California Legislature
Senate Rules Committee
Senator Bill Lockyer, Chairman
1995 DIGEST OF
SIGNIFICANT LEGISLATION
Covering the Period of December 5, 1994 through September 15, 1995
Prepared by
Office of Senate Floor Analysis
Rich Rollens, DirectorDavid L. Wilkening, Chief Deputy Director
Consultants
Nora Crowley
Robert Graham
Claudia Peterson
Timothy Mello, Research Aide
Pages 1-99
Index by Bill Number
AGRICULTURE AND WATER RESOURCES
NOTE: * Denotes Urgency Legislation
[PAGE 2]
Farm Labor
SB 305 (Polanco-D) - Housing: Employee Housing
Provides that an owner of employee housing who fails to maintain a permit to operate "12-or-fewer" employee housing throughout the first 10 consecutive years after the issuance of the original certificate of occupancy shall repay a public agency the amount of any waived fees on a prorated basis.
Chapter 376, Statutes of 1995
SB 499 (Kelley-R) - Agricultural Labor Relations Board
Reduces the ALRB membership to 3 board members, eliminating the 2 existing offices that were to be filled most recently on January 1, 1991, and January 1, 1993, respectively. Authorizes the Board to delegate its powers to any group of 2 members, and would change a quorum of the Board to 2 members.
(Failed passage in Senate Industrial Relations Committee; reconsideration granted)
SB 587 (Solis-D) - Agricultural Employees: Hand Weeding
Clarifies that the prohibition against the use of short-handled hoes in agriculture also applies to hand weeding.
(Failed passage on Senate Floor; placed on Inactive File)
SB 673 (Costa-D) - Farm Labor Contractors
Provides for increases of FLC fee and bond amounts on those who have repeatedly violated the law; and, permits FLCs to "erase" minor violations through attendance at continuing education classes. It also establishes fees for supervisors. Creates a 5-tiered system for license fees.
(In Senate Industrial Relations Committee)
[PAGE 3]
SB 851 (Costa-D) - Definitions: Inspections: Reports
Excludes from the definition of "employee housing", a hotel, motel, inn, tourist hotel, multifamily dwelling, or single-family house, as specified. Requires the Department of Housing and Community Development (HCD) to conduct an evaluation of the term "rural" as it is used in the definition of employee housing. States that specified information shall be maintained by HCD and provided to members of the public who have requested it in writing.
Chapter 561, Statutes of 1995
SB 1353* (Solis-D) - Farm and Labor Contractors
Requires the Division of Labor Standards Enforcement to negotiate and endeavor to enter into a memorandum of understanding with the federal Immigration and Naturalization Service under which (1) these entities would exchange information relating to any employer operating as either a farm labor contractor or garment manufacturer that is under the regulatory jurisdiction of the division and that is delinquent in satisfying any civil or criminal penalty imposed for any violation of prescribed provisions of the federal Immigration and Naturalization Act.
(At Assembly Desk)
AB 64 (Baca-D) - Farm Labor Contractors
Requires the Labor Commissioner to establish and maintain the Targeted Industries Enforcement Unit, as specified, to ensure the comprehensive and coordinated enforcement of minimum labor standards in targeted industries and occupations in which employees are relatively low paid and in which employers have a history of labor law violations. Makes a number of changes in farm labor contractor law.
(In Assembly Labor and Employment Committee)
AB 397* (Hannigan-D) - Taxation: Farm Worker Credit
Makes a number of changes in the Income and Corporation Tax Law which provide a number of tax reductions and conformity items. Makes specific mention of tax credit for farmworker housing.
Vetoed by the Governor
[PAGE 4]
AB 1547 (Frusetta-R) - Agricultural Labor Representation
Relieves an agricultural employer of the obligation to bargain collectively in good faith with a labor organization if specified conditions exist and more than 12 months have elapsed since the certification of that labor organization.
(In Assembly Labor and Employment Committee)
AB 1847 (House-R) - Agricultural Employment: Field Sanitation
Requires the Division of Industrial Safety to issue a citation to any employer that fails to properly maintain the facilities required by the occupational safety and health standard for field sanitation.
(Failed passage in Assembly Labor and Employment Committee; reconsideration granted)
[PAGE 5]
Pests & Pesticides
SB 283 (Costa-D) - Economic Poisons: Emergency Registration
Allows for the emergency registration of an economic poison by the Department of Pesticide Regulation.
Chapter 608, Statutes of 1995
Simlar legislation is AB 179 (Battin-R) which failed passage in Assembly Appropriations Committee.
SB 800 (Monteith-R) - Economic Poisons: Regulations
Provides that it is unlawful for anyone to possess, use, or supervise the use of a restricted material unless that person has a valid private applicator certificate. Requires the Director of Pesticide Regulation to design an examination, as specified, for a private applicator certificate.
Chapter 705, Statutes of 1995
SB 808 (Monteith-R) - Economic Poisons
Allows the Department of Pesticide Regulation to extend the deadline for the submittal of the health effects study on methyl bromide and pentochlorophenol.
(In Senate awaiting concurrence)
Similar legislation is AB 1735 (Frusetta-R) which failed passage in Assembly Environmental Safety and Toxic Materials Committee.
SB 810 (Monteith-R) - Economic Poisons
Extends the vertebrate Pest Control Reasearch Program for five additional years, to January 1, 2001, which also includes the existing assessment schedule. Requires that the pesticide mill tax be paid by anyone required to have a pesticide dealer or broker license, and provides for penalty assessments on those who fail to pay. Authorizes the Department of Pesticide Regulation to use analytical methods that provide unequivocal identification of a chemical for the purposes of determining whether a chemical found in ground water is due to an agricultural use of a pesticide.
Chapter 251, Statutes of 1995
[PAGE 6]
SB 929* (Petris-D) - Economic Poisons: Pesticide Poisoning Prevention Act of 1995
Enacts the Pesticide Poisoning Prevention Act of 1995. Prohibits the registration of any new use for an extremely hazardous pesticide, as defined, after its effective date. Requires the Secretary for Environmental Protection to develop and implement a plan to eliminate the use of extremely hazardous pesticides that were registered prior to the bill's effective date.
(In Senate Health and Human Services Committee)
SR 9 (Kelley-R) - Pest Quarantine
Requests that the USDA not approve, due to a lack of scientific evidence, the importation of Haas avocados from Mexico, and that no further proposals be considered until stipulated requirements are met.
Adopted by Senate
Similar legislation included in AJR 4 (Thompson-R) which is in Assembly Agriculture Committee, and HR 12 (Thompson-R) which was adopted by the Assembly.
AB 124 (Rainey-R) - Economic Poisons: Mill Tax
Requires the Department of Pesticide Regulation to report to the Legislature on the revenue received from the pesticide mill assessment, categorized as revenue received from assessments on agricultural or non-agricultural products.
(In Assembly Appropriations Committee)
AB 453 (Woods-R) - Plant Quarantine and Pest Control
Requires specific markings on agricultural commodities moving within the state.
Chapter 111, Statutes of 1995
AB 568 (V. Brown-D) - Structural Pest Control
Provides a licensing exemption for the live, non-pesticide removal of vertebrate pests, bees or wasps from structures; and an increase in fines for pesticide use violations and for unlicensed pesticide use.
Chapter 718, Statutes of 1995
[PAGE 7]
AB 642 (Setencich-R) - Plant Quarantine
Authorizes the Secretary of Food and Agriculture to issue instructions and recommendations to the county agricultural commissioner regarding appropriate levels of inspection regarding any established quarantine, as specified.
