State of California
Department of Industrial Relations

P. O. Box 420603
San Francisco, CA 94142
Sacramento - Office of the Director
916-324-4163

2001
LEGISLATIVE SUMMARY

Click here for 2000 Legislative Summary

Stephen J. Smith
Director


TABLE OF CONTENT

Wages, Hours and Labor Standards
Bill 
Number
Author Chapter
Number
Subject
AB 423

Hertzberg

01-157 .Farm Labor Contractors: License Requirements
AB 471 Hertzberg 01-198 .Horseracing
AB856 Wesson 01-783 .Horseracing
AB 1015 Wright 01-820 .Employment Discrimination
AB 1025 Frommer 01-821 .Lactation Accommodation
AB 1069 Koretz 01-134 .Labor: Complaints
AB 1675 Koretz 01-948 .Sheepherders
SB 20 Alarcon 01-795 .Displaced Janitors
SB 588 Burton 01-804 .Prevailing Wages: Payroll Records
SB 912 Chesbro 01-345 .Employment of Minors: Agricultural Packing Plants
SB 1125 Burton 01-147 .Farm Labor Contractors: Licensing
SB 1208 Romero 01-148 .Working hours: overtime exemptions
AB 1635 Vargas Vetoed .Personnel Records
AB 1679 Shelley Vetoed .Contractors/Employee Status
AB 1680 L&E Vetoed .Farm Labor Contractor Educational Classes
SB 1159 Polanco Vetoed .Meal and Rest Periods/Labor Standards
SB 1197 Romero Vetoed Sick Leave/Discipline/Cause of Action
       
Workers’ Compensation
Bill 
Number
Author Chapter
Number
Subject
AB 176 Nation 01-073 Workers' Compensation: security deposits
AB 196 Correa 01-833 Workers' Compensation: Blood Borne Diseases
AB 262 Correa 01-589 Death Benefits
AB 663 Vargas 01-846 Workers' Compensation: Lifeguards
AB 1177 Calderon 01-252 Official Medical Fee Schedule
AB 1179 Calderon 01-240 Billing or Utilization Procedures
AB 1194 Correa 01-229 Physicians Assistants and Nurse Practitioners
AB 1374 Wiggins 01-791 Workers' Compensation: Disability Absence
AB 1681 Canciamilla 01-792 Individually Identifiable Information
SB 424 Burton 01-834 Workers' Compensation
SB 730 O'Connell 01-806 Workers' Compensation: Death Benefits
SB 1222 Romero 01-835 Youth Authority Presumption
SB 1176 Machado Vetoed Expansion of Cancer Presumption
AB 1176 Calderon Vetoed Workers' Compensation
SB 71 Burton Vetoed Workers' Compensation
Occupational Safety and Health
Bill 
Number
Author Chapter
Number
Subject
SB 486 Speier 01-856 OSHA/Warehouse Safety
SB 1207 Romero 01-807 Volunteer Firefighters/Employment
SB 123 Escutia Vetoed DIR/Occupational Safety and Health Standards Board
SB 986 Torlakson Vetoed Elevators and other conveyances
SB 1215 Escutia Vetoed DIR/Occupational Safety and Health Standards Board
Other Legislation
Bill 
Number
Author Chapter
Number
Subject
AB132 Horton 01-259 Meyers-Milias-Brown Act: Agency Shop Agreements
AB 202 Cordott 01-180 Joint Enforcement Strike Force on Underground Ecomomy
AB 1014 Papan 01-355 Public Records - Disclosure procedures
AB 1402 Simitian 01-421 Design Build Contracts
SB 975 Alarcon 01-938 Infrastructure Bank/Prevailing Wages
SB 25 Alarcon Vetoed Labor and Civil Rights Agency
SB 147 Bowen Vetoed Employee Computer Records
SB 1044 kuehl Vetoed International Trade Agreeements

Effective Date of Legislation is January 1, 2002
(Unless Otherwise Specified)


Wages, Hours and Labor Standards


Bill 
Number
Author Chapter
Number
Subject
AB423 Hertzberg 01-157 Farm Labor Contractors: Licenses Requirements
1) expands existing requirements for the verification of farm labor contractors' licenses and establishes penalties for a person who conducts farm labor contractor activities while his or her license is suspended or revoked;

2) establishes a Farm Labor Contractor Verification Unit in the Division of Labor Standards Enforcement in the Department of Industrial Relations (DIR); and

3) requires DIR to create a Farm Labor Contractor Enforcement Unit to provide financial and technical assistance to local district attorneys' offices that operate farm labor contractor enforcement units.

