Existing law creates the State Department of Public Health and provides that the head of that department is the State Registrar of Vital Statistics. Existing law requires the state registrar to establish registration districts within the state for the purpose of registering births and deaths. Existing law requires that a death be registered with the local registrar of births and deaths in the district in which the death was officially pronounced or the body was found, within 8 calendar days after death. Existing law requires the department to implement an electronic death registration system for the creation, storage, and transfer of death registration information. Existing state and federal law define and regulate credit reporting agencies, which provide reports bearing on a consumer's creditworthiness. This bill would require the State Department of Public Health to negotiate with a credit reporting agency, as defined, that wishes to receive notices of death from the department. If the department and agency reach a mutually acceptable agreement in this regard, the bill would require the department, within 14 days of a death registration with the electronic death registration system, to provide notice of an individual's death to the credit reporting agency for the purpose of placing a warning in the decedent's credit report, as specified. The bill would require the department to furnish the necessary information in its possession to properly identify the individual. The bill would authorize the department to provide the notification in the manner it deems most economical and efficient, including electronically.
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The California Emergency Services Act establishes the Office of Emergency Services in the office of the Governor and provides that the office is responsible for the state's emergency and disaster response services for natural, technological, or manmade disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. Existing law authorizes each county, including a city and county, to enter into an agreement to access the contact information of resident accountholders through the records of a public utility or other agency responsible for water service, waste and recycling services, or other property-related services for the sole purpose of enrolling county residents in a county-operated public emergency warning system. Existing law requires any county that enters into such an agreement to include procedures to enable any resident to opt out of the warning system and a process to terminate the receiving agency's access to the resident's contact information. Existing law prohibits the use of the information gathered for any purpose other than for emergency notification. This bill would expand these provisions to authorize a city to enter into an agreement to access the contact information of resident accountholders through the records of a public utility, as specified. The bill would also expand the types of public utilities that can enter into these agreements by defining public utility to include, among others, a local publicly owned electric utility, mobile telephony services, a public water agency, and an agency responsible for solid waste or recycling services. The bill would require a local government that enters into an agreement to access information of resident accountholders to, upon receipt of that information, notify residents that they have been entered into the public emergency warning system. The bill would require a local government that enters into an agreement to access information to include procedures to enable any resident to opt out of the warning system and a process to terminate the receiving agency's access to the contact information of the resident from a public utility. The bill would also authorize the governing bodies of the California State University, the University of California, and each community college district to use their own enrollment, registration, and personnel records to access the contact information of students and employees for the sole purpose of enrolling students and employees in a university- or college-operated public emergency warning system. Existing law requires a county, upon the next update to its emergency plan, to integrate access and functional needs into its emergency plan by addressing, at a minimum, how the access and functional needs population is served by emergency communications, emergency evacuation for individuals who are dependent on public transportation, and accessible emergency sheltering. Existing law permits an authorized employee of a county social services department to disclose the name and residential address of elderly or disabled clients to police, fire, or paramedical personnel, or other designated emergency services personnel, in the event of a public safety emergency that necessitates the possible evacuation of the area in which those elderly or disabled clients reside. Existing law requires the Director of Social Services to seek any federal approval necessary to implement these provisions, and prohibits these provisions from being implemented unless the director executes a declaration stating that any required federal approval has been obtained, and only for the duration of that approval. Existing law defines "public safety emergency" for these purposes to include, but not be limited to, specified events that jeopardize the immediate physical safety of county residents. This bill would authorize a local government to enter into an agreement with a, or to use the records of its own, social services department to access the contact information of persons from the access and functional needs population, and the contact information of the designated emergency contacts of those persons, if any, for the sole purpose of enrolling those individuals, who are residents of that local government, in a city-operated, county-operated, or city-and-county-operated public emergency warning system, as specified. The bill would require a local government that enters into an agreement to access information of resident accountholders or designated emergency contacts to, upon receipt of that information, notify residents that they have been entered into the public emergency warning system. The bill would require a local government that enters into an agreement to access information to include procedures to enable any resident or designated emergency contact to opt out of the warning system and a process to terminate the receiving agency's access to the contact information of the resident or designated emergency contact from a county social services department. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission, in consultation with the Office of Emergency Services, to identify the need for telecommunications service systems not on customers' premises to have backup electricity to enable the telecommunications networks to function, and to enable customers to contact a public safety answering point operator during an electrical outage, to determine performance criteria for backup systems, and to determine whether specified best practices for backup systems have been implemented by telecommunications service providers operating in California. Existing law requires the commission to report certain information to the Legislature. This bill would require the commission to collect specified information from telecommunications service providers relating to the performance of telecommunication-based city-operated, county-operated, or city-and-county-operated public emergency warning systems, including comprehensive reporting on messaging performance and the impact on messaging performance due to damage to telecommunications network infrastructure caused by an emergency or natural disaster. The bill would require the commission to annually prepare a report that summarizes the information collected. The bill would require the president of the commission to annually present a summary of the information collected to the appropriate policy committees of the Legislature. The bill would authorize the commission to require telecommunications service providers to collect and forward to the commission any relevant information for these purposes. The bill would authorize the information to be disclosed to the public, except as specified. Under existing law, a violation of any provision of the Public Utilities Act or of any of the rules or orders issued under the act is a crime. Because the provisions of this bill are within the act and require implementing action by the commission, a violation of which would be a crime, this bill would impose a state-mandated local program. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. 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.
