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. Existing law requires a 3-part test, commonly known as the "ABC" test, to establish that a worker is an independent contractor for purposes of claims for wages and benefits arising under wage orders issued by the Industrial Welfare Commission. This bill would instead, for purposes of claims for wages and benefits arising under wage orders, analyze whether the worker is economically dependent upon the hiring entity to determine whether that worker is an employee based upon the economic reality of the relationship with the hiring entity. The bill would require this analysis to be based solely upon enumerated factors that are similar to those used as a part of the Economic Realities Test in the federal Fair Labor Standards Act of 1938. This bill would provide legislative findings and declarations in support of these provisions, and would state in the findings and declarations that it is the intent of the Legislature that the test under these provisions be applied retroactively to claims filed on and after April 30, 2018.
Sponsored bills
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. Existing law sets forth the department's and the regional center's authority to establish provider rates for various services and supports. Existing law requires the department, on or before March 1, 2019, to submit a rate study to the appropriate fiscal and policy committees of the Legislature that includes an assessment of the effectiveness of the methods used to pay each category of community service provider, including a consideration of whether the current method of ratesetting for a service category provides an adequate supply of providers in that category and a comparison of the estimated fiscal effects of alternative rate methodologies for each service provider category. This bill would require the department to develop and implement, on or before June 30, 2021, a new rate methodology that utilizes quality and performance measures to compensate service providers based on those measures to replace the rate methodologies for all services and supports in effect before that date, or to be an adjunct to those rate methodologies. The bill would require the department to seek input from specified stakeholders in the development of the new rate methodology, and to hold at least 2 public meetings as part of those efforts.
Existing law establishes the State Energy Resources Conservation and Development Commission consisting of 5 members appointed by the Governor subject to confirmation by the Senate. This bill would make a nonsubstantive change to that provision.
Existing law authorizes a court to grant pretrial diversion, for a period no longer than 2 years, to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. Existing law conditions eligibility on, among other criteria, a court finding that the defendant's mental disorder played a significant role in the commission of the charged offense. Existing law makes defendants ineligible for the diversion program for certain offenses, including murder, voluntary manslaughter, and rape. This bill would make defendants ineligible for the diversion program for charges of robbery if the defendant was armed with a weapon at the time of the offense, assault with a deadly weapon, elder abuse, and child abuse, as defined.
Existing law makes it a crime for a person in a local correctional facility to possess a wireless communication device who is not authorized to possess that item. Existing law makes it a crime, with exceptions, for a person to knowingly bring or send into, or to knowingly assist in bringing into, or sending into, any county juvenile hall, ranch, camp, or forestry camp, or for a person who is confined in any of those institutions to possess, a prohibited controlled substance, a firearm, weapon, or explosive of any kind, a tear gas or tear gas weapon, or an alcoholic beverage, as specified. Existing law requires the posting of a sign at the entrance of those institutions specifying the prohibited conduct and the penalties. This bill would make it a misdemeanor, punishable by a fine of not more than $1,000, for a person to knowingly bring or send into, or to knowingly assist in bringing into, or sending into, any county juvenile hall, ranch, camp, or forestry camp a wireless communication device, as specified, who is not authorized to possess that item. By creating a new crime, and by increasing the duties of local officials relating to the posting of a sign specifying the 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, the Sherman Food, Drug, and Cosmetic Law, generally prohibits a person from manufacturing, packing, or holding processed food in this state unless the person has a valid registration from the State Department of Public Health. A person who violates this provision is subject to imprisonment for not more than one year in a county jail, a fine of not more than $1,000, or both the imprisonment and fine. This bill would make technical, nonsubstantive changes to that provision.
Under the Pharmacy Law, a violation of which is a crime, the California State Board of Pharmacy licenses and regulates the practice of pharmacy. That law authorizes a pharmacy to furnish prescription drugs only to certain entities, including specific health care entities, and individual patients or another pharmacy either pursuant to prescription or as otherwise authorized by law. This bill would authorize a pharmacy that provides compounding services to manufacture a nonpatient-specific dangerous drug for a general acute care hospital in order to help alleviate a commercial shortage of that drug.
The California High-Speed Rail Act creates the High-Speed Rail Authority to develop and implement a high-speed rail system in the state. The Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, approved by the voters as Proposition 1A at the November 4, 2008, general election, provides for the issuance of general obligation bonds in the amount of $9 billion for high-speed rail purposes and $950 million for other related rail purposes. Article XVI of the California Constitution requires measures authorizing general obligation bonds to specify the single object or work to be funded by the bonds and further requires a bond act to be approved by a 23 vote of each house of the Legislature and a majority of the voters. This bill would provide that no further bonds shall be sold for high-speed rail purposes pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, except as specifically provided with respect to an existing appropriation for high-speed rail purposes for early improvement projects in the Phase 1 blended system. The bill, subject to the above exception, would require redirection of the unspent proceeds received from outstanding bonds issued and sold for other high-speed rail purposes before the effective date of these provisions, upon appropriation, for use in retiring the debt incurred from the issuance and sale of those outstanding bonds. The bill would make no changes to the authorization under the bond act for the issuance of $950 million in bonds for rail purposes other than high-speed rail.
The California Healthy Youth Act requires school districts, defined to include county boards of education, county superintendents of schools, the California School for the Deaf, the California School for the Blind, and, commencing with the 2019–20 school year, charter schools, to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified. The act authorizes a school district to provide that education earlier than grade 7 with age-appropriate and medically accurate information. The act provides that the parent or guardian of a pupil has the right to excuse their child from all or part of that education through a passive consent ("opt-out") process and prohibits a school district from requiring active parental consent ("opt-in") for that education. This bill would require, for a pupil in a grade lower than grade 7, an active parental consent ("opt-in") with a signature for sexual health education and HIV prevention education. The act requires each school district to notify parents and guardians about its plan to provide sexual health education and HIV prevention instruction for the upcoming school year and to inform them, among other things, that written and audiovisual educational materials used in this instruction are available for inspection This bill would require a school district to make those materials available for inspection before the date of instruction on the school district's internet website and to translate those materials, as prescribed. By imposing additional duties on school districts, county boards of education, county superintendents of schools, and charter schools, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law provides for a schedule of benefits under the Medi-Cal program, which includes pharmacist services, subject to approval by the federal Centers for Medicare and Medicaid Services. Under existing law, covered pharmacist services include, but are not limited to, furnishing travel medications, initiating and administering immunizations, providing tobacco cessation counseling, and furnishing nicotine replacement therapy. This bill would additionally provide that hypertension medication management services are a covered pharmacist service under the Medi-Cal program, as specified.