Sen. Janet Nguyen

Existing law requires, in the administration of the Diesel Fuel Tax Law, that certain procedures be followed with regard to appeals staff review conferences, as provided. Those procedures include, but are not limited to, conferences being held at a reasonable time at an office that is convenient to the taxpayer, and the taxpayer being informed prior to a conference of their right to have their attorney, accountant, or other designated agent present. This bill would allow a conference to be held remotely or virtually, meaning without the taxpayer's physical presence at an office, if agreed to by both parties.

Existing law gives control of the state park system to the Department of Parks and Recreation, and requires the Director of Parks and Recreation to promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife for the enjoyment of future generations. Existing law authorizes the department to collect fees, rents, and other returns for use of any state park system area, as provided. Existing law prohibits the department from collecting from any group of pupils in kindergarten or grades 1 to 12, inclusive, or their escorts, any fee, rental, or other return for use of any unit in the state park system when the group is visiting the area pursuant to a school outing or field trip under the direction of a school personnel, as provided. This bill would require the department to waive the day use entrance fees to a unit of the state park system for any child in the 4th grade, or the 4th grade equivalent, who holds a valid federally issued "Every Kid Outdoors" pass, as provided. The bill would require the department to post on its internet website information on how to obtain the federal "Every Kid Outdoors" pass, including a hyperlink to the federal program establishing the pass.

The Sales and Use Tax Law, administered and enforced by the California Department of Tax and Fee Administration, requires the department to perform annually a systematic identification of areas of recurrent taxpayer noncompliance and to report these findings in its specified annual report to the Governor. Existing law requires the department, in order to prepare the report, to conduct an annual hearing where taxpayers are allowed to present their proposals on changes to the Sales and Use Tax Law. This bill would require the department to ensure participation in the annual hearing may be virtual or remote.

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, 2022. This bill would delete the January 1, 2022, inoperative date, thereby making licensed manicurists subject to this exemption indefinitely.

Existing law defines the crime of burglary to include entering a vehicle when the doors are locked with the intent to commit grand or petit larceny or a felony. Existing law makes the burglary of a vehicle punishable as a misdemeanor or a felony. Existing law prohibits the theft of a vehicle, as specified. Existing law makes the theft of a vehicle punishable as a misdemeanor or felony. This bill would require the Board of State and Community Corrections to administer grants to law enforcement agencies that participate in regional vehicle burglary and theft reduction joint task forces. The bill would make law enforcement agencies in specified counties eligible to participate in the regional task forces. The bill would require participating law enforcement agencies in each region to form a joint task force coordination council consisting of a representative of the Department of the California Highway Patrol and the sheriff or chief of police, or their representatives, of each participating law enforcement agency. The bill would require the board to distribute funding to the task forces, and require those funds to be expended with the goal of reducing vehicle burglary and theft, identifying suspects engaged in vehicle burglary and theft, identifying interregional movement of vehicle burglary and theft offenders, coordinating joint vehicle burglary and theft enforcement efforts, and promoting law enforcement training and best practices to reduce the incidence of vehicle burglary and theft. The bill would additionally require the lead agency of each task force to report to the board specified information relating to the crimes of vehicle burglary and theft in the jurisdictions participating in the task force. The bill would require the board to compile those statistics and, on or after January 1 of the year subsequent to the receipt of those reports, and annually thereafter, to report this information to the Legislature and the Governor and post the information on the board's internet website. The bill would require these provisions to be implemented only to the extent that funding is appropriated for these purposes, as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Contra Costa, Los Angeles, Orange, San Bernardino, San Diego, San Mateo, Santa Clara, Riverside, and Ventura, and the City and County of San Francisco.

