Sen. Cathleen Galgiani

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 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. This bill, known as "The Independent Worker Rights Act of 2020," would set forth legislative findings regarding the intent of the Legislature to develop a modern policy framework that facilitates independent work for those who voluntarily choose it by creating a third classification of workers with basic rights and protections relative to work opportunities, including minimum wage and occupational accident coverage.

Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law prohibits, until January 1, 2023, the governing body and the electors of a city, county, or city and county that has not authorized legal gaming within its boundaries prior to January 1, 1996, from authorizing legal gaming. Existing law also prohibits, until January 1, 2023, an ordinance in effect on January 1, 1996, that authorizes legal gaming within a city, county, or city and county from being amended to expand gaming in that jurisdiction beyond that permitted on that effective date. This bill would exclude an increase in the number of tables authorized in existing gambling establishments from the prohibition on expansion of gaming and would explicitly authorize a city, county, or city and county to expand, by ordinance, the number of tables permitted in a gambling establishment.

Existing law makes it unlawful to hold in captivity an orca, whether wild caught or captive bred, for any purpose, including for display, performance, or entertainment purposes; to breed or impregnate an orca held in captivity; to export, collect, or import the semen, other gametes, or embryos of an orca held in captivity for the purpose of artificial insemination; or to export, transport, move, or sell an orca located in the state to another state or country. Existing law creates certain exceptions to these provisions, including an exception that authorizes an orca located in the state on January 1, 2017, to continue to be held in captivity for its current purpose and, after June 1, 2017, to continue to be used for educational presentations. Existing law provides that a person, corporation, or institution that intentionally or negligently violates these provisions is guilty of a misdemeanor punishable by a fine not to exceed $100,000. This bill would expand these provisions to include cetaceans, which the bill would define to mean a whale, dolphin, or porpoise in the order Cetacea. By expanding the definition of a crime, the bill would impose a state-mandated local program. The bill would authorize a cetacean located in the state on an unspecified date to continue to be held in captivity for its current purpose and, after an unspecified date, to continue to be used for educational presentations. 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 establishes in state government the Transportation Agency, which includes various departments and state entities, including the California Transportation Commission. The Road Repair and Accountability Act of 2017 establishes a comprehensive transportation funding program by increasing fuel taxes and imposing certain vehicle fees. The act allocates revenues from those sources to various transportation programs, including, among others, to the Road Maintenance and Rehabilitation Program, which the act created to address deferred maintenance on the state highway system and the local street and road system. This bill would require the Transportation Agency to oversee the development and implementation of a comprehensive one-stop reporting interface available to the public through an internet website maintained by the agency. The bill would require the interface to provide timely fiscal information regarding the development and implementation status of each transportation program or project funded, at least in part, by revenues from the Road Repair and Accountability Act of 2017.

The Personal Income Tax Law allows various credits against the tax imposed by that law. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill would allow credits against the tax imposed by the Personal Income Tax Law for each taxable year beginning on or after January 1, 2021, and before January 1, 2026, to a qualified taxpayer for qualified costs relating to qualified home hardening, as defined, and for qualified costs relating to qualified vegetation management, as defined, in specified amounts, not to exceed an aggregate amount of $500,000,000 per taxable year. This bill would authorize a qualified taxpayer to reserve a credit for qualified costs relating to qualified home hardening or qualified vegetation management prior to incurring those costs, as specified. The bill would require a qualified taxpayer that reserved a credit to submit a copy of the receipts showing the total qualified costs incurred and a certification by the qualified taxpayer, signed under penalty of perjury, that the qualified taxpayer incurred the qualified costs claimed, as specified. By requiring qualified taxpayers to submit a certification under penalty of perjury, the bill would expand the crime of perjury and impose a state-mandated local program. The bill also would include additional information required for any bill authorizing a new income tax credit and would require the Legislative Analyst's Office to prepare a written report regarding the credits, as provided. 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 take effect immediately as a tax levy.

Existing law authorizes the Director of General Services to execute grants to real property belonging to the state in the name and upon behalf of the state, as provided. Existing law restricts, by quitclaim deed, the use of certain land of approximately 48 acres within the City of Galt that was quitclaimed to the city by the state. This bill would express the intent of the Legislature to enact legislation that would remove deed restrictions on that land.

Existing law provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. Existing law makes it a misdemeanor for a placement agency, as defined, to place an individual in a licensed residential care facility for the elderly when the individual, because of a health condition, cannot be cared for within the limits of the license or requires inpatient care in a health facility. This bill would also make it a misdemeanor for an employee of a placement agency to place an individual in a licensed residential care facility for the elderly when the individual, because of a health condition, cannot be cared for within the limits of the license or requires inpatient care in a health facility. 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.

Existing law provides for the compensation of victims and derivative victims of specified crimes by the California Victim Compensation Board for specified losses suffered as a result of those crimes. Existing law requires an application for compensation to be filed with the board in a manner determined by the board. Existing law authorizes the board to require the submission of additional information supporting the application that is reasonably necessary to verify the application and determine eligibility for compensation. Existing law requires the board to keep this verification information confidential. This bill would, in a criminal matter in which discovery or disclosure is sought of victim or derivative victim records submitted to the board, or information from those records, require the party seeking discovery or disclosure to file a motion with the appropriate court upon written notice to the board, as specified. The bill would require the motion to include specified information, including an identification of the proceeding in which discovery or disclosure is sought. The bill would require the board to submit to the court copies of the records redacted to protect the privacy and safety of the victim or any legal privilege, along with a statement made under penalty of perjury by the custodian of records that the records include everything in the board's possession. By expanding the crime of perjury, this bill would create a state-mandated local program. The bill would require the court to examine the records in chambers out of the presence and hearing of all persons, as specified, and, upon a finding of materiality, to permit disclosure and discovery of the records along with an order that the records disclosed or discovered may not be used for any purpose other than a court proceeding in the criminal matter for which the records were sought. 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.

Under existing law, the Division of Labor Standards Enforcement is a department of state government within the Department of Industrial Relations and is responsible for administering and enforcing the provisions of the Labor Code governing wages, hours, and working conditions. In 1977, this division succeeded to and became vested with all the powers, duties, purposes, responsibilities, and jurisdiction of the former Divisions of Labor Law Enforcement and Industrial Welfare, which were abolished. The employees of those agencies were transferred to the Division of Labor Standards Enforcement, while the personnel records of those employees remained in the parent Department of Industrial Relations. This bill would make a nonsubstantive change to those provisions.