DISCRIMINATION, HARASSMENT AND RETALIATION

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1 2016 TABLE OF CONTENTS Discrimination, Harassment, and Retaliation...1 Benefits...6 Accommodations...7 Hiring and Employment Contracts...7 Arbitration...9 Brown Act...9 Public Records Act...11 Political Reform Act...12 Elections and Elected Officials Retirement...13 Public Safety...16 Digital Signatures...18 Privacy...18 Health and Safety...19 Workers Compensation...20 Tax Credits...20 Business and Facilities...21 Health Care...26 Legislative Roundup is published annually for the benefit of the clients of Liebert Cassidy Whitmore. The information in Legislative Roundup should not be acted on without professional advice.. Los Angeles Tel: San Francisco Tel: Fresno Tel: San Diego Tel: Sacramento Tel: Liebert Cassidy Whitmore The Legislative Roundup is a compilation of bills, presented by subject, which were signed into law and have an impact on the employment and employment related issues of our clients. Unless the bills were considered urgency legislation (which means they went into effect the day they were signed into law), bills are going into effect on January 1, 2017, unless otherwise noted. Urgency legislation will be identified as such. If you have any questions about your agency s obligations under the new or amended laws as outlined below, please contact our Los Angeles, San Francisco, Fresno, Sacramento or San Diego office and an attorney will be happy to answer your questions. DISCRIMINATION, HARASSMENT AND RETALIATION AB 1661 Requires Specified Officials to Receive Sexual Harassment Prevention Training and Education. AB 1661 requires local agency legislative body members and any elected local agency officials (collectively local agency officials ) who receive any kind of compensation, salary, or stipend in the performance of his or her duties, to receive sexual harassment prevention and education training. Under this bill, a local agency may also require any of its other employees to receive this training. Local agency officials and employees who are required to receive this training must receive at least two hours of sexual harassment prevention training and education within the first six months of taking office or commencing employment, and every two years thereafter. The training must include: 1. Information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against, and the prevention and correction of, sexual harassment and the remedies available to the victims of such harassment in the employment context; and 2. Practical examples aimed at instructing the official or employee in the prevention of sexual harassment, discrimination and retaliation. Local agencies must provide loca agency officials and employees required to take the training with written recommendations as to which courses will meet the training requirements, and must do so before the official or employee assumes a new position and every two years thereafter. Training must be provided by persons with knowledge and expertise in the prevention of sexual harassment, discrimination and retaliation. Training providers are required to give participants written documentation of proof of their participation. In order to meet the requirements of AB 1661, a local agency or an association lcwlegal.com

2 2 Legislative Roundup of local agencies may offer one or more training courses or sets of self-study materials with tests. Courses may be taken at home, in person, or online. Under AB 1661, local agencies must maintain the following records: 1. The dates the officials or employees satisfied the training requirement; and 2. The entity that provided the training. Records must be maintained for a minimum of five years following completion of the training. Such records are considered records subject to disclosure under the California Public Records Act. The requirements under AB 1661 are in addition to and do not supersede any other harassment training requirements. This includes the longstanding obligation to provide harassment training to supervisor employees under Government Code section (commonly known as AB 1825 supervisor harassment training ). This bill helps clarify that harassment training must also be provided to covered local agency officials, where there was some previous ambiguity as to whether they were required to undergo such training under AB Local agencies that have already had their covered local agency officials take harassment training in compliance with AB 1825 s requirements should already be in compliance with AB Local agencies that have not provided local agency officials with such harassment training should look to do so beginning in 2017 for current officials, within six months of taking office for new officials, and every two years thereafter while remaining in the covered position. (AB 1661 adds Article (commencing with Section 53237) to Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.) AB 1676 and SB 1063 Expand Labor Code to Prohibit Wage Differentials Based on Race and Ethnicity and Specify that Prior Salary Cannot, Standing Alone, Justify Disparities in Compensation. Labor Code section currently prohibits an employer from paying an employee wage rates less that rates paid to employees of the opposite sex for substantially similar work, when considering skill, effort and responsibility, and which is performed under similar working conditions. The law provides that wage differentials are permissible where payment is made pursuant to one or more of the following factors: a seniority system, a merit system, a system which measures earnings by quality or quality of product, or a differential based on a bona fide factor other than sex. Section was recently modified on January 1, 2016 to strengthen these equal pay protections as a part of last year s SB 358. SB 1063 now amends Section to also prohibit an employer from paying wage differentials based on a person s race or ethnicity for substantially similar work, in addition to the current protections based on a person s gender. The bill further specifies that wage differentials are permissible where payment is made pursuant to one or more of the following factors: a seniority system, a merit system, a system which measures earnings by quality or quality of product, or a differential based on a bona fide factor other than race or ethnicity. AB 1676 also amends Section to specify that prior salary cannot, by itself, justify a disparity in compensation based upon sex, ethnicity, or race. In enacting AB 1676, the Legislature found that there is evidence of problematic practices of seeking salary history from job applicants and relying on prior salary to set employees pay rates. These practices contribute to wage gaps by perpetuating wage inequalities. Employers should examine their current salary practices and potentially audit their current salaries to identify and remedy any salary discrepancies based on an employee s gender, race or ethnicity for job positions that perform substantially similar work. To the extent such discrepancies exist, employers should examine to what extent any such permissible factors for the wage differential exist or look to

3 remedy the issue to ensure compliance with this law. In addition, employers should also examine their practices and procedures for requesting an applicant s or employee s prior salaries when making employment decisions. If prior salary is a factor in an employer s salary decision, an employer should document in writing the factors it considered when determining the employee s salary. Employers may also want to consider drafting a written policy addressing salary determinations. Having this information in writing may help an employer defend against claims brought pursuant to Section (AB 1676 and SB 1063 amend Section of the Labor Code.) AB 2337 Requires that Employers Provide Notice to Employees Regarding Their Rights as a Victim of Domestic Violence, Sexual Assault or Stalking. Labor Code Section prohibits an employer from discharging, or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault or stalking, or for taking time off from work to seek medication attention resulting from related injuries, obtain counseling, participate in safety planning or obtain services from a domestic violence shelter, program or rape crisis center. However, Section does not create a right for an employee to take unpaid leave that exceeds, or is in addition to, unpaid leave allotments under the federal Family and Medical Leave Act (FMLA). Employees can file a complaint with the Labor Commissioner to address any alleged violations under Section 230.1, and to seek reinstatement, reimbursement for lost wages and work-related benefits, in addition to any appropriate equitable relief. AB 2337 amends Section to also affirmatively require that employers provide employees with written notice of their rights under Labor Code Sections 230 and This information must be provided to new employees upon hire and to other employees upon request. The bill authorizes the Labor Commissioner to develop a written notice by July 1, 2017, which employers may use to provide notice to their employees in compliance with this new law. An employer can also use its own notice, so long as it contains substantially similar content to the model notice prepared by the Labor Commissioner. Therefore, while AB 2337 technically goes into effect on January 1, 2017, employers will not be required to comply with its notice requirements until the Labor Commissioner posts the form on the Department s website which will occur at some point between now and July 1, LCW will be tracking the Labor Commissioner s efforts in producing a written notice and will provide additional information through our publications once this written notice becomes available. (AB 2337 amends Section of the Labor Code.) SB 1001 Prohibits Employers from Requesting Specified Documents Relating to an Applicant or Employee s Immigration Status. Federal law prohibits the bringing in and harboring of aliens, including doing so in the context of employment. Federal law also requires employers to verify the immigration status of employees and applicants through the use of a federal I-9 form. SB 1001 makes it unlawful for an employer to take certain actions above and beyond their legal obligation under federal law to verify the immigration status of employees and applicants, including: (A) Request more or different documents than permitted pursuant to federal law; (B) Refuse to honor documents that on their face reasonably appear to be genuine; (C) Refuse to honor documents or work authorization based upon the specific status or term of status that accompanies the authorization to work; and (D) Attempt to reinvestigate or re-verify an incumbent employee s authorization to work. An employee or applicant for employment who is subjected to one of these unlawful practices, or a representative of that employee or applicant, may file a complaint with the Division of Labor Standards Enforcement pursuant to Section 98.7 of the Labor