(In Assembly Agriculture Committee)
AB 697 (Cannella-D) - Pesticide Products: Registration: Seed Crops
Creates a new classification within the Food and Agriculture Code for specified crops when grown exclusively for seed production, with specified exemptions.
Chapter 287, Statutes of 1995
AB 816 (W. Murray-D) - County Agricultural Commissioners: Liability: Licensing of County Agricultural Inspectors
Provides that existing provisions of the Government Tort Claims Act (Sections 815.2 and 820.2 of the Government code) are applicable specifically to the decisions of the county department of agriculture and its employees when enforcing a state and local pest control or eradication programs statute, regulation or ordinance.
Chapter 818, Statutes of 1995
AB 873 (Bowen-D) - Economic Poisons: Registration
Requires the Department of Pesticide Regulation to adopt any rule or regulation governing pest control operations and agricultural chemicals in accordance with the rulemaking provisions of the Administrative Procedures Act. Requires county agricultural commissioners to adopt regulations applicable in accordance with the Act.
(In Assembly Agriculture Committee)
AB 1616 (Setencich-R) - Agriculture: Plant Quarantine
Increases the first-offense fine for an infraction involving the smuggling of agricultural commodities into the state, from $75 to $1,000. Makes it unlawful for anyone to alter or otherwise tamper with a valid agricultural certificate.
Chapter 149, Statutes of 1995
[PAGE 8]
AB 1739 (Bordonaro-R) - Agriculture: Quarantine
Increases the civil fines for violations of state and federal quarantine regulations, and establishes conditions that provide prima facie evidence of violations.
Chapter 157, Statutes of 1995
AB 1917 (Cortese-D) - Agriculture: Inspection During Quarantine
Permits a county agricultural commissioner and the Secretary of Food and Agriculture to waive the inspection and certificate requirements (with respect to a quarantine) upon a finding that there is no threat posed to the state.
Chapter 214, Statutes of 1995
[PAGE 9]
General Agriculture
SB 105 (Kelley-R) - Milk Pooling Plans
Modifies the producer/handler exemption placed into the Gonsalves Milk Pooling Act of 1969 by limiting the amount of milk that requires preferential price to that quota which was acquired between January 1969 and March 1, 1995.
Chapter 174, Statutes of 1995
SB 175 (Maddy-R) - Fairs
Requires the Division of Fairs and Expositions within the Department of Food and Agriculture working with the fair industry, to develop a pilot project allowing fairs to modify their current practices in order to enable them to realize cost savings and more efficient use of existing resources.
(In Assembly Agriculture Committee)
SB 275 (Costa-D) - Agricultural Land Conservation
Enacts the "Agricultural Land Stewardship Program of 1995" which, when funded, will provide grants from the Department of Conservation to local government and provide nonprofit organizations for the acquisition of conservation easements on agricultural lands.
Chapter 931, Statutes of 1995
SB 492 (Costa-D) - Agricultural Food Products: Trade Libel
Allows producers and shippers of perishable food products to recover damages caused when someone creates a "scare" about the safety of a perishable food product.
(Failed passage in Senate Judiciary Committee; reconsideration granted)
SB 531* (Kelley-R) - Sales and Use Taxes: Permits
Exempts persons who sell only tax-exempt animal feed from the requirement to obtain a seller's permit.
Chapter 696, Statutes of 1995
[PAGE 10]
SB 653 (Polanco-D) - Milk Labeling: Bovine Growth Hormone
Requires labeling of milk and milk products that contain milk from cows treated with bovine growth hormone, and grants jurisdiction over these provisions to the State Director of Health Services.
(In Senate Agriculture and Water Resources Committee)
SB 688 (Senate Agriculture and Water Resources Committee)- Organic Food
Makes a technical change to the Organic Food Act clarifying the time period that certain types of crops must be free of prohibited materials.
Chapter 207, Statutes of 1995
SB 804 (Monteith-R) - Agriculture: Hazardous Materials
Exempts a business operating farm for purposes of cultivating the soil or raising or harvesting any agricultural or horticultural commodity from filing a business plan for response to the release of hazardous materials, as specified.
(Failed passage in Senate Toxics and Public Safety Management Committee)
SB 831 (Costa-D) - California Tomato Commission
Creates the California Tomato Commission in state government with a prescribed membership and duties.
Chapter 210, Statutes of 1995
SB 927 (Kelley-R) - Poultry: Emu, Ostrich, and Rhea
Defines ostriches, emu's, and rheas as exempt food products for human consumption, and includes them within the exemption for sales and purchases of "food animals" and feed for "food animals".
(Held under submission in Senate Appropriations Committee)
Similar legislation is AB 521 (Harvey-R) which was held in submission in Senate Appropriations Committee.
[PAGE 11]
SB 1047 (Costa-D) - Processors of Farm Products
Reduces from 1 year to 6 months the time period for a grower to file a complaint against a licensee under the Processors Farm Products Act. Requires a commission merchant to provide a transaction report to a consignor whether or not the consignor has specifically requested it.
(In Assembly Agriculture Committee)
SB 1219 (Costa-D) - Slaughter of Horses
Requires managers of horse auctions or sales to inform sellers that horses may be purchased for slaughter and that sellers may set minimum bids above current slaughter prices.
Chapter 99, Statutes of 1995
AB 188 (Machado-D) - Taxation and Assessment: Agricultural and Timber Parcels
Provides that for purposes of any special tax levied or benefit assessments, multiple parcels that are under the same ownership, contain a total of no more than one dwelling unit, and are zoned for agricultural or timber production, shall be considered a single "assessment unit" (parcel). Does not affect Mello-Roos taxes or assessments, nor would it affect any parcel tax or benefit assessment first imposed before July 12, 1995.
(Motion that Senate Amendments be concurred in failed in Assembly Local Government Committee)
AB 208* (Cannella-D) - Income and Bank Corporation Taxes: Property
Provides a 6% credit against income tax for the purchase, maintenance, or repair of specified property used in the production of agricultural commodities.
(On Assembly Third Reading File)
[PAGE 12]
AB 364* (Cannella-D) - Food Donations: Transportation Costs: Tax Credit
Provides a personal income tax and bank and corporation tax credit equal to 10% of the cost of donated agricultural products and 50% of the costs paid or incurred in connection with transporting the donated agricultural products to a nonprofit charitable organization.
(Held under submission in Senate Appropriations Committee)
Also contained in AB 397* (Hannigan).
AB 389 (Cannella-D) - Agriculture: Environmental Farming
Enacts the Cannella Environmental Farming Act of 1995. Requires the Department of Food and Agriculture to establish and oversee an environmental farming program to provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat.
Chapter 928, Statutes of 1995
AB 510 (Battin-R) - Seed: Labeling
Requires a validity assurance statement on all seed at the time of sale by a retail merchant for non-farm usage. Provides for tolling of the statute of limitations in any civil action concerning the controversy upon commencement of conciliation, or mediation, proceeding between a labeler and any person concerning the conformance with label statement, until 30 days after completion of those proceedings. Requires the Secretary of Food and Agriculture to establish a list of seed-certifying agencies that he or she finds qualified to certify agricultural or vegetable seeds, as specified.
Chapter 715, Statutes of 1995
AB 520 (Harvey-R) - Milk Products
Adds "lactose-reduced milks" to those products permitted to use coupons and premiums. Repeals the January 1, 1996 sunset date on the promotion of flavored and cultured milk and Class 4b milk products.
