(1) The California Constitution enables electors to initiate a recall of state officers by gathering sufficient signatures within a 160-day period. Upon certification by the Secretary of State that this requirement has been met, the California Constitution authorizes the Governor to call a recall election within 60 to 80 days or to consolidate it with a regularly scheduled election that is within 180 days of the certification of the signatures. The California Constitution authorizes the Legislature to provide for recall elections, and existing statutes establish a procedural framework for certifying recall petitions and holding recall elections. Existing law requires the Secretary of State, within 10 days of receiving from one or more county elections officials a petition certified to have been signed by the stated number of registered voters, to transmit to each
county elections official a certificate showing that fact, and showing the total number of signatures collected by the proponents.
This bill would instead require the Secretary of State to notify a county elections official that a petition received a sufficient number of signatures to initiate a recall election. After this notice has been provided, the bill would provide for a period of 30 business days in which voters who signed the petition may withdraw their signatures. No later than 10 days after that period ends, the bill would require county elections officials to report to the Secretary of State the total number of signatures that were withdrawn, and would require that this process continue until the Secretary of State determines that there is a sufficient number of verified signatures, not including withdrawn signatures, to initiate a recall election. If a sufficient number of verified signatures is ultimately obtained, the bill would
require the Department of Finance, in consultation with affected elections officials and the Secretary of State, to estimate the costs of the recall election if it is held as a special election or as part of the next regularly scheduled election. The bill would prohibit the Secretary of State from certifying the sufficiency of the signatures until the Joint Legislative Budget Committee has had 30 days to review and comment on the Department of Finance’s estimate of the costs of the recall election. Following that period, the bill would require the Department of Finance’s estimate to be posted on the Secretary of State’s Internet Web site, and would authorize the Department of Finance to direct the Controller to remit specified costs of conducting the recall election to affected counties. The bill would appropriate $5,000,000 for this purpose.
Existing law requires local elections officials to submit signatures gathered by proponents of a recall
to the Secretary of State at least every 30 days. Existing law requires that signatures submitted at these intervals or after the deadline for submission of all signatures be verified according to specified procedures, including the use of a random sampling technique, and, as specified, the examination and verification of each signature filed.
This bill would repeal the provisions that allow for the use of random sampling as a method of verifying signatures for a recall petition, thereby requiring the examination and verification of each signature filed.
The bill would state the Legislature’s intent that these provisions apply retroactively.
By increasing the duties of local officials, this bill would impose a state-mandated local program.
(2) Existing law authorizes the Legislature to prescribe compensation for judges or courts of record. Existing law specifies the salaries of justices and judges of the Supreme Court, the courts of appeal, and trial courts, and provides for the annual increase of those salaries by the amount that is produced by multiplying the judge’s or justice’s current salary by the average percentage salary increase for the current fiscal year for California state employees, as provided.
This bill would, beginning on July 1, 2016, include a salary increase occurring on or after July 1 of any fiscal year for California state employees that is made effective July 1 of that fiscal year in the calculation of the average percentage salary increase for that fiscal year, retroactive to July 1 of that fiscal year. The bill would also require the Department of Human Resources to report any retroactive percentage salary increase to the State Controller in a pay letter.
(3) Existing law establishes, within the Labor and Workforce Development Agency, the Department of Industrial Relations, which is under the control of the Director of Industrial Relations, and establishes within the department the Division of Labor Standards Enforcement, which is under the control of the Labor Commissioner. Existing law vests with the Labor Commissioner the authority to receive, investigate, and hear employee complaints regarding the payment of wages and other employment-related issues and authorizes citations to be served personally or by registered mail. Existing law requires the commissioner to determine if a violation has occurred and to notify the complainant and respondent of his or her determination not later than 60 days after filing of the complaint. Existing law requires the commissioner, if he or she determines a violation has occurred, to direct the respondent to cease or desist from the violation and to take action
deemed necessary to remedy the violation. Existing law requires the commissioner to bring an action promptly in an appropriate court against the respondent if the respondent does not comply with the order within 10 working days. Existing law authorizes the complainant or respondent to appeal the commissioner’s determination to the director within 10 days of notification of the commissioner’s determination and requires the director’s determination to be the commissioner’s determination.