Bill 
Number
Author Chapter
Number
Subject
AB471 Hertzberg 01-198 Hourseracing

1) California Horse Racing Board (CHRB) to administer and regulate employee and employer representation and collective bargaining in the horseracing industry;

2) Labor Commissioner of the Division of Labor Standards Enforcement (DLSE) in the Department of Industrial Relations (DIR) to notify the CHRB of any final finding of Labor Code violations by a CHRB licensee

3) Labor Commissioner to establish a program to periodically audit the payroll records of licensed trainers who are not party to either a multi-employer or individually negotiated collective bargaining agreement with the recognized employee labor union.

Finally, there are other provisions in the bill that are not within DLSE's purview; i.e. (a) employee housing, (b) pension plans, (c) online and account wagering, (d) pari-mutuel wagering, and (e) charity contributions.

Bill 
Number
Author Chapter
Number
Subject
AB856 Wesson 01-783 Horseracing

This bill provides necessary technical language relating to the full implementation of AB 471 (Ch. 198, Stats. of '01).

This bill clarifies the authority of an arbitrator to convene an immediate hearing regarding a dispute referred to binding arbitration; and provide that the CHRB may be assisted by a local building department or other local entity designated by the jurisdiction in which a racetrack is located in conducting annual inspections of the living conditions of backstretch workers.

Bill 
Number
Author Chapter
Number
Subject
AB 1015 Wright 01-820 Employment Discrimination

This bill extends the protections of the Labor Code with relation to discrimination to applicants for employment as well as employees.

Bill 
Number
Author Chapter
Number
Subject
AB 1025 Frommer 01-821 Lactation Accommodation

This bill requires employers to provide employees a place or room to express milk and additional unpaid break time.

Bill 
Number
Author Chapter
Number
Subject
AB 1069 Koretz 01-134 Labor: Complaints

This bill authorizes the Labor Commissioner, following a review of the case by the U. S. Department of Labor, to re-open a discrimination complaint investigation for a case previously dismissed.

Bill 
Number
Author Chapter
Number
Subject
AB 1675 Koretz 01-948 Sheepherders

This bill establishes requirements related to wages, hour and working conditions in the sheepherder industry.

Bill 
Number
Author Chapter
Number
Subject
SB 20 Alarcon 01-795 Displaced Janitors

This bill enacts the Displaced Janitor Opportunity Act to establish specific requirements for the retention of employees by janitorial or building maintenance services and subcontractors by a successor maintenance contractor for 60 days when the previous employer has lost the contract. This is applicable to employers with 25 or more employees and would apply to contracts for service awarded on or after January 1, 2002.

Bill 
Number
Author Chapter
Number
Subject
SB 588 Burton 01-804 Prevailing Wages: Payroll Records

This bill authorizes a joint labor-management committee, organized pursuant to federal law, to bring a civil action against an employer who fails to pay prevailing wages to his or her employees on a public works project. This bill also permits the joint labor-management committee to obtain copies of certified payroll records containing all required information except for specific information that must be obliterated by the awarding body of by the Department of Industrial Relations (DIR) supplying the copies. This provision sunsets on January 1, 2003 and on that date, the social security number and employee names will be deleted (leaving only the addresses of the employees).

Bill 
Number
Author Chapter
Number
Subject
SB 912 Chesbro 01-345 Employment of Minors: Agricultural Packing Plants

This bill requires the Labor Commissioner to annually inspect agricultural packing plants that renew or apply for an exemption that allows the plants to employ 16- and 17-year-old minors for up to sixty hours per week, upon approval of the Lake County Board of Education.

