Sen. María Elena Durazo

Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance to, and a minor under 12 years of age who is alleged to have committed specified serious offenses to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. Existing law authorizes the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when the minor was 16 years of age or older, or in a case in which a specified serious offense is alleged to have been committed by a minor when the minor was 14 or 15 years of age, but the minor was not apprehended prior to the end of juvenile court jurisdiction. This bill would make an order transferring a minor from a juvenile court to a court of criminal jurisdiction subject to appeal. This bill would require an order transferring a minor from the juvenile court to a court of criminal jurisdiction to be subject to immediate appellate review if a notice of appeal is filed within 30 days of the order transferring the minor. The bill would, upon request of the minor, require the superior court to issue a stay of the criminal court proceedings until a final determination of the appeal. The bill would require the appeal to have precedence in the court to which the appeal is taken and to be determined as soon as practicable after the notice of appeal is filed. The bill would require the Judicial Council to adopt rules of court, as specified.

(1) Existing law relating to employment regulation and supervision imposes special provisions on certain occupations and industries. Existing law charges the Labor Commissioner and the Division of Labor Standards Enforcement with the enforcement of labor laws. This bill, among other things, would require specified employers to provide to each employee, defined as a nonexempt employee who works at a warehouse distribution center, upon hire, or within 30 days of the effective date of these provisions, with a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed, or materials to be produced or handled, within the defined time period, and any potential adverse employment action that could result from failure to meet the quota. The bill would provide that an employee shall not be required to meet a quota that prevents compliance with meal or rest periods, use of bathroom facilities, or occupational health and safety laws, as specified. The bill would prohibit an employer from taking adverse action against an employee for failure to meet a quota that has not been disclosed or for failure to meet a quota that does not allow a worker to comply with meal or rest periods or occupational health and safety laws. The bill would require that any action taken by an employee to comply with occupational health and safety laws or division standards be considered time on task and productive time for the purposes of any quotas or monitoring system. This bill would provide that if a current or former employee believes that meeting a quota caused a violation of their right to a meal or rest period or required them to violate any occupational health and safety law or standard, they have the right to request, and the employer is required to provide, a written description of each quota to which the employee is subject and a copy of the most recent 90 days of the employee's own personal work speed data. The bill would limit a former employee to one of these requests. The bill would also authorize a current or former employee to bring an action for injunctive relief to obtain compliance with specified requirements, and may, upon prevailing in the action, recover costs and reasonable attorney's fees in that action. This bill would require the Labor Commissioner to enforce these provisions by engaging in coordinated and strategic enforcement efforts with the Department of Industrial Relations, including the Division of Occupational Safety and Health and the Division of Workers' Compensation. The bill would authorize the commissioner to have access to data from the department including employer-reported injury data and enforcement actions in warehouses, the identity of uninsured employers, and employers who are committing workers' compensation fraud, wage theft, or other information relevant to the commissioner's authority, and would make other conforming changes. The bill would require the commissioner to report to the Legislature by January 1, 2023, the number of claims filed with the commissioner, data on warehouse production quotas in warehouses in which annual employee injury rates are above the industry average, and the number of investigations undertaken and enforcement actions initiated, per employer, as specified. This bill would require the Division of Occupational Safety and Health or the Division of Workers' Compensation to notify the commissioner, who is required to determine whether an investigation of violations pursuant to these provisions is appropriate, if a particular worksite or employer is found to have an annual employee injury rate of at least 1.5 times higher than the warehousing industry's average annual injury rate. The bill would authorize the commissioner to adopt regulations relating to the procedures for an employee to make a complaint alleging a violation of this part. (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.

This measure would urge the Congress of the United States to work with President Joseph R. Biden to pass comprehensive immigration reform guided by empathy, inclusion, and opportunity, as provided.

Existing law establishes various programs, including, among others, the Emergency Housing and Assistance Program and homeless youth emergency service pilot projects to provide assistance to homeless persons. Existing law establishes the Homeless Coordinating and Financing Council to oversee the implementation of Housing First guidelines and regulations, and, among other things, identify resources, benefits, and services that can be accessed to prevent and end homelessness in California. This bill would require the council to assume additional responsibilities, including setting specific, measurable goals aimed at preventing and ending homelessness among unaccompanied women in the state and defining outcome measures and gathering data related to those goals. The bill would also require the council, in order to coordinate a spectrum of funding, policy, and practice efforts related to unaccompanied women experiencing homelessness, to coordinate with certain stakeholders and, to the extent that funding is made available, provide technical assistance and program development support.

