Sen. Cathleen Galgiani

This measure would proclaim the month of January 2018 as National Mentoring Month.

Existing law generally protects employees who disclose illegal or improper workplace activities by prohibiting interference with, and retaliation for, making such disclosures. Existing law provides procedures for a person to file a complaint alleging violations of legislative ethics. Existing law also authorizes each house of the Legislature to adopt rules for its proceedings and to select committees necessary for the conduct of its business. This bill would impose criminal and civil liability on a Member of the Legislature or legislative employee, as defined, who interferes with, or retaliates against, a legislative employee's exercise of the right to make a protected disclosure, which is defined as a good faith allegation made by a legislative employee to specified entities that a Member of the Legislature or a legislative employee has engaged in, or will engage in, activity that may constitute a violation of law, including sexual harassment, or a violation of a legislative standard of conduct. The bill would also impose civil liability on an entity that interferes with, or retaliates against, a legislative employee's exercise of the right to make a protected disclosure, as specified. By creating new crimes, 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. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law creates the Citrus Disease Management Account in the Department of Food and Agriculture Fund, consisting of money from federal, industry, and other non-General Fund sources, to be available upon appropriation by the Legislature for the purpose of combating citrus specific pests, diseases, and their vectors. This bill would instead continuously appropriate those moneys in the account. The bill would also exempt moneys deposited in the fund through the account from specified provisions relating to budgets.

Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, within the Department of Industrial Relations, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires an employer to carry workers' compensation insurance or secure the payment of compensation for an employee and makes the failure to do so a misdemeanor. Existing law defines an employee, for purposes of the laws governing workers' compensation, to include, among other persons, any person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant, except as specified. This bill would specify that the above definition of employee applies without regard to immigration status. The bill would also include within the above definition of an employee, a person who is a day laborer, as defined, thereby expanding the definition of employee for purposes of the laws governing workers' compensation and expanding the scope of a crime. The bill would make additional conforming changes. By expanding the scope 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 no reimbursement is required by this act for a specified reason.

(1) Existing law, the Horse Racing Law, authorizes the California Horse Racing Board to make allocations of racing weeks, including simultaneous racing between zones, as it deems appropriate, and allocates, for thoroughbred racing, a maximum of 44 weeks per year of racing weeks in the northern zone and a maximum of 49 weeks per year in the combined central and southern zones. That law also authorizes the board to allocate from the weeks available in the combined central and southern zones a maximum of 5 weeks per year to a thoroughbred racing association to conduct thoroughbred racing at a racetrack in the southern zone that was not used to conduct a thoroughbred race meeting in the southern zone before 2012. This bill would instead authorize the board to allocate from the weeks available in the combined central and southern zones a maximum of 5 weeks per year to a thoroughbred racing association to conduct thoroughbred racing at a racetrack in the southern zone that was not used to conduct a thoroughbred race meeting in the southern zone before 2011.

The California Constitution provides that the civil service includes every officer and employee in the state except as otherwise provided in the Constitution, and existing statutory law, the State Civil Service Act, prescribes a comprehensive civil service personnel system for the state. Existing law provides for the establishment of apprenticeship programs in various trades and requires each apprentice agreement to contain certain provisions, including, among others, a statement of the graduated scale of wages to be paid the apprentice and whether the required schooltime will be compensated. This bill would state the intent of the Legislature to enact legislation that would ensure compliance in state employment with that required apprentice agreement provision.

Existing law establishes the California State University, under the administration of the Trustees of the California State University, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, and the University of California, under the administration of the Regents of the University of California, as the 3 segments of public postsecondary education in this state. Existing law, known as the Donahoe Higher Education Act, among other things, sets forth the missions and functions of these 3 segments. This bill would express legislative findings and declarations relating to the costs of public postsecondary education. The bill would require that the amount of tuition charged to eligible students of the California State University, and the amount of the enrollment fee charged to eligible students of the California Community Colleges, not be increased from the amounts that were charged as of December 31, 2016, until the completion of the 2019–20 academic year. Notwithstanding this provision, the bill would not be operative in a fiscal year for which the Governor has issued a proclamation declaring a fiscal emergency pursuant to a specified provision of the California Constitution. The bill would define "eligible students" as students exempt from payment of nonresident tuition either because they are California residents, as defined, or are exempted from payment of nonresident tuition pursuant to any of several specified provisions of existing law. The bill would also urge the regents to adopt policies that are consistent with this provision.

Existing law authorizes the governing board of a school district maintaining a high school or high schools, a county superintendent of schools, and the Division of Juvenile Justice, and the State Department of Education in providing programs of high school education, to prescribe regulations determining who can profit by and who shall receive instruction in automobile driver training and prohibits a pupil from being permitted to enroll in automobile driver training unless the pupil is presently enrolled in a course of instruction in automobile driver education, or has satisfactorily completed the course. Existing law requires a course of instruction in automobile driver education to meet specified requirements, including that it is of at least 2½ semester periods and taught by a qualified instructor. Existing law requires the Superintendent of Public Instruction to make allowances to each school district maintaining a high school or high schools, county superintendent of schools, the Division of Juvenile Justice, and the department for the costs of driver education and driver training, as provided. Existing law requires those entities, in applying for state reimbursement for driver education and driver training expenses, to certify that driver education and driver training programs are taught by a qualified instructor. Existing law defines "qualified instructor" as one who has passed an approved driver's instruction examination and holds a designated subjects credential or who holds a valid prior credential authorizing instruction in automobile driver education and driver training. This bill would instead define "qualified instructor" for purposes of these provisions to mean one who has a valid California driver's license and holds a designated subjects credential, a clear or preliminary single subject credential, or a valid prior credential authorizing instruction in automobile driver education and driver training. The bill would also delete obsolete provisions and make various nonsubstantive changes.

Existing sales and use tax laws impose taxes on retailers measured by gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, measured by sales price. Those laws partially exempt from those taxes, for a specified period, the gross receipts from the sale of, and the storage, use, or other consumption of, specified tangible personal property purchased for use by a qualified person, as defined, to be used primarily in manufacturing or other processes, and in research and development. On and after July 1, 2014, tangible personal property with a useful life of one or more years, as defined by reference to state income or franchise taxes, is deemed to have a useful life of one or more years for purposes of the exemption. This bill would define "useful life" for periods on and after July 1, 2014, to also include tangible personal property that is expensed for state income or franchise tax purposes and that has a physical useful life of one or more years. The bill, with respect to property with a useful life of one or more years as redefined by this bill, would require the State Board of Equalization to cancel any notice of determination and any related penalties and interest and would prohibit the board from issuing any notice of determination with respect to the purchase or sale of that property. The bill would authorize a qualified person to offset the amount of sales tax reimbursement or use tax paid against any sales and use tax imposed on the qualified person when a qualified person has paid sales tax reimbursement or use tax on purchases of qualified tangible personal property that has a useful life of one or more years, as redefined by the bill, as provided. The bill, beginning on and after January 1, 2018, and before July 1, 2026, would additionally exempt from those taxes special purpose buildings and foundations used for the generation or production or storage and distribution, as defined, of electric power and qualified tangible personal property purchased for used by a qualified person to be used primarily in the generation or production or storage and distribution of electric power or purchased for use by a contractor for the qualified person, as specified. The bill, on and after January 1, 2018, would expand the definition of qualified person to include, among others, a person primarily engaged in the business of electric power generation. The bill would declare the intent of the Legislature to enact legislation that would improve the state's sales and use tax incentives to promote a stronger California economy by securing a greater share of the high-paying, high-skilled jobs in manufacturing and research and development.