In addition, the bill requires the Labor Commissioner to annually inspect Lake County agricultural packing plants that renew or apply for this exemption, and to report to the Legislature on the working conditions of minors employed in the plants during the preceding year. The bill would further require exempted agricultural packing employers to provide annually, a written report to the Labor Commissioner on the number, ages, and working hours of minors that were employed

Bill 
Number
Author Chapter
Number
Subject
SB 1125 Burton 01-147 Farm Labor Contractors: Licensing

This bill provides that farm labor contractor wage surety bonds (wage bonds) and a portion of the licensing fee are payable for damages arising from Labor Code violations. It also repeals the provisions that prohibit the use of the wage bond and the Farmworker Remedial Account (FRA) for payment of penalties for nonpayment of late payment of wages. It authorizes the use of the wage bond and FRA for monetary relief awarded to an agricultural worker as a result of a violation of the Labor Code.

Bill 
Number
Author Chapter
Number
Subject
SB 1208 Romero 01-148 Working hours: overtime exemptions

This bill exempts physicians from premium overtime pay requirements and clarifies provisions of AB 60 (Ch. 134, Stats. of '99) with respect to persons covered by a qualified collective bargaining agreement.

 

Wages, Hours and Labor Standards - Vetoed

Bill 
Number
Author Chapter
Number
Subject
AB 1635 Vargas Vetoed Personnel Records

This bill would have required employers who maintain personnel files to permit employees a copy of their personnel records relating to a performance evaluation or any grievance issue. It would also have allowed the employer to charge the employee a copying fee of up to 10 cents per page.

Governor Davis stated in his veto message:

"Under current law, employees have the right to inspect their own personnel records. This bill would permit employees to obtain a copy of those records, and would authorize employers to charge either a maximum copying fee of ten cents per page or an amount specified in an applicable collective bargaining agreement.

"While it would modify existing law governing personnel records, this bill contains no provisions to protect the privacy of other individuals who may be identified in the personnel records. Without measures that ensure the privacy of those individuals and the confidentiality of a company's legitimate proprietary information, the potential for harm of this measure outweighs the possible benefits."

Bill 
Number
Author Chapter
Number
Subject
AB 1679 Shelley Vetoed Contractors/Employee Status

This bill provided that when an employee is supplied by a temporary agency or other specified entities and the employee is perform acts for which a contractor's license is required, the licensed contractor supervising the employee's work is the employer for specified purposes under the Labor Code, including provisions related to wages, hours, working conditions, workers' compensation and occupational safety and health.

Governor Davis stated in his veto message:

"In no other area of the law do we relieve the temporary employer or any employer of the responsibility to their employers. I am sympathetic to reports that some temporary employers are not fully meeting their obligations, and I am receptive to alternate remedies. "

Bill 
Number
Author Chapter
Number
Subject
AB 1680 L&E Vetoed Farm Labor Contractor Educational Classes

This bill would require the Labor Commissioner to conduct the educational classes for all persons who apply for a farm labor contractor license and authorize the Labor Commissioner to charge a fee to cover the costs of operating the classes.

Governor Davis' veto message:

"This bill would require the Labor Commissioner to conduct the educational classes required for obtaining a farm labor contractor's license.

"Educational classes required of farm labor contractors were mandated by legislation I previously signed. I am confident that the Department of Industrial Relations will implement that measure appropriately. There is no reason to change the law."

Bill 
Number
Author Chapter
Number
Subject
SB 1159 Polanco Vetoed Meal and Rest Periods/Labor Standards

This bill seeks to extend the same meal and rest period provisions that are currently applicable only to private sector employment to employees employed by any public institution that issues doctorate degrees in the health care profession, as specified.

In his veto message, Governor Davis writes:

"Emergency situations inherent in a hospital setting make it very difficult to guarantee regular break periods at a specified time.