This bill would authorize citations to additionally be served in the same manner for service of a summons and by certified mail with return receipt requested. The bill would require the commissioner to notify a complainant and respondent of his or her determination not later than one year after the filing of a complaint. The bill would instead require the commissioner to bring an action in an appropriate court against the respondent if the respondent does not comply with the order
within 30 working days and would provide that the commissioner’s action does not accrue until a respondent fails to comply with an order for more than 30 days. The bill would require the commissioner to commence an action within 3 years of its accrual. The bill would authorize a court to determine and assess reasonable attorney’s fees incurred by the commissioner in an action in which the commissioner is the prevailing party. The bill would provide that only certain complaints are subject to administrative appeal by the complainant, as specified, and would make determinations by the commissioner for all other complaints final and not subject to administrative appeal. The bill would authorize the commissioner to, among other things, close an investigation if a complainant files an action in court against an employer based on the same or similar facts as a complaint submitted to the commissioner. The bill would, in the case of certain investigations by the field enforcement unit, provide that the date of a
written notice by the commissioner to an employer that an investigation has commenced is the date an action has commenced for purposes of any statute of limitations, as specified. The bill would, except as provided, prohibit any employer from introducing as evidence, in an administrative proceeding contesting a citation or writ under certain provisions of law, books, documents, or records that are not provided pursuant to a duly served written request by the commissioner, as specified.
(4) Existing law requires farm labor contractors to be licensed by the commissioner, requires the licensee to deposit a surety bond with the commissioner, and requires a portion of the license fee be deposited into the Farmworker Remedial Account. Existing law requires the Labor Commissioner, upon appropriation by the Legislature, to disburse funds from the Farmworker Remedial Account to persons determined by the commissioner to have been damaged by those
licensees if the damage exceeds the amount of a licensee’s bond or surety. Existing law regulates various aspects of the car washing and polishing industry and requires the commissioner to collect certain fees to be deposited in the Car Wash Worker Restitution Fund and disburses moneys in the fund, upon appropriation by the Legislature, to the commissioner to be paid to persons determined by the commissioner to have been damaged by the failure to pay wages and penalties and other damages. Existing law requires persons engaged in the business of garment manufacturing to register with the commissioner and pay an annual registration fee. Existing law requires a portion of that registration fee be deposited into a separate account to be disbursed by the commissioner to persons determined by the commissioner to have been damaged by failure to pay wages and benefits by any garment manufacturer, jobber, contractor, or subcontractor after exhausting a bond, if any.
This
bill would provide that disbursement of these funds shall be made pursuant to a claim for recovery in accordance with procedures prescribed by the commissioner and would make other conforming changes. The bill would require the commissioner to disburse funds from the Farmworker Remedial Account to persons determined by the commissioner to have been damaged by a licensee regardless if the damage exceeds the amount of the licensee’s bond or if the surety fails to pay the full amount of the licensee’s bond. The bill would require the commissioner to disburse funds from the separate account to persons damaged by a manufacturer, jobber, contractor, or subcontractor regardless if the damage exceeds a bond, if any.
(5) Existing law prohibits a person from discharging or in any manner discriminating against an employee because the employee has done certain things, including making a complaint to the division. Existing law provides that any employee who
is discharged, threatened with discharge, demoted, suspended, or in any manner discriminated against is entitled to reinstatement and reimbursement for lost wages or benefits and makes it a misdemeanor for an employer to willfully refuse to rehire, promote, or otherwise restore an employee who has been determined to be eligible for rehiring or promotion, as specified.
This bill would additionally prohibit a person from discharging or in any manner discriminating against an employee because the employee, among other things, reported a work-related fatality, injury, or illness. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
(6) Existing law, for contracts entered into on or after April 1, 2015, requires that a contractor or subcontractor, to be eligible to bid on, be listed on a bid proposal for, or perform work on, any public work, register with the
Department of Industrial Relations. This registration requires that the contractor or subcontractor provide certain documentation, including proof of proper licensure and proof of workers’ compensation coverage, and pay a $300 fee and an annual renewal fee.
This bill would apply the above requirement regardless of when the contract for public work was entered. The bill would increase the fee to $400 and allow a contractor to register or renew for up to 3 years at a time. The bill would also exempt certain projects, as specified. The bill, among other things, would impose various civil penalties, as specified, for each day of work performed in violation of the registration requirement and would require the deposit of those penalties in the State Public Works Enforcement Fund, to be used as specified. The bill would require the Labor Commissioner to issue and serve a stop order prohibiting the use of an unregistered contractor or unregistered subcontractor, as
specified. The bill would make the violation of a stop order a misdemeanor. By creating a new crime, the bill would impose a state-mandated local program. The bill would also make various technical, nonsubstantive changes.
