Sen. Rosilicie Ochoa Bogh

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 extend the above-specified exemption to a sports coach for an elementary or secondary private school or local educational agency, as prescribed, and would define terms, including "sports coach," for these purposes.

Existing law authorizes a general acute care hospital, as defined, to offer special services, including, but not limited to, emergency medical services. Existing law establishes the Department of Health Care Access and Information to oversee and administer various health programs related to health care infrastructure, such as health policy and planning, health professions development, and facilities design review and construction, among others. This bill would require the Department of Health Care Access and Information to conduct a feasibility study on the implementation of freestanding emergency departments, as defined, in rural, disadvantaged, and underserved areas with limited access to emergency care. The bill would require that the study be conducted in collaboration with certain stakeholders and that the department issue a report to the Legislature, on or before January 1, 2027, with its findings and recommendations. The bill would appropriate an unspecified amount from the General Fund to the department for those purposes. The bill would repeal these provisions on January 1, 2031.

Existing law allows the court to issue a protective order restraining a defendant from any contact with the victim if the defendant has been convicted of a crime of domestic violence, human trafficking, a crime in furtherance of a criminal street gang, or a registerable sex offense. Under existing law, the protective order may be valid for up to 10 years, as determined by the court. This bill would additionally allow the court to issue a permanent protective order restraining a defendant from any contact with the victim if the defendant has been convicted of any serious or violent felony, as defined, or any felony requiring registration as a sex offender. The bill would also authorize the court to permanently extend certain previously issued orders under certain circumstances. The bill would require the Judicial Council to develop forms, instructions, and rules relating to these orders. The bill would make other conforming changes. By authorizing the issuance of protective orders in certain circumstances and the extension of certain protective orders, a violation of which is punishable as 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 Personal Income Tax Law in modified conformity with federal income tax laws, generally allows various deductions in computing the income that is subject to tax imposed under that law. This bill would, for taxable years beginning on or after January 1, 2025, and before January 1, 2030, allow a deduction in computing income for out-of-pocket medical costs, as defined. The bill would limit the deduction to $5,000 per taxable year. 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 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 the administration of the constitutional oath of office and seating of Members of the Legislature at the beginning of any regular session of the Legislature. Existing law requires each Member of the Legislature and each designated employee of the Legislature to attend certain orientation courses conducted by the appropriate legislative ethics committees at least once in each biennial session. This bill would require all Members and employees of the Legislature to attend a course regarding the United States Constitution and the California Constitution within 6 months of the convening of a regular session of the Legislature, except as specified. The bill would require the Legislative Counsel Bureau to develop and conduct the course, as specified.

Existing law governs the recall of certain state and local elective officers. Existing law requires proponents of a recall to serve, file, and publish a copy of the notice of intention to recall the elective officer, as specified. Existing law requires the notice of intention to contain, among other things, the printed name, signature, and residence address, including street and number, city, and ZIP Code, of each proponent of the recall. Existing law requires publication of the notice of intention in a newspaper of general circulation in the jurisdiction of the officer sought to be recalled. If there is no newspaper of general circulation, the notice of intention must be posted in at least 3 public places within the jurisdiction. This bill would require the proponents' signatures and the street numbers and street names of their residence to be redacted or otherwise excluded from the notice of intention before it is made available to the public. If there is no newspaper of general circulation in the jurisdiction of the officer sought to be recalled, the bill would require the notice of intention to also be posted on at least 3 internet websites.

Existing law requires the Attorney General, upon receipt of the text of a proposed initiative or referendum measure, to prepare a circulating title and summary of the chief purposes and points of the proposed measure that includes an estimate of the financial impact of the proposed measure. Existing law requires the Attorney General to prepare a ballot title and summary for each measure that the Secretary of State determines will appear on the ballot at a statewide election. This bill would instead require the Legislative Analyst to carry out these responsibilities. The bill would make the operation of this requirement contingent upon approval by the voters of SCA 3 of the 2025–26 Regular Session.

Existing law establishes the California State University and the University of California as 2 of the segments of public postsecondary education in this state. Existing law requires the California State University, and requests the University of California, to publicly provide labor market outcome information relating to the graduates of their undergraduate programs. This bill would require the California State University, and would request the University of California, to include in admission notifications (1) a hyperlink to the university's internet website that contains the labor market outcome information described above, and (2) information on student loans, as specified.

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. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Under existing law, the recommendation, continuous evaluation, and execution of statewide environmental goals, policies, and plans are included within the scope of the executive functions of the Governor. Existing law establishes the Office of Land Use and Climate Innovation in the Governor's office for the purpose of serving the Governor and the Governor's cabinet as staff for long-range planning and research and constituting the comprehensive state planning agency. This bill would require, on or before July 1, 2027, the Office of Land Use and Climate Innovation to consult with regional, local, state, and federal agencies to develop a technical advisory on thresholds of significance for greenhouse gas and noise pollution effects on the environment to assist local agencies. The bill would require the technical advisory to provide suggested thresholds of significance for all areas of the state, as specified, and would provide that lead agencies may elect to adopt these suggested thresholds of significance. The bill would also require the Office of Land Use and Climate Innovation to post the technical advisory on its internet website.

The Personal Income Tax Law, in modified conformity with federal income tax laws, allows various deductions from gross income in calculating adjusted gross income. This bill, for taxable years beginning on or after January 1, 2026, and before January 1, 2036, would allow a deduction in determining adjusted gross income for an amount equal to the qualified tips, as defined, received by a qualified taxpayer, as defined, during the taxable year, not to exceed $20,000. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill also would include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.