"Also, this bill would subject the University of California to significant unwarranted statutory penalties for failing to provide mandated rest and meal periods for certain of its health care employees. These terms and conditions of work are better created and maintained through the effective use of the collective bargaining process, which is currently in place between the University and its health care employee's exclusive representatives."

Bill 
Number
Author Chapter
Number
Subject
SB 1197 Romero Vetoed Sick Leave/Discipline/Cause of Action
This bill provides that an employer's absence control policy violates Labor Code § 233 if such policy includes the authorized use of sick leave as a basis for discipline, discharge, demotion or suspension of an employee.

Governor Davis' veto message:

I agree employees should have a right to use one half of their paid sick leave to attend to a sick child, parent or spouse. That is why I signed those provisions into law in 1999 (AB 109 Knox).

"These provisions should be given time to work."

 

Workers Compensation

Bill 
Number
Author Chapter
Number
Subject
AB 176 Nation 01-073 Workers' Compensation: security deposits

This bill requires that a deposit by a workers' compensation insurer of securities registered with a qualified depository located in a reciprocal state be made in a bank or savings and loan association authorized to engage in the trust business, or a trust company, that is licensed to business and located in California.

 

Bill 
Number
Author Chapter
Number
Subject
AB 196 Correa 01-833 Workers' Compensation: Blood Borne Diseases

Would (1) extend certain rebuttable workers' compensation presumptions to the CHP: (2) include blood-borne diseases within the definition of "injury" presumed to be a compensable industrial injury developed or manifested by specified safety members, firefighters, and active law enforcement personnel; and (3) eliminates the burden of proof requirement in establishing a blood-borne infectious disease presumption in order for specified safety members to receive disability retirement benefits.

 

Bill 
Number
Author Chapter
Number
Subject
AB 262 Correa 01-589 Death Benefits

This bill provides that when there is a totally dependent minor child of a local safety or California Highway Patrol member, as specified, the workers' compensation death benefit would continue only until the dependent child reached age 18 but would provide retroactive death benefits to child of public safety officers killed in the line of duty prior to January 1, 1990.

 

Bill 
Number
Author Chapter
Number
Subject
AB 663 Vargas 01-846 Workers' Compensation: Lifeguards

This bill establishes a compensable injury presumption for lifeguards employed by the Department of Parks and Recreation and local government agencies with respect to skin cancer.

 

Bill 
Number
Author Chapter
Number
Subject
AB 1177 Calderon 01-252 Official Medical Fee Schedule

1) permits a health care provider or hospital and a Workers' Compensation contracting manager, employer, or carrier to contract for reimbursement rates that are different from those in the Workers' Compensation Official Medical Fee Schedule (OMFS); and

2) extends the sunset date of an interim modified payment level in the
OMFS for implantable hardware and instrumentation costs for spinal related surgeries and other expensive surgeries until the regular biennial review of the entire fee schedule is promulgated.

 

Bill 
Number
Author Chapter
Number
Subject
AB 1179 Calderon 01-240 Billing or Utilization Procedures

This bill requires an employer or insurer to provide its bill reviewer with all documentation submitted by a physician, along with a copy of the billing and any preauthorization for services.

 

Bill 
Number
Author Chapter
Number
Subject
AB 1194 Correa 01-229 Physicians Assistants and Nurse Practitioners

This bill permits physician assistants (PAs) and nurse practitioners (NPs) to determine and report on an injured workers' entitlement to workers' compensation benefits, as specified.

 

Bill 
Number
Author Chapter
Number
Subject
AB 1374 Wiggins 01-791 Workers' Compensation: Disability Absence
This bill provides that a leave of absence by a city, county or district firefighter ("4850 time") shall not be deemed to constitute or to reduce the time authorized for family care and medical leave.

 

Bill 
Number
Author Chapter
Number
Subject
AB 1681 Canciamilla 01-792 Individually Identifiable Information
This bill adds the Commission on Health, Safety and Workers' Compensation to those entities that are entitled to have access to information maintained by the Division of Workers' Compensation.