Chapter 120, Statutes of 1995
[PAGE 13]
AB 527 (Woods-R) - Fallow Deer
Provides that fallow deer are not game mammals and are domestic animals subject to the jurisdiction of the Secretary of Food and Agriculture and provides that neither the Department of Fish and Game nor the Fish and Game Commission have jurisdiction over activities relating thereto.
(In Senate Natural Resources and Wildlife Committee)
AB 598 (Setencich-R) - Agriculture: Standardization Program
Extends the sunset date on the Agriculture Standardization Program until January 1, 1997, and requires a report on the program.
Chapter 259, Statutes of 1995
AB 694* (Bustamante-D) - Sales Tax: Medicated Feed and Drinking Water
Provides an exemption from the sales and use tax for drugs or medicines used as an additive to feed or drinking water and administered to animal life, when its primary purpose is the prevention and control of disease of food or non-food animals that are for sale.
Chapter 620, Statutes of 1995
AB 816 (W. Murray-D) - Licensing of County Agricultural Inspectors
Makes changes to the eligibility requirements for county agricultural commissioner, deputy commissioner, or county agricultural inspector, as specified.
Chapter 818, Statutes of 1995
AB 939 (Cortese-D) - California Wine Industry
States legislative intent to explore the concept of a partnership between state government and the California wine industry for a specified purpose.
(In Senate Rules Committee)
[PAGE 14]
AB 1047 (Tucker-D) - Animal Husbandry
Enacts the Animal Husbandry and Research Facility Protection Act. Specifies prohibited acts concerning animal husbandry, and provides for criminal penalties for a violation of these prohibitions.
(In Assembly Agriculture Committee)
AB 1114 (Harvey-R) - Agriculture: Swine
Requires swine entering the State of California for exhibition or theatrical purposes to be accompanied by a health certificate.
Chapter 119, Statutes of 1995
AB 1393 (Poochigian-R) - Citrus Fruit Trees: Special Assessments
Extends, until January 1, 2001, a 1% assessment on citrus fruit trees, as specified.
Chapter 146, Statutes of 1995
AB 1476 (Cannella-D) - Milk Products: Frozen Dessert
Establishes identity standards for "frozen dairy dessert," as specified.
Chapter 150, Statutes of 1995
AB 1528 (K. Murray-D) - Farmers Markets
States legislative intent that the Secretary of Food and Agriculture, in conjunction with the Secretary of Health and Welfare, should provide leadership to coordinate California's participation in the WIC Farmers Market Nutrition Act program.
Vetoed by the Governor
AB 1563 (Harvey-R) - Marketing Commissions
Makes various changes to existing law regarding the use and functioning of specified agricultural commodity marketing commissions.
Chapter 727, Statutes of 1995
[PAGE 15]
AB 1636 (Cortese-D) - Aquaculture Products
Enacts the California Aquaculture Promotion Act of 1995. Transfers the administration of the laws relating to the processing, distribution, and marketing of aquaculture products from the Department of Fish and Game to the Secretary of Food and Agriculture.
Chapter 810, Statutes of 1995
AB 1677* (Takasugi-R) - California Cut Flower Commission
Increases the financial threshold for participation in the California Cut Flower Commission. Provides that "producer" does not include any person who has grown less than a gross value of $200,000 of flowers in the preceding marketing year.
Chapter 742, Statutes of 1995
AB 1843* (Thompson-R) - California Avocado Commission
Revises the definition of "independent producer or grower," as specified, and clarifies the eligibility requirements for membership on the California Avocado Commission.
Chapter 26, Statutes of 1995
AB 1945* (Battin-R) - Agriculture: California Date Commission
Changes the name of the Riverside County Date Commission to the California Date Commission, and makes additional changes in membership and referendum procedures.
Chapter 130, Statutes of 1995
[PAGE 16] (h3>Water Resources
SB 6 (Hayden-D) - State Ocean and Bay Pollution Laws
Allows citizens to bring a state civil action for violations of water pollution laws in ocean, coastal waters and enclosed bays and estuaries.
(Failed passage on Senate Floor)
SB 73 (Johannessen-R) - Sacramento River Valley Riparian Lands Commission
Creates within the Resources Agency a Sacramento River Valley Riparian Lands Commission. Authorizes that commission to acquire and manage riparian lands and conservation easements in the Sacramento River Valley corridor, and requires the commission to integrate flood control into the management of those lands and easements.
(In Senate Rules Committee)
SB 128* (Kelley-R) - Water Quality
Allows local agencies to provide the local match required in order for the state to receive federal funds under the federal Clean Water Act.
Chapter 370, Statutes of 1995
SB 172 (Beverly-R) - Recycled Water
Allows cities that currently provide a separate plumbing system using sea water to flush residential toilets, to instead use recycled water for that purpose.
Chapter 78, Statutes of 1995
SB 179 (Kelley-R) - Water Reuse
Makes various findings and declarations and states legislative intent regarding the University of California's establishing a research and extension program related to water reuse.
Chapter 422, Statutes of 1995
[PAGE 17]
SB 205 (Kelley-R) - Waste Discharge Requirements: Water
Authorizes the State Water Resources Control Board or the regional water quality control boards to issue general waste discharge permits for chemically treated sewage sludge, and sets forth the criteria that must be met before a general waste discharge permit may be issued, as specified.
Chapter 613, Statutes of 1995
SB 206 (Kelley-R) - Cementitious Materials
Exempts cementitious material from classification as a hazardous waste, if certain conditions are met.
Chapter 847, Statutes of 1995
SB 281 (Ayala-D) - Metropolitan Water Districts
Prohibits a water district located south of the Tehachapi Mountains from purchasing water from any agricultural water user north of the Tehachapi's if surplus water is available for purchase south of the Tehachapi's.
(In Senate Agriculture and Water Resources Committee)
SB 322 (Costa-D) - Groundwater
Clarifies provisions of law relating to local groundwater management plans, and the authority to transfer groundwater that has been recharged as part of a groundwater banking operation. Allows a local agency to exercise groundwater management authority within a city or county if the city or county does not have a groundwater management ordinance or declines to exercise its authority.
(On Assembly Inactive File)
SB 572 (Kelley-R) - Water Quality: Waste Discharge Requirements
Authorizes the State Water Resources Control Board to prescribe general waste discharge requirements for different categories of discharges, and establishes criteria for the state board and regional water quality control boards to follow in the adoption of general waste discharge requirements.
Chapter 421, Statutes of 1995
[PAGE 18]
SB 629 (Mello-D) - County Groundwater Ordinances
Requires an action to determine the validity of a county groundwater ordinance, or the validity of proceedings leading to the adoption of an ordinance, to be brought pursuant to specified existing law, as specified.
(In Assembly Water, Parks and Wildlife Committee)
SB 649 (Costa-D) - Water Pollution
Provides greater protection to persons alleged to have unlawfully placed certain harmful materials in or near waters of the state.
(Failed passage in Assembly Water, Parks and Wildlife Committee; reconsideration granted)
SB 776 (Rogers-R) - State Water Resources Revolving Loan Fund
Creates the State Water Resources Revolving Loan Fund to provide loans to local agencies for development of water supplies and for water conservation and groundwater recharge projects.
(In Senate Appropriations Committee)
SB 796 (Hayden-D) - Water Quality Control Boards: Membership
Prohibits persons receiving income from certain waste dischargers from serving as members of the State Water Resources Control Board, or a regional water quality control board.
(Failed passage in Senate Agriculture and Water Resources Committee)
SB 818 (Hayden-D) - Water Quality
Requires each member of the State Water Resources Control Board and of a regional board to have demonstrated knowledge and experience in the category to which he/she is appointed.