4 4 Legislative Roundup Code. An employer who is found to be in violation of SB 1001 s provisions may be assessed up to a $10,000 penalty per violation and may also be liable for equitable relief. Employers should be careful to only follow their legal obligations to verify an applicant s or employee s work authorization as provided through the use of the I-9 form. To the extent that an employer is concerned whether an applicant or employee has provided proper documentation to establish their authorization to work in the United States, the employer should seek legal counsel to determine the best approach to address such concerns. (SB 1001 adds Section to the Labor Code.) SB 1442 Transfers Responsibility for Enforcing Fair Employment and Housing Act Discrimination Regulations Solely to the Department of Fair Employment and Housing. California s Fair Employment and Housing Act (FEHA), prohibits discrimination against, or granting preferential treatment, to any individual or group on the basis of race, sex, color, ethnicity, national origin, and other protected classifications in the operation of employment, housing and eligibility for government programs and services. While the Department of Fair Employment and Housing (DFEH) is the main state agency that enforces and promulgates regulations to enforce FEHA, there are a handful of other state agencies that also currently have authority to promulgate regulations under FEHA, including California s Health and Human Services Agency and most other state departments. SB 1442 removes the requirement that state agencies promulgate their own regulations under FEHA, and reorganizes all such authorities to fall under the Department of Fair Employment and Housing (DFEH). The DFEH will now be tasked with investigating and enforcing all of these antidiscrimination provisions prohibited under FEHA, whether of not the DFEH originally promulgated the regulations. (SB 1442 repeals Section 261 of the Education Code, amends Sections 11135, 11136, 11137, 11139, 12930, and of, adds Section to, adds Chapter 18 (commencing with Section 7400) and Chapter 18.1 (commencing with Section 7405) to Division 7 of Title 1 of, and repeals Sections 11138, , , , and of, the Government Code, relating to discrimination.) WAGE AND HOUR AB 2899 Requires an Employer, as a Condition of Filing a Writ to a Labor Commissioner s Ruling for Unpaid Wages, to Post a Bond in the Amount Equal to the Total Amount of Minimum Wages, Liquidated Damages and Overtime Compensation Due to Employees. Under current law, an employer who violates state or local minimum wage laws will be assessed civil penalties, restitution of wages, liquidated damages, and other applicable penalties, upon the issuance of a citation by the Labor Commissioner that such laws have been violated. An employer may contest the Commissioner s citation by requesting a hearing before the Commissioner. If the Labor Commissioner finds an employer is found to have violated these minimum wage laws, the employer may file a petition for writ of mandate in the Superior Court. AB 2899 requires an employer who files a petition for writ of mandate to first post a bond with the Labor Commission equal to the total amount of any minimum wages, liquidated damages, and overtime compensation determined to be owed to an employee or employees as a result of the Labor Commissioner s decision. The required bond amount does not include amounts for civil or other penalties that may be assessed against the employer. If the employer fails to pay the amount of minimum wages, liquidated damages, or overtime compensation owed within 10 days of the entry of judgment, dismissal or withdrawal of writ before the Superior Court, or if the execution of a settlement agreement of the matter occurs otherwise, a portion of the bond, or the entire bond if the amount owed exceeds the bond, will be forfeited to the employee or employees.

5 The Labor Commissioner has very limited jurisdiction over public agencies. For general law cities, special districts, and In-Home Support Service (IHSS) workers, the State minimum wage ($10.50/ hour, effective Jan. 1, 2017) does apply. To the extent such a covered agency does not pay at least the State minimum wage for all hours worked, an employee may potentially be able to file a claim with the Labor Commissioner under the procedure noted above. However, all counties and charter cities are not covered by the State minimum wage and this would not apply to them. In addition, California law governing overtime compensation does not apply to public agencies. (AB 2899 amends Section of the Labor Code.) SB 3 Increases the Minimum Wage and Provides Paid Sick Leave to In-Home Support Service Providers. Currently, California s minimum wage is $10/hour. The new law will increase this amount beginning on January 1, 2017 and each year thereafter as follows: On January 1, 2017, the minimum wage will increase to $10.50 per hour. On January 1, 2018, the minimum wage will increase to $11 per hour. On January 1, 2019, the minimum wage will increase to $12 per hour. On January 1, 2020, the minimum wage will increase to $13 per hour. On January 1, 2021, the minimum wage will increase to $14 per hour. On January 1, 2022, the minimum wage will increase to $15 per hour. Employers with 25 or fewer employees will have the implementation of the above schedule of wage increases delayed at each step by one year. For example, the increase in the minimum wage from $10/hour to $10.50/hour for employers with 25 or fewer employees will not take effect until January 1, During this phase-in period up to the state minimum wage of $15/hour, the annual increase may be temporarily delayed by the Governor where certain specified economic or state budgetary reasons exist as certified by the Director of Finance. After the State minimum wage reaches $15/hour, the minimum wage will be adjusted on an annual basis by the Director of Finance based on a specific formula based off a version of the consumer price index (CPI). The state minimum wage applies to general law cities, special districts, and In-Home Support Service (IHSS) providers. However, there is legal authority which indicates that all counties and charter cities are not covered by the state minimum wage based on their constitutional authority to set employee compensation. SB 3 also extends the California Paid Sick Leave law to now apply to in-home support service (IHSS) providers, beginning on July 1, 2018 as follows: Eight (8) hours or one day of sick leave per year beginning July 1, Sixteen (16) hour or two days of sick leave per year beginning when the state minimum wage reaches $13/hour (currently scheduled for January 1, 2020). Twenty-four (24) hours or three days of sick leave per year beginning when the state minimum wage reaches $15/hour (currently scheduled for January 1, 2022). Public employers subject to the state minimum wage should examine and audit their hourly wages to ensure that they are in compliance with the state minimum wage and to put procedures into place to examine this on an annual basis. (SB 3 amends Sections 245.5, 246, and of the Labor Code.)

6 6 Legislative Roundup BENEFITS AB 908 Amends the Formula for Calculating Weekly Disability (SDI) and Paid Family Leave (PFL) Compensation Benefits and Repeals the 7-Day Waiting Period for Receipt of PFL Benefits. California s disability law establishes a formula for determining benefits available to a qualified individual with a disability (State Disability Insurance SDI ) and for qualified individuals who are eligible to receive family temporary disability insurance benefits (Paid Family Leave PFL ). Under existing law, in order to determine the amount of weekly SDI or PFL benefits (the weekly benefit amount ) available to a qualified individual, the formula looks to the individual s quarterly base wages and then takes a percentage and multiplier of those wages. Generally speaking, SDI and PFL benefits are 55% of an employee s quarterly base wages. AB 908 modifies the formula used to calculate the weekly benefit amount for SDI and PFL benefits as follows: The wage replacement rate for those who make up to 33% of the California average weekly wage will increase from 55% to 70% of the employee s quarterly base wages; and The wage replacement rate for those who make more than 33% of the California average weekly wage will increase from 55% to 60% of the employee s quarterly base wages. An individual s maximum weekly benefit amount under either SDI or PFL remains the same and shall not exceed the maximum workers compensation temporary disability indemnity weekly benefit amount pursuant to Labor Code section This new formula will go into effect on January 1, 2018 and remain effective through December 31, 2021, at which point the law will revert back to the current formula. Existing law also provides that an individual is deemed eligible for PFL benefits only after a 7-day waiting period. AB 908 removes the 7-day waiting period, beginning January 1, AB 908 should not substantively affect any employer policies regarding SDI or PFL benefits as these are benefit programs administered by the California Employment Development Department (EDD). It is important to remember that SDI and PFL are benefit programs provided by the EDD and do not alone create any legal obligation to provide a leave of absence to an employee whose absence would otherwise establish eligibility for such benefits. Any such leave of absences such as FMLA/CFRA, PDL, etc. would be governed by separate state and federal laws or as contractually provided through an employer s own policies. Not all public agencies have opted in to the SDI and/ or PFL benefit programs. Therefore, employees of such public agencies would not be entitled to these benefits. (AB 908 amends Section 2655 of, amends, repeals and adds Section 3303 of, and adds and repeals Section of the Unemployment Insurance Code.) AB 2886 Extends Deadlines to Appeal Employment Development Department Disability (SDI) and Paid Family Leave (PFL) Compensation Determinations. Under the Employment Development Department s (EDD) disability compensation program, a person may apply for partial compensation for lost wages where qualified under the State Disability Insurance (SDI) or for Paid Family Leave (PFL) benefits programs. Once an individual ( claimant ) files a claim for SDI or PFL benefits, the EDD must determine the claimant s eligibility for and level of benefits and notify the claimant of the determination. A claimant may appeal all of the following determinations related to SDI or PFL benefits: 1. His or her eligibility for benefits; 2. The denial of a request to compute or re-compute the level of benefits; or 3. The determination that the EDD has overpaid benefits made to the claimant. Current law permits a claimant to appeal such determinations to an administrative law judge. An appeal must be filed within 20 days from the mailing or personal service of the notice of determination, unless good cause is shown.

7 AB 2886 amends the timeline for appeal as follows: Through March 1, 2018, a claimant who appeals a determination within 30 days from the mailing or personal service of the determination will automatically be determined to have shown good cause to extend the 20-day appeal period. On or after March 1, 2018, AB 2886 extends the appeal period overall to 30 days, unless good cause is shown. The only major impact for employers is that employees who receive or who applied to receive SDI or PFL benefits will have a greater amount of time to appeal to the EDD regarding any issues related to their determination of benefits. Such issues should not generally impact an employer s operations. (AB 2886 amends, repeals and adds Sections , , and 2737 of, adds Section to, and adds and repeals Sections and of the Unemployment Insurance Code.) ACCOMMODATIONS AB 1709 Replaces the Term Hearing Impaired with the term Hard of Hearing in Various Codes. Existing law, including the Code of Civil Procedure, and Evidence, Government, Health and Safety, Penal and Unemployment Insurance Codes uses the term hearing impaired to describe deaf or hard-ofhearing individuals. AB 1709 replaces the term hearing impaired with the term hard of hearing in these various codes. According to the bill s author, while AB 1709 does not make substantive changes to the law, it is particularly significant to the Deaf community because it removes a term seen by many as pejorative from state law.... This bill reflects the growing movement, and updates California law to reflect a term embraced by the Deaf community, consistent with the State s inclusive values. As a result, most employers will not see any significant changes as a result of this new law, but should be aware of terminology used in their own policies and procedures in reference to describing deaf or hardof-hearing individuals. (AB 1709 amends Sections 54.1 and 54.2 of the Civil Code, Section 224 of the Code of Civil Procedure, Sections , , and of the Education Code, Sections 754 and of the Evidence Code, Sections 8593, , 8840, 8841, 53112, , and of the Government Code, Sections 1259, , , and of the Health and Safety Code, Section of the Penal Code, Sections 2881, , , and of the Public Utilities Code, Sections 11000, 11003, and of the Unemployment Insurance Code, and Sections 10559, 10620, 10621, 10622, 10624, and of the Welfare and Institutions Code.) HIRING AND EMPLOYMENT CONTRACTS AB 1843 Prohibits Employers from Inquiring into a Job Applicant s Juvenile Offense History. Labor Code section currently prohibits employers from inquiring with an employment applicant or current employee information about that applicant or employee concerning an arrest or detention that did not result in conviction, information related to participation in a pretrial or posttrial diversion program, or information concerning a conviction that has been judicially dismissed or ordered sealed under specified Penal Code sections. Applicants for or employees in peace officer or other criminal justice agency job positions are not covered under Section AB 1843 extends Section s prohibitions to also include information regarding an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the applicant was under the jurisdiction of the juvenile court ( juvenile offense history ) as applied to an applicant or current employee. This includes a prohibition on the use of an applicant s or employee s convictions that are part of his or her juvenile offense history. However, a health facility may inquire into an applicant s juvenile offense history if the applicant was found to have committed a felony or misdemeanor under Pe-