Existing law prohibits dumping waste matter in or upon a public or private highway or road, in or upon private property into or upon which the public is admitted by easement or license, upon private property without the consent of the owner, or in or upon a public park or other public property. A violation of these provisions is an infraction punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd or subsequent conviction. This bill would make dumping waste matter on private property, including on any private road or highways, without the consent of the owner, punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd conviction. The bill would make a 4th or subsequent conviction a misdemeanor punishable by imprisonment in a county jail for not more than 30 days and by a fine of not less than $750 nor more than $3,000. The bill would also require the fine to be doubled for the 4th or subsequent violation if the prosecuting attorney pleads and proves, or, in an infraction case, if the court finds, that the waste placed, deposited, or dumped includes used tires. By changing the definition of a crime, 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 no reimbursement is required by this act for a specified reason.
Existing law requires the Department of Forestry and Fire Protection to implement various fire protection programs intended to protect forest resources and prevent uncontrolled wildfires. This bill would require the department, in collaboration with the Natural Resources Agency and the California Environmental Protection Agency, to prepare and submit to the Legislature and the appropriate legislative policy and budget committees, on or before January 1, 2021, and by January 1 of each year thereafter, until January 1, 2024, a report on the progress made with regard to the implementation of a specified forest carbon plan, as described, and the policies and resources needed to meet the objectives of the plan.
Existing law, as added by the Briggs Initiative, an initiative statute approved by the voters at the November 7, 1978, statewide general election, requires that persons convicted of first-degree murder be subject to death, life in prison without the possibility of parole, or confinement in the state prison for a term of 25 years to life. Existing law, as added by Proposition 115 at the June 5, 1990, statewide primary election, requires that a person found guilty of murder in the first degree, when special circumstances have been found to be true, who was 16 years of age or older and under 18 years of age at the time of the commission of the crime, be punished by confinement in the state prison for life without the possibility of parole or, at the discretion of the court, by 25 years to life. Existing United States Supreme Court case law holds that a mandatory life sentence without the possibility of parole for a juvenile offender violates the Eighth Amendment to the United States Constitution. Existing law allows a defendant who was under 18 years of age at the time of the commission of an offense for which the defendant was sentenced to imprisonment for life without the possibility of parole to petition the court for recall and resentencing after the defendant has been incarcerated for at least 15 years. This bill would delete the authority of a defendant who was under 18 years of age at the time of the commission of the offense to petition for a recall of the sentence and would instead require the court to provide that defendant with a resentencing hearing, except as specified. The bill would require the court to resentence the defendant to a term of imprisonment with the possibility of parole unless the court determines the defendant to be irreparably corrupt or incapable of rehabilitation. The bill would require the court to consider specified factors in making this determination, including, among other things, the defendant's family and home environment, the circumstances of the offense, and any evidence or information bearing on the possibility of rehabilitation. Existing law requires the Board of Parole Hearings to conduct a youth offender parole hearing for a person convicted of a controlling offense that was committed before the person had attained 18 years of age and for which a life sentence without the possibility of parole has been imposed during the person's 25th year of incarceration. Existing law requires the board to complete, by July 1, 2020, all hearings for individuals who are or will be entitled to have their parole suitability considered at a youth offender parole hearing by that provision before July 1, 2020. This bill would exempt from that hearing any person who has a pending resentencing hearing or who was found irreparably corrupt or incapable of rehabilitation.
Existing law requires the Secretary of State and the Department of Motor Vehicles to establish the California New Motor Voter Program. Under the program, the Department of Motor Vehicles is required to provide to the Secretary of State specified information associated with each person who submits an application for a driver's license or identification card, and additionally to report to the Secretary of State that an applicant has attested that the applicant meets the voter preregistration requirements for a person who is at least 16 years of age and otherwise meets all voter eligibility requirements. The prescribed information submitted by the department to the Secretary of State constitutes a completed or submitted affidavit of registration, and the Secretary is required to register or preregister the person to vote, unless the person affirmatively declines to register to vote during a transaction with the department, the department does not represent to the Secretary of State that the person attested that the person meets all voter eligibility requirements, or the Secretary of State determines that the person is ineligible to vote. This bill would instead require a person to affirmatively agree to become registered or preregistered to vote during a transaction with the department before the Secretary registers or preregisters that person, and it would make other conforming changes.
This measure would designate the portions of State Highway Routes 20 and 70 in the City of Marysville in the County of Yuba for inclusion in the National Purple Heart Trail. The measure would also request that the Department of Transportation determine the cost for the installation and maintenance of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, erect those signs.
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. These exemptions include a temporary exemption for newspaper distributors or newspaper carriers, as defined, until January 1, 2021. This bill would delete the above inoperative date of January 1, 2021, applicable to newspaper distributors or newspaper carriers, thereby making the above exemption apply indefinitely.
Existing case 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 those purposes. Existing statutory 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 not an employee under 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 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. This bill would also exempt from the ABC test specified individuals working as interpreters and translators.
Existing law authorizes the Public Utilities Commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. Existing law requires a public utility to furnish and maintain such adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities as are necessary to promote the safety, health, comfort, and convenience of its patrons, employees, and the public. This bill would make nonsubstantive changes in these provisions.