(In Assembly Water, Parks and Wildlife Committee)
[PAGE 19]
SB 859 (Rogers-R) - Owens Lake and Owens River Environmental Fund
Authorizes the State Lands Commission to award grants to eligible grantees to fund projects or activities to abate fugitive dust on Owens Lake and to implement the Lower Owens River Project, as defined. Creates within the State Treasury, the Owens Lake and Owens River Environmental Fund and would continuously appropriate the moneys in the fund, as specified. Makes legislative findings and declarations.
(In Senate Governmental Organization Committee)
SB 900 (Costa-D) - Water Resources and Delta Restoration Act of 1996
Authorizes a measure to be placed on the November 5, 1996 ballot for voter approval of an unspecified amount state general obligation bond authority, to be used for the purpose of financing prescribed water programs.
(In Senate Appropriations Committee)
SB 901 (Costa-D) - Water Supply Planning
Improves coordination of land use planning and water supply planning through the California Environmental Quality Act process.
Chapter 881, Statutes of 1995
SB 1011 (Polanco-D) - Urban Water Suppliers
Updates and streamlines the Urban Water Management Planning Act.
Chapter 854, Statutes of 1995
SB 1025 (Peace-D) - Public Utilities: Water Corporations
Allows California's investor-owned water utilities to use the proceeds, and the interest therein, from the sale of "non-used and useful" property to upgrade its infrastructure, plant, facilities and properties.
Chapter 431, Statutes of 1995
[PAGE 20]
SB 1067 (Mello-D) - Groundwater Management Agency
Enacts the Groundwater Management Agency Act, as specified.
(In Senate Rules Committee)
SB 1108 (Leslie-R) - Water Quality: Abandoned Mine Waste
Allows state agencies and other entities which fund and implement projects to mitigate acid mine drainage pollution to avoid complete liability for site cleanup, if the oversight agency approves the remediation plan, and periodic monitoring is conducted.
Chapter 878, Statutes of 1995
SB 1168 (Rogers-R) - Wells: Unlicensed Contractors
Provides that a C-57 Water Well Contractor's License is not needed for the construction, alteration, destruction, or abandonment of a water well, cathodic protection well, or monitoring well, if the person responsible for the task is an employee of the County of Inyo or the City of Los Angeles acting within the scope of his or her duties to construct, alter, destroy, or abandon a monitoring well or to abandon a water well located within the Owens Valley Groundwater Basin.
(Failed passage in Senate Toxics and Public Safety Management Committee; reconsideration granted)
SB 1172 (Thompson-D) - Public Water Systems
Exempts non-community water systems serving a transient population and providing restrooms for employees or the public from the California Safe Drinking Water Act if certain conditions are met.
Chapter 673, Statutes of 1995
SB 1212 (Hughes-D) - Metropolitan Water Districts
Eliminates the prohibition, set forth in the Metropolitan Water District Act, of a member of a governing body or state agency from appointing him/herself, or voting for him/herself to the board of a metropolitan water district.
(In Senate Local Government Committee)
[PAGE 21]
SB 1243 (Kelley-R) - Water Sales
Allows a mutual water company to sell water at cost to any federal agency without becoming subject to regulation by the Public Utilities Commission.
Chapter 420, Statutes of 1995
SB 1280 (O'Connell-D) - Land and Water Conservation
Enacts the California Land and Water Act of 1995, which allows property to be donated to the state, or local governments or nonprofits and allows for a income tax credit when donated for the specified conservation of land or water.
(In Assembly Water, Parks and Wildlife Committee)
SB 1305 (Senate Agriculture and Water Resources Committee)- State and Local Government: Water
Makes various revisions in the law concerning specified water districts and agencies. Adds to a water supplier's power to transfer recharged groundwater, if the recharge was part of a groundwater banking operation carried out by direct recharge, by delivery of surface water in lieu of groundwater pumping, or by other means, for storage and extraction. Requires cities and counties that manage groundwater or have ordinances relating to groundwater within a specified groundwater basin to meet annually with other local agencies to coordinate groundwater management programs.
Chapter 833, Statutes of 1995
SB 1307 (Calderon-D) - Public Water Systems: Fees and Reimbursements
Makes a number of substantive changes relating to drinking water, including the elimination of the requirement to establish recommended public health goals for contaminants.
(In Senate Toxics and Public Safety Management Committee)
SCR 20 (Kelley-R) - Appropriative Water Rights: Federal Government
Requests the State Water Resources Control Board to determine whether the federal government has violated any terms or conditions contained in water rights permits granted by the state for the federal Central Valley Project, as specified.
Resolution Chapter 84, Statutes of 1995
[PAGE 22]
SB 11X (Mello-D) - River Maintenance: Pajaro River Basin Flood Control Authority
Requires cooperation and coordination among local, state, and federal agencies in the cleanup and maintenance of the Pajaro, Salinas, and Carmel Rivers.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
AB 120 (Katz-D) - Water Transfers
Provides that where a transfer is based on water made available through conservation, the right to use of the conserved water reverts to the water right holder at the end of the transfer.
(In Assembly Water, Parks and Wildlife Committee)
AB 201* (Allen-R) - Water: Flood Control Subventions
Appropriates $147.2 million from the Flood Control Bond Fund of 1996 to the Department of Water Resources. Would only be operative if the Flood Control Bond Law of 1996 is adopted by the voters at a yet-to-be-determined 1996 election.
(Held under submission in Senate Appropriations Committee)
AB 313 (McDonald-D) - Graywater
Requires the Department of Water Resources to adopt standards for the installation of graywater systems for subsurface irrigation.
Chapter 649, Statutes of 1995
AB 318 (Katz-D) - Cities: Water and Power: Rates
Limits the rates that may be charged by a municipal water and power agency, as defined, to an amount that generates sufficient revenue to pay the direct and indirect costs of acquiring, transporting, treating, storing, delivering, and conserving water, or water and power, as specified.
(In Senate Local Government Committee)
[PAGE 23]
AB 360 (Hannigan-D) - Delta Levee Maintenance: Reimbursement
Requires the Department of Water Resources, in consultation with the Department of Fish and Game, to develop and submit to the Reclamation Board criteria for levee maintenance activities, including habitat restoration, as specified.
(In Assembly Water, Parks and Wildlife Committee)
AB 374 (W. Murray-D) - Metropolitan Water District Board: Appointments
Deletes the prohibition against an individual member of a public member agency governing body appointing him/herself, or voting for his/her own appointment, as an agency representative on the Metropolitan Water District governing board.
Chapter 27, Statutes of 1995
AB 504* (Kuykendall-R) - Watermaster Service Areas
Requires the owners of the rights to divert or store water within the service area to pay the total cost of administration of the service area and the distribution of water, as specified.
(On Assembly Inactive File)
AB 561 (Archie-Hudson-D) - Water: Conservation Programs
Authorizes a public entity to enter into agreements with public entities, community associations, and private entities for water conservation services.
Chapter 31, Statutes of 1995
AB 563 (Harvey-R) - Water Quality: Waste Discharge
Exempts local public entities from pollution cleanup liability in cases where the pollution has occurred in an area considered to be in a right-of-way (such as a highway, road, or bridge).
(In Assembly Appropriations Committee)
[PAGE 24]
AB 584 (Rainey-R) - Land Use: Water Planning Information
Requires cities or counties, upon the adoption or the next revision of its general plan following January 1, 1996, to incorporate by reference in the general plan the specified information relating to water supply availability.
(In Senate Agriculture and Water Resources Committee)
AB 619 (Bustamante-D) - Water Facilities: Environmental Bay Byway
Requires the Department of Water Resources to construct a waterway known as the "Environmental Bay Byway" for the purpose of providing water to central and southern California.