8 8 Legislative Roundup nal Code Section 290 (Sex Offender Registration Act) or Health and Safety Code Section (Controlled Substances Offenders Act), that occurred within five years preceding submission of the employment application, and: (a) The applicant is applying for a position with regular access to patients, or (b) The applicant is applying for a position with access to drugs and medication. An employer seeking disclosure of an offense specified above must provide the applicant with a list describing the specific offenses under Penal Code Section 290 or Health and Safety Code Section for which it is seeking disclosure. However, under no circumstances may a health facility employer inquire into an applicant s juvenile offense history if it has been sealed by the juvenile court. This bill clarifies that employers cannot use an applicant s or employee s juvenile offense history in making employment decisions, except for the limited exceptions provided to health facility employers. However, applicants for or employees in peace officer or other criminal justice agency job positions are still not covered under Section 432.7, and AB 1843 does not apply to such job positions. Employers should review their policies to ensure that juvenile offense history is not being considered in employment decisions in accordance with AB (AB 1843 amends Section of the Labor Code.) AB 2532 Repeals State Law Requirement to Verify Work Authorization Eligibility for Employment to Qualify for Job Placement Services. Under existing state law, a state or local government agency or any private organization that contracts with a state or local government agency for the provision of employment services such as job training, retraining or placement, must verify an individual s legal immigration status or authorization to work before providing such services to that individual, as required by the federal Immigration and Reform Control Act of 1986 (IRCA). State law also requires such agencies or private organizations post a notice in the work place stating that only citizens or those persons legally authorized to work in the United States may take advantage of these employment services. AB 2532 repeals these requirements as they are preempted by the federal ICRA and are most likely not enforceable under state law. This law does not modify or change in any way an employer s obligations under federal law to verify that an employee is authorized to work in the United States (as conducted through the use of an I-9 form). (AB 2532 repeals sections and of the Unemployment Insurance Code.) SB 1241 Prohibits an Employer from Requiring an Employee, as a Condition of Employment, to Enter into a Contract Requiring that Employee to Adjudicate Specified Claims Outside of California. SB 1241 prohibits an employer from requiring an employee who lives and works in California to agree as a condition of employment to a provision that would do either of the following: 1. Require the employee to adjudicate outside of California a legal claim arising in California; or 2. Deprive the employee of the substantive protection of California law with respect to any such legal controversy arising in California. A contract that violates these prohibitions is voidable at the request of the employee, meaning that an employee must affirmatively make a request to render such a contract provision void. If a contract provision is rendered void, the matter will be adjudicated in California under California law. This includes both litigation in a court of law and private arbitration. In addition to injunctive relief and any other remedies available, a court may award an employee who is enforcing his or her rights under this law reasonable attorney s fees. These provisions apply to contracts entered into, renewed, or modified on or after January 1, However, the bill s requirements do not apply to a contract with an employee who was individually represented by legal counsel at the time he or she entered into the contract and that legal counsel assisted in negotiating the venue, forum and choice of law provisions of the contract.

9 Practically speaking, SB 1241 now prohibits employment contracts or other conditions of employment for California employees that require the venue, forum and choice of law provisions to be another jurisdiction other than California. (SB 1241 adds Section 925 to the Labor Code.) look to review their policies to ensure that the proper procedure is followed for requesting a certified shorthand reporter. (SB 1007 adds Section to the Code of Civil Procedure.) ARBITRATION SB 1007 Permits Any Party to an Arbitration to Request a Certified Shorthand Reporter. SB 1007 permits any party to an arbitration of a matter to have a certified shorthand reporter transcribe any deposition, proceeding, or hearing. A resulting transcript will be deemed the official record of the deposition, proceeding or hearing. A party who wishes to request a certified shorthand reporter must make his or her request either: (a) In a demand for arbitration, or a response, answer or counterclaim to a demand for arbitration; or (b) At a pre-hearing scheduled conference at which a deposition, proceeding or hearing is being calendared. If an arbitration agreement does not provide for a certified shorthand reporter, the party requesting the transcript will incur the expense. If an arbitrator refuses to allow a requesting party to have a certified shorthand reporter at any deposition, proceeding, or hearing, the requesting party may petition the court for an order to compel the arbitrator to grant the request. Such a petition may include a request for an order to stay any deposition, proceeding or hearing related to the arbitration pending the court s determination of the petition. SB 1007, however, does not add grounds for vacating or correcting an arbitration award pursuant to Code of Civil Procedure section BROWN ACT AB Requires Local Legislative Bodies that Limit Time for Public Comment to Provide at Least Twice the Allotted Time to a Member of the Public Who Utilizes a Translator. Under the Brown Act, the legislative body of a local agency must provide an opportunity for public comment before or during a legislative body s consideration of an item on its published agenda. However, a legislative body may place reasonable limitations on the length of time allocated for public comment for each individual speaker. AB 1787 requires a legislative body that limits time for public comment to provide at least twice the allocated time to a member of the public who utilizes a translator. This new requirement is implemented in order to ensure that non-english speakers receive the same amount of time to directly address the governing body. The requirement, however, does not apply to a legislative body that utilizes translation equipment that allows the legislative body to hear the translated testimony simultaneously. Local agencies will want to make sure and notify covered legislative bodies of this requirement and adjust any public comment time limits procedures accordingly when a member of the public utilizes a translator while providing public comment. (AB 1787 amends section of the Government Code.) For employers who have policies providing for arbitration proceedings related to certain disputes (e.g., disciplinary appeals, grievances), they should

10 10 Legislative Roundup AB 2257 Amends the Brown Act to Require a Local Agency to Post on the Homepage of its Website all Meeting Agendas of the Agency s Legislative Body. The Brown Act requires the legislative body of a local agency to post, at least 72 hours before a regular meeting of that legislative body (or 24 hours before a special meeting), an agenda containing a brief and general description of each item of business to be transacted or discussed at a regular meeting. The agenda must be posted in a location that is freely accessible to members of the public. The Brown Act also requires that the agenda or notice be freely accessible to members of the public and be posted on the local agency s website. Beginning with meetings occurring on and after January 1, 2019, AB 2257 amends the Brown Act to require a local agency to post on the primary homepage of its website, the agenda for regular and special meetings of a covered legislative body. The link on the local agency website homepage must be a direct link to the current agenda. The direct link cannot be solely placed in a contextual menu, on the homepage that would otherwise require a user to search for the link. In addition, the online posting of the covered legislative body s agency must be posted in an open format that meets the following requirements: (a) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications; (b) Platform independent and machine readable; and (c) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda. Unfortunately, AB 2257 does not specifically define what open format terms will satisfy this obligation. We therefore recommend that agencies work with their information technology (IT) departments to assist them in determining whether their websites are in compliance with these new requirements. A local agency with a website and an integrated agenda management platform ( Platform ) that is dedicated to providing the entirety of the agenda information for the covered legislative body of the agency will not be required to comply with this new law if all of the following requirements are met: (a) A direct link to the Platform is posted on the agency s primary website and not formatted as a contextual menu. When a person clicks on the direct link to the Platform, the direct link must take the person directly to a website with the agendas of the legislative body, and (b) The current agenda of the legislative body is the first agenda available at the top of the Platform. However the Platform may also contain prior agendas. AB 2257 s new provisions do not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state. AB 2257 will have a major impact on local agencies, but is unfortunately vague in terms of how local agencies can satisfy some of its obligations, as explained above. Fortunately, local agencies have two years until January 1, 2019 to prepare for this law before it will go into effect. Local agencies that have a webpage on the internet should begin reviewing and revising their current practices to prepare for the implementation of this new law. LCW will provide updates on the interpretation of AB 2257 s provisions as they become available. (AB 2257 amends Section of the Government Code.) SB 1436 Requires the Legislative Body of a Local Agency to Provide a Summary Report of Executive Compensation Recommendations Before Taking a Final Action. The Brown Act allows a local agency s legislative body to hold a closed session regarding the salaries, salary schedules or fringe benefits of its represented and unrepresented employees, including its local agency executives. A local agency executive is a person employed by the local agency that is not subject to the Meyers-Milias-Brown Act and is either: (a) The chief executive officer, a deputy chief executive officer, or an assistant chief executive