 

Bill 
Number
Author Chapter
Number
Subject

 

SB 424 Burton 01-834 Workers' Compensation

This bill creates a rebuttable presumption under Workers' Comp that lower back impairment developing or manifesting itself in a peace officer employed by the California Highway Patrol or member of a city of county local police department or a county sheriff's office arises out of and in the course of employment

 

Bill 
Number
Author Chapter
Number
Subject
SB 730 O'Connell 01-806 Workers' Compensation: Death Benefits

This bill prohibits proceeds of workers' compensation death benefits received by a dependent from being included when determining financial need for eligibility for Scholarships.

 

Bill 
Number
Author Chapter
Number
Subject
SB 1222 Romero 01-835 Youth Authority Presumption
This bill extends certain workers' compensation benefits to specified employees of the Department of Corrections, Youth Authority Department, Board of Prison Term, and local agencies who have group supervisory duties and have been designated as "peace officers.

 

Workers' Compensation - Vetoed

Bill 
Number
Author Chapter
Number
Subject
SB 1176 Machado Vetoed Expansion of Cancer Presumption
Extends the cancer presumption to the following additional peace officer categories employed by the Department of Fish and Game, the Department of Parks and Recreation and investigators in the Department of Toxic Substances Control.

Governor Davis wrote in his veto message:

"This bill would provide a peace officer employed by the Department of Fish and Game, Department of Parks & Recreation or the Department of Toxic Substances Control who develops cancer, with the presumption that the illness was job-related for purposes of workers' compensation, unless proven otherwise.

"When an employee contracts cancer or any other disease because of job-related duties they now receive workers compensation. This legislation is overly broad. Therefore, I am vetoing this bill.

 

Bill 
Number
Author Chapter
Number
Subject
AB 1176 Calderon Vetoed Workers' Compensation
(1) Permits the State Compensation Insurance Fund to invest funds in the same manner as private insurance carriers;
(2) Restores the employer assessment contribution to the Workers' Compensation Revolving Fund and the Cal-OSHA Targeted Inspection and Consultation Fund;
(3) Provides that if no person qualifies as wholly dependent, that the parent or parents of the deceased employee, or if there is no living parent or parents, then a beneficiary named in the deceased employee's will, shall be conclusively presumed to be wholly dependent for support upon the deceased employee;
(4) Provides that if the health care organization (HCO) is a health care service plan licensed pursuant to the Knox-Keene Health Care Service Plan act, that HCO is deemed to be an HCO without further application;
(5) Provides that an employer and a represented employee may agree to settle the employee's right to prospective rehabilitation services with a one-time payment of $10,000. Requires the Rehabilitation Unit in DWC to approve or disapprove the settlement agreement upon a specified finding. Requires the attorney representing the employee to fully disclose and explain the nature and quality of the rights and privileges being waived.
(6) Reduces from five weeks (as provided in SB 71) to four weeks the number of weeks allowed for each one percent of disability under 10 percent (10%);
(7) Makes technical correction to SB 71 regarding the payment of life pensions and limits and retroactivity of the increasing the life pension benefit to injuries occurring on or after January 1, 1998;
(8) Provides that the Administrative Director has sole authority to develop an outpatient surgery facility fee for services not performed under contract, provided the schedule meets several requirements. Requires the process used by the AD to consider several elements. Requires the schedule to reflect input from several groups;
(9) States Legislative intent that nothing in this bill is to be interpreted to require any change in the construction "carve out" programs; and
(10) Is double-joined with SB 71 and will be effective 1/1/02.