(7) Existing law requires the Labor Commissioner to issue a civil wage and penalty assessment to a contractor or subcontractor, or both, if the Labor Commissioner determines, after investigation, that the contractor or subcontractor, or both, violated the laws regulating public works contracts, including the payment of prevailing wages. Existing law permits the affected contractor or subcontractor to obtain review of a civil wage and penalty assessment or a notice of withholding, as specified. Existing law provides that, after 60 days following the service of a civil wage and penalty assessment or notice, the affected contractor, subcontractor, and surety on a bond issued to secure the payment of wages, as provided, become
liable for liquidated damages in an amount equal to the amount of unpaid wages and authorizes the Director of Industrial Relations (director) to waive payment of the liquidated damages, as specified.
This bill would delete the director’s authorization to waive payment of the liquidated damages.
(8) Existing law creates the State Public Works Enforcement Fund and requires that moneys in the fund be used only for certain purposes, including, among other things, the reasonable costs of administering the registration of contractors and subcontractors, as specified. Existing law authorizes a short-term loan from the Labor and Workforce Development Fund to provide adequate cashflow for those purposes.
This bill would instead authorize a short-term loan from the Labor Enforcement and Compliance Fund for those purposes.
(9) Existing law provides that various requirements are applicable to all public work projects including, among other things, that the call for bids and contract documents specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
This bill would exempt a contractor or subcontractor who is not registered, as specified, and who is performing work on a project for which registration is not required, as specified, from the requirement to furnish certain records but would require the contractor or subcontractor to retain those records for at least 3 years after completion of the work.
(10) Existing law defines the term “public works” for purposes of requirements regarding the payment of prevailing wages, the regulation of working hours, and the securing of workers’ compensation for public
works projects. Existing law requires an awarding agency to provide notice, containing certain information, to the Department of Industrial Relations of any public works contract subject to the public works requirements, within 5 days of the award, as provided.
This bill, for certain projects, would instead require an awarding agency to provide the above notice within 30 days of the award, except as specified. The bill would also require the notice to include, among other things, the contractor’s name and registration number. The bill would require civil penalties be imposed on an awarding agency that fails to provide the notice described above and would authorize the Labor Commissioner to issue a citation for civil penalties to the awarding body that fails to provide the required notice. The bill would make an awarding agency ineligible to receive state funding or financial assistance for one year, as specified, whenever the Labor Commissioner determines that an
awarding agency has willfully violated certain requirements. The bill would provide that those penalties be deposited in the State Public Works Enforcement Fund and be used as specified.
(11) The California Occupational Safety and Health Act of 1973 authorizes the Division of Occupational Safety and Health to administer laws and enforce labor standards, orders, or special orders in order to protect the life and safety of employees. Under that law, an employer who violates an occupational safety or health standard, order, or special order or a prohibition against asbestos spraying that is specifically determined not to be of a serious nature may be assessed a civil penalty of up to $7,000 per violation. Existing law also authorizes a civil penalty of up to $7,000 for violating any of the occupational posting, recordkeeping, or notice requirements. That law further authorizes the imposition of a civil penalty of not more than $70,000 per
violation upon an employer who willfully or repeatedly violates any of these occupational safety or health standards.
This bill would increase those civil penalty amounts to up to $12,471 for each violation that is not of a serious nature and each violation of the posting, recordkeeping, or notice requirements, and up to $124,709, but not less than $8,908, for each willful or repeated violation of any of these occupational safety or health standards or orders. The bill would also permit those maximum penalty amounts to be increased on January 1, 2018, and each January 1 thereafter based on the percentage in the Consumer Price Index for All Consumers (CPI-U), as specified. The bill would also exempt any regulation issued increasing those penalty amounts based on the CPI-U from the rulemaking provisions of the Administrative Procedure Act, but would require the filing of those regulations with the Office of Administrative Law for publication in the California Code of
Regulations.
(12) Existing law imposes specified penalties on persons who own commercial or industrial buildings or structures, employers who engage in or contract for asbestos-related work, and contractors, public agencies, or employees who contract for or begin asbestos-related work without first determining if asbestos-containing material is present. That law imposes both criminal penalties, for knowing or negligent violations and willful violations resulting in death, serious injury or illness, or serious exposure, and civil penalties of no more than $2,000 for each violation and, not more than $20,000 for each willful or repeat violation.