11 officer of the local agency; (b) The head of a department of a local agency; or (c) A person whose position within the local agency is established through an employment contract with the local agency. While a legislative body may discuss salaries, salary schedules or compensation in closed session, the Brown Act requires that any final action or vote taken on salaries, salary schedules or compensation of a local agency executive must occur in open session. SB 1346 amends the Brown Act to require a legislative body to orally report out to the public a summary of the recommendation made by the agency s designated representatives regarding any final action on the salary, salary schedule or fringe benefits to be paid to a local agency executive. The oral report must take place during the open session meeting in which the final action is to take place. The main impact of SB 1436 is that it will most likely limit an agency s ability to approve any changes to salary, salary schedule or fringe benefits for a local agency executive as part of a consent calendar, and instead will require such approval to be a separate agenda item unless an agency can otherwise satisfy the oral report requirement of this law. Local agencies should review their approval procedures for changes to compensation for covered local agency executives in order to comply with this new law. (SB 1436 amends Section of the Government Code.) PUBLIC RECORDS ACT AB 2843 Extends Exemptions from the Disclosure of Personal and Emergency Contact Information under the California Public Records Act to All Public Agency Employees. The California Public Records Act (CRPA) includes exemptions from the definition of public record the home addresses and home telephone numbers of state agency, school district and county office of education employees. However, this exemption from the disclosure of home address and home telephone numbers has not expressly extended to other public employees, requiring local agencies to raise the catch-all exemption under Government Code section 6255 to preclude disclosure of such information. AB 2843 modernizes this CPRA exemption precluding the disclosure of home address and home telephone number information to apply to all public employees. In addition, the bill also exempts the disclosure of a public employee s cell phone number and birthday from the definition of public record. However, this information may still be disclosed to specified individuals or groups on a limited basis as provided under the CPRA. AB 2843 also modifies the CPRA exception allowing an exclusive bargaining agent or labor organization seeking representations rights the ability to obtain names, address, and telephone numbers of inhome support services providers to clarify that this includes both home telephone and personal cell phone numbers. (AB 2843 amends Sections and of the Government Code.) AB 2853 Permits a Public Agency to Direct a Person, Who Makes a Public Records Request, to the Agency s Website Where the Records Are Posted. The California Public Records Act requires a public agency to permit the inspection of any public record during the agency s office hours. Persons requesting to inspect public records may also request copies of public records, upon the payment of specified fees. AB 2853 permits an agency to comply with the Act s inspection requirement by posting any public record on its website, and in response to the request for a public record, directing the person requesting such records to the location on the agency s website where the public record is posted. If, however, the person making the records request subsequently asks for a copy of the record because he or she cannot access or reproduce the record posted online, the agency is obligated to produce a hard copy of the record.

12 12 Legislative Roundup AB 2853 balances both government transparency and the efficient use of limited public resources by making it possible for agencies to more quickly and cost effectively respond to public records requests. (AB 2853 amends Section 6253 of the Government Code.) SB 441 Exempts from Disclosure Under the California Public Records Act Specified Information Regarding Agency Vendors and Contractors. SB 441 expressly exempts from disclosure under the California Public Records Act (CPRA) an identification number, alphanumeric character or other unique identifying code that an agency uses to identify a vendor or contractor, or an affiliate of a vendor or contractor, unless the number, character or code is used in a public bidding or an audit involving that agency. SB 441 is intended to balance the public s right to access relevant information about contractors and vendors under the CPRA with the need to prevent the misuse of such identification information in an effort to defraud the agency. from the separate bank account. Public resources include, but are not limited to cash, land, buildings, facilities, funds, equipment, and supplies owned by a local agency. Failure of a nonprofit organization to follow these reporting requirements may result in a civil penalty of up to $10,000 that can be imposed by a local District Attorney or the Attorney General. However, nonprofits that qualify for taxexempt status under Section 501(c)(3) of the Internal Revenue Code ARE NOT covered under this law. AB 2318 recodifies these provisions to now fall within the Political Reform Act of 1974, and now have the Fair Political Practices Commission (FPPC) be responsible for the administration and enforcement of these provisions instead of the FTB. As a result, a reporting nonprofit organization must make the reports, as referenced above, to the FPPC instead of the FTB. The FPPC is also now authorized to assess civil penalties for violations of these provisions, in addition to a local District Attorney or the Attorney General. (AB 2318 amends Section of, and adds Section to, and repeals section of, the Government Code.) (SB 441 adds Section to the Government Code.) POLITICAL REFORM ACT AB 2318 Recasts Provisions Regarding the Reporting of a Nonprofit Organization s Campaign Activities Under the Political Reform Act of Existing law prohibits a nonprofit organization, or an officer, employee, or agent of a nonprofit organization from using public resources received from a local agency for campaign activities. For such nonprofit organizations where more than 20% of their annual gross revenue comes from public resources, they must deposit into a separate bank account all funds used to pay for campaign activities. Reporting nonprofits must also report certain campaign activities to the Franchise Tax Board (FTB), including the identity and amount of the specific sources of funds it receives for campaign activities, a description of the campaign activity, and the identity and amount of payments the organization makes ELECTIONS AND ELECTED OFFICIALS AB 2389 Authorizes the Governing Body of a Special District to Move to District-based Elections without Submitting a Resolution to Voters for Approval. The governing body members of a special district are elected by voters within the district s jurisdiction. Voters elect a special district s governing body through either an at-large or district-based election system. Whether a governing body is elected atlarge or by district is generally determined by the language of the statute creating the special district. In the event that a district wishes to change from an at-large to district-based election system, current law requires the district to submit to the voters for approval an ordinance or resolution providing for the election of the governing body s members by district.

13 AB 2389 instead permits a governing body of a special district to require, by resolution, that members of its governing body be elected using district-based elections without being required to submit the resolution to voters for approval. A resolution adopted pursuant to this provision must include a declaration that the change in the method of electing members of the governing body is being made in furtherance of the purposes of the California Voting Rights Act of For purposes of this law, a special district does not include a school or community college district, special assessment district or district with appointed members of its governing body. (AB 2389 amends Section of, and adds Part 5.5 (commencing with Section 10650) to Division 10 of, the Elections Code.) SB 1107 Permits the Use of Public Funds in Political Campaigns and Requires Officeholder Convicted of Certain Felonies to Forfeit Campaign Funds Into the General Fund. The Political Reform Act of 1974 currently prohibits all counties, general law cities, public districts, and the state itself from permitting any option to offer public funding to electoral campaigns. Only charter cities have separate constitutional authority to implement such a campaign. However, SB 1107 attempts to enact an exception to current statutory prohibitions and now permit a public officer or candidate for office to accept public monies for the purpose of seeking elective office if the following criteria are satisfied: 1. The state or a local governmental entity establishes a dedicated fund for such a purpose by statute, ordinance, resolution or charter; 2. The public monies that are held in the fund are available to all qualified candidates without regard to incumbency or political party; and 3. The state or local governmental entity has established criteria for determining a candidate s qualification for office by statute, ordinance, resolution or charter. However, this bill does not obligate a covered local agency to institute public funding of electoral candidates, but rather provides a mechanism for implementing such a program as decided by such a local agency. On a separate issue, SB 1107 further limits an public officeholder, who is convicted of a felony involving bribery, embezzlement of public money, extortion or theft of public money, perjury or conspiracy to commit any of these crimes, and whose conviction for the felony is final, from using funds held by the officeholder s candidate controlled committee except for the following purposes: 1. The payment of outstanding campaign debts or elected officer s expenses; and 2. The repayment of contributions. Six months after the officeholder s conviction becomes final, the officeholder must forfeit any remaining funds to the State s General Fund. (SB 1107 amends Section amends Section of, and adds Section to, the Government Code.) RETIREMENT AB 2028 Provides that CalPERS Members Who Are Involuntary Terminated and Subsequently Reinstated to Employment May Recover Service Credit and Compensation Earnable for Any Period for Which Salary is Awarded Upon Reinstatement. AB 2028 permits CalPERS members who were involuntary terminated from employment on or after January 1, 2017, and subsequently reinstated pursuant to an administrative, arbitral or judicial proceeding (hereafter a proceeding ) to receive service credit and compensation earnable as though they were never terminated. The reinstatement of these benefits will be effective as of the date from which retroactive salary is awarded in the proceeding. AB 2028 addresses a gap in existing law, where state employees who have been subject to an involuntary termination that is subsequently overturned receive service credit retroactively.

