Existing law generally authorizes local agencies to issue bonds and distinguishes between different types of bonds for this purpose. Existing law regulates the issuance of refunding bonds by a local agency, which are issued for the purpose of refunding other indebtedness, as specified. The California Constitution prohibits a county, city, town, township, board of education, or school district from incurring a debt or liability in any manner or for any purpose exceeding in any year the income and revenue provided for the year, without approval by 23 of the voters of the public entity voting at an election to be held for that purpose, except for certain debts issued for public schools, as specified. Existing case law has qualified this prohibition by creating certain exceptions that have been judicially deemed not to implicate it, including for revenue bonds and for obligations imposed by law. The California Constitution generally authorizes the Legislature to provide maximum property tax rates and bonding limits for local governments. Existing law authorizes a local agency that intends to issue refunding bonds to do so without submitting the question of the issuance to a vote of the qualified electors of the local agency. This bill would require that refunding bonds to be used to refund pension obligation bonds with specified characteristics be approved by 55 percent of the voters of the local agency voting on the proposition that authorizes the indebtedness. The bill would apply this requirement to bonds issued on or after January 1, 2021, for the purpose of refunding pension obligations, and the bonds to be refunded have a maturity date of more than 36 months after the date the bonds are issued. Existing law requires a legislative body of a local agency that determines to issue refunding bonds to adopt a resolution providing for the issuance of the bonds and prescribes the required elements of the resolution. This bill would require, for refunding bonds to be issued for purposes of refunding specified pension obligation bonds, that the above-described resolution be available on the internet website of the legislative body for 30 consecutive days prior to the issuance of the bonds. The bill would also generally prohibit a resolution providing for the issuance of refunding bonds from being placed on the consent calendar of a public hearing. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. 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.
Sponsored bills
Existing law, the Alcoholic Beverage Control Act, authorizes distilled spirits tastings to be conducted by a distilled spirits manufacturer's licensee or a craft distiller's licensee on the licensee's premises if (1) the total volume of tastings does not exceed 1½ ounces per individual per day, (2) the tastings only include the products authorized to be produced or bottled by or for the licensee, and (3) no person under 21 years of age serves tastes of distilled spirits. This bill would permit tastings to include an alcohol not produced or bottled by or for the licensee if the alcohol is used as a modifier in a cocktail and is purchased from a licensed wholesaler. Existing law authorizes a licensed craft distiller to sell all beers, wines, brandies, or distilled spirits to consumers for consumption on the premises in a bona fide public eating place, as defined, and permits beer, wine, and brandy to be used in the preparation of food and beverages, as provided. This bill would additionally permit distilled spirits to be used in the preparation of food and beverages. Existing law makes it a misdemeanor for a person to sell at retail any potable spirituous liquor product labeled as whiskey, including blended whiskey and blends of straight whiskeys, except products containing 20% or more of straight whiskey or whiskeys that have been aged in charred oak containers for 3 or more years after distillation and before bottling, except as provided. This bill would repeal that provision.
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 procedure for alcohol and other drug treatment recovery services. Existing law requires a program licensed or certified by the department to disclose ownership or control of, or financial interest in, a recovery residence. Existing law defines a recovery residence for this purpose to include a residential dwelling commonly referred to as a sober living home. This bill would require a recovery residence to have at least one fire extinguisher and smoke alarms within specified areas of the recovery residence.
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 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.
Existing law requires the governing board of a school district, before the sale, lease, or rental of excess real property, except rentals not exceeding 30 days, to appoint an advisory committee to advise the governing board in the development of districtwide policies and procedures governing the use or disposition of school buildings or space in school buildings that is not needed for school purposes. Notwithstanding that law, existing law authorizes the governing board of a school district to elect not to appoint an advisory committee in specified circumstances. This bill would also authorize the governing board of a school district to elect not to appoint an advisory committee if the school district sells a nonschool site, as defined, leases real property for a period that does not exceed 5 years if the school district will have declining enrollment over the term of the lease, or exchanges real property.
Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed. Under the act, if a person, as a result of a mental health disorder, is a danger to others, or to themselves, or is gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Social Services. The act also authorizes a conservator to be appointed for a person who is gravely disabled. This bill would state the intent of the Legislature to enact legislation to repeal and replace the Lanterman-Petris-Short Act.
