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.
Sponsored bills
Existing federal law, the National Voter Registration Act of 1993, provides for state departments of motor vehicles to make available voter registration information and materials to applicants for driver's licenses and other vehicular documents. Existing law requires the Department of Motor Vehicles to include in any document mailed by the department offering a person the opportunity to register to vote pursuant to the National Voter Registration Act of 1993 a notice informing prospective voters that if they have not received voter registration information within 30 days of requesting it, they should contact their local elections office or the office of the Secretary of State. Existing law requires the department to provide to the Secretary of State the digitized signature of every person who registers to vote on the voter registration card provided by the department. Existing law further requires the department to provide the Secretary of State with change-of-address information for every voter who indicates that they desire to have their address changed for voter registration purposes. This bill would require the department to include on the prompt screen on a freestanding kiosk that provides voter registration options, an option a person may choose that reads, "I'm already registered. Please do not edit or change my current registration." If a person chooses that option, the bill would prohibit the department from providing any personal information of that person to the Secretary of State for voting purposes.
(1) Existing law regulates, except as specified, the use of pesticides and authorizes the Director of Pesticide Regulation to adopt regulations to govern the possession, sale, or use of any pesticide, as prescribed. Existing law requires the director, and each county agricultural commissioner under the direction and supervision of the director, to enforce the provisions regulating the use of pesticides. A person who violates these provisions is guilty of a misdemeanor and is subject to a specified fine, or imprisonment, or both that fine and imprisonment. Existing law prohibits the use of any pesticide that contains one or more of specified anticoagulants, including bromadiolone, in wildlife habitat areas, as defined. This bill would prohibit a person, business, or association from purchasing or selling bromadiolone on the internet, unless that person, business, or association is licensed or holds a permit to use or sell bromadiolone. (2) To the extent this bill would impose additional duties on county agricultural commissioners, and by expanding 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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.
Existing law, the Trial Jury Selection and Management Act, requires that persons selected for jury service be selected at random and from sources inclusive of a representative cross section of the population of the area served by the court, including, but not limited to, the list of registered voters. Existing law provides that if a jury commissioner requires a prospective juror to complete a questionnaire the information provided in the questionnaire shall be used solely for qualifying prospective jurors and the management of the jury system. Existing law requires the Secretary of State and county elections officials to post on their internet websites specified information on permissible uses of personal information supplied by a voter when completing a voter registration affidavit. This bill would require jury commissioners to share with the county elections official of the county information provided in prospective juror questionnaires for the purpose of the county elections official conducting voter roll maintenance activities, such as removing persons from the voter rolls who are deceased, admitted noncitizens, or otherwise ineligible to register to vote. The bill would require county elections officials to share with the jury commissioner of the county the current list of registered voters residing in the county for the jury commissioner's use in creating source lists for prospective jurors. The bill would make conforming changes to the information on permissible uses of personal information obtained from voter registration required to be posted by the Secretary of State and county elections officials on their internet websites. By expanding the duties of jury commissioners and county elections 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.
The Williamson Act, also known as the California Land Conservation Act of 1965, authorizes a city or county to enter into contracts with owners of land devoted to agricultural use, whereby the owners agree to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation. Existing law sets forth procedures for reimbursing cities and counties for property tax revenues not received as a result of these contracts and continuously appropriates General Fund moneys for that purpose. This bill, for the 2020–21 fiscal year, would appropriate an additional $40,000,000 from the General Fund to the Controller to make subvention payments to counties, as provided, in proportion to the losses incurred by those counties by reason of the reduction of assessed property taxes. The bill would make various findings in this regard.
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 expand the above-described exemptions to also include licensed geologists, geophysicists, land surveyors, contractors, engineers, and pest control operators, when those persons are performing work on forested landscapes, as specified.
Existing law requires the State Department of Health Care Services to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law also requires the department to implement a voluntary certification program for alcohol and other drug treatment recovery services. Existing law prohibits specified persons, programs, or entities from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services. Existing law authorizes the department to investigate allegations of violations of that prohibition and to impose sanctions for a violation, including assessing a penalty upon, or suspending or revoking the license of, a facility or the certification of a program. This bill would require a facility licensed or program certified by the department to disclose its license or certification number and the date that the license or certification is scheduled to expire, as applicable, in specified circumstances that include, among others, posting on its internet website and in any advertising or marketing in a clear and conspicuous manner. A violation of these disclosure requirements would be investigated and penalized in the same manner as described above.
Existing law, the California Uniform Controlled Substances Act (the act) , classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. The act classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale, specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Existing law also requires a local health officer to assume that the fentanyl manufacturing process has led to some degree of chemical contamination and take action, as prescribed, if a fentanyl laboratory activity has taken place at a property. Existing law establishes the Department of Justice under the direction and control of the Attorney General, and authorizes the Attorney General to, among other things, arrange and classify the work of the Department of Justice, and consolidate, abolish, or create divisions, bureaus, branches, sections, or units within the department. Existing law also authorizes the Attorney General, in conformity with the State Civil Service Act, to employ agents and other employees that are necessary for the conduct of the affairs of the Department of Justice in carrying out its responsibilities specified in the act. This bill would require the Attorney General to establish and chair the Southern California Fentanyl Task Force. The bill would require the task force to develop information, make recommendations, and report findings to the Department of Justice and to the Legislature regarding matters relating to the fentanyl crisis in southern California communities. The bill would establish the membership of the task force, as specified, and would require the task force to hold its first meeting no later than July 1, 2021, and 4 times annually thereafter, as specified. The bill would require the task force to prepare and submit to the Legislature and to the department, on or before January 1, 2024, a report regarding the findings and recommendations of the task force, including a request to the Legislature to enact legislation in accordance with the findings and recommendations of the report. The members of the task force would not receive compensation for their service. This bill would make legislative findings and declarations as to the necessity of a special statute for counties in southern California.
Existing law requires the Secretary of State to establish a statewide system to facilitate removal of duplicate or prior voter registrations, to facilitate the reporting of election results and voter and candidate information, and to otherwise administer and enhance election administration. Existing law also requires that certain affidavit of voter registration information be provided to, among others, any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the secretary. This bill would require the Secretary of State, beginning January 1, 2023, to enter into agreements to share information or data in the possession of the secretary or other state agencies, as deemed necessary by the secretary, with other states or groups of states in order to improve the accuracy of the statewide voter registration database, as specified, and would require all state agencies to timely provide the secretary with the requested information or data. The bill would require the Secretary of State to apply for membership with the Electronic Registration Information Center and ensure that any confidential information or data provided by another state or a state agency remains confidential while in the official's possession, and would authorize the secretary to transmit confidential information or data pursuant to those agreements. The bill would also authorize the Secretary of State to adopt regulations necessary to implement these provisions.