14 14 Legislative Roundup However, such a mechanism did not, until AB2028, apply to employees of a CalPERS contracting local agency or school. Additionally, existing law allows all CalPERS members who retired after an involuntary termination and were subsequently reinstated to their employment to receive retroactive benefits. Once again, CalPERS school members and contracting local agency members who do not retire after involuntary terminations are not currently eligible to receive retroactive benefits if their terminations are reversed and they are reinstated. Under AB 2028, contributions to the system must be made for any period for which salary is awarded in the proceeding in the amount that the CalPERS member would have contributed had his or her employment never been terminated. Finally, AB 2028 requires employers to notify CalPERS of a final decision ordering reinstatement within five days of the decision becoming final. That notice must include the date of involuntary termination, the date on which the employee was reinstated, and any additional information CalPERS may require to implement the bill. (AB 2028 adds Section to the Government Code.) AB 2404 Amends the Optional Settlements Available to PERS Members Who Retire On or After January 1, Under the Public Employees Retirement System (PERS), a CalPERS member may currently elect among several optional settlements for the purpose of structuring his or her retirement allowance so that a named beneficiary receives a portion of such an allowance upon the member s death. Because the several current optional settlements created confusion among CalPERS members, AB 2404 tries to simplify this process. AB 2404 limits the application of the current optional settlements to members who retire on or before December 31, For those members who retire on or after January 1, 2018, AB 2404 revises and recasts the optional retirement settlements as follows: (a) Option 1 - ( Return of Remaining Contributions Option 1 ): Includes the right to have a retirement allowance paid to a member until his or her death. If the member dies before he or she receives their amount of accumulated contributions at retirement, the balance will be paid to the member s beneficiaries at the time of the member s death. (b) Option 2 - ( 100 Percent Beneficiary Option 2 ): Includes the right to have a retirement allowance paid to a member until his or her death. Thereafter, the same monthly allowance is paid to the member s named beneficiary for life, with specified limitations. If the beneficiary predeceases the member or the beneficiary is a spouse and the marriage is dissolved, the member s allowance will be adjusted accordingly. (c) Option 3 - ( 50 Percent Beneficiary Option 3 ): Includes the right to have a retirement allowance paid to a member until his or her death, and thereafter to have one-half of the member s monthly allowance paid to his or her named beneficiary for life, with specified limitations. (d) Option 3 with a secondary option ( 50 Percent Beneficiary Option 3 with Benefit Allowance Increase ): Includes the same rights under Option 3 above, but if the beneficiary predeceases the member or the beneficiary is a spouse and the marriage is dissolved, the member s allowance will be adjusted accordingly. (e) Option 4 - ( Flexible Beneficiary Option 4 ): Includes the right to have a retirement allowance paid to a member until his or her death, and thereafter to have a monthly allowance paid to his or her named beneficiary for life. Under this option, the member may specify a specific dollar amount or percentage of the member s allowance to be paid to the beneficiary. (AB 2404 amends Sections 21356, 21357, 21385, 21450, 21451, 21452, 21453, 21454, 21455, 21456, 21457, 21458, 21459, 21460, 21461, , 21462, 21463, 21464, 21465, 21492, 21503, 21504, 21505, 21530, 21547, , 21548, 21604, 21625, 21628, 21629, 21630, 21631, 21632, 21633, 21752, 75070, 75071, 75073, 75094, 75522, 75570, 75571, 75573, and 75590, amends the heading of Article 6 (commencing with Section 21450) of Chapter 13 of Part 3 of Division 5 of Title 2 of, adds Sections , , , and

15 to, and adds Article 7 (commencing with Section 21470) to Chapter 13 of Part 3 of Division 5 of Title 2 of, the Government Code.) AB 2375 Makes Various Revisions to the Public Employees Retirement System. AB 2375 is an omnibus bill that includes several different revisions to the law in various codes. Among those, AB 2375 amends the Public Employees Retirement Law (PERL) as follows: 1. Existing law authorizes the CalPERS Board of Administration (Board) to charge interest against a contracting agency on the amount of a payment due to CalPERS, until payment is received. Currently, the interest charged is based on an actuarial interest rate. AB 2375 instead permits the Board to charge interest at the greater of the: a. Annual return on the System s investments for the year prior to the year in which payments are not timely made; or b. An annual interest rate of 10 percent. 2. In addition to the interest obligations set forth above in (1), AB 2375 permits the Board to assess a penalty of 10 percent against a contracting agency that fails to pay in full any installment of contributions due for a period of at least three months. The 10 percent penalty may be assessed on the principal and interest accrued. The Board may assess such a penalty once during every 30- day period. The Board may also assess against the contracting agency the costs of collection, including reasonable legal fees and litigation costs. 3. Under existing law, the Board may terminate a local agency contract if the agency fails to pay contributions within a specified period of time. If the Board takes such action, existing law further authorizes the Board to merge a terminated plan into a terminated agency pool without benefit reduction, or with a lesser reduction, if the Board has made all reasonable efforts to collect the amount necessary to fund the plan s liabilities and if it finds that the merger will not impact the actuarial soundness of the terminated agency pool. AB 2375 provides that instead of granting the Board authority to merge the terminated plan into a terminated agency pool, the Board may instead simply elect not to impose a reduction on a plan, or to impose a lesser reduction. 4. Extends PERL provisions that permit parttime certificated employees of a school district to receive full-time service credit if specified conditions are met, to academic employees of a community college. 5. Requires the payment of interest on preretirement and post-retirement death allowances or lump-sum benefits to be assessed at the default interest rate established in Section 1 of Article XV of the California Constitution. 6. Existing law currently requires a surviving domestic partner to be treated in the same manner as a surviving spouse for purposes of postretirement survivor s allowances. AB 2375 would further require that an individual who is the same gender as the PERS member be treated in the same manner as a surviving spouse for postretirement survivor s allowances if specified conditions are met. AB 2375 also makes changes to an employer s obligations under the Public Employees Medical and Hospital Care Act (PEMHCA). Under existing law, upon the death of specified firefighters and peace officers whose death arose out of the performance of his or her job duties, PEMHCA permits a surviving spouse or other eligible family member, if uninsured, to gain annuitant status for purposes of receiving benefits under PEMHCA. This law requires an employer to notify the Board within 10 business days of the death of the firefighter or peace officer if a spouse or family member may be eligible for enrollment. AB 2375 adds to this requirement that an employer must also notify the Board of any updated contact information of the surviving spouse or family member. (AB 2375 amends Section of the Education Code, and amends Sections 7502, 7504, 7507, , 20034, 20035, , 20037, , , , , , , , , , 20229, 20537, 20572, , 20578,

16 16 Legislative Roundup 20638, 20900, 21499, , and of, and repeals and amends Sections and of, the Government Code.) SB 294 Requires Employers to Disclose Specified Information about Retiree Service Credit to Employees Absent Due to Military Service. The Public Employees Retirement Law (PERL) requires a contracting agency to to contribute an amount equal to the contribution that would have been made by the employer and employee during his or her qualifying military leave of absence upon reinstatement from such leave. The contracting agency s contribution is based on the employee s compensation earnable and contribution rates in effect at the commencement of leave. In addition to a contracting agency s current obligations outlined above, SB 294 will now further require a contracting agency to inform an eligible employee returning from leave of the employee s rights regarding his or her entitlement to receive service credit for his or her military service. A contracting agency must provide the employee with this notice within 30 days of his or her return to agency service, along with a form that the member can fill out to receive such service credit. The form must clearly state that the employee has no obligation to pay for any portion of the employer contribution. The PERL also provides that employees may elect at any time prior to retirement, to purchase service credit for specified service in the military that was completed prior to the time the employee was first employed by the contracting agency. SB 294 will now require a contracting agency to inform a new employee at the time of hire of his or her rights to purchase service credit for such military service. (SB 294 amends Sections 19780, 20997, 21024, and of the Government Code.) SB 1203 Permits a Joint Powers Authority (JPA) to Provide Former Member Agency Pension Benefits to Specified Employees Who Worked for the Member Agency Before the Formation of the JPA. SB 1203 authorizes a joint powers authority (JPA) formed on or after January 1, 2013, and formed under the Joint Exercise of Powers Act, to provide CalPERS classic employees of that JPA with the defined benefit plan or formula that those classic employees received from their respective employers prior to the JPA s formation. A JPA may only make such benefits available if at least one JPA member agency provided defined benefit pension plans benefits to its employees on or before December 31, A JPA s authority to provide classic employees with their former defined benefit plans or formula is limited to those employees who were: 1. Not new members under Public Employees Pension Reform Act of 2013 (PEPRA); and 2. Subsequently employed by the JPA within 180 days of the member agency joining the JPA. New members may only participate in a defined benefit plan or formula that conforms to the requirements of the PEPRA. (SB 1203 adds Section to the Government Code.) PUBLIC SAFETY AB 1953 Renames Citizens Complaints as Civilians Complaints. A member of the public can currently file a complaint against peace officer personnel through specific procedures outlined in the Penal Code. These complaints are referred to as citizens complaints. Law enforcement departments employing such peace officers must then investigate citizens complaints. AB 1953 deletes references to citizens complaints in various California codes and replaces such references with the term civilians complaints. The purpose of this bill is to bring it in compliance with other local, state, and federal tracking of such complaints that commonly

17 use the term civilian instead of citizen. However, this bill does not otherwise substantively change the procedural requirements related to the investigation of what will now be known as a civilian complaint. (AB 1953 amends Section 8332 of the Government Code, Sections 148.6, , , 13012, and of the Penal Code, and Section of the Vehicle Code.) AB 2228 Creates the California Association of Code Enforcement Officers to Qualify Cities, Counties and Accredited Educational Institutes as Providers of Certified Code Enforcement Officer Training Programs. Under existing law, a code enforcement officer is defined as a person who is not a peace officer, but who has enforcement authority over the State s health, safety and welfare laws, and who is authorized to issue citations and formal complaints. Code enforcement officers do not have the power of arrest, except as authorized by a city, county, city or county charter, code or regulation. However, there is no current certification program in place that standardizes training and other requirements for such code enforcement officers. AB 2228 creates the California Association of Code Enforcement Officers (CACEO), as a new body that will develop and maintain standards for the designation of Certified Code Enforcement Officers (CCEO), including minimum training, qualifications and experience requirements to qualify for the CCEO designation. The bill further requires CACEO to qualify cities, counties and accredited educational institutions as CCEO Education Program Providers. Such programs must comply with the CACEO s administrative standards. Under these programs, persons who pass the minimum education and certification requirements will be granted CCEO status as those who attain certification directly through the CACEO s certification programs and academies. A program provider is subject to ongoing review and evaluation pursuant to the CACEO s administrative standards. enforcement officers to provider a uniform set of standard and training requirements in order to be a CCEO. This framework is somewhat similar to the California Commission on Peace Officer Standards and Training ( POST ), which regulates peace officer and dispatcher employment in California. While agencies are not required to have their code enforcement officers be CCEO s, this new framework may start a path for agencies to move in that direction for their code enforcement officers. (AB 2228 adds Chapter 20 (commencing with Section 26205) to Division 20 of the Health and Safety Code.) SB 872 Permits Peace Officers to Contract with Private Educational Institutions to Provide Supplemental Law Enforcement Services. SB 872 permits a county board of supervisors or the legislative body of a city to contract with private schools, private colleges and private universities to provide supplemental law enforcement services on an occasional or ongoing basis to those private educational institutions. Supplemental law enforcement services provided to these education institutions may be provided by any category of peace officer, including reserve officers, as defined in Penal Code section 830.6(a), upon the mutual agreement by the private educational institution and the contracting agency. The bill further permits public university and college police departments certified by the Commission on Peace Officer Standards and Training (POST) to enter into these agreements with private educational institutions. A memorandum of understanding between the private educational institution and the contracting agency will govern peace officer rates of pay for the provision of supplemental services. Prior to entering into a contract for ongoing services, the board of supervisors of a county or the legislative body of a city must discuss the contract and the requirements of this law at a duly noticed public hearing. (SB 872 amends Section of the Government Code.) This bill provides the start of a regulatory framework for local agencies who employ code