(In Assembly Water, Parks and Wildlife Committee)
AB 733 (Speier-D) - Drinking Water: Fluoridation
Requires the Department of Health Services to adopt regulations requiring public water systems with at least 10,000 connections to fluoridate the water provided to their customers.
Chapter 660, Statutes of 1995
AB 741 (Kuykendall-R) - Water Quality
Prohibits the State Water Resources Control Board or regional water boards from taking an enforcement action against the owner or operator of any publicly-owned treatment works because of ground water contamination caused by a third party's discharges into the collection system.
(In Assembly Environmental Safety and Toxic Materials Committee)
AB 832 (Woods-R) - Reclamation Board: Flood Water
Provides that a levee may be protected or strengthened in the case of emergency during the season of floodwater if the levee or the immediately adjoining property is in danger of injury or destruction from the floodwater.
(In Assembly Water, Parks and Wildlife Committee)
[PAGE 25]
AB 846* (Cortese-D) - Flood Control
Provides for the submission of the Flood Control Bond Law to the voters at the March 26, 1996, election in accordance with specified law.
(In Assembly Appropriations Committee)
AB 868 (Katz-D) - State Water Resources Development System
Authorizes the Director of Water Resources to initiate a study of the State Water Resources Development System to identify and evaluate feasible alternatives to the department's management of the system, as prescribed.
(In Assembly Appropriations Committee)
AB 930 (Harvey-R) - Joint Powers Entities: Energy Acquisition
Authorizes a joint powers entity composed of public water agencies to purchase or lease electrical power for resale, and control facilities for providing electrical power, to its member agencies for purposes of pumping water.
(In Senate Energy, Utilities, and Communications Committee)
AB 1005 (Cortese-D) - Local Public Water Systems: Service Needs
Makes legislative findings and declarations with respect to the relationship between future growth and water provision and the need for cities and counties to undertake necessary actions to develop additional water supplies, to the extent allowed by law, and to augment existing water supplies, as specified.
(Failed passage in Assembly Local Government Committee; reconsideration granted)
AB 1096 (Ducheny-D) - Dry Cleaning Facilities: Solvents: Response Plans
Enacts the Groundwater Reclamation and Protection Act of 1995, establishing a new program for investigating and providing grants and loans to local agencies for water reclamation projects associated with contaminated ground water caused by dry cleaning solvents.
(Failed passage in Assemby Appropriations; reconsideration granted)
[PAGE 26]
AB 1247 (Setencich-R) - Recycled Water
Substitutes the term "recycled water" for "reclaimed water" and the term "recycling" for reclamation" in provisions of the Fish and Game Code, Government Code, Health and Safety Code, Public Utilities Code, Streets and Highways Code, and Water Code.
Chapter 28, Statutes of 1995
AB 1332 (Sweeney-D) - Environmental Quality: Public Water Systems
Requires a lead agency to consult with a public water system with 3,000 or more service connections that may be affected by a proposal project. Requires the water system to provide specific types of information when consulting with state or local agencies.
(In Senate Housing and Land Use Committee)
AB 1359 (Knowles-R) - Auburn Dam Project
Authorizes the Department of Water Resources to utilize any of its authority in the Central Valley Project Act to construct, operate and maintain a multipurpose Auburn Dam.
(In Assembly Water, Parks and Wildlife Committee)
AB 1413 (Sher-D) - Wild and Scenic Rivers: Mill Creek and Deer Creek
Removes Mill and Deer Creeks as potential additions to the Wild and Scenic Rivers System. Prohibits the construction of any new dam, reservoir, diversion, or other water impoundment facility on the upper reaches of Mill and Deer Creek.
Chapter 183, Statutes of 1995
AB 1415 (Setencich-R) - Water Quality
Allows local water agencies to make recommendations regarding state policy for water quality control, as specified.
(Held at Senate Desk)
[PAGE 27]
AB 1533 (Cortese-D) - Instream Flow Dedications and Reservations
Requires the State Water Resources Control Board to prepare and maintain a Registry of Instream Flow Reservations and Dedications.
(In Assembly Appropriations Committee)
AB 1564 (Bordonaro-R) - Department of Water Resources: Loans and Grants
Authorizes the Department of Water Resources to make loans and grants pursuant to specified voter-approved bond acts.
Chapter 714, Statutes of 1995
AB 1574 (K. Murray-D) - Water Replenishment District Assessments
Makes changes in the Water Replenishment District Act to permit modification of the annual replenishment assessment.
(On Assembly Inactive File)
AB 1585 (House-R) - Valuation: Irrigated Agricultural Land
Prohibits the county assessor, as specified, in the valuation of improvements on the land, from determining a higher value on the basis of the installation on that land, for purposes of water conservation, of improvements consisting of drop or sprinkler irrigation systems, or soil moisture measuring devices.
(In Assembly Revenue and Taxation Committee)
AB 1654 (Ducheny-D) - Groundwater
Authorizes the Department of Water Resources to enter into agreements with the State of Nevada for the purposes of conducting studies and investigations of an interstate groundwater basin and undertaking groundwater management within that basin.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
[PAGE 28]
AB 1834 (Figueroa-D) - State Water Resources Control Board
Provides that the Director of Employment Development shall release information regarding employers to the State Water Resources Control Board for the purpose of regulating the discharge of storm water, as specified.
(In Assembly Insurance Committee)
AB 1845 (Cortese-D) - Urban Water Supplies: Reliability Assessment
Requires urban water suppliers to prepare, as part of their urban water management plan, a prescribed water supply and demand assessment of the reliability of their water service to their customers during normal, dry, and critically dry years.
Chapter 330, Statutes of 1995
AB 1954 (Sher-D) - Drinking Water: Treatment Technology
Revises the provisions of current law requiring the Department of Health Services to adopt a finding of the best available technology for treating drinking water contaminants to apply only to extent sufficient resources are available and not before January 1, 2000.
(In Senate Appropriations Committee)
[PAGE 29]
BUSINESS AND LABOR
NOTE:*Denotes Urgency Legislation
[PAGE 30]
Economic Development
SB 178* (Beverly-R) - Industrial Development
Extends the sunset date for the authority to issue tax-exempt industrial development bonds. Current law prohibits industrial development authorities from undertaking projects through the issuance of bonds on or after January 1, 1995. Changes the date to January 1, 1999.
Chapter 4, Statutes of 1995
SB 328 (Campbell-R) - Economic Development: Capital Formation
Creates the Office of Capital Formation, within the Trade and Commerce Agency, for the purpose of directing persons seeking capital, for business development, to existing state programs.
(In Senate Appropriations Committee)
SB 420* (Alquist-D) - Taxes: Enterprise Zones Hiring Credit
Provides that the enterprise zone jobs credit would continue for the full 5 years, even after the termination of the zone.
(In Assembly Appropriations Committee)
SB 1086 (Polanco-D) - Entertainment Industry Revitalization Area
Authorizes the Trade and Commerce Agency to establish an Entertainment Industry Revitalization Area (EIRA) in Los Angeles County that is intended to increase employment opportunities and help entertainment business enterprises remain competitive. Provides the industry various "business-friendly" benefits, including, tax credits for the acquisition of qualifying equipment and retention of qualifying employees, fast track permitting, and issuance of consolidated permits.