Existing law designates 8 agencies in state government and requires the secretary of an agency to be generally responsible for the sound fiscal management of each department, office, or other unit within the agency. Existing law further requires the secretary of an agency to, among other duties, continually seek to improve the organization structure, the operating policies, and the management information systems of each department, office, or other unit. This bill would, until January 1, 2029, establish the Immigrant and Refugee Affairs Agency as an agency within state government, to be headed by a secretary who is appointed by the Governor and subject to Senate confirmation. The bill would specify that the purpose of the agency is to reduce obstacles and enhance immigrant integration, as defined, into the social, cultural, economic, and civic life of the state. The bill would establish the Office of Immigrant and Refugee Affairs within the agency. The bill would transfer functions relating to immigrants and refugees to the office and would declare the intent to incorporate existing and future programs created to assist immigrants and refugees into the office. The bill would transfer the property of any office, agency, or department that relates to functions transferred to the office by these provisions and would transfer the unencumbered balance of any appropriation and any other funds that are available for use in connection with any function transferred to the office. The bill would also provide that every officer and employee who is serving in the state civil service, as provided, and who is transferred to the office, shall retain the status position, and rights. The bill would create the Immigrant and Refugee Integration Fund within the State Treasury, and would make the moneys available in the fund available to the secretary of the office to administer the duties of the office. This bill would establish the duties and responsibilities of the agency and the office which includes, among other duties, establishing a permanent structure within the state to serve immigrants, assisting other state agencies in evaluating their programs for accessibility and effectiveness in providing services to immigrants and refugees, and recommending policy and budget mechanisms for meeting immigrant and refugee integration goals. The bill would prohibit interagency sharing of personal information and would prohibit use of agency resources to directly or indirectly participate or assist in immigration enforcement activity. Existing law establishes the Statewide Director of Immigrant Integration and requires the director serve as the statewide lead for the planning and coordination of immigrant services and policies in California. Existing law requires, among other things, that the director develop a comprehensive statewide report on programs and services that serve immigrants, develop an online clearinghouse of immigrant services, resources, and programs, and monitor the implementation of statewide laws and regulations that serve immigrants. This bill would recast those provisions to rename the director as the Statewide Director of Immigrant and Refugee Integration. The bill would place the director in charge of the office, and would require the director to report to the Governor and the Legislature on programs and services that serve immigrants and refugees by January 1, 2023, and require the director to provide a statewide plan for better implementation and coordination of immigrant and refugee assistance policies and programs. The bill would require the director to incorporate refugee services, resources, and programs into the online clearinghouse by January 1, 2023, and would require the director to monitor statewide laws and regulations that serve refugees, in addition to immigrants. The changes made by this bill would be in effect until January 1, 2029, and as of that date would be repealed. The provisions of this bill would only become operative if funds have been appropriated for the purposes described in the bill in the annual Budget Act or another statute. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

Existing law establishes and requires the State Department of Social Services to administer the CalFood Program to provide food and funding to food banks whose primary function is to facilitate the distribution of food to low-income households, as specified. This bill would require the department to provide a food assistance benefit to low-income California residents, regardless of immigration status, by contracting with nonprofit entities, as defined, to issue the food assistance benefit in the form of prepaid cards. The bill would require the department to procure the prepaid cards to administer the food assistance benefit and to ensure the availability of those prepaid cards to nonprofit entities, as specified. The bill would require participating nonprofit entities to maintain specified records. The bill would require the department and nonprofit entities to distribute all of the food assistance benefits by July 1, 2023. The bill would authorize the department to implement, interpret, or make specific these provisions without taking regulatory action. The bill would exempt contracts awarded pursuant to these provisions from personal services contracting requirements, the Public Contract Code, and the State Contracting Manual, and the contracts would not be subject to the approval of the Department of General Services. The bill would make these provisions operative upon appropriation. The bill would require the department, in consultation with a workgroup, to author a report to provide recommendations and solutions for a permanent food assistance program for low-income California residents experiencing food insecurity, to complete that report by January 1, 2023, and to submit a copy of that report to the Legislature, as specified. This bill would repeal its provisions on January 1, 2025. This bill would declare that it is to take effect immediately as an urgency statute.

(1) Existing law prohibits sterilization of a person with developmental disabilities without the person's consent, if the person has the ability to consent to sterilization, as defined, unless a limited conservator authorized to consent to the sterilization of an adult with a developmental disability is appointed and obtains court authorization to consent to the sterilization, as specified. Existing law prohibits sterilization for the purpose of birth control in county jails and state prison facilities, as specified. Existing law establishes a procedure for the compensation of victims and derivative victims of certain crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund consisting of General Fund moneys, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and specified limits on the amount of compensation the board may award, and requires applications for compensation to be verified under penalty of perjury. Under existing law, certain property is exempt from enforcement of money judgments, including benefits from a disability or health insurance policy or program. This bill would establish the Forced or Involuntary Sterilization Compensation Program, to be administered by the California Victim Compensation Board for the purpose of providing victim compensation to survivors of state-sponsored sterilization conducted pursuant to eugenics laws that existed in California between 1909 and 1979 and to survivors of coercive sterilization performed in prisons after 1979. The bill would require the board, in consultation with community-based organizations, to conduct outreach to locate qualified recipients, as defined, disclose a coerced sterilization to that person if the person was sterilized while imprisoned, notify that person of the process to apply for victim compensation, and review and verify all applications for victim compensation, as specified. The bill would require the board to keep confidential and not disclose to the public a record pertaining to a person's application for victim compensation or the board's verification of the application. The bill would exempt victim compensation payments from, among other things, being considered taxable income for state tax purposes or being subject to enforcement of a money judgment, as specified. The bill would provide that these provisions would become operative only upon an appropriation of not less than $7,500,000 in the annual Budget Act or other statute, collectively appropriated to the board, the State Department of State Hospitals, the State Department of Developmental Services, and the Department of Corrections and Rehabilitation for the purposes of implementing the program. The bill would also require the board and departments to post a notice on their internet websites, once the appropriation described above is made, to inform the public of the operative date of the program. (2) Existing law provides that information and records obtained in the course of providing specified mental health and developmental services are confidential, but allows the disclosure of the information and records under specified circumstances. This bill would additionally authorize the State Department of Developmental Services and the State Department of State Hospitals to disclose the above-described information and records to authorized employees of the board for the purposes of verifying the identity and eligibility of individuals claiming compensation under the Forced or Involuntary Sterilization Compensation Program, or to an attorney for a person who was sterilized or alleges a person was sterilized. The bill would require the board to maintain the confidentiality of any information or records received from the departments. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.