Existing law, the Health Care Decisions Law, authorizes an adult having capacity to give an individual health care instruction. Existing law authorizes the individual instruction to be limited to take effect only if a specified condition arises. Existing law authorizes a written advance health care directive to include the individual's nomination of a conservator of the person or estate or both, or a guardian of the person or estate or both, for consideration if protective proceedings for the individual's person or estate are thereafter commenced. Existing law also authorizes an adult having capacity to execute a power of attorney for health care to authorize an agent to make health care decisions for the principal, and authorizes the power of attorney to include individual health care instructions. Existing law authorizes the principal in a power of attorney for health care to grant authority to make decisions relating to the personal care of the principal, including, but not limited to, determining where the principal will live, providing meals, or hiring household employees. Existing law defines "health care decision" and "health care" for these purposes to mean any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a patient's physical or mental condition. This bill would clarify that health care decisions under those provisions include mental health treatment. The bill would revise the statutory advance health care directive form to clarify that a person may include instructions relating to mental health treatment.
(1) Existing law creates various public employee retirement systems in the state, including the Public Employees' Retirement System, the State Teachers' Retirement System, the Judges' Retirement System, the Judges' Retirement System II, county and district retirement systems created pursuant to the County Employees Retirement Law of 1937, the University of California Retirement Plan, various transit district retirement systems, and other independent public retirement systems. These systems, which are supported by member and employer contributions and investment earnings, may provide defined benefits to their members based on final compensation, credited service, and age at retirement, subject to certain variations. This bill would revise the provision of pension and other benefits to members of all state or local public retirement systems. The bill would apply its provisions prospectively to any member of a state or local public retirement system who is employed upon the date of its enactment and to any person who may be employed and become a member thereafter. The bill would void any limit on a pension that prohibits the pension from exceeding a percentage of final compensation, as specified. The bill would prohibit a local entity from establishing a deferred retirement option program, as described, and if a local entity has established a deferred retirement option program, whether or not the program is closed to new participants, it would be required to disenroll any participating employees and close the program. With regard to any member of a state or local public retirement system, the bill would require that final annual compensation used for purposes of ascertaining any pension or benefit be calculated as an average of the member's 3 highest earning years. The bill would prohibit, for any method of calculating a pension that is based on fractional percentage of final compensation multiplied by years of service with respect to a particular age at retirement, that fractional percentage from exceeding 2.7%. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (2) Existing law, the Public Employees' Retirement Law (PERL) , creates the Public Employees' Retirement System (PERS) and authorizes local entities to join PERS as contracting agencies for the provision of benefits to their employees. Existing law authorizes retirement systems to enter into agreements to provide certain reciprocal benefits to employees who are employed by other agencies that are parties to the agreement if the employees meet specified requirements, a practice commonly referred to as reciprocity. Reciprocity provides for the application of the final compensation paid by a subsequent employer to service provided to a prior employer. PERL provides that a public agency that has agreed to reciprocity with PERS also has reciprocity with all other agencies that have entered into those agreements with PERS, among others. PERL requires the Board of Administration of PERS to ensure that a contracting agency that creates a significant increase in actuarial liability as a result of increased compensation paid to a nonrepresented employee bears the associated liability, except as specified, including a portion that would otherwise be borne by another contracting agency. PERL requires the system actuary to assess an increase in liability, in this regard, to the employer that created it at the time the increase is determined and to make adjustments to that employer's contribution rates to account for the increased liability. This bill would require that an agency participating in PERS that increases the compensation of a member who was previously employed by a different agency to bear all actuarial liability for the action, if it results in an increased actuarial liability beyond what would have been reasonably expected for the member. The bill would require, in this context, that the increased actuarial liability be in addition to reasonable compensation growth that is anticipated for a member who works for an employer or multiple employers over an extended time. The bill would require, if multiple employers cause increased liability, that the liability be apportioned equitably among them. The bill would apply to an increase in actuarial liability, as specified, due to increased compensation paid to an employee on and after January 1, 2021.
Existing law, as established in the case of Dynamex Operations W. 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 those purposes. 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, as described above. 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 the provisions described above, including various professional services provided by a freelance writer, editor, photographer, photojournalist, or newspaper cartoonist who does not provide content submissions to the putative employer more than 35 times per year. This bill would revise that exemption to instead exempt all freelance journalists, including photographers, photojournalists, and videographers, without regard to the number of content submissions per year, from the application of Dynamex and the above provisions.