(To interim study)
[PAGE 31]
SB 1265 (Peace-D) - Economic Development
Revises the Bergeson-Peace Infrastructure Economic Development Bank Act to modify an existing provision of law that authorizes the California Infrastructure and Economic Development Bank (CIED Bank) to borrow money for start-up costs from special funds, the General Fund, or the Pooled Money Investment Account ( PMIA), and instead, authorizes the CIED Bank to specifically borrow funds for this purpose from the PMIA or from any special funds.
Makes numerous changes in governing structure, including removal of the supervision and authority of the California Housing Infrastructure Finance Agency, and places the California Economic Development Financing Authority under the supervision of the CIED Bank. Includes state highway projects within scope of improvements which may be financed through the Bergeson-Peace Infrastructure Economic Development Bank Act.
Chapter 863, Statutes of 1995
AB 152 (Baca-D) - Economic Development
Creates the Economic Development and Job Creation Act which establishes a special assistant to represent the state in negotiations with businesses and industries considering locating, expanding, or remaining in California.
(Failed passage in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee; reconsideration granted)
AB 243 (Battin-R) - Enterprise Zones
Extends the designation period of all enterprise zones from 15 to 20 years. Also allows cities and counties with established enterprise zones to propose expansion of the zone by up to 25%, rather than the current 15%.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
AB 296 (Knight-R) - Economic Development
Allows enterprise zones to convert to program areas and program areas to convert to enterprise zones, if the governing body of the area makes a request for conversion.
(Failed passage in Assembly Revenue and Taxation Committee; reconsideration granted)
[PAGE 32]
AB 456* (Bustamante-D) - Enterprise Zones
Requires that the proposed Sequoia Enterprise Zone be granted enterprise zone status. The zone shall be excluded from the computation of the current allowable 27 enterprise zones.
(In Assembly Revenue and Taxation Committee)
AB 471* (Vasconcellos-D) - California Economic Development Strategic Plan
Extends the deadline for preparation of the California Economic Development Strategic Plan, from June 30, 1995 to December 31, 1995. Requires the Secretary of Trade and Commerce to update the economic strategy on or before October 31, instead of June 30, of each succeeding second year.
Chapter 380, Statutes of 1995
AB 539 (Archie-Hudson-D) - Economic Development
Extends the designation period for economic development program areas to 25 years, and allows a 25% geographic expansion of these program areas.
(Failed passage in Assembly Revenue and Taxation Committee; reconsideration granted)
AB 886 (Archie-Hudson-D) - Workforce Performance and Results Act of 1995
Creates that Workforce Performance and Results Act of 1995 to set performance standards and outcomes to measure the state's employment and training programs and their impact on the state's economic development. Requires the pilot to be administered by the State Job Training Coordinating Council.
(In Senate Appropriations Committee)
AB 887 (Archie-Hudson-D) - Workplace Technical Skills Act
Establishes the Workplace Technical Skills Act of 1995, the purpose of which is to create a pilot integrated vocational training program for entry-level workers who are experiencing workplace barriers to upward mobility due to deficiencies in both technical and literacy skills.
(In Assembly Higher Education Committee)
[PAGE 33]
AB 1081 (Hannigan-D) - Enterprise Zones
Allows any local government body to convert a program area to an enterprise zone by adopting a resolution requesting the conversion. Requires the Trade and Commerce Agency to approve any request for conversion.
(In Assembly Revenue and Taxation Committee)
AB 1179 (Bordonaro-R) - Economic Development: Administrative Regulations
Specifies that no administrative regulation is to apply to businesses, unless the state agency that adopts the regulation makes a finding that states (1) that the intended benefits of the regulation justify its costs, and (2) the proposed regulation is the most cost-effective of available regulatory options.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
AB 1473 (Pringle-R) - Industrial Development
Establishes the California Industrial Development Financing Authority to encompass what are now the 4 separate and independent financing authorities including the California Pollution Control Financing Authority, the California Industrial Development Financing Advisory Commission, the California Alternative Energy Source Financing Authority and the California Urban Waterfront Area Restoration Financing Authority.
(In Assembly Rules Committee)
AB 1812 (Knox-D) - New Business Incubator Enterprise Programs
Specifies that a facility for multimedia technology production would be an appropriate type of incubator facility to participate in the incubator program.
(In Senate Governmental Organization Committee)
[PAGE 34]
World Trade and Tourism
SB 256 (Johnston-D) - California Tourism Marketing Act
Enacts the California Tourism Marketing Act of 1995 which would establish the framework for an industry-wide referendum on self-assessment of the tourism industry to competitively promote travel to and within California.
Chapter 871, Statutes of 1995
SB 435 (Solis-D) - Trade and Commerce Agency: Office of Asian Technical Information
Establishes the Office of Asian Technical Information within the Trade and Commerce Agency.
(Failed passage in Senate Appropriations Committee; reconsideration granted)
SB 908 (Polanco-D) - California Tourism Commission
Requires the Director of the Office of Tourism, in consultation with the California Tourism Commission, to convene a committee of professionals from various segments of the tourism industry for the purpose of creating a Los Angeles County-based funding source to implement a marketing plan promoting tourism in Los Angeles County.
(In Assembly Local Government Committee)
AB AB (Napolitano-D) - Overseas Trade Office
Provides a recommendation from the Legislature to the Governor to establish, within existing resources, overseas trade offices in both South America and Canada.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
AB 709 (Vasconcellos-D) - California Office of Export Development: Japan-California Team
Requires that the California Office of Export Development within the California State World Trade Commission establish a Japan-California Advisory Team to consult with the Governor and the Secretary of Trade and Commerce in regard to ways that California and Japan can collaborate and promote the relationship between the two entities. Also authorizes the Director of Export Development to create the same teams for other Asian economies.
Vetoed by the Governor
[PAGE 35]
AB 710 (Vasconcellos-D) - Trade and Commerce Agency: California-Osaka Trade
Creates the California-Osaka Cooperation Account in the California State World Trade Commission Fund, and requires the Trade and Commerce Agency to invite the Osaka Prefectural Government to place a staff person in the California Office of Export Development.
Vetoed by the Governor
AB 855 (Caldera-D) - Los Angeles County Tourism Marketing Commission
Enacts the Los Angeles County Tourism Marketing Act intended to help in the development of a unified tourism marketing and advertising campaign for the County of Los Angeles.
Chapter 868, Statutes of 1995
AB 1589 (Brewer-R) - State Tourism
Requires that the amount of fees collected by the Office of Tourism from the California Welcome Centers be deposited in the Commerce Marketing Fund, rather than in a separate new fund, to be available upon appropriation by the Legislature for purposes of the administration of the provisions governing the centers. Also cleans up provisions establishing the California Tourism Commission within the Trade and Commerce Agency, and makes other technical amendments.
Chapter 750, Statutes of 1995
AB 1763 (Weggeland-R) - Overseas Trade Offices
Adds and amends provisions to the statute dealing with the operations of the Overseas Trade Office of the California World Trade Commission. Provides overseas offices with regulations tailored to meet the diverse needs for operation in foreign countries.
Chapter 824, Statutes of 1995
ACR 9 (McDonald-D) - State Tourism Year
Proclaims the year of 1995 to be State Tourism Year, welcoming and encouraging tourism to the state and supporting local efforts to promote tourism.
Resolution Chapter 29, Statutes of 1995
[PAGE 36]
Small Business
SB 371 (Rosenthal-D) - Small Employer Health Insurance
Extends California's small employer health reforms (which currently apply to groups with 3 to 50 employees) to groups of 2 to 50.
(In Senate awaiting concurrence)
Similar legislation is AB 8 (Friedman-D) which is on Senate Inactive File.
