State of California P. O. Box 420603 2001 Click here for 2000 Legislative Summary Stephen J. Smith TABLE OF CONTENT |
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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 |
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Wages, Hours and Labor Standards |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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). |
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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 |
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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. |
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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. |
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Wages, Hours and Labor
Standards - Vetoed
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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." |
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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. " |
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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." |
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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." |
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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." |
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Workers Compensation
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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. |
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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. |
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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. |
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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. |
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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 |
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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. |
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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. |
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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. | |||
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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. | |||
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Bill Number |
Author | Chapter Number |
Subject |
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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 |
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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. |
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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. | |||
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Workers' Compensation
- Vetoed
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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. |
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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. |
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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; (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) "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 "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." |
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Occupational Safety
and Health
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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. |
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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 | |||
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Occupational Safety
and Health - Vetoed
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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. |
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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." |
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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.
"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." |
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Other Legislation
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Bill Number |
Author | Chapter Number |
Subject |
SB 132 | Horton | 01-259 | Meyers-Milias-Brown Act: Agency Shop Agreements |
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Bill Number |
Author | Chapter Number |
Subject |
AB202 | Corbett | 01-180 | Joint Enforcement Strike Force on Underground Economy |
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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 |
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Bill Number |
Author | Chapter Number |
Subject |
AB1402 | Simitian | 01-421 | Design Build Contracts |
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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. |
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Other Legislation
- Vetoed
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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." |
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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."
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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."
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