Sen. Ling Ling Chang

This measure would designate the interchange of Interstate 605 and Katella Avenue in the County of Orange as the United States Army Sergeant Thomas R. MacPherson Memorial Interchange. The measure would request the Department of Transportation to determine the cost for appropriate signs showing this special designation and, upon receiving donations from those nonstate sources covering that cost, to erect those signs.

Existing law, the California Emergency Services Act, among other things, requires the Office of Emergency Services to update the State Emergency Plan on or before January 1, 2019, and every 5 years thereafter. The act also requires the office, on or before July 31, 2015, to update the State Emergency Plan to include proposed best practices for local governments and nongovernmental entities to use to mobilize and evacuate people with access and functional needs during emergency or natural disasters. This bill would require the office, in the next update of the plan, to include the best practices provisions, described above. The bill would also require the office to develop and update annually, in coordination with organizations representing the access and functional needs population, as defined, a guidance document for local governments based, in part, on a review of recent emergency and natural disaster incidents and what did or did not go well in the response efforts. The bill would also require the office to post the guidance document, and its annual update, on the office internet website. The bill would require the office to review the emergency plans of all local governments to determine if they are consistent with the proposed best practices provisions and, upon request by a local government, provide necessary technical assistance to that local government.

Under existing law, a person who enters a house, room, apartment, or other specified structure, with intent to commit larceny or any felony, is guilty of burglary in the first or 2nd degree, as specified. Burglary in the first degree is punishable by imprisonment in the state prison for 2, 4, or 6 years, and burglary in the 2nd degree is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, or as a felony by imprisonment in a county jail for 16 months, or 2 or 3 years. This bill would prohibit a person from entering the curtilage of a residential dwelling, as defined, with the intent to commit theft of a package shipped through the mail or delivered by a public or private carrier. The bill would make a violation of that prohibition punishable as a misdemeanor by imprisonment in a county jail for a term not exceeding one year. For a 3rd or subsequent violation within a 36-month period, the bill would make the crime punishable as a misdemeanor by imprisonment in a county jail for a term not exceeding one year or as a felony by imprisonment in a county jail for 16 months, or 2 or 3 years. By creating a 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 no reimbursement is required by this act for a specified reason.

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 repeal these existing ABC test provisions and instead makes them operative on January 1, 2022.

Existing law, as established in the case of Dynamex Operations W. Inc. 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 purposes of specified wage orders. 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 commonly known as the "ABC" test. 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 Dynamex and these provisions. Existing law instead provides that these exempt relationships are governed by the test adopted in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. This bill would repeal these statutory provisions. The bill would, instead, establish a new test that, for purposes of specific provisions of the Labor Code governing the relationship of employer and employees, 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 (1) free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact, determined by a preponderance of factors, with no single factor of control being determinative, and either that (2) the person performs work that is outside the usual course of the hiring entity's business, or the work performed is outside the place of business of the hiring entity, or the worker is responsible for the costs of the place of the business where the work is performed, or that (3) the person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed. The bill would apply the new test to all pending claims, whether in civil court or as an administrative action, filed on or after January 1, 2018, that relate to the classification of workers in this state. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law establishes the California State Board of Pharmacy in the Department of Consumer Affairs and authorizes a county to establish a voluntary drug repository and distribution program for the purpose of distributing surplus medications through a surplus medication collection and distribution intermediary that is licensed by the California State Board of Pharmacy. Existing law authorizes the California State Board of Pharmacy to charge a fee in the amount of $300 to issue or renew a license to operate as a surplus medication collection and distribution intermediary. Existing law, the Medical Practice Act, governs the scope and practice of medicine. Existing law establishes in the Department of Consumer Affairs the Medical Board of California (the board) to exercise licensing, regulatory, and disciplinary functions with respect to the practice of medicine. A violation of the Medical Practice Act is a crime. Existing law establishes the Contingent Fund of the Medical Board of California and makes moneys in the fund available, upon appropriation by the Legislature for the use of the board for expenses incurred in implementing the act. This bill would establish a program for the collection and distribution of eligible unused cancer medications, to be known as the Cancer Medication Recycling Act. The bill would require each participating practitioner, as defined, in the collection and distribution of those medications to be registered with the board, as specified, and would require the board to create a registry for participating practitioners, including developing both a donor and a recipient form containing specified information. The bill would authorize the board to charge a fee, not to exceed $300, as specified, to issue or renew the registration certificate of a participating practitioner under the program. The fee would be deposited in the Contingent Fund of the Medical Board of California. The bill would exempt a participating practitioner from licensure as a wholesaler and would require the practitioner to keep and maintain for 3 years records created by the participating practitioner for purposes of the program. The bill would also exempt a donor and other specified persons and entities acting in good faith from criminal or civil liability for an injury caused when donating, accepting, or dispensing medication in compliance with the requirements of the act. The bill would also exempt a participating practitioner acting in good faith that receives a donated medication and redistributes it from a specified penalty resulting from the condition of the donated medication, except as specified. Because a violation of the requirements of the bill contained in the Medical Practice Act 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.

The Personal Income Tax Law imposes a tax on individual taxpayers measured by the taxpayer's taxable income for the taxable year, but excludes certain items of income from the computation of tax, including an exclusion for combat-related special compensation. This bill, for taxable years beginning on or after January 1, 2021, and before January 1, 2031, would exclude from gross income specified amounts of retirement pay received by a taxpayer from the federal government for service performed in the uniformed services, as defined, during the taxable year. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure with achieve, detailed performance indicators, and data collection requirements. The bill also would include additional information required for any bill authorizing a new income tax credit. This bill would take effect immediately as a tax levy.

(1) The California State Lottery Act of 1984, an initiative measure approved by the voters at the November 6, 1984, statewide general election, authorizes a California State Lottery and provides for its operation and administration by the California State Lottery Commission and the Director of the California State Lottery, with certain limitations. The act establishes the State Lottery Fund as a continuously appropriated fund for carrying out the purposes of the act. The act requires that revenues of the California State Lottery be allocated so as to maximize the amount of funding allocated to public education. This bill would express legislative findings and declarations that the California State Lottery failed to provide certain funding to public education that was required by law, and would express legislative intent to appropriate that funding. This bill would amend the California State Lottery Act to specify that revenues of the California State Lottery are to be allocated so as to ensure that the relationship between increases in the net revenue of the California State Lottery and increases in funding allocated to public education is directly proportional. The bill would appropriate $36,000,000 from the State Lottery Fund to the Controller for allocation to public education in order to cover the shortfall in allocations from the State Lottery Fund for this purpose for the 2017–18 fiscal year. (2) The California State Lottery Act of 1984 provides that its provisions may not be changed except to further its purpose by a bill passed by a 23 vote of each house of the Legislature and signed by the Governor. This bill would declare that its provisions further the purposes of the act.

(1) Existing law makes it a crime for a person to willfully and lewdly expose their private parts in a public place where there are other persons are present who may be offended or annoyed. This bill would make it a crime for a person to knowingly send an unsolicited image by electronic means depicting any person engaging in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or masturbation or depicting the exposed genitals or anus of any person. The bill would make the crime punishable as an infraction by a fine of $500 for a first offense and $1,000 for a 2nd or subsequent offense. By creating a new crime, this bill would impose a state-mandated local crime. (2) Existing law creates a private cause of action against a person who intentionally distributes material that exposes an intimate body part of another person or shows that other person engaging in sexual conduct if the person knew that the other person had a reasonable expectation that the material would remain private. This bill would create a private cause of action against a person who knowingly sends an unsolicited image by electronic means depicting any person engaging in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or masturbation or depicting the exposed genitals or anus of any person. The bill would entitle the plaintiff to recover economic and noneconomic damages or statutory damages of a sum not less than $1,500 but not more than $30,000, as well as punitive damages, reasonable attorney's fees and costs, and other available relief, including injunctive relief. 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 California State Lottery Act of 1984 authorizes a California State Lottery and provides for its operation and administration by the California State Lottery Commission and the Director of the California State Lottery. Existing law requires that not less than 87% of the total annual revenues of the state lottery be returned to the public in the form of prizes and net revenues to benefit public education, as specified, and requires at least 50% of annual lottery revenues to be returned to the public in the form of prizes. Existing law, to become operative following notification from the Controller to the Legislature and the Governor that certain events have occurred, changes the revenue allocation formula so that not less than 84% of the total annual revenues of the state lottery be returned to the public in the form of prizes and net revenues to benefit public education, as specified, and requires 50% of the total annual revenues to be returned to the public in the form of prizes. This bill would require the director, on or before August 1, 2021, to conduct a study to determine the optimal prize payout rate to maximize the amount of funding allocated to public education each year by the lottery and would require the director to recalculate the optimal prize payout rate at least once every five years. The bill would require the commission, commencing with the 2022–23 fiscal year, and consistent with the above formula, to use the optimal prize payout rate to set the lottery's budget each fiscal year. Existing law requires the director, after the first full year of lottery ticket sales to the public, and from time to time thereafter, to engage an independent firm experienced in the analysis of advertising, promotion, public relations, incentives, and other aspects of communications to conduct a special study of the effectiveness of those communication activities and make recommendations to the commission on the future conduct and future rate of expenditure for those activities. This bill would require the director to annually demonstrate and document a positive return on investment for any advertising programs that award free tickets to the public, as specified. Existing law authorizes the director to purchase or lease goods and services as are necessary for effectuating the purposes of the lottery act. Existing law requires the commission to adopt and publish competitive bidding procedures for the award of any procurement or contract involving an expenditure of more than $100,000. This bill would require the commission, on or before August 1, 2021, to develop procurement procedures that explain how the commission determines which contracts for goods and services are exempt from competitive bidding and to make the procedures publicly available on its internet website.