Existing law provides for unemployment compensation benefits to eligible persons who are unemployed through no fault of their own. These provisions are generally administered by the Employment Development Department. Existing law requires unemployment compensation benefits that are directly deposited to an account of the recipient's choice to be deposited to a qualifying account. Existing law defines "qualifying account" for these purposes to mean a demand deposit or savings account at an insured financial institution in the name of the person entitled to receipt of public assistance payments or a prepaid card account that meets certain requirements, including that the prepaid card account may not be attached to any credit or overdraft feature that is automatically repaid from the account after delivery of the payment. This bill would, by July 1, 2021, provide that the recipient of the unemployment compensation benefits has the right to choose whether the benefits payments are directly deposited into a qualifying account or applied to a prepaid debit card. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, the California Suicide Prevention Act of 2000, allows the State Department of Health Care Services, contingent upon appropriation, to establish and implement a suicide prevention, education, and gatekeeper training program to reduce the severity, duration, and incidence of suicidal behaviors. Existing law authorizes the State Department of Public Health to establish the Office of Suicide Prevention to, among other things, convene experts and stakeholders, including, but not limited to, stakeholders representing populations with high rates of suicide, to encourage collaboration and coordination of resources for suicide prevention. This bill would require the department to establish an Ending Military Suicide Task Force to systematically reduce military suicides and to develop a plan to eliminate all military suicides in the state, as specified. Commencing June 1, 2023, the bill would require the task force to submit a specified report to the Governor and the Legislature on the state of veteran suicide prevention, as specified, including, among other things, an analysis of the plans, activities, strategies, and programs undertaken pursuant to the task force's recommendations and their effects on reducing military suicides in the state.

The Personal Income Tax Law allows various credits against the taxes imposed by that law. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2022, and before January 1, 2027, in an amount equal to the amount of sales tax collected from a qualified taxpayer during the first week of August of the taxable year for purchases of back-to-school items, as defined, not to exceed $2,500 per taxable year per household. The bill would define qualified taxpayer as a parent with a schoolchild, a student attending a postsecondary institution, or an educator. The bill would require a qualified taxpayer to have a household income at the time of filing that is at or below the federal poverty threshold, except as otherwise specified. The bill would require the Franchise Tax Board to submit a report by January 1, 2026, to the Legislature on the amount of credits used by qualified taxpayers, and would provide findings and declarations relating to the goals of this credit. Existing law establishes the continuously appropriated Tax Relief and Refund Account and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account, including any amount to be paid as an earned income tax credit in excess of any tax liabilities. This bill would require the amount of the credit exceeding the taxpayer's liability to be credited against other amounts due, if any, and would require the balance to be paid from the Tax Relief and Refund Account and refunded to the taxpayer. By authorizing new payments from that account for additional amounts in excess of personal income tax liabilities, this bill would make an appropriation.

Existing law authorizes the Employment Development Department (department) to administer the federal-state unemployment insurance program and provides for the payment of unemployment compensation benefits to eligible individuals who are unemployed through no fault of their own. Existing law establishes procedures for the filing, determination, and payment of benefit claims, and those benefits are payable from the Unemployment Fund. Existing law requires the department to promptly pay benefits if it finds the claimant is eligible and to promptly deny benefits if it finds the claimant is ineligible for benefits. Existing law requires the department to consider facts submitted by an employer in making this determination and also provides for the department to audit claims, as specified. This bill would, beginning July 1, 2021, require the department, as part of its process for determining eligibility for unemployment insurance benefits, cross-check all claimant information with state and county correctional facility inmate data in an effort to detect fraudulent applications. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law establishes the Employment Development Department, administered by the Director of Employment Development, within the Labor and Workforce Development Agency and sets forth its powers and duties related to the administration of the state unemployment and disability compensation programs. This bill would require the department to establish, upon appropriation by the Legislature, an advisory committee to advise the department on matters within the department's jurisdiction, including, but not limited to, unemployment insurance. The bill would require the committee to include members representing a diverse spectrum of private and public employers and employees impacted by programs overseen by the department, as provided. The bill would require the committee to hold open and public meetings in compliance with the Bagley-Keene Open Meeting Act at least once a quarter. The bill would require, commencing on January 1, 2023, the committee to prepare and publicly publish an annual report describing its activities, including, but not limited to, recommendations made by the advisory committee and the department's response to those recommendations. The bill would also make related findings and declarations.