SB 433 (Solis-D) - California Community Colleges Economic Development Program
Narrows a component of the mission of the California Community Colleges Economic Development Program (ED>Net), to provide greater emphasis on small businesses (those with fewer than 100 employees).
Vetoed by the Governor
SB 599 (Rosenthal-D) - Small Employer Health Insurance
Eliminates the risk adjustment factor by which health insurers selling coverage to small employers are permitted to vary rates based on factors other than age, family size, geographic location, and the benefit plan design purchased.
(In Senate Insurance Committee)
SB 620 (Polanco-D) - Small Business Opportunities Act
Enacts the Small Business Opportunities Act to require the Secretary of Trade and Commerce, to the extent feasible, to identify and promote utilization of existing economic development resources to assist the formation of regional small business networks.
Also establishes a Security Bond Guarantee Program Task Force to advise the Trade and Commerce Agency on the surety bond guarantee program component of the small business development corporation program.
Vetoed by the Governor
[PAGE 37]
SB 644 (Johnston-D) - Employment Training Panel
Extends the sunset date on the Employment Training Fund (ETF) and the Employment Training Panel (ETP) and provides that ETF monies may be used to fund projects which support small business entrepreneurial training. Also requires the Bureau of State Audits to contract for an evaluation of the ETP, and requires the appointment of an advisory council to review ETP policies.
Chapter 865, Statutes of 1995
SB 849 (Maddy-R) - Small Employer Health Coverage
Clarifies the schedule for phasing in the small group health insurance risk adjustment rating factor that becomes effective July 1, 1996.
(In Assembly Health Committee)
SB 973 (Watson-D) - AFDC: Eligibility: Small Businesses
Revises provisions in current law which allow AFDC recipients to start a micro-business as follows: (1) Provides that for the purpose of computing an AFDC grant, a county shall deduct valid business-related expenses from business income; (2) requires the Employment Development Department to convene a Micro-Enterprise Coordinating Council; and (3) requires the Department of Social Services, if federal approval is obtained, to establish 3-year demonstration projects to provide entrepreneurial training and technical assistance to AFDC recipients participating in the Greater Avenues for Independence (GAIN) program.
(In Assembly Appropriations Committee)
SB 1122 (Mountjoy-R) - Small Businesses: Environmental Regulations
Provides that state or local environmental regulations may not be applied to small business if they materially impede the businesses' current level of production or employment. Stipulates that regulations applied to small business must tailor to the individual needs of each small business. States that fines for pollution violations are to be applied only in the event of "significant noncompliance" and only if the non-complying business has received both a prior warning and an offer of assistance with compliance from a regulatory agency.
(In Senate Natural Resources and Wildlife Committee)
[PAGE 38]
AB 538* (Archie-Hudson-D) - Taxes: Credits: Employee Job Training: Qualified Wages
Enacts the Small Business Tax Incentive Act, and allows small manufacturers and small manufacturing businesses that apply computer technology in an industrial setting to claim a credit equal to 50% of wages paid to qualified employees in a training program. Also limits the total allocation for this credit to $2 million annually. Also provides for credits related to the employment training panel for qualified wages and for equipment, as specified.
(On Assembly Inactive File)
AB 885 (Archie-Hudson-D) - Small Business Development
Establishes the California Small Business Competitive Development Center Program, as specified.
(Failed passage in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)
AB 1573 (K. Murray-D) - Business Development: Regulations
Requires the Small Business Development Board to cooperate with the advise the Secretary for Environmental Protection to provide for the facilitation of the application of existing regulatory provisions, or other provisions of law, and to cooperate with the advise other agencies and public entities in order to streamline the regulatory process applicable to small businesses. Requires the board to advise the Legislature of any statutory changes necessary to streamline the regulatory process applicable to small businesses.
(In Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)
AB 1684 (Alby-R) - Financial Development: Corporations
Makes various substantive, clarifying and technical changes to resolve issues concerning the administrative and financial operations of the Small Business Development Corporation Law.
(In Senate Governmental Organization Committee)
AB 1812 (Knox-D) - New Business Incubator Enterprise Programs
Specifies that a facility for multimedia technology production would be an appropriate type of incubator facility to participate in the incubator program.
(In Senate Governmental Organization Committee)
[PAGE 39]
Labor Relations
SB 88 (Hurtt-R) - Overtime: Wages and Hours
Prohibits the Industrial Welfare Commission from issuing orders relating to overtime hours and compensation which differ from the overtime standards contained in the federal Fair Labor Standards Act.
(In Senate Industrial Relations Committee)
SB 238 (Haynes-R) - Deferred Compensation Programs
Requires all public and private employers administering a deferred compensation program to provide specified written disclosures and financial reports to their employees considering participation in a deferred compensation program.
(In Assembly Labor and Employment Committee)
SB 399 (Solis-D) - Labor Law Violations: Garment Manufacturers
Makes garment manufacturers jointly liable for certain labor law violations of garment contractors.
(In Senate Appropriations Committee)
SB 434 (Solis-D) - Employment Development Department: Study: Pacific Rim
Requires the Employment Development Department to study the impact of Pacific Rim economies on California's employment environment.
(In Assembly Labor and Employment Committee)
SB 442 (Solis-D) - Labor Agency
Creates in state government a Labor Agency.
(In Senate Industrial Relations Committee)
[PAGE 40]
SB 443 (Solis-D) - Child Labor
Makes technical, clarifying changes to statutes governing child labor in order to clarify existing law, remove references to deleted code sections and conform California child labor laws to federal law.
Chapter 887, Statutes of 1995
SB 444 (Solis-D) - Prevailing Wages
Specifies a process where the Division of Labor Standards Enforcement can issue a right-to-sue letter to aggrieved workers so that workers can file an action to recover the amount by which they were underpaid.
(In Senate Industrial Relations Committee)
SB 488 (Leonard-R) - Disclosure of Employment Information
Allows the Director of Employment Development to release information to city and county planning agencies for planning purposes.
Chapter 701, Statutes of 1995
SB 499 (Kelley-R) - Agricultural Labor Relations Board
Reduces the current 5-member Agricultural Labor Relations Board to 3 members.
(Failed passage in Senate Industrial Relations Committee; reconsideration granted)
SB 500 (Solis-D) - Minimum Wage
Increases the state minimum wage from $4.25 per hour to $5 per hour on July 1, 1996, and to $5.75 per hour on July 1, 1997. Provides that the increase becomes operative only if a specified reduction in AFDC payments has occurred.
(In Assembly Labor and Employment Committee)
[PAGE 41]
SB 520 (Haynes-R) - Disclosure of Employment Information
Allows county welfare offices access to computerized employment information collected by the Employment Development Department.
Chapter 544, Statutes of 1995
SB 586 (Solis-D) - Labor
Establishes a California Industry Skills Standards and Certification Panel in the Employment Development Department to review labor force licensing, certification and sanction procedures.
(In Senate Industrial Relations Committee)
SB 587 (Solis-D) - Agricultural Employees: Hand Weeding
Clarifies that the prohibitions against the use of short-handled hoes in agriculture also apply to hand weeding.
(Failed passage on Senate Floor; reconsideration granted)
SB 588 (Solis-D) - Vocational Education
Requires local partnerships that participate in the state's School-to-Work Program to contain representation from organized labor. Encourages labor participation in California's school-to-career program.
(In Assembly Labor and Employment Committee)
SB 608 (Leonard-R) - Employment: Illegal Immigrants: Reporting
Requires the Department of Industrial Relations and the Employment Development Department to notify the U.S. Immigration and Naturalization Service whenever they have a substantial reason to believe that an unauthorized alien is employed or about to be hired in violation of federal immigration laws.
