Existing law generally protects employees who disclose illegal or improper workplace activities by prohibiting interference with, and retaliation for, making such disclosures. Existing law provides procedures for a person to file a complaint alleging violations of legislative ethics. Existing law also authorizes each house of the Legislature to adopt rules for its proceedings and to select committees necessary for the conduct of its business. This bill would impose criminal and civil liability on a Member of the Legislature or legislative employee, as defined, who interferes with, or retaliates against, a legislative employee's exercise of the right to make a protected disclosure, which is defined as a good faith allegation made by a legislative employee to specified entities that a Member of the Legislature or a legislative employee has engaged in, or will engage in, activity that may constitute a violation of law, including sexual harassment, or a violation of a legislative standard of conduct. The bill would also impose civil liability on an entity that interferes with, or retaliates against, a legislative employee's exercise of the right to make a protected disclosure, as specified. By creating new crimes, 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 no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.
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Existing law permits marketing orders established under the California Marketing Act of 1937 to contain provisions for the establishment of educational programs that are designed to acquaint producers, handlers, consumers, or other interested persons with quality improvement and nutritional values of any commodity, and authorizes the Secretary of Food and Agriculture to establish an educational program directly affecting producers of all commodities produced in the state. The act defines "educational program" as a program established by the secretary pursuant to the act that provides for the planning and implementation of activities designed to inform the general public of the processes of producing agricultural commodities and designed to foster cooperation and understanding between urban and rural sectors of society. This bill would make a nonsubstantive change in that definition of "educational program."
Existing law declares the need to have a well-educated and highly skilled workforce in the state. Existing law also declares specified principles to guide the state's workforce investment system. This bill would express the intent of the Legislature to later enact legislation that would assist the state in the economic development of the aerospace industry and educating California's workforce in the aerospace industry.
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 law, the Administrative Procedure Act, governs the procedures for the adoption, amendment, or repeal of regulations by state agencies and requires, among other things, that a state agency make available to the public facts, evidence, documents, testimony, or other evidence on which the state agency relies to support the agency's determination that the proposed action will not have a significant adverse impact on business. Existing law establishes the Office of Small Business Advocate, within the Governor's Office of Business and Economic Development, and establishes the duties and functions of the Director of the Office of Small Business Advocate including, among other duties, representing the views and interests of small businesses before other state agencies whose policies and activities may affect small businesses. Existing law requires each state agency that significantly regulates small business or that significantly impacts small business to designate at least one person who is required to serve as a small business liaison. This bill would require a state agency to assist a small business, as defined, in complying with all statutes and regulations administered by the state agency and in any enforcement action by the state agency. The bill would require a state agency to establish a policy, by December 31, 2018, that provides for the reduction of civil penalties for violations of regulatory or statutory requirements by a small business under appropriate circumstances. The bill would authorize the state agency to update the policy to reflect current issues and conditions affecting small businesses and the state agency. The bill would require the state agency to post a current copy of the policy on the state agency's Internet Web site and, until June 30, 2022, to annually post specified information about enforcement actions and penalty reductions (annual report) . The bill would require a state agency to notify the Office of Small Business Advocate of certain events relating to its policy and annual report.
Existing law authorizes the Department of Transportation and regional transportation agencies, as defined, to enter into comprehensive development lease agreements with public and private entities, or consortia of those entities, for certain transportation projects that may charge certain users of those projects tolls and user fees, subject to various terms and requirements. These arrangements are commonly known as public-private partnerships. Existing law provides that a lease agreement may not be entered into under these provisions on or after January 1, 2017. This bill would extend this authorization indefinitely and would include within the definition of "regional transportation agency" the Santa Clara Valley Transportation Authority, thereby authorizing the authority to enter into public-private partnerships under these provisions. The bill would also make nonsubstantive changes to these provisions by correcting obsolete cross-references.
The Milk and Milk Products Act of 1947 authorizes the Secretary of Food and Agriculture, among other things, to take a sample of any milk, cream, product of milk or cream, or product resembling milk products and examine, inspect, test, or by other means determine the health of any cow or goat. This bill would make nonsubstantive changes to that provision.
Existing law establishes various career technical education programs, including the Career Technical Education Pathways Program, which requires the Chancellor of the California Community Colleges and the Superintendent of Public Instruction to assist economic and workforce regional development centers and consortia, community colleges, middle schools, high schools, and regional occupational centers and programs to improve linkages and career technical education pathways between high schools and community colleges, as specified. Existing law provides that the program becomes inoperative on July 1, 2017, and is repealed as of January 1, 2018. This bill would express the intent of the Legislature to enact legislation relating to career pathways for training from high school to the workforce and prison to the workforce.
Existing law prescribes various requirements regarding the formation, content, and enforcement of state and local public contracts. Existing law establishes, for contracts entered into on or after January 1, 2017, a claim resolution process applicable to any claim by a contractor in connection with a public works project against a public entity. Existing law defines public entity to include, but not be limited to, a state agency, a department, the California State University, the University of California, a city, including a charter city, a county, including a charter city, and a city and county, including a charter city and county. Existing law defines a claim as a separate demand by the contractor for one or more of the following: a time extension for relief from damages or penalties for delay, payment of money or damages arising from work done pursuant to the contract for a public work, or payment of an amount disputed by the public entity, as specified. In the case in which a claiment disputes the public entitys response or the public entity fails to respond, existing law requires a public entity to schedule a meet and confer conference for the settlement of the dispute. This bill would require the public entity to, instead, conduct the meet and confer conference within that some period. This bill would specify that these provisions constitute a matter of statewide concern.
Existing law requires every employer who pays wages to an employee for services performed in this state to withhold from those wages specified income taxes, with certain exclusions, including an exclusion from withholding wages, salaries, fees, or other compensation paid by a corporation for services performed in the state for that corporation to a nonresident corporate director for director services. Existing law authorizes the Franchise Tax Board to impose specified requirements for withholding of those taxes. This bill also would exclude from withholding wages, salaries, fees, or other compensation paid to a resident of the state while he or she is in active military duty.