Sen. Lola Smallwood-Cuevas

Existing law authorizes the Department of Corrections and Rehabilitation to maintain canteens at its facilities, as specified. Existing law requires the sale prices of the articles offered for sale to be fixed by the Director of Corrections at the amounts that will, as far as possible, render each canteen self-supporting. This bill would instead require the department to maintain a canteen at its active facilities, as specified. The bill would, until January 1, 2028, prohibit the sale prices of the articles offered for sale from exceeding a 35% markup above the price of the articles paid to the vendors. The bill would, commencing on January 1, 2028, require the sale amounts of the articles to be offered for sale to be fixed by the secretary at amounts that will render each canteen self-supporting.

Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of federal, state, and county funds, each county provides cash assistance and other benefits to qualified low-income families. Under the CalWORKs program, as a condition of eligibility for aid, recipients are required to participate in certain welfare-to-work activities, except for specified individuals, including, among others, individuals under 16 years of age and recipients who are pregnant. Existing law requires that a recipient be excused from participation for good cause if the county has determined that there is a condition or other circumstance that temporarily prevents or significantly impairs the recipient's ability to be regularly employed or to participate in welfare-to-work activities. Existing law requires the county human services agency to review the good cause determination for its continuing appropriateness in accordance with the projected length of the condition, or circumstance, but not less than every 3 months. Under existing law, conditions that may be considered good cause include, but are not limited to, lack of necessary supportive services, licensed or license-exempt childcare for a child 10 years of age or younger is not reasonably available during the individual's hours of training or employment, arrangements for childcare have broken down or have been interrupted, or childcare is needed for a child who meets specified criteria. Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance. This bill would add denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of conditions that may be considered good cause for excuse from participation in welfare-to-work activities. Existing law prohibits the application of sanctions for a failure or refusal to comply with CalWORKs program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment. Under existing law, those reasons include, among others, that the employment-related circumstance involves conditions that are in violation of applicable health and safety standards or it discriminates on any of specified protected characteristics. This bill would add to those reasons the circumstance of the recipient requiring pregnancy- or parenting-related accommodations covered under Title IX, or other specified laws, and not having received adequate accommodations. The bill would make a change to a related provision under existing law concerning a stakeholder workgroup. Under existing law, a parent or caretaker relative is not eligible for CalWORKs aid when the parent or caretaker has received aid for a cumulative total of 48 months. Existing law increases that time limit to 60 months on May 1, 2022, or upon a specified notification to the Legislature from the State Department of Social Services. Existing law provides that all months of aid received under the CalWORKs program apply toward those time limits, except when certain conditions apply, or as otherwise specified by law. Existing law establishes the Cal-Learn Program, which requires certain CalWORKs recipients who are under 19 years of age and are pregnant or custodial parents to participate in the program until the participant earns a high school diploma or its equivalent. Existing law requires counties to arrange for the provision of education and supportive services that teenage parents need to successfully participate in the Cal-Learn Program. Existing law requires a county to exempt a teenage parent from the Cal-Learn Program if specified conditions occur, including, but not limited to, if the teenage parent is expelled from school, childcare is necessary and unavailable, or the teenage parent has a verified illness, injury, or incapacity, as specified. Existing law generally excludes months when a CalWORKs recipient is eligible for, participating in, or exempt from the Cal-Learn Program from the limit on cumulative total months of CalWORKs aid. Existing law does not limit the amount of time a teenage parent may participate in the initial education components of the Cal-Learn Program in order to obtain a high school diploma or its equivalent. Existing law also authorizes a teen who begins participation in the program before 19 years of age to continue to receive intensive case management services after 19 years of age, until the individual earns a high school diploma or its equivalent. This bill would revise references of "teenage parent" in some provisions of the Cal-Learn Program to refer instead to "teen." The bill would require the county to exempt a teen from the program when the teen is in a situation or a crisis that is destabilizing their family, as specified. The bill would make all exemptions subject to annual redetermination. The bill would specifically exclude all months in which a teen participates in the initial education components of the Cal-Learn Program and months the individual continues to receive intensive case management services after 19 years of age from being counted toward their cumulative total months of CalWORKs aid. Existing law requires a participant in the Cal-Learn Program who maintains satisfactory progress in school to receive a $100 supplement to the amount of cash aid paid to the participant, as specified, as well as a $500 supplement for a participant who successfully completes high school or a California high school equivalency examination. Under existing law, if a participant fails to demonstrate that they have made adequate progress in school, as prescribed, the participant is subject to a $100 sanction from the amount of cash aid that the participant would otherwise be paid. Existing law requires the case manager of a participant who fails or refuses to comply with Cal-Learn Program requirements without good cause to inform the client of the consequences of nonparticipation and provide the participant with specified contact information for the local welfare rights organization or legal aid society for further assistance. This bill would delete those sanctions and related case manager duties for noncompliance in the Cal-Learn Program. The bill would delete a provision requiring the supplement to be paid to the assistance unit of which the teen is a member under a specified timeline. By increasing the duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of implementing these provisions. 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, the Menstrual Equity for All Act of 2021, requires a public school, as provided, maintaining any combination of classes from grades 6 to 12, inclusive, to stock the school's restrooms with an adequate supply of free menstrual products, as defined, available and accessible, free of cost, in all women's restrooms and all-gender restrooms, and in at least one men's restroom, at all times, and to post a certain notice, on or before the start of the 2022–23 school year, as prescribed. This bill would extend these requirements, commencing on or before the start of the 2024–25 school year, to instead apply to public schools maintaining any combination of classes from grades 3 to 12, inclusive. By imposing new duties on local educational agencies, 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 prohibits a local agency from authorizing or requiring the imposition of a penalty against a resident, owner, tenant, landlord, or other person as a consequence of law enforcement or emergency assistance being summoned by certain individuals, including a victim of abuse or crime, as specified. This bill would prohibit a local government from, among other things, imposing a penalty against a resident, owner, tenant, landlord, or other person as a consequence of contact with a law enforcement agency, as specified. The bill similarly would prohibit a local government from requiring or encouraging a landlord to evict or penalize a tenant because of the tenant's association with another tenant or household member who has had contact with a law enforcement agency or has a criminal conviction or to perform a criminal background check of a tenant or a prospective tenant. The bill would preempt inconsistent local ordinances, rules, policies, programs, or regulations and prescribe remedies for violations. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Existing law provides for the licensure and regulation of clinics, including primary care clinics and specialty clinics, by the State Department of Public Health. A violation of these provisions is a crime. Existing law excludes certain facilities from those provisions, including a clinic that is operated by a primary care community or free clinic and that is operated on separate premises from the licensed clinic and is only open for limited services of no more than 40 hours a week, also referred to as an intermittent clinic. Existing law imposes various reporting requirements on clinics, including requiring a clinic to provide a verified report to the Department of Health Care Access and Information including information relating to the previous calendar year, such as the number of patients served and specified descriptive information, medical and other health services provided, total clinic operating expenses, and gross patient charges by payer category. Existing law specifies that the reporting requirements apply to all primary care clinics. Existing law requires the Department of Health Care Access and Information to be the single state agency designated to collect certain health facility or clinic data for use by all state agencies, as prescribed. Commencing January 1, 2027, this bill would repeal and recast these reporting requirements, including, but not limited to, extending their application to intermittent clinics operated by licensed clinics. The bill would establish specific reporting requirements for specialty clinics, as defined. The bill would require an organization that operates, conducts, owns, or maintains a primary care clinic or intermittent clinic, and its officers, to file specified reports with the Department of Health Care Access and Information for every primary care clinic and every intermittent clinic that it operates, conducts, owns, or maintains, on or before the 15th day of February each year, including, but not limited to, a report of all mergers and acquisitions, a detailed labor report, and a report of quality and equity measures. The bill would require the department to adopt regulations necessary to implement these reporting requirements and to require the first annual reports to be submitted on or before February 15, 2028, using information relating to the calendar year beginning January 1, 2027. Because a violation of certain provisions of the bill by a primary care clinic or intermittent clinic would be a 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 no reimbursement is required by this act for a specified reason.