 

Bill 
Number
Author Chapter
Number
Subject
SB 71 Burton Vetoed Workers' Compensation
(1) Increases workers' compensation benefits over a five-year period;
(2) makes substantive, technical and clarifying changes to the entire workers' compensation system, including:

a) eliminating the Workers' Compensation Administration Revolving Fund Assessment (user funding) levied on employers for 20% of the costs of administration of California's workers' compensation programs and shifting these costs to the General Fund;
b) creating a new "Court Administrator" to oversee the adjudication process;
c) enhancing activities to identify illegally uninsured employers;
d) expanding the use of arbitration to resolve any disputed issue;
e) revising the Division of Workers' Compensation's Audit process;
f) creating eight new workers' compensation judge teams; and
g) mandating a comprehensive study of the workers' compensation adjudication process patterned after the Judicial Council's review of the California courts;

(3) eliminates the Cal-OSHA Targeted Inspection Assessment and shifts the costs of this program to the General Fund; and
(4) declares the Legislature's intent that insurers continue to provide loss control services.
In his veto message for both AB 1176 and SB 71, Governor Davis wrote:

"I believe strongly that it is time to increase the level of compensation benefits offered to injured workers. It is also time to make significant improvements to the system so it better serves both the injured workers and all Californians. A comprehensive bill to improve the system should have four goals:

"1) Providing a significant benefit increase for injured workers; 2)
Promoting early and sustained return to work within the person's medical and work restrictions; 3) Implementing effective medical cost containment measures while assuring the quality of care provided; and 4) Targeting benefit dollars to achieve the best outcomes for injured workers.

"I am concerned about the net economic impact of SB 71 and AB 1176 in these shaky economic times since I do not believe the two bills taken
together adequately address the final three goals listed above.

"Since there is a general agreement about the need to increase benefits for injured workers, I believe that if we work together, the legislature, my staff and the interested parties can craft a comprehensive bill reaching all four goals before the 2002 legislative session begins. For the above reasons, I must veto this bill."

 

Occupational Safety and Health

Bill 
Number
Author Chapter
Number
Subject
SB 486 Speier 856 OSHA/ Warehouse Safety, Statutes of 2001
This bill requires the owner, manager or operator of a working warehouse to secure merchandise stored on shelves higher than 12 feet and provides a safety zone to temporarily block the area from customer traffic when heavy equipment is used to move merchandise from the shelves.

It also requires that a working warehouse that employs more than 50 employees to report to the Division of Occupational Safety and Health (DOSH) to report all know injuries require hospitalization, including emergency medical room treatment or deaths occurring to customers as a result of falling merchandise within 30 days of December 31, 2002 and December 31, 2003.

 

Bill 
Number
Author Chapter
Number
Subject
SB 1207 Romero 807 Volunteer Firefighters/Employment, Statutes of 2001
This bill includes within the definition of "employment" and "employee" volunteer firefighters who are covered by Labor code section 3361 (regarding entitlement to workers' compensation from local government

 

Occupational Safety and Health - Vetoed

Bill 
Number
Author Chapter
Number
Subject
SB 123 Escutia DIR/Occupational Safety and Health Standards Board
1) required Senate confirmation of gubernatorial appointments to the Occupational Safety and Health Standards Board (Board);

2) mandated that Board members' service on the Board automatically terminate upon the completion of their terms of office;

3) specified that the Board's labor representatives must be from "organized labor";

4) required the Chair to designate a member to act as Chair in his/her absence; and

5) specifies the manner in which appointments to the Board may be legally challenged.

Governor Davis stated in his veto message:

"I object to the provision in this measure that requires that at the expiration of each member's term, the member automatically ceases to serve. Public policy is better served by allowing members to serve an additional 60 days.

 

Bill 
Number
Author Chapter
Number
Subject
SB 986 Torlakson Elevators and other conveyance
1) expand the scope of the Division's jurisdiction to include not only elevators but also other specified "conveyances" (i.e. escalators, dumbwaiters, material lifts, and moving walks) to further the safety of employees and members of the general public. The Division would also have jurisdiction over conveyances located in private residences;

2) would also require the certification of conveyance companies, as well as the personnel who install, inspect and repair conveyances;

3) require the Board to incorporate a variety of national standards (ANSI standards) into Title 8 and would require that Title 8 be constantly updated to incorporate the most recent version of the ANSI standards; and

4) also expand the Board's existing mandate to adopt regulations for elevator emergency operations to require such regulations for all conveyances covered by this bill.

