Sen. Scott Wilk

This measure would declare November 2023 as Court Adoption and Permanency Month.

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 repeal the above-described provisions that codify the ABC test. The bill would declare that its purpose is to suspend and nullify the California Supreme Court's decision in Dynamex and provide that this decision does not apply for purposes of California law.

Existing law categorizes certain weapons, including metal knuckles and specified knives, as generally prohibited weapons, and prohibits the possession of those weapons. Existing law permits certain devices to be purchased, possessed, or used in specified circumstances, including a stun gun. This bill would prohibit a stadium, concert venue, live performance or sporting venue, or arena where music, entertainment, or sporting events are being presented from prohibiting an individual from carrying a personal safety device, as defined, on their person. The bill would specify that these provisions do not include any device described as a personal safety device that would otherwise fall under the definition of any weapon otherwise prohibited by law. The bill would impose a $50 fine for each individual prohibited from carrying a personal safety device permitted to be carried under these provisions. By creating a new 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 Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program establishes the Cal Grant A and B Entitlement Awards, the California Community College Expanded Entitlement Awards, the California Community College Transfer Entitlement Awards, the Competitive Cal Grant A and B Awards, the Cal Grant C Awards, and the Cal Grant T Awards under the administration of the Student Aid Commission, and establishes eligibility requirements for these awards for participating students attending qualifying institutions. This bill would make a nonsubstantive change to the provision that establishes the Cal Grant Program.

This measure would recognize the month of January 2024 as National Human Trafficking Awareness Month.

This measure would call on the Biden Administration to urge Azerbaijan to immediately return all Armenian hostages, to impose Global Magnitsky Human Rights Accountability Act violations on Azerbaijan, to suspend all United States military and economic assistance to Azerbaijan, and to work with the international community to ensure the protection and preservation of Armenian cultural heritage sites. The measure would also support House Resolution 861, which calls on Azerbaijan to immediately release all prisoners of war and captured civilians.

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 2023–24 Regular Session. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires a nonprofit corporation, as defined, that operates or controls a health facility, as defined, or operates or controls a facility that provides similar health care to provide written notice to, and obtain the written consent of, the Attorney General prior to selling or otherwise disposing of a material amount of its assets to a for-profit corporation or entity, to a mutual benefit corporation or entity, or to another nonprofit corporation or entity. Existing law provides that the Attorney General has discretion to give consent to, give conditional consent to, or to not consent to, the agreement or transaction and requires the Attorney General to consider any factors they deem relevant, including, but not limited to, whether the terms are fair and reasonable. This bill would prohibit the Attorney General from giving conditional consent to any above-described agreement or transaction upon any condition or conditions that, individually or in aggregate, would reasonably be expected to, among other things, impose conditions that are unique to the selling nonprofit corporation, and are distinct from conditions that similarly situated selling nonprofit corporations are required to maintain or perform.