This bill would delete the above civil penalties for violation of those asbestos safety provisions.
(13) Existing law establishes prescribed civil penalties for violations of crane safety standards,
orders, and special orders. Under existing law, if an employer violates any tower crane standard, order, or special order, and that violation is serious, the employer must be assessed a civil penalty of not less than $1,000 nor more than $2,000 for each serious violation.
This bill would delete the $2,000 maximum on that penalty amount.
(14) Existing law establishes prescribed civil penalties for violations of standards and special orders regulating the use of carcinogens, and specifies that a civil penalty assessed against an employer for a serious violation involving the use of a carcinogen, except in the case of a repeated serious violation, is $2,000.
This bill would delete that $2,000 penalty limit amount, and would make related conforming changes to those civil penalty provisions for violations of carcinogen standards and special orders.
(15) Existing law provides for the establishment and operation of veterans’ homes at various sites, and provides for an administrator of each home, as specified. Existing law establishes the duties of the Department of Veterans Affairs with regard to the establishment and regulation of veterans’ homes.
This bill would revise and recast various provisions relating to veterans’ homes, including expanding the definition of the veterans’ home system to incorporate multiple home locations, clarifying and authorizing membership for domestic partners, updating and replacing obsolete references and provisions, and making other technical changes. The bill would authorize the department to adopt, amend, or repeal regulations concerning the administration and operation of the Veterans’ Home of California, including emergency regulations, as specified. The bill would require the department to take specified actions
to ensure that medical or other facilities under its jurisdiction satisfy all applicable federal and state and local licensing, certification, and other approval requirements. The bill would require the department to develop and maintain clinical policies and procedures for the homes, as prescribed. The bill would require the department to establish a page on its Internet Web site that would include specified information and would include the ability for a person to apply for residency in a home and check his or her application and wait list status.
(16) Existing law authorizes the Department of Veterans Affairs to design, develop, construct, and equip a state-owned and state-operated Southern California Veterans Cemetery, at the site of the former Marine Corps Air Station El Toro.
This bill would instead authorize the department to acquire, study, design,
develop, construct, and equip a state-owned and state-operated Southern California Veterans Cemetery at the Bake Parkway site.
(17) Existing law requires all moneys received for the study, design, development, construction, and equipment of the cemetery to be deposited in the Southern California Veterans Cemetery Master Development Fund, and requires all moneys received for the maintenance of the cemetery to be deposited in the Southern California Veterans Cemetery Perpetual Maintenance Fund.
The bill would require all moneys received for the acquisition and study of the cemetery to be deposited in the California Veterans Cemetery Master Development Fund, and would require all moneys received for operation to be deposited in the Southern California Veterans Cemetery Perpetual Maintenance Fund.
(18) Existing law authorizes the cemetery
administrator to accept donations for the maintenance, beautification, and repair of the cemetery to be placed in the Southern California Veterans Cemetery Donations Fund, and continuously appropriates moneys in the fund for those purposes.
The bill would also authorize the cemetery administrator to accept donations for the design and construction of the cemetery, or to reimburse the state for these costs, and would require the administrator to deposit those donations into the Southern California Veterans Cemetery Donations Fund. The bill would make donations for the design or construction of the cemetery or for the reimbursement of specified state expenses available upon appropriation of those funds by the Legislature.
(19) Existing law authorizes cities and counties, subject to certain limitations and approval requirements, to levy a transactions and use tax
for general or specific purposes, in accordance with the procedures and requirements set forth in the Transactions and Use Tax Law, including a requirement that the combined rate of all taxes that may be imposed in accordance with that law in the county not exceed 2%, and a requirement that the city or county contract with the State Board of Equalization to perform all functions incident to the administration and operation of the ordinance imposing the tax.
This bill would find and declare that the transactions and use tax ordinance approved by the voters of the County of Los Angeles as Measure H on March 7, 2017, was authorized under existing law. The bill would require the board to enter into a contract with the County of Los Angeles to perform all functions incident to the administration and operation of that ordinance. The bill would require the contract to ensure the collection of the tax commences on October 1, 2017.
(20) This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.
(21) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions
noted above.
(22) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.