18 18 Legislative Roundup SB 1221 Authorizes the Revision of Peace Officer Training Standards Regarding Law Enforcement s Interactions with Persons with Mental Disabilities as Applied to Firefighters. The Penal Code requires the Commission on Peace Officer Standards and Training ( POST ) to establish continuing education courses related to peace officer interactions with persons who have mental disabilities. SB 1221 now also authorizes the State Fire Marshal to revise the content of this course as needed to adapt it to the firefighter training environment. (SB 1221 amends Section of the Penal Code.) SB 1360 Limits a City that Contracts with Another City to Provide Law Enforcement Services From Charging General Overhead Costs. SB 1360 requires a city that provides law enforcement services to another city to charge the city receiving such services all the costs that are incurred in the provision of those law enforcement services. However, the city providing such law enforcement services cannot charge for general overhead costs. General overhead costs are defines as those costs a city would incur regardless of whether it provided law enforcement services to the other city. SB 1360 only applies to contracts or agreements entered into, or renewed, on or after January 1, (SB 1360 amends Section of the Government Code.) DIGITAL SIGNATURES Under current law, the California Uniform Electronic Transactions Act (UETA), which is part of the Civil Code, provides that in a transaction between two or more persons, including government agencies, a record or signature may not be denied legal effect or enforceability solely because it is in electronic form. UETA permits the use of electronic signatures where the UETA governs and defines an electronic signature as an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. For example, an electronic fingerprint is a form of an electronic signature. In other words, electronic signatures under the UETA require that signature technology meet certain authentication and security standards. Existing provisions of the Government Code, however, authorize the use of a digital signature in any written communication with a public entity, and specifies that in those communications, the use of a digital signature has the same force and effect as the use of a manual signature if it complies with specified requirements. However, neither statute includes any crossreference to the other, leading to confusion about when an electronic signature is permitted and when a digital signature is permitted within governmental agencies. AB 2296 amends the UETA and Government Code to clarify that a digital signature, as defined in the Government Code, is a type of electronic signature as defined in the UETA. Therefore, if the UETA permits the use of an electronic signature in specified transactions, a digital signature method may be utilized. (AB 2296 amends Section of the Civil Code and Section 16.5 of the Government Code.) AB 2296 Specifies that a Digital Signature is a Type of Electronic Signature for Purposes of Electronic Transactions with Governmental Agencies. AB 2296 is designed to set clearer standards regarding governmental agencies use of electronic and digital signatures under California law.

19 2016 PRIVACY AB 1671 Makes it a Crime to Intentionally Disclose or Distribute a Recording of a Confidential Communication with a Health Care Provider without the Consent of All Parties. AB 1671 makes it a crime for a person to intentionally disclose or distribute, in any manner, in any forum, and for any purpose, the contents of the confidential communication with a health care provider that is obtained without the consent of all parties to the communication. A confidential communication is defined as any communication carried on in circumstances that may reasonably indicate that any party to the communication desires it to be confined to the parties involved. A person includes an individual, business association, partnership, corporation, or other legally entity, and any individual acting or purporting to act for or on behalf of any government or political subdivision, whether federal, state or local. A health care provider is defined to include: 1. Any person licensed or certified by the Medical Board of California, Dental Board of California or California State Board of Pharmacy; 2. Any person licensed pursuant to the Osteopathic Initiative Act or the Chiropractic Initiative Act; 3. Any person certified under specified EMT programs; 4. A clinic, health dispensary, or health facility licensed or exempt from licensure as specified in Section 1200, et seq. of the Health and Safety Code; 5. An employee, volunteer, or contracted agency of any group practice, as specified; 6. An employee, volunteer, independent contractor, or professional student of a clinic, health dispensary, or health care facility or health care provider; and 7. A professional organization that represents any other health care providers. AB 1671 does not apply to recordings made by specified peace officers or other law enforcement personnel. The bill also does not apply to authorized persons lawfully using or operating body-worn cameras. 19 Finally, these provisions do not affect the admissibility of any evidence that would otherwise be admissible pursuant to Penal Code sections 633 through AB 1671 is intended to address a growing concern over the dissemination of confidential recordings between individuals and their health care providers on the internet and through other public means and to clarify the criminal penalties for such actions. As applied to employers, it provides a good reminder to make sure and safeguard any recordings between individuals and health care providers. This is especially important for those employers who directly employ health care providers and have other employees who may access any confidential recordings with their patients. A person who makes such a record may be subject to criminal liability, including imprisonment and monetary fines. (AB 1671 amends Sections 632, 633.5, and of, and adds Section to, the Penal Code.) HEALTH AND SAFETY SB 977 Prohibits Persons from Smoking at a Park or Facility Where a Youth Sports Event is Taking Place. The Health and Safety Code currently prohibits persons from smoking within 25 feet of a playground. SB 977 amends the Health and Safety Code to further prohibit a person located in a park or facility where a youth sports event is taking place from smoking within 250 feet of the event. Youth sports event means any practice, game, or related activity organized by any entity at which athletes up to 18 years of age are present. The bill defines smoking to include the use of an electronic smoking device, the consumption of synthetic tobacco or nicotine products, or the consumption of tobacco products, whether inhaled, chewed or ingested in any other manner.

20 20 Legislative Roundup SB 977 does not preempt the authority of any county or city to regulate the use of tobacco products around a youth sports event. Any county or city may enforce any ordinance adopted before January 1, 2017, or may adopt and enforce a new regulation that is more restrictive than SB 977, on and after January 1, To the extent employers have any employees who are permitted to use tobacco products in the workplace, if such tobacco use occurs near a park or facility where a youth sports event is taking place, it is now prohibited. Employers should take proactive steps to notify any affected employees and ensure compliance with the law. (SB 977 amends of the Health and Safety Code.) WORKERS COMPENSATION SB 1175 Requires That a Medical Provider s Request for Workers Compensation Payments and an Employee s Request for Reimbursement for Workers Compensation Legal Expenses are Submitted to Employers within 12 Months. The state workers compensation system requires an employer to provide medical, surgical, chiropractic, acupuncture, and hospital treatment that is reasonably required to cure or relieve an injured worker from the effects of his or her workrelated injury. Medical providers who provide these services to employees must submit to the affected employer a request for payment of these services. This request for payment must include an itemization of services provided to the employee and the charge for each service provided. Under the workers compensation system, employers must also reimburse employees for medical-legal expenses. For medical care services provided on or after January 1, 2017, SB 1175 requires medical care providers to submit requests for payments within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services. The bill also requires employees to submit their bills for medical-legal expenses within 12 months of the date of service. Unless such medical provider requests for payment or employee requests for reimbursement are submitted within the 12 month timeframe noted above, any such request for payment will generally be time-barred, unless there is good cause for an exception. SB 1175 authorizes the Director of the Division of Workers Compensation to establish rules to determine what constitutes good cause for purposes of establishing an exception to this rule. (SB 1175 amends Sections , and 4625 of the Labor Code.) TAX CREDITS AB 1847 Requires Employers to Notify Employees of Eligibility for California Earned Income Tax Credit. The federal earned income tax credit (EITC) was created by the United States Congress to offset the adverse effects of the Medicare and social security payroll taxes on working low income families and encourage them to seek employment rather than welfare. In 2015, the State of California authorized a state version of the EITC called the California Earned Income Tax Credit ( California EITC ). Under current law, employers who are subject to, and required to provide, unemployment insurance to employees must notify employees of their eligibility for federal EITC. AB 1847 amends the Revenue and Taxation Code to also require these employers to provide written notification to all employees that they may be eligible for the California EITC, in addition to the federal EITC. An employer must provide this notification to employees within one week of the employer providing an employee his or her annual wage summary, including but not limited to summaries in the form of a Form 1099 or W-2. An employer must provide this notification by handing it directly to the employee or mailing it to the employee s last known address. An employer will not be considered to have satisfied these requirements by posting a notice or sending it through office mail. However, AB 1847 encourages

