions apply, including specified distance requirements. This bill would include in the definition of "necessary small school" an elementary school with an average daily attendance of less than 97 pupils, excluding pupils attending the 7th and 8th grades of a junior high school, maintained by a school district with more than 2,500 and fewer than 5,001 units of 2nd principal apportionment average daily attendance in which as many as 15 pupils residing in the school district and attending kindergarten and grades 1 to 8, inclusive, excluding pupils attending the 7th and 8th grades of a junior high school, in the elementary school with an average daily attendance of less than 97 pupils would be required to travel more than 30 miles one way from a point on a well-traveled road nearest their home to the nearest other public elementary school. (2) Existing law requires the Superintendent of Public Instruction to make specified computations for each school district with fewer than 2,501 units of 2nd principal apportionment average daily attendance, on account of each necessary small school. This bill would require the Superintendent to make those specified computations also for each school district on account of each necessary small school meeting the added definition described above under paragraph (1) .
Existing law authorizes the Director of Forestry and Fire Protection to provide grants to entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions. The Budget Act of 2017 appropriated moneys to the Department of Forestry and Fire Protection for purposes of, among other things, providing local assistance grants, grants to fire safe councils, and grants to qualified nonprofit organizations with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project for these same purposes, as provided. This bill would, until January 1, 2024, authorize the director to authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from the grant awards specified above. The bill would prohibit a single advance payment from exceeding 25% of the total grant award. The bill would place specified requirements on the grantee of the advance payment, including that the grantee file an accountability report with the department, as provided. The bill would require the department to provide a report to the Legislature on or before January 1, 2023, on the outcome of the department's use of the advance payments. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, as defined, and requires local enforcement agencies to enforce these provisions. Under existing law, a person who violates any provision of the code is guilty of a misdemeanor with each offense punishable by a fine of not less than $25 or more than $1,000, or by imprisonment in a county jail for a term not exceeding 6 months, or by both that fine and imprisonment. This bill would require a restaurant, as defined, that sells a children's meal that includes a beverage, to make the default beverage water, sparkling water, or flavored water, as specified, or unflavored milk or a nondairy milk alternative, as specified. The bill would not prohibit a restaurant's ability to sell, or a customer's ability to purchase, an alternative beverage if the purchaser requests one. The bill would make a violation of its provisions an infraction, but would make the first violation subject to a notice of violation. Under the bill, the 2nd and 3rd violations would be punishable by fines of not more than $250 and $500, respectively. By imposing additional duties on local enforcement agencies and by creating a new crime, the 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires any person, or federal, state, or local agency, district, or authority that owns or manages a reservoir, as defined, where recreational, boating, or fishing activities are permitted, except a privately owned reservoir that is not open to the public, to assess the vulnerability of the reservoir for the introduction of nonnative dreissenid mussel species and to develop and implement a program designed to prevent the introduction of that species, as prescribed. Existing law requires the owner of a vessel, as described, to register the vessel in accordance with prescribed requirements governing the registration and transfer of vessels. Existing law establishes a registration fee for vessels, and imposes an additional fee, known as the quagga and zebra mussel infestation prevention fee, in specified amounts, as determined by the Division of Boating and Waterways in the Department of Parks and Recreation, on a vessel required to pay that fee. Existing law requires that all revenues from the additional prevention fee be deposited into the Harbors and Watercraft Revolving Fund, and, upon appropriation, be expended for certain purposes relating to the prevention, control, and management of dreissenid mussel infestations. Existing law requires that a specified percentage of those revenues deposited into the fund from the prevention fee be made available to entities subject to the above-described requirements for reservoirs to be used for grants for the reasonable regulatory costs incident to the implementation of a dreissenid mussel infestation prevention plan. This bill would additionally make any person or entity that manages any aspect of the water in a reservoir, as defined, where recreational, boating, or fishing activities are permitted, eligible for a grant to be used for the reasonable regulatory costs of implementation of a dreissenid mussel infestation prevention plan.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. The Diablo Canyon nuclear powerplant, composed of reactor Units 1 and 2, is operated by the Pacific Gas and Electric Company (PG&E) in the County of San Luis Obispo. The Nuclear Facility Decommissioning Act of 1985 requires each electrical corporation owning or operating nuclear facilities to establish an externally managed, segregated fund for payment of decommissioning costs of those facilities, establishes requirements for the collection of moneys for decommissioning costs in the utility's rates and charges, and requires that the expenses associated with decommissioning nuclear facilities be paid from those funds. Pursuant to the act, the commission ordered that 2 nuclear decommissioning funds be established for the Diablo Canyon Units 1 and 2 powerplant. Existing law requires the commission to cause an assessment to be completed by no later than July 1, 2018, conducted by an independent 3rd party, selected as specified, of the adverse and beneficial economic impacts and net economic effects that could occur, and of potential ways for the state and local jurisdictions to mitigate the adverse economic impact, if the Diablo Canyon Units 1 and 2 powerplant were to temporarily or permanently shut down before the powerplant's current operating licenses expire or when PG&E closes the powerplant upon the expiration of its current licenses. Existing law requires the commission to approve the withdrawal of $400,000 from the nuclear decommissioning funds established for the Diablo Canyon Units 1 and 2 powerplant for use by the commission for additional staffing to urgently effectuate the 3rd-party assessment. Pursuant to existing law, PG&E has filed an application with the commission seeking the commission's approval for the retirement of the Diablo Canyon nuclear powerplant. This bill would require the commission to approve the full funding for the community impact mitigation settlement, and for the employee retention program, proposed by PG&E in a specified application submitted to the commission. The bill would require the commission to ensure that integrated resource plans avoid any increase in emissions of greenhouse gases as a result of the retirement of the Diablo Canyon nuclear powerplant. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because this bill would amend the Public Utilities Act, and the commission would be required to issue an order, decision, rule, direction, demand, or requirement to implement the bill's provisions, a violation of any of which would be a crime, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Diablo Canyon nuclear powerplant. 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.