Existing law, as amended by Proposition 21, adopted March 7, 2000, and by Proposition 83, adopted November 7, 2006, classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Existing law imposes an additional one-year term for a felony and a 3-year term for a violent felony for each prior separate prison term served for a violent felony. The Legislature may amend the above-specified initiative statutes by a statute passed in each house by a 23 vote. This bill would additionally define as violent felonies rape, sodomy, penetration with a foreign object, or oral copulation, if the victim was unconscious, if the victim was incapable of giving consent due to intoxication, if the victim was incapable of giving legal consent because of a mental disorder or developmental or physical disability, if the victim submitted to the act under the belief that the person committing the act was someone known to the victim other than the accused, or if the act was accomplished against the victim's will by threatening to use the authority of a public official for purposes of the above-specified sentencing enhancements. By changing the definition of a 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.
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The Corporation Tax Law imposes upon a corporation doing business in this state, for the privilege of exercising its corporate franchises within this state, a tax according to or measured by its net income for that taxable year, but not less than the minimum franchise tax of $800, as specified. This bill, for taxable years beginning on and after January 1, 2020, would repeal the minimum franchise tax imposed upon a corporation doing business in the state. This bill would take effect immediately as a tax levy.
This measure would designate the week of February 24, 2020, to March 1, 2020, as Eating Disorders Awareness Week.
Existing law requires the Secretary of State and the Department of Motor Vehicles to establish the California New Motor Voter Program. Under the program, the Department of Motor Vehicles is required to provide to the Secretary of State specified information associated with each person who submits an application for a driver's license or identification card, and additionally to report to the Secretary of State that an applicant has attested that the applicant meets the voter preregistration requirements for a person who is at least 16 years of age and otherwise meets all voter eligibility requirements. The prescribed information submitted by the department to the Secretary of State constitutes a completed or submitted affidavit of registration, and the Secretary is required to register or preregister the person to vote, unless the person affirmatively declines to register to vote during a transaction with the department, the department does not represent to the Secretary of State that the person attested that the person meets all voter eligibility requirements, or the Secretary of State determines that the person is ineligible to vote. This bill would instead require a person to affirmatively agree to become registered or preregistered to vote during a transaction with the department before the Secretary registers or preregisters that person, and it would make other conforming changes.
Existing law requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. Under the ABC test, 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. 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 established in the case of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. This bill would, until January 1, 2021, prohibit the application of the ABC test to determine the liability of a hiring entity for damages, injunctive relief, or civil penalties based upon the classification of workers as independent contractors, and instead would require that employer liability to be based upon the multifactor test set forth in the case of Borello. The bill would provide that its provisions apply retroactively, as specified.
Existing law authorizes a vote by mail voter who is unable to return a vote by mail ballot to designate another person to return the ballot. Existing law prohibits a person designated to return a vote by mail ballot from receiving any form of compensation based on the number of ballots that the person returns. This bill would expand that prohibition to include any form of compensation related to the return of the ballot, including compensation based on the number of ballots the designated person collects and returns or compensation based on the time spent in the course of employment collecting and returning ballots. The bill would require a person designated to return a vote by mail ballot for a person other than the designated person's spouse, child, parent, grandparent, grandchild, sibling, or a person residing in the same household as the designated person to offer a receipt containing specified identifying information to the person for whom the ballot is being returned.
Existing law, the Rechargeable Battery Recycling Act of 2006, requires a retailer, as defined, to have in place a system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal. Existing law requires the system for the acceptance and collection of used rechargeable batteries to include, at a minimum, specified elements, including, among others, the take-back of a used rechargeable battery of the type or brand that the retailer sold or previously sold at no cost to the consumer. Existing law requires the Department of Toxic Substances Control, by each July 1, to survey, as specified, battery handling or battery recycling facilities, and to post on its internet website the estimated amount, by weight, of each type of rechargeable batteries returned for recycling during the previous calendar year. This bill would authorize the department to include on its internet website the prior years' previously posted information of the estimated amount, by weight, of each type of rechargeable batteries returned for recycling.
This measure would declare March 5, 2020, as Family Justice Center Day in California and would recognize the lifesaving and hope-giving work of the California Family Justice Center Network and its member Family Justice Centers as they work with rape crisis centers, domestic violence shelters, human trafficking agencies, prosecutors' offices, law enforcement agencies, and other professionals and community-based organizations to ensure that adult and child survivors of trauma can access all of their services in one setting.