(Failed passage in Senate Industrial Relations Committee; reconsideration granted)
[PAGE 42]
SB 644 (Johnston-D) - Employment Training Panel
Extends the sunset date on the Employment Training Fund (ETF) and the Employment Training Panel (ETP), and provides that ETF monies may be used to fund projects which support small business entrepreneurial training. Also requires the Bureau of State Audits to contract for an evaluation of the ETP, and requires the appointment of an advisory council to review ETP policies.
Chapter 865, Statutes of 1995
SB 645 (Johnston-D) - Job Training Report Cards
Requires the State Job Training Coordinating Council to establish a subcommittee, as specified, to develop an education and job training report card program to assess the accomplishments of California's work force preparation system.
Chapter 771, Statutes of 1995
SB 673 (Costa-D) - Farm Labor Contractors
Creates a tiered licensing procedure for farm labor contractors, and increases fees and penalties for contractors who violate labor laws.
(In Senate Industrial Relations Committee)
SB 773* (Hurtt-R) - Employment: Tax Credits: Tips
Establishes a personal income tax and bank and corporation tax credit equal to 10% of the federal minimum wage tip credit.
(In Senate Revenue and Taxation Committee)
SB 843 (Solis-D) - Comparable Worth
Prohibits an employer from paying an employee at less than the rate paid an employee of the opposite sex for work of comparable worth.
(In Senate Industrial Relations Committee)
[PAGE 43]
SB 906 (Leslie-R) - Public Works; Prevailing Wage
Exempts state and federally-mandated public works projects in rural counties from the requirement to pay prevailing wages.
(Failed passage in Senate Industrial Relations Committee; reconsideration granted)
SB 953 (Watson-D) - Employment: Harassment
Provides that employers are held liable for acts of harassment by an agent or supervisor against another employee, if the employer knew or should have known of the acts and failed to act appropriately.
(Failed passage on Senate Floor)
SB 964 (Johannessen-R) - Employment: Employee Litigation
Limits claims for wrongful termination based upon the theory of "constructive discharge", by requiring employees claiming that they were "constructively discharged" to either provide prior written notice of the wrongful acts, or resign immediately after the wrongful acts, and provide notice within 30 days after resignation.
(Failed passage in Senate Judiciary Committee; reconsideration granted
SB 987* (Polanco-D) - Occupational Safety and Health
Requires employers who construct or dismantle motion picture, television and theatrical stages or sets to obtain an annual permit in lieu of the current requirement to obtain a permit from Cal-OSHA prior to commencing construction.
(In Assembly Labor and Employment Committee)
SB 970 (Johnston-D) - Employment Discrimination
Prohibits employment discrimination on the basis of genetic characteristics.
(Failed passage in Assembly Labor and Employment Committee; reconsideration granted)
[PAGE 44]
SB 1017 (Mountjoy-R) - Wage Payment: Penalty Cap
Limits the maximum civil penalty against an employer for failure to pay current employees on a timely and correct basis, for a second or subsequent violation, to $500 per employee if the violation is unintentional.
(In Senate Industrial Relations Committee)
SB 1049 (Solis-D) - Employment: Sexual Harassment
Clarifies the definition of "sexual harassment" for the purpose of determining unlawful employment practices.
(In Assembly Labor and Employment Committee)
SB 1050 (Solis-D) - Tribal-State Compact: Employment: Unions
Requires any tribal-state compact governing the conduct of gambling activities on Indian land to include provisions guaranteeing the right of employees to join a union and to bargain collectively with their employers, as specified.
(In Senate Industrial Relations Committee)
SB 1113 (Russell-R) - Job Placement Assistance
Requires the Employment Development Department to enter into an agreement with the U.S. Immigration and Naturalization Service for implementation of a "Job Transfer Program," which would waive or reduce penalties against employers found in violation of employing undocumented aliens if they fill the jobs vacated by undocumented aliens with specified legal residents or aliens.
(Failed passage in Senate Industrial Relations Committee; reconsideration granted)
SB 1353* (Solis-D) - Department of Industrial Relations: Garment Manufacturers and Farm Labor Contractors
Appropriates $2.5 million for the 1995-96 fiscal year from the Employment Development Contingency Fund to the Department of Industrial Relations (DIR) for the enforcement of labor laws in the garment industry. Adds language to codify a memorandum of understanding between DIR and the federal Immigration and Naturalization Service about information-sharing as it relates to garment manufacturing.
(In Assembly awaiting assignment to committee)
[PAGE 45]
AB 50 (Johnson-R) - Employment: Ergonomic Standards
Deletes the requirement that the Occupational Safety and Health Standards Board adopt an ergonomic standard designed to minimize the instances of injury from repetitive motion.
(On Assembly Third Reading File)
AB 138 (Goldsmith-R) - Public Works: Prevailing Wages
Allows local agencies, by a majority vote of its governing body, to adopt a resolution or ordinance that exempts public works projects undertaken by that agency from prevailing wage requirements, except in those cases where the payment of prevailing wages is required as a condition of a state or federal grant of funding for the project.
(Failed passage in Assembly Labor and Employment Committee; reconsideration granted)
AB 213 (Bordonaro-R) - Public Works: Prevailing Wages
Requires the Director of Industrial Relations to use a weighted average of the prevailing wage rates surveyed for each craft, classification or type of work.
(Failed passage in Assembly Labor and Employment Committee; reconsideration granted)
Similar legislation is AB 35XX (Goldsmith-R).
AB 223 (W. Murray-D) - Youth Employment Projects
Creates a Career and Basic Subjects Development Program as a pilot project in Los Angeles County. Services to be provided by the program include remedial instruction in academic fundamentals, development of job search skills, internships in public and private agencies, and instruction in "life skills" including the mechanics of purchasing a home, renting, budgeting, and planning for retirement.
(In Conference)
[PAGE 46]
AB 272 (Kuykendall-R) - Employment: Taxes and Contributions
Enacts the Employment Taxpayer's Bill of Rights Act of 1995 and:
1. Mandates the development of a taxpayer education program by the Employment Development Department.
2. Provides relief to employers who fail to make a timely return or payment based upon written advice from the Employment Development Department.
3. Establishes a settlement process for employment related tax disputes within the Employment Development Department.
4. Clarifies the exemption from the definition of an employee afforded persons engaged in "in-home sales".
Chapter 541, Statutes of 1995
AB 379 (Boland-R) - Employment: Wages and Hours
Prohibits any order of the Industrial Welfare Commission relating to maximum hours of employment, or minimum compensation for employment in excess of maximum hours established, from imposing a standard that differs from federal law. Deletes the requirement that overtime be paid for work in excess of 8 hours a day, while retaining the requirement that overtime wages be paid for work in excess of 40 hours per week relative to public works contracts.
(In Assembly Labor and Employment Committee)
AB 398 (Aguiar-R) - Employment: Wages and Hours
Changes the basis of overtime pay from a daily standard to a weekly standard.
(Failed passage in Assembly Labor and Employment Committee; reconsideration granted)
AB 469 (Vasconcellos-D) - Labor: California Industry Skills Standards and Certification Panel
Creates the Industry Skills Standards and Certification Panel in the Employment and Development Department to review labor force licensing and sanction procedures.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
[PAGE 47]
AB 507 (Horcher-I) - Employment: Employee Residence Status: Verification
Establishes a 3-year pilot project called the California Employment Eligibility Authorization Telephone Verification System Pilot Project that would supplement the federally instituted Telephone Verification System which provides employers with information on immigrant employees.
(In Assembly Labor