Existing law generally entitles a state employee to be given time off with pay for specified holidays and entitles a state employee to one personal holiday per fiscal year. Existing law authorizes the department head or designee to require the employee to provide 5 working days' advance notice before a personal holiday is taken, to deny use subject to operational needs, and to provide by rule for the granting of the personal holiday for employees. Existing law authorizes a state employee to elect to receive 8 hours of holiday credit for certain holidays in lieu of receiving 8 hours of personal holiday credit, as specified. This bill would authorize an employee to elect to receive 8 hours of holiday credit for observance of a holiday or ceremony of the state employee's religion, culture, or heritage in lieu of receiving 8 hours of personal holiday credit. Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system. Existing law, the Ralph C. Dills Act, grants state employees the right to form and join employee organizations for the purpose of representation of all matters of employer-employee relations. Existing law establishes procedures by which an agreement in the form of a written memorandum of understanding may be reached between the Governor and the recognized employee organization, and presented, as appropriate, to the Legislature for determination. This bill would apply its provisions to a bargaining unit only after the bargaining unit meets and confers with the Department of Human Resources in the ordinary process and timeline for negotiating and renegotiating the bargaining unit's collective bargaining agreement, as specified.

Prior state law established the Healthy California for All Commission for the purpose of developing a plan towards the goal of achieving a health care delivery system in California that provides coverage and access through a unified health care financing system for all Californians, including, among other options, a single-payer financing system. This bill would direct the Secretary of the California Health and Human Services Agency to research, develop, and pursue discussions of a waiver framework in consultation with the federal government with the objective of a health care system that incorporates specified features and objectives, including, among others, a comprehensive package of medical, behavioral health, pharmaceutical, dental, and vision benefits, and the absence of cost sharing for essential services and treatments. The bill would further require the secretary to engage specified stakeholders to provide input on topics related to discussions with the federal government and key design issues, as specified. The bill would require the secretary, no later than January 1, 2025, to provide an interim report to specified committees of the Legislature and propose statutory language to the chairs of those committees authorizing the development and submission of applications to the federal government for waivers necessary to implement a unified health care financing system. The bill would require the secretary, no later than June 1, 2025, to complete drafting the waiver framework, make the draft available to the public on the agency's internet website, and hold a 45-day public comment period thereafter. The bill would require the secretary, no later than November 1, 2025, to provide the Legislature and the Governor with a report that communicates the finalized waiver framework, as specified, and sets forth the specific elements to be included in a formal waiver application to establish a unified health care financing system, as specified. The bill would also include findings and declarations of the Legislature related to the implementation of a unified health care financing system.

Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications and to classify those employees and positions, and requires that they be known as the classified service. This bill would require the State Department of Education, in consultation with the Division of Occupational Safety and Health, the Department of Industrial Relations, the Labor Commissioner, representatives of employee organizations, and representatives of voluntary local educational agencies, as defined, to convene the Classified Employee Staffing Ratio Workgroup on or before December 31, 2024. The bill would require the workgroup to group classified assignments in a manner that reflects the environmental setting of the assignment, the type of work to be completed, the impact on the assignment made by enrollment at a schoolsite, specialized needs, including certifications or licenses, and other reasonable factors, as specified, and to recommend staffing ratios per grouping, as specified. The bill would require the workgroup to report its recommendations to the Legislature on or before December 31, 2025, as specified. The bill would become operative on July 1, 2024.

Existing law, the Ralph C. Dills Act (Dills Act) , governs collective bargaining between the state and recognized state public employee organizations. Existing law excludes certain employees from coverage under the Dills Act, including, among others, managerial employees, supervisory employees, and confidential employees, as defined. Existing law creates the Public Employment Relations Board and authorizes it, among other things, to determine appropriate state employee bargaining units, as specified. This bill would enact the Legislature Employer-Employee Relations Act, to provide employees of the Legislature, except certain specified categories of excluded employees, the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. The bill would prescribe rights, duties, and prohibitions in this context that parallel those in the Dills Act. For the purposes of bargaining or meeting and conferring in good faith, the bill would define "employer" to mean the Assembly Committee on Rules or the Senate Committee on Rules. The bill would require the employer to meet and confer with representatives of recognized employee organizations regarding matters within the scope of representation. The bill would exclude certain matters from the scope of representation, as specified. The bill would grant exclusive jurisdiction to the Public Employment Relations Board to make an initial determination as to whether charges of unfair practices are justified, and, if so, the necessary remedy, as specified. However, the bill would prohibit the board from issuing a decision or order that intrudes upon or interferes with the Legislature's core function of efficient and effective lawmaking or the essential operation of the Legislature. The bill would require the board to determine appropriate bargaining units, and would prohibit the board from including employees in a bargaining unit that includes employees other than those of the employer. The bill would prohibit the board from including within a bargaining unit employees from both the Assembly and Senate. This bill would make it a misdemeanor for any person to willfully resist, prevent, impede, or interfere with any member of the board, or any of its agents, in the performance of duties pursuant to its provisions. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would provide that the provisions of the Legislature Employer-Employee Relations Act are severable. The bill would become operative on July 1, 2026. 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 additionally exempt from public inspection records related to activities governed by the Legislature Employer-Employee Relations Act that reveal the employer's deliberative processes, impressions, evaluations, opinions, recommendations, meeting minutes, research, work product, theories, or strategy, or that provide instruction, advice, or training to employees who do not have full collective bargaining and representation rights under the Legislature Employer-Employee Relations Act. 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 deems the month of May to be Labor History Month throughout the public schools, and encourages school districts to commemorate that month with appropriate educational exercises that make pupils aware of the role the labor movement has played in shaping California and the United States. This bill would require the week of each year that includes April 28 to be known as "Workplace Readiness Week." The bill would require all public high schools, including charter schools, to annually observe that week by providing information to pupils on their rights as workers, and would specify the topics to be covered. The bill would require the observances to be integrated into the regular school program in grades 11 and 12, consistent with the history-social science framework. By imposing additional duties on public school officials, the bill would impose a state-mandated local program. The bill would require the Superintendent of Public Instruction to annually send a written notice to every public high school, including charter schools, with certain information relating to Workplace Readiness Week, as provided. Existing law authorizes specific school administrators to issue a work permit to pupils subject to specific requirements, including requiring certain information to be included on the work permit. This bill would require, beginning August 1, 2024, any minor seeking the signature of a verifying authority on a Statement of Intent to Employ a Minor and Request for a Work Permit-Certificate of Age to be issued, before or at the time of receiving the signature of the verifying authority, a document clearly explaining basic labor rights extended to workers, as provided. The bill would encourage the University of California Berkeley Center for Labor Research and Education to produce, with input from bona fide labor organizations, a draft template for the document to be provided to minors, including translations into languages other than English, as specified. The bill would require the document to express those labor rights in plain, natural terminology easily understood by the pupil. The bill would require the document, in English, to be in a physical form and include a Uniform Resource Locator for, and a quick response code linked to, an internet website with electronic versions of the document, including any translated versions of the document, produced by the University of California Berkeley Center for Labor Research and Education. To the extent these requirements would impose additional duties on public school officials, 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.