21 these methods in addition to the required methods mentioned above. (AB 1847 amends Sections 19851, 19852, and of the Revenue and Taxation Code.) BUSINESS AND FACILITIES AB 54 Requires Demand Letters Regarding Construction-Related Accessibility Claims to be Submitted to the California Commission on Disability Access Using a Standard Format. The Construction-Related Accessibility Standards Compliance Act establishes standards for making new construction and existing facilities accessible to persons with disabilities and provides for construction-related accessibility claims for violations of those standards. Existing law requires that a copy of the demand letter and the complaint be sent to the California Commission on Disability Access. AB 54 requires that information about the demand letter and the complaint, such as the date of the judgment, settlement, or dismissal, and whether the violation was remedied, in whole or in part, be submitted to the Commission in a standard format specified by the Commission on the Commission s website. The new law aims to more effectively gather information concerning the types and number of construction-related accessibility claims. (AB 54 amends Section of the Civil Code, and adds Section of the Government Code.) AB 326 Sets a Thirty-Day Deadline Pursuant to Which the Department of Industrial Relations Must Reimburse an Escrow Deposit in a Prevailing Wage Dispute. Existing law requires the Labor Commissioner to issue a civil wage and penalty assessment to a contractor if the Labor Commissioner determines the contractor violated the laws regulating public works contracts, including the payment of prevailing wages. Existing law also requires the awarding body to withhold payments due under a contract for public work an amount sufficient to satisfy the civil wage and penalty assessment issued by the Labor Commissioner, and to give notice of the withholding to the affected contractor or subcontractor. Existing law allows the affected contractor to obtain review of a civil wage and penalty assessment or a notice of withholding. There is no liability for liquidated damages if a contractor deposits the full amount of the assessment or notice, including penalties, with the Department of Industrial Relations to hold in escrow pending administrative or judicial review. The Department of Industrial Relations must release those funds, plus any interest earned, to the persons and entities found to be entitled to the funds at the conclusion of the administrative and judicial review. AB 326 requires the Department of Industrial Relations to release the funds deposited in escrow plus interest within 30 days following either the conclusion of all administrative and judicial review, or upon the Department receiving written notice from the Labor Commissioner or the awarding body of a settlement or other final disposition of an assessment issued. (AB 326 amends Section of the Labor Code.) AB 626 Significantly Changes the Public Works Claims Resolution Process. Existing law applicable to local agency contracts provides a process for the resolution of claims related to public works contracts of $375,000 or less. AB 626 establishes, for contracts entered into on or after January 1, 2017, a claim resolution process applicable to any claim by a contractor in connection with a public works project. The bill defines a claim as a separate demand by the contractor for one or more of the following: a time extension for relief from damages or penalties for delay, payment of money or damages arising from work done pursuant to the contract for a public work, or payment of an amount disputed by the public entity. This bill requires a public entity, upon receipt of a claim sent by registered or certified mail, to review it and, within 45 days, provide a written statement identifying the disputed and undisputed portions of the claim. Any payment due on an undisputed

22 22 Legislative Roundup portion of the claim must be processed within 60 days. If the claimant disputes the public entity s written response or if the public entity fails to respond to a claim within the time prescribed, the claimant may demand to meet and confer for settlement of the issues in dispute. Any disputed portion of the claim that remains in dispute after the meet and confer conference is subject to nonbinding mediation. Unpaid claim amounts accrue interest at 7% per annum. This bill requires the text of these provisions, or a summary, to be set forth in the plans or specifications for any public work which may give rise to a claim. (AB 626 adds and repeals Section 9204 of the Public Contract Code.) AB 1666 Expands Reporting Procedures on Local Agencies that Impose Community Facility District Taxes. The Mello-Roos Community Facilities Act of 1982 authorizes the formation of a community facilities district to finance various services. The Act requires a community facilities district formed after January 1, 1992, to prepare, if requested by a person who resides in or owns property in the district and within 120 days after the last day of each fiscal year, a separate document titled an Annual Report. The Act further requires local agencies to report specific information regarding the sale of bonds to the California Debt and Investment Advisory Commission. Other existing law requires each county, city, and special district that assesses a parcel tax to provide specific information to the Controller in connection with reports compiled by the Controller on the financial transactions of counties, cities, and special districts. AB 1666 requires local agencies, which have an Internet site, within 7 months after the last day of each fiscal year of the district, to display prominently on their web site a copy of that annual report, if requested, a copy of the report to CDIAC, and a copy of the report to the Controller. (AB 1666 adds Section to the Government Code.) AB 1669 Affects Public Service Contracts for the Collection and Transportation of Solid Waste and Aims to Reduce Displaced Employees in the Industry. Existing law requires a local government agency letting a public transit service contract out to bid to give a bidding preference for contractors who agree to retain for a specified period certain employees who were employed to perform essentially the same services by the previous contractor or subcontractor. Such a contractor is required to offer employment to those employees, except for reasonable and substantiated cause. AB 1669 expands the application of these provisions to include exclusive contracts for the collection and transportation of solid waste. The bill establishes certain provisions applicable only to service contracts for the collection and transportation of solid waste, including limits on the requirement to retain employees and specified requirements for notice and opportunity to cure in the context of civil action or termination. The new law does not apply to contracts awarded before January 1, 2017, or to contracts for which the bid process has been completed before January 1, (AB 1669 amends Sections 1070, 1071, and 1072 of, and adds Sections 1075 and 1076 to, the Labor Code.) AB 1732 Requires All Single-Occupancy Restrooms in Government Buildings and Places of Public Accommodation to be Available to Everyone. Existing law requires a public agency that serves the public or is open to the public and maintains toilet facilities to make those facilities available to the public free of charge. Existing law requires publicly and privately owned facilities where the public gathers to maintain a sufficient number of temporary or permanent toilet facilities to meet the needs of the public at peak hours. Existing law also requires each business establishment to provide a sufficient number of toilet facilities for the use of the employees. Commencing March 1, 2017, this law requires all single-user toilet facilities, as defined, in any business establishment, place of public accommodation, or state or local government agency

23 to be identified as all-gender toilet facilities. The bill authorizes inspectors, building officials, or other local officials responsible for code enforcement to inspect for compliance with these provisions during any inspection. (AB 1732 adds Article 5 (commencing with Section ) to Chapter 2 of Part 15 of Division 104 of the Health and Safety Code.) AB 1926 Expands the Application of Prevailing Wage Requirements for Apprentices Employed on Public Works Projects. Under existing law, an apprentice employed on a public works project is required to be paid the prevailing wage for apprentices in the trade to which he or she is registered and to be employed only at the work of the craft or trade to which he or she is registered. AB 1926 requires, when a contractor requests the dispatch of an apprentice, as that term is defined elsewhere in the Labor Code, to perform work on a public works project and requires compliance with certain pre-employment activities, such as testing, training, or examination as a condition of employment, and that the apprentice be paid the prevailing rate for time spent on those preemployment activities, including travel time. (AB 1926 amends Section of the Labor Code.) AB 2551 Expedites Construction on Water Storage Projects by Allowing Agencies to Utilize Different Construction Process Methods. The Local Agency Public Construction Act establishes procedures for contracting by local agencies for the construction of public works, including the requirement to award the contract to the lowest responsible bidder. Existing law governing water districts requires those districts to use competitive bidding and to award the contract to the lowest responsible bidder. AB 2551 allows local agencies to use the construction manager at-risk, design-build, or design-buildoperate method of delivery on a surface storage project. The bill requires these contracts to be awarded on a best value basis or to the lowest responsible bidder, and establishes a procurement process for these contracts. By allowing storage project bids for design and construction to occur in the same phase, AB 2551 provides more flexibility to a local entity and allows more options for contracting. These include permitting a local agency to procure both design and construction services from one contractor, or choosing a construction manager who will provide pre-construction services during design phase and then who later becomes the general contractor. (AB 2551 adds Article 60.6 (commencing with Section 20928) to Chapter 1 of Part 3 of Division 2 of the Public Contract Code.) AB 2476 Requires Public Agencies to Notify Non- Resident Property Owners of New Parcel Taxes in Accordance with Specific Notice Requirements. Existing law authorizes cities, counties, and special districts to impose a parcel tax or property-related fee for certain purposes. This bill requires local agencies to provide notice of a new parcel tax to the owner of a parcel affected by the tax if that owner does not reside within the jurisdictional boundaries of the taxing entity. The notice must include specific information and must be provided to the property owner in a specified manner. (AB 2476 adds Chapter 8.5 (commencing with Section 54930) to Part 1 of Division 2 of Title 5 of the Government Code.) AB 2844 Prohibits the State from Contracting With Businesses that Discriminate or Engage in Boycotts with Certain Nations, Including Israel. With certain exceptions, this new law requires a person that submits a bid or proposal to enter into or renew a contract with a state agency with respect to any contract in the amount of $100,000 or more to certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed that they are in compliance with the Unruh Civil Rights Act and the California Fair Employment and Housing Act, and that any policy that they have adopted against any sovereign nation or peoples recognized by the government of the United States, including, but not limited to, the nation and people

