This measure would, among other things, honor the late civil rights pioneer and icon Reverend Dr. Martin Luther King, Jr. and commemorate Dr. Martin Luther King, Jr. Day.
Existing law requires a driver facing a steady circular red signal alone to stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and to remain stopped until an indication to proceed is shown, except as specified. A violation of this provision is an infraction punishable by a fine of $100. This bill would recast those provisions and make conforming changes. Existing law authorizes a governmental agency to install an automated traffic enforcement system, also referred to as a red light camera, at an intersection, limit line, or other place where a driver is required to stop. This bill would prohibit a local authority from issuing a fine or penalty for a turning violation by a driver facing a steady circular red signal alone, as specified, and recorded by an automated traffic enforcement system.
Existing law prohibits the buying or receiving of stolen property, as specified. Existing law prohibits the removal from a vehicle of any part without the consent of the owner. This bill would prohibit the purchase, sale, receipt, or possession of a stolen catalytic converter, as specified. The bill would specify that a peace officer need not have actual knowledge that the catalytic converter is stolen to establish probable cause for arrest, and that in a prosecution of the section, circumstantial evidence may be used to prove the stolen nature of the catalytic converter. By creating a new criminal offense, 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.
Existing law establishes that every taxpayer is entitled to be reimbursed for any reasonable fees and expenses related to a hearing before the State Board of Equalization if specified conditions are met. Existing law requires that any proposed award by the board pursuant to these provisions be made available as a public record for at least 10 days before the effective date of the award. This bill, instead, would require that any proposed award be made available as a public record at least 5 days before the effective date.
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 adopted in the case of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. These exemptions include services provided by a licensed manicurist, subject to the manicurist meeting specified conditions. Existing law makes this exemption for licensed manicurists inoperative on January 1, 2025. This bill would delete the January 1, 2025, inoperative date, thereby making licensed manicurists subject to this exemption indefinitely.
Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes the powers and responsibilities of the commission with regard to the regulation of development along the California coast. The act requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as provided. Under existing law, the Legislature finds and declares that sound and timely scientific recommendations are necessary for many coastal planning, conservation, and development decisions and that the commission should interact with members of the scientific and academic communities in the social, physical, and natural sciences so that the commission may receive technical advice and recommendations with regard to its decisionmaking, especially with regard to issues that include, among other specified issues, coastal erosion and geology, marine biodiversity, and wetland restoration. This bill would make a nonsubstantive change to the latter provision.
Existing law provides for certain personal rights by statute, including the right to protection from bodily restraint or harm, from personal insult, from defamation, and from injury to personal relations. Under this bill, known as the California Parents' Bill of Rights, the state would recognize certain rights, including, among others, the right of a parent or guardian to advise on the moral or religious training of their minor child. The bill would specify that the recognition of those rights does not preclude an employee of a local educational agency, as defined, from acting in the employee's official capacity within the scope of the employee's authority. Existing law provides a parent or guardian of a pupil enrolled in a public school the right to participate in the education of their children, as specified, including, among others, the right to observe their child's classroom within a reasonable period of time following a request therefor. This bill would require a charter school, school district, or county office of education to, among other things, provide parents and guardians with opportunities to participate in schools to improve parent and teacher cooperation in areas including homework, school attendance, and discipline. The bill would also require those local educational agencies to post on their respective internet website specified information, including how to receive information about school choice options offered by the local educational agency. By imposing additional 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.
(1) The Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of childcare and development services for children up to 13 years of age. Existing law requires the department to contract with local contracting agencies for alternative payment programs for childcare services to be provided throughout the state. Existing law requires the alternative payment program to reimburse childcare providers based upon specified criteria, including the actual days and hours of attendance for those families with variable schedules. This bill would instead require the alternative payment program to reimburse childcare providers based upon the maximum certified hours of need, as documented. (2) The act requires an alternative payment program to verify childcare provider rates no less frequently than once a year. The act requires the department to develop regulations for addressing discrepancies in the childcare provider rate levels identified through the rate verification process described above. This bill would delete these provisions. (3) The act authorizes a contractor to retain a reserve fund balance for alternative payment model and certificate childcare contracts, as provided. The act prohibits these funds from exceeding either 2% of the sum of the parts of each contract, as provided, or $1,000, whichever is greater. This bill would instead prohibit the funds from exceeding either 15% of the sum of the parts of each contract, as provided, or $1,000, whichever is greater. (4) Existing law, the Early Education Act, requires the Superintendent of Public Instruction, to, among other things, provide an inclusive and cost-effective preschool program. The Early Education Act and the Child Care and Development Services Act authorize alternative payment programs and providers operating or providing services under the acts to use digital signatures that comply with state and federal standards and authorize the use of digital forms to allow families to apply for services. This bill would instead authorize the use of electronic signatures and forms.
