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 Dynamex and the provisions described above. 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 these exemptions to include an individual providing services as a licensed clinical social worker, a licensed education psychologist, a licensed professional clinical counselor, or a licensed marriage and family therapist.
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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 individuals providing services as a sports official, as defined, for a youth or adult amateur sports event, unless the official is already exempted from the definition of employee under another statute or regulation, as specified.
The Personal Income Tax Law and the Corporation Tax Law, in modified conformity to a credit allowed by federal income tax laws, allow a credit against taxes imposed by those laws for increasing research activities. In general, the amount of the credit under those laws is equal to 15% of the excess of the qualified research expenses, as defined, for the taxable year over the base amount, as defined. Additionally, the Corporation Tax Law, in modified conformity to that credit allowed by federal income tax laws, allows a credit of 24% of the basic research payments, as defined. This bill would, under both laws for each taxable year beginning on or after January 1, 2020, increase the amount of the credit to 20% of the excess of the qualified research expenses for the taxable year over the base amount. The bill would also, under the Corporation Tax Law for each taxable year beginning on or after January 1, 2020, increase the amount of the credit for basic research payments to 30%. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. The bill also would include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.
Existing law establishes the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as 2 of the segments of public postsecondary education in this state. Existing law authorizes these segments to charge students tuition and mandatory systemwide fees, among other charges, for attendance at these institutions. The existing Donahoe Higher Education Act specifies that none of its provisions applies to the University of California except to the extent that the regents, by appropriate resolution, make that provision applicable. This bill would add to the Donahoe Higher Education Act a provision requiring the trustees, and the regents if they act by appropriate resolution as referenced above, to determine the amounts of undergraduate tuition and systemwide fees for each entering first-year class at their respective segments. The bill would require that the tuition and mandatory systemwide fees set for California residents in each incoming first-year class under the bill would not be increased until at least 6 academic years have elapsed from the date that class commenced its attendance at the segment. The bill would exempt from that 6-year limit the duration of any leave of absence taken by a member of the class in order to serve in the Armed Forces of the United States.
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 establishes the Department of Fish and Wildlife and prescribes the functions and responsibilities of the department with regard to the implementation, administration, and enforcement of laws regulating fish and wildlife in the state. Existing law also establishes the Department of Forestry and Fire Protection and requires the department to implement and administer various fire prevention and suppression programs on lands under the jurisdiction of the department. This bill would require the Department of Fish and Wildlife, in consultation with the Department of Forestry and Fire Protection, on or before December 31, 2021, and by December 31 each year thereafter, to study, investigate, and report to the Legislature on the impacts on wildlife and wildlife habitat resulting from any catastrophic wildfire, as defined, that occurred within the Sierra Nevada region during that calendar year, including specified information on a catastrophic wildfire's impact on ecosystems, biodiversity, and protected species. For the report required to be submitted on or before December 31, 2021, the bill would also require the report to include information about catastrophic wildfires that occurred in the Sierra Nevada region during the calendar years 2017 to 2020, inclusive. Existing law, the California Endangered Species Act, among other things, requires the Department of Fish and Wildlife, upon a specific appropriation of funds by the Legislature or if other funding is available, to review species listed as endangered or threatened every 5 years to determine if the conditions that led to the original listing are still present, and prescribes procedures to be followed by the department in making that determination. This bill would make nonsubstantive changes to these provisions.
Existing federal law establishes the Program of All-Inclusive Care for the Elderly (PACE) , which provides specified services for older individuals at a PACE center, defined, in part, as a facility that includes a primary care clinic, so that they may continue living in the community. Federal law authorizes states to implement the PACE program as a Medicaid state option. Existing state law establishes the California Program of All-Inclusive Care for the Elderly (PACE program) , to provide community-based, risk-based, and capitated long-term care services as optional services under the state's Medi-Cal State Plan, as specified. Existing law authorizes the State Department of Health Care Services to enter into contracts with various entities for the purpose of implementing the PACE program and fully implementing the single state agency responsibilities assumed by the department pursuant to those contracts, as specified. This bill would require the department, if the department approves a PACE center to provide PACE services, to authorize the PACE center to provide PACE services for the maximum number of individuals for which the PACE center is eligible to provide PACE services. The bill would further require the department to give this authorization in writing and provide detailed reasons for the specific maximum number of individuals for which the PACE center is eligible to provide services.
The Personal Income Tax Law, in modified conformity with federal law, generally defines "gross income" as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income for purposes of computing tax liability. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill, for taxable years beginning on or after January 1, 2020, and before January 1, 2025, would provide an exclusion from gross income for all survivor benefits or payments received on or after January 1, 2020, and before January 1, 2025, under the federal Survivor Benefit Plan. The bill would require the Franchise Tax Board to submit a report to the Legislature on the income brackets of taxpayers who claimed this exclusion, and would provide findings and declarations relating to the goals, purposes, and objectives of this exclusion. This bill would take effect immediately as a tax levy.
The Personal Income Tax Law authorizes various deductions in computing income that is subject to tax under that law. This bill, for taxable years beginning on or after January 1, 2020, and before January 1, 2025, would allow a deduction in computing adjusted gross income in connection with health savings accounts in conformity with federal law. In general, the deduction would be an amount equal to the aggregate amount paid in cash during the taxable year by, or on behalf of, an eligible individual, as defined, to a health savings account of that individual, as provided. The bill, for taxable years beginning on or after January 1, 2020, and before January 1, 2025, would also provide related conformity to that federal law with respect to the allowance of rollovers from Archer Medical Savings Accounts, health flexible spending arrangements, or health reimbursement accounts to a health savings account, and penalties in connection therewith. This bill would take effect immediately as a tax levy.
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. This bill would require the Board of State and Community Corrections to administer grants to law enforcement agencies that participate in regional vehicle burglary 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 the sheriff or chief of police, or their representatives, of each participating law enforcement agency, and would authorize the Commissioner of the Department of the California Highway Patrol to designate a representative of the California Highway Patrol to serve as an ex officio member for each task force. 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, identifying suspects engaged in vehicle burglary, identifying interregional movement of vehicle burglary offenders, coordinating joint vehicle burglary enforcement efforts, and promoting law enforcement training and best practices to reduce the incidence of vehicle burglary. The bill would additionally require the lead agency of each task force to report to the board specified information relating to the crime of vehicle burglary 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.