24 24 Legislative Roundup of Israel, is not used to discriminate in violation of the Unruh Civil Rights Act or the California Fair Employment and Housing Act. While the language of the bill suggests that these prohibitions could apply to boycotts against other nations, the bill only expressly references the nation and people of Israel. (AB 2844 adds Section 2010 to the Public Contract Code.) SB 122 Adds a Detailed Statutory Provision to Create a New Alternative Method for Preparing the Administrative Record in California Environment Quality Act Cases. The California Environment Quality Act ( CEQA ) requires a lead agency, as defined, to prepare and certify the completion of an environmental impact report (EIR) on any project that it proposes to carry out that may have a significant impact on the environment or to prepare a negative declaration for a project that may have a significant impact on the environment if revisions in the project would avoid or mitigate that effect. CEQA establishes a procedure for the preparation and certification of the administrative record upon the filing of an action or proceeding challenging a lead agency s action on the grounds of noncompliance with CEQA. SB 122 requires the lead agency to prepare the administrative record concurrently with the preparation of a negative declaration, mitigated negative declaration, EIR, or other environmental documentation for projects. CEQA also requires the lead agency to submit a sufficient number of copies of specified environmental documents prepared pursuant to CEQA to the State Clearinghouse for review and comment by state agencies under certain circumstances and a copy of those documents in electronic form. CEQA requires the Office of Planning and Research to establish and maintain a database to assist in the preparation of environmental documents, establish and maintain a central repository for collection, storage, retrieval and dissemination of notices provided to the office and provide copies of documents to the California State Library. SB 122 requires the lead agency to submit the environmental documents described above in either hard-copy or electronic format. It also requires the Office of Planning and Research to establish and maintain a database (instead of a central repository) for collection, storage, retrieval and dissemination of both environmental documents and notices prepared pursuant to CEQA and make the database available online to the public. Finally, the bill eliminates the requirement that copies of documents must be provided to the California State Library. (SB 122 amends Sections , 21091, and of the Public Resources Code and adds Section to the Public Resources Code.) SB 269 Creates New Exceptions and Reduces Penalties Relating to Technical Violations of California s Unruh Civil Rights Act. SB 269 creates new exceptions and reduced penalties relating to technical violations of California s Unruh Civil Rights Act in an effort to limit frivolous lawsuits threatened or filed against businesses that are in violation of construction-related accessibility standards. Under existing law, any place of public accommodation (e.g. a retail business, restaurant, school, or library) that violates a construction-related accessibility standard is liable for up to three times the amount of actual damages, but in no case, less than $4,000, and any attorney s fees suffered by any person who experiences difficulty, discomfort, or embarrassment because of the violation. The minimum statutory damages apply for each instance of discrimination relating to a construction-related accessibility standard. Statutory Penalty Limitations Senate Bill 269 provides that certain technical violations of the act by small businesses, which correct violations within 15 days, are presumed not to cause a person difficulty, discomfort, or embarrassment, placing the burden on the person affected by the violation to demonstrate such harm. The technical violations now presumed not to cause difficult, discomfort, or embarrassment for the purpose of an award of minimum statutory damages in a construction-related accessibility claim, include: Interior signs, other than directional signs or

25 signs that identify the location of accessible elements, facilities, or features, when not all such elements, facilities, or features are accessible; The lack of exterior signs, other than parking signs and directional signs, including signs that indicate the location of accessible pathways or entrance and exit doors when not all pathways, entrance and exit doors are accessible; The order in which parking signs are placed or the exact location or wording of parking signs, provided that the parking signs are clearly visible and indicate the location of accessible parking and van-accessible parking; The color of parking signs, provided that the color of the background contrasts with the color of the information on the sign; The color of parking lot striping, provided that it exists and provides sufficient contrast with the surface upon which it is applied to be reasonably visible; Faded, chipped, damaged, or deteriorated paint in otherwise fully compliant parking spaces and passenger access aisles in parking lots, provided that it indicates the required dimensions of a parking space or access aisle in a manner that is reasonably visible; and The presence or condition of detectable warning surfaces on ramps, except where the ramp is part of a pedestrian path of travel that intersects with a vehicular lane or other hazardous area. In addition to the above presumptions, the bill reduces the $4,000 per-violation minimum penalty to $1,000 for each offense if the offender corrects the violation within 60 days of a written complaint, and the area of the alleged violation was the subject of an inspection that met standards, or had a determination pending (among other exceptions). The penalty is reduced to $2,000 per violation for businesses with fewer than 25 employees (and less than $3.5 million in average annual gross receipts) that correct all violations within 30 days, regardless of inspection status. Businesses with 50 or fewer employees are not liable for the minimum statutory damage if the violation is one that was noted in a report by a certified access specialist (CASp), for a period of 120 days from the inspection, if the business otherwise demonstrates compliance, and correction within that timeframe. Local Agency Obligations In addition to narrowly limiting penalties associated with these construction-related accessibility violations, the bill places requirements on local agencies, including charter cities and charter counties, to develop and provide materials relating to the requirements of the Americans with Disabilities Act to development project applicants. Local agencies may use materials developed by the California Commission on Disability Access for this purpose; however, they must additionally notify applicants that the approval of a permit does not signify that the applicant complied with the Act. The bill additionally requires local agencies, including charter cities and charter counties, to expedite project review, when the applicant provides a disability access certificate, demonstrating the need to address an alleged violation of a constructionrelated access standard, or a violation noted in a CASp report. As an urgency statute, SB 269 takes effect immediately. Note: Due to the highly technically nature of SB 269, agencies and businesses that will be impacted by the legislation are encouraged to consult legal counsel to ensure they understand compliance obligations specific to their operations. (SB 269 amends Sections and of the Civil Code, and amends Sections , , and of, and adds Section to, and adds Article 4 (commencing with Section 65946) to Chapter 4.5 of Division 1 of Title 7 of, the Government Code.) SB 693 Adds and Provides Exemptions Regarding Requirements Regarding the Hiring of a Skilled and Trained Workforce. Existing law sets forth the requirement that various public agencies use a skilled and trained workforce. A skilled and trained workforce

26 26 Legislative Roundup is one in which all of the workers performing work in an apprenticeable occupation are either skilled journeypersons or apprentices in a program approved by the State. SB 693 provides streamlined requirements for the percentage of skilled journeypersons who must be graduates of an apprenticeship program (according to number of journeypersons or number of hours worked by journeypersons): At least 30% beginning January 1, 2017 At least 40% beginning January 1, 2018 At least 50% beginning January 1, 2019 At least 60% beginning January 1, 2020 SB 693 exempts from this requirement contractors and subcontractors who employ skilled journeypersons less than 10 hours per month, subcontractors not listed as a subcontractor or substitute for a listed subcontractor, and subcontractors whose work does not exceed 0.5% of the price of the construction work. SB 693 requires evidence of compliance through a monthly public report. SB 693 also requires an enforceable agreement rather than a commitment for the use of a skilled and trained workforce, unless there is a prescribed project labor agreement. SB 693 aligns requirements for school facilities across lease-leaseback projects, design-build projects, and best value contracts through its revisions to current law. (SB 693 amends Sections at of the Education Code, amends Section of the Health and Safety Code, and amends Sections 10191, , , , and of, repeals Section of, and adds Chapter 2.9 (commencing with Section 2600) to Part 1 of Division 2 of, the Public Contract Code.) Existing law includes, as per diem wages, employer payment for industry advancement and collective bargaining agreements administrative fees, provided these payments are required under a collective bargaining agreement pertaining to the particular craft, classification, or type of work within the locality or the nearest labor market area at issue. Per diem wages also include employer payments for other purposes, including certain apprenticeship or other training programs. SB 954 instead requires per diem wages to include industry advancement and collective bargaining agreements administrative fees if the payments are made pursuant to a collective bargaining agreement to which the employer is obligated. The bill also excludes from per diem wages employer payments for certain apprenticeship or other training programs unless the payments are made pursuant to a collective bargaining agreement to which the employer is obligated. (SB 954 amends Section of Labor Code.) SB 957 Allows Health Care Districts to Use Design-Build Method For Health Care Facilities. Existing law authorizes the Sonoma Valley Health Care District and, until January 1, 2025, the Marin Healthcare District, to use the design-build process when contracting for the construction of a building or improvements directly related to a hospital or health facility building at the Sonoma Valley Hospital or the Marin General Hospital. SB 957 instead authorizes, until January 1, 2025, any health care district to use the design-build process when contracting for the construction of a hospital or health facility building. (SB 957 amends Section of the Health and Safety Code.) SB 954 Clarifies Employer Payments That May Be Considered Prevailing Wage. Existing law requires, except for public works projects of $1,000 or less, that workers employed on public works be paid the general prevailing rate of per diem wages for work of a similar character in the locality that the public work is performed.

27 2016 HEALTH CARE SB 1135 Requires Specified Health Care Service Plan Contracts to Provide Enrollees with Notice of Timely Access to Care. SB 1135 requires a health care service plan contract entered into between an insurer and provider (e.g., an employer) or a health insurance policy which provides benefits through such a contract, to provide information to enrollees regarding the standards for timely access to health care. This bill applies to any such contracts or policies that are issued, renewed or amended on or after July 1, Under this new law, a health insurance policy or a health care service plan contract must include information regarding appointment wait times for urgent care, non-urgent primary care, nonurgent special care, and telephone screening. In addition, such policies or contracts must also include information on the availability of interpreter services at the time of the appointment. 27 This information must be included in the policy or plan contract itself and must also be provided in the following manners: 1. In a separate section of the evidence of coverage titled Timely Access to Care; 2. At least annually, in or with newsletters, outreach and other materials that are routinely disseminated to a plan s enrollees; 3. Beginning January 1, 2018, in a separate section of the provided directory published and maintained by insurer; and 4. On the insurer s website. Such information must be provided to an enrollee upon initial enrollment, annually upon renewal, and to contracting providers no less than on an annual basis. (SB 1135 adds Section to the Health and Safety Code and Section to the Insurance Code.) LCW Webinar: 2017 Legislative Update for Public Agencies Monday, December 5, AM - 11 AM Presented by: The California legislature passed numerous bills, which will go into effect on January 1, 2017, that will impact California employers. This webinar will provide an overview of key legislation, as well as pertinent employment law cases that will impact California s public agencies. Workshop Fee: Consortium Members: $70, Non-Members: $100 Gage C. Dungy Register Today: