Bill Text: CA AB83 | 2019-2020 | Regular Session | Amended
Bill Title: Housing.
Spectrum: Committee Bill
Status: (Passed) 2020-06-29 - Chaptered by Secretary of State - Chapter 15, Statutes of 2020. [AB83 Detail]
Download: California-2019-AB83-Amended.html
Amended
IN
Senate
June 11, 2019 |
Assembly Bill | No. 83 |
Introduced by |
December 03, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2019.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 3539.6 is added to the Government Code, to read:3539.6.
Notwithstanding any other law, an employee excluded from the definition of “state employee” in subdivision (c) of Section 3513 or a nonelected officer of the executive branch exempt from civil service eligible for managerial benefits, who elects to participate in the annual leave program and who is eligible to receive Nonindustrial Disability Insurance benefits pursuant to Section 19879.1, shall also be eligible for Nonindustrial Disability Insurance Family Care Leave under that section.SEC. 2.
Section 12472.5 of the Government Code is repealed.Notwithstanding any other law, on and after January 1, 2010, payments to employees made through the Uniform State Payroll System for master payroll paid on June 30 of each year shall be issue dated on July 1, provided that employees shall, in any event, be paid promptly.
SEC. 3.
Section 13302 of the Government Code is amended to read:13302.
The accounting system devised as provided in Section 13300 shall provide, with respect to the General Fund and other governmental funds, for all of the following:(d)(1)Notwithstanding any other law, and except as provided in paragraph (2), payments to employees made through the Uniform State Payroll System as described in Section 12472.5 with an issue date each year of July 1 shall be considered payables incurred in the fiscal year in which the payment is issue dated.
(2)Notwithstanding paragraph (1), for purposes of calculating maintenance of effort expenditures under Section 8 of Article XVI of
the California Constitution, or for purposes of calculating funds used by a program during the fiscal year, payments made on July 1 may be counted towards the prior fiscal year.
SEC. 4.
Section 18930.5 of the Government Code is amended to read:18930.5.
(a) The department may designate an appointing power to design, announce, or administer examinations for the establishment of employment lists in accordance with Section 18654 and board rule. No later than January 1, 1987, the board shall authorize or assess the ability of appointing powers to design, announce, or administer designated examinations for the establishment of employment lists. The board may audit examinations and order corrective action or nullify any examination or parts thereof which have been conducted improperly. A
SEC. 5.
Section 19792 of the Government Code is amended to read:19792.
The department shall do all of the following:SEC. 6.
Section 19803 of the Government Code is amended to read:19803.
The department
SEC. 7.
Section 19809 of the Government Code is amended to read:19809.
State departments having responsibility for the overall administration of grant-in-aid programs under Section 19800 shall reimburse theSEC. 8.
Section 19815.6 of the Government Code is amended to read:19815.6.
(a) NotwithstandingSEC. 9.
Section 19878 of the Government Code is amended to read:19878.
(a) As used in this article:(a)
(1)
(2)
(b)
(c)“Disability” or “disabled” includes mental or physical illness and mental or physical injury, including any illness or injury
resulting from pregnancy, childbirth, or related medical condition. An employee is deemed disabled on any day in which, because of his or her physical, mental, or medical condition, he or she is unable to perform his or her regular or customary work.
(d)“Disability benefit period”, with respect to any individual, means the continuous period of disability
beginning with the first day with respect to which the individual files a valid claim for nonindustrial disability benefits. For the purposes of this article, two consecutive periods of disability due to the same or related cause or condition and separated by a period of not more than 14 days shall be considered as one disability benefit period.
(e)“Appeals board” means the California Unemployment Insurance Appeals Board.
If
SEC. 10.
Section 19878.5 is added to the Government Code, to read:19878.5.
For purposes of this article relating to Nonindustrial Disability Insurance Family Care Leave, an “eligible employee” is an employee excluded from the definition of “state employee” in subdivision (c) of Section 3513 or a nonelected officer of the executive branch exempt from civil service and eligible for managerial benefits, who has enrolled in the annual leave program under Article 2.5 (commencing with Section 19858.3). An eligible employee shall be entitled to receive up to six weeks of benefits during a 12-month period for Nonindustrial Disability Insurance Family Care Leave in accordance with this article.SEC. 11.
Section 19879.1 of the Government Code is amended to read:19879.1.
(a) For the purpose of thisSEC. 12.
Section 19880 of the Government Code is amended to read:19880.
(a) A disabled employee or an employee covered by Section 19878.5 is eligible to receive nonindustrial disability benefits or Family Care Leave benefits, as applicable, under this(a)He or she
(b)He or she
(c)He or she
(1)
(2)
(d)
(e)He or she
(f)
In
If
SEC. 13.
Section 19881 of the Government Code is amended to read:19881.
(a) An employee is not eligible for disability benefits or Family Care Leave benefits under this article with respect to any period for which the Director of Employment Development finds thatSEC. 14.
Section 19882 of the Government Code is amended to read:19882.
(a) Except as provided in this section, an individual is not eligible for disability benefits or Family Care Leave benefits under this article for any day of unemployment and disability or family temporary disability insurance for whichSEC. 15.
Section 19883 of the Government Code is amended to read:19883.
(a) (1) Discretionary deductions of the employee, including those for coverage under a state health benefits plan in which the employee is enrolled, shall be deducted from the disability benefits or Family Care Leave benefits under this article unless canceled by the employee. If an employee deduction under a state health benefits plan is continued, the state employer contribution shall also continue.An
An
SEC. 16.
Section 19884 of the Government Code is amended to read:19884.
(a) (1) Filing, determination, and payment of disability benefit claims under this article shall be made in accordance with the procedures prescribed by Article 4 (commencing with Section 2701) of Chapter 2 of Part 2 of Division 1 of the Unemployment Insurance Code.SEC. 17.
Section 19995.1.5 of the Government Code is amended to read:19995.1.5.
(a) The department may provide training programs to any public employee or officer so that the quality of service rendered by those persons may be continually improved. For purposes of this subdivision, “public employee or officer” means any employee or officer of any of the following:SEC. 18.
Section 22551 of the Government Code is amended to read:22551.
(a) The board may charge or assessSEC. 19.
Section 22555 of the Government Code is amended to read:22555.
Every public agency included in the agreement shall upon written request of the board pay to the boardSEC. 20.
Section 22556 of the Government Code is amended to read:22556.
SEC. 21.
Section 22560 of the Government Code is amended to read:22560.
(a) The board may charge or assess each public agency as defined in Section 22009.03 and each public agency shall pay and reimburse the state at the times and in the amounts as the board may determine, the approximate cost to the state, of anySEC. 22.
Section 22600 of the Government Code is amended to read:22600.
(a) The Old Age and Survivors’ Insurance Revolving Fund is continued in existence. Notwithstanding Section 13340, all money in theSEC. 23.
Section 22602 of the Government Code is amended to read:22602.
With the exception of penalties and interestSEC. 24.
Section 22871.3 of the Government Code is amended to read:22871.3.
(a) The employer contribution for each annuitant enrolled in a basic plan shall be an amount equal to 80 percent of the weighted average of the health benefit plan premiums for an employee or annuitant enrolled for self-alone, during the benefit year to which the formula is applied, for the four health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year. For each annuitant with enrolled family members, the employer contribution shall be an amount equal to 80 percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year.SEC. 25.
Section 100014 of the Government Code is amended to read:100014.
(a) Prior to opening the CalSavers Retirement Savings Program for enrollment, the board shall design and disseminate to employersSEC. 26.
Section 1420 of the Labor Code is amended to read:1420.
For purposes of this part:SEC. 27.
Section 1421 of the Labor Code is amended to read:1421.
Every employer shall keep accurate records for three years, showing all of the following:SEC. 28.
Section 1428 of the Labor Code is amended to read:1428.
An employer shall not conduct any janitorial business without complying with the registration requirements of this part. The commissioner may revoke a registration ifSEC. 29.
Section 1429 of the Labor Code is amended to read:1429.
The Division of Labor Standards Enforcement shall not approve the registration of any employer until all of the following conditions are satisfied:SEC. 30.
Section 1429.5 of the Labor Code is amended to read:1429.5.
The Division of Labor Standards Enforcement shall establish a biennial in-person sexual violence and harassment prevention training requirement forSEC. 31.
Section 1430 of the Labor Code is amended to read:1430.
The Division of Labor Standards Enforcement shall not register or renew the registration of an employer in any of the following circumstances:SEC. 32.
Section 1434 of the Labor Code is amended to read:1434.
A successor employer is liable for anySEC. 33.
Section 1455 is added to the Labor Code, to read:1455.
(a) (1) The Division of Labor Standards Enforcement, upon appropriation of funds to the division for purposes of this section, shall establish and maintain an outreach and education program. The purpose of the program shall be to promote awareness of, and compliance with, labor protections that affect the domestic work industry and to promote fair and dignified labor standards in this industry and other low-wage industries.SEC. 34.
Section 6717.5 is added to the Labor Code, to read:6717.5.
The division shall submit to the board a rulemaking proposal to revise the lead standards of the general industry safety orders, found at Section 5198 of Title 8 of the California Code of Regulations, and the construction safety orders, found at Section 1532.1 of Title 8 of the California Code of Regulations, consistent with scientific research and findings. The board shall vote on the proposed changes on or before September 30, 2020.SEC. 35.
Section 984 of the Unemployment Insurance Code is amended to read:984.
(a) (1) Each worker shall pay worker contributions at the rate determined by the director pursuant to this section with respect to wages, as defined by Sections 926, 927, and 985. On or before October 31 of each calendar year, the director shall prepare a statement, which shall be a public record, declaring the rate of worker contributions for the calendar year and shall notify promptly all employers of employees covered for disability insurance of the rate.SEC. 36.
Section 1088.9 of the Unemployment Insurance Code is amended to read:1088.9.
(a) The department shall have the power and duties necessary to administer the enforcement of employer compliance with Title 21 (commencing with Section 100000) of the Government Code.(b)An eligible employer shall use the opt-out form in the employee information packet disseminated by the department to create an option for an eligible employee to note his or her decision to opt out of utilizing the CalSavers Retirement Savings Program.
(c)
(d)
(e)
(f)This section shall become operative six months after the board notifies the Director of Employment Development that the full implementation of Title 21 (commencing with Section 100000) of the Government Code will proceed. Upon receipt of the notification from the board, the department shall immediately post on its Internet Web site a notice stating that this section is operative, and the date that it is first operative.
(g)
SEC. 37.
Section 1095 of the Unemployment Insurance Code is amended to read:1095.
The director shall permit the use of any information inSEC. 38.
Section 3301 of the Unemployment Insurance Code, as amended by Section 1 of Chapter 849 of the Statutes of 2018, is amended to read:3301.
(a) (1) The purpose of this chapter is to establish, within the state disability insurance program, a family temporary disability insurance program. Family temporary disability insurance shall provide up to six weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, grandparent, grandchild, sibling, or domestic partner, or to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption.SEC. 39.
Section 3301 is added to the Unemployment Insurance Code, to read:3301.
(a) (1) The purpose of this chapter is to establish, within the state disability insurance program, a family temporary disability insurance program. Family temporary disability insurance shall provide up to eight weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, grandparent, grandchild, sibling, or domestic partner, or to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption.SEC. 40.
Section 3301 of the Unemployment Insurance Code, as added by Section 2 of Chapter 849 of the Statutes of 2018, is amended to read:3301.
(a) (1) The purpose of this chapter is to establish, within the state disability insurance program, a family temporary disability insurance program. Family temporary disability insurance shall provide up toSEC. 41.
(a) Notwithstanding any other law, the Director of Employment Development may enter into contracts that implement the requirements of Section 3301 of the Unemployment Insurance Code, as amended, repealed, and added by Sections 38, 39, and 40 of this act, related to the family temporary disability insurance program.SEC. 42.
With regard to Section 33 of this act, the Legislature finds and declares all of the following:SEC. 43.
With regard to Sections 38, 39, and 40 of this act, the Legislature finds and declares all of the following:SEC. 44.
The sum of five million ($5,000,000) is hereby appropriated from the General Fund to the Division of Labor Standards Enforcement in the Department of Industrial Relations to administer a three-year program for outreach and education, pursuant to Section 1455 of the Labor Code, beginning in the 2019–20 fiscal year. This appropriation shall be available for encumbrance and expenditure until June 30, 2023, and for liquidation until June 30, 2024.SEC. 45.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.SEC. 46.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2019.