Governor Davis' veto message stated:

"This bill would substantially revise existing law, as it applies to conveyances, to cover escalators, platform and stairway chair lifts, dumbwaiters, material lifts, moving walks, and automated people movers. Among other changes, it would require that no conveyances, or part of, may be erected, constructed, installed, or changed without a permit from the Division of Occupational Safety and Health of the Department of Industrial Relations.

"My administration has increased funds and hired more inspectors to improve workplace safety. This bill, however, would for the first time require government to inspect and oversee the installation of elevators in private homes.

For this reason, I must veto this bill."

 

Bill 
Number
Author Chapter
Number
Subject
SB 1215 Escutia DIR/Occupational Safety and Health Standards Board
This bill provides that two members of the Occupational Safety and Health Standards Board (OSHSB) be from organized labor. It also specifies that a member of the OSHSB may hold office for 60 days after the expiration of the term until the appointment and qualification of a successor.

It was very similar in content to SB 123 (Escutia) previously vetoed.
Governor Davis' Veto Message:

"The existing statutes regarding the composition and appointments to the Occupational Safety and Health Standards Board have been effective and should be left in tact. There is merit in allowing board members to serve until their successors are appointed and qualified, as the current law allows. Because this bill increases the potential for vacancies on the Occupational Safety and Health Standards Board, which could compromise the Board's ability to protect the health and safety of California's workers, I cannot sign this legislation."

Other Legislation

 

Bill 
Number
Author Chapter
Number
Subject
SB 132 Horton 01-259 Meyers-Milias-Brown Act: Agency Shop Agreements


This bill would permit a petition requesting an agency shop agreement and an election to implement an agency fee arrangement to be filed only after the recognized employee organization has requested the public agency to negotiate the agreement and, beginning 7 working days after the public agency receive the request, the two parties have had 30 calendar days to attempt good faith negotiations.

 

Bill 
Number
Author Chapter
Number
Subject
AB202 Corbett 01-180 Joint Enforcement Strike Force on Underground Economy


This bill requires that the Department of Insurance is to be included as a member of the Joint Enforcement Strike Force on the Underground Economy.

 

Bill 
Number
Author Chapter
Number
Subject
AB 1014 Papan 01-355 Public Records - Disclosure procedures

This bill would require an agency to:

1) state an estimated date and time for production or records in its response to a Public Records Act requests; and

2) assist any member of the public in formulating a Public Records Act request to maximize the possibility of member of the public receiving documents

 

Bill 
Number
Author Chapter
Number
Subject
AB1402 Simitian 01-421 Design Build Contracts


This bill authorizes school district governing boards to use a design-build process, instead of the design-bid-build process, for procuring bids on the design and construction of school construction process in order to reduce project costs, expedite project completion, and provide design features not achievable through the design-bid-build process.

 

Bill 
Number
Author Chapter
Number
Subject
SB 975 Alarcon 01-938 Infrastructure Bank/Prevailing Wages

1) clarifies that all public works projects financed through the California Infrastructure and Economic Development Banks issuance of industrial development bonds (IDBs) must comply with provisions of the Labor Code pertaining to payment of prevailing wages;

2) amends the definition of "public works" in Labor Code section 1720(a) to include certain installation work, and defines the phrase "paid for in whole or in part out of public funds" in section 1720(a);

3) provides exemptions from prevailing wage requirements for certain private construction projects; certain private residential housing projects; and, the construction or rehabilitation of certain affordable housing financed with public funds; and

4) exempts from the definition of public funds certain state tax credits.

 

Other Legislation - Vetoed

Bill 
Number
Author Chapter
Number
Subject
SB 25 Alarcon Vetoed Labor and Civil Rights Agency

This bill would have created a Labor Agency that consists of Department of Industrial Relations, Fair Employment and Housing, Employment Development, Agricultural Labor Relations Board, Public Employment Relations Board and the Fair Employment and Housing Commission.

In his veto message: Governor Davis stated:

"The working men and women of California and our economy would benefit from a mor coordinated effort by the various state departments charged with ensuring a well-trained, healthy, safe and prosperous workforce. I believe that the Department of Industrial Relations and the Employment Development Department could provide better service by being combined within a single entity. More review, however, is necessary to determine what other components of the state, if any, should be organized in this fashion.

"I have asked my Director of the Department of Industrial Relations to work with the appropriate people and make a recommendation to me by the end of the year."

 

Bill 
Number
Author Chapter
Number
Subject
SB147 Bowen Vetoed Employee Computer Records
This bill would have required any employer, including the State, that intends to monitor an employee's e-mail and computer generated records, to prepare and disseminate to all employees, policies and procedures for doing so.

It also prohibited the secret monitoring of employee e-mail and computer records.

Governor Davis' veto message:

"This bill would require employers, by March 1, 2002, to execute signed or electronically verifiable agreements between an employer and employees regarding the right of the employer to monitor the e-mail traffic and computer files of employees. If such agreements are not provided, the bill prohibits employers from monitoring business computers by employees to guard against inappropriate business or personal uses.

"As I previously have, when considering this issue, I start from the common-sense presumption that employees in today's wired economy understand that computers provided for business purposes are company property and that their use may be monitored and controlled.

"Under current law, employers are potentially liable if the employer's agents or employees use the employer's computers for improper purposes, such as sexual harassment, defamation and the like. It therefore follows that any employer has a legitimate need to monitor, either on a spot basis or at regular intervals, such company property, including e-mail traffic and computer files stored on either employer-owned hard drives, diskettes or CD ROMs.

"This bill places unnecessary and complicating obligations on employers and may likely to lead to litigation by affected employees over whether the required notice was provided and whether it was read and understood by the employee. I support reasonable privacy protections for employees in the workplace and my Administration proposed amendments which would carry out the intent of the bill without imposing undue regulatory burdens and potential legal exposure to businesses for doing what any employee should assume is the employer's right when they accept employment. Senator Bowen rejected the proposed amendments. Thus, I must veto the bill a third time."

Bill
Number
Author Chapter
Number
Subject
SB 1044 Kuehl Vetoed International Trade Agreement
This bill required the Director of Industrial Relations to review and prepare a report that assesses the impact of international trade agreements on California labor laws and regulations by January 1, 2003. The preparation must involve consultation with specified legislative committees and a public hearing on the draft report.

Governor Davis' veto message:

"This bill would require the Department of Industrial Relations to review the impact of international trade agreements on California labor laws and regulations, and require the Department to make this report available to the Legislature, other public officials, and the general public.

"While I share the author's intent that California's concerns are represented in the development of trade agreements, including the impact of those agreements on California's labor laws, this legislation does not effectively fulfill that important objective.

Most critically, studying trade agreements after they are already implemented, while meritorious, has little impact on the substance of those agreements. The time to affect the contents of an agreement is during the agreement's development and negotiations.

"The State of California already has and will continue to have an important voice in the development of international trade agreements, including their impact on our labor laws and regulations. California has a coveted seat on the United States Trade Representative's (USTR) Intergovernmental Policy Advisory Committee, which advises the USTR and other federal cabinet officials on trade matters. In addition, many Californians sit on the other 32 federal trade advisory committees, which include a committee specifically devoted to labor issues. To amplify California's concerns, the

"Technology, Trade, and Commerce Agency has, both informally and in testimony, presented trade negotiators with analyses of trade issues regarding California's unique issues.

"California's U.S. Senators and Representatives, the largest delegation in Congress, also have a direct and constitutionally protected role in the development of trade agreements, and my Administration works regularly with them to ensure that the voices of California are reflected in trade agreements, and in their enforcement.

"Finally, I have asked the Secretary of the Technology, Trade and Commerce Agency to work closely with the Department of Industrial Relations and the Legislature in assessing trade initiatives and negotiations and to continue State efforts to advise federal officials on the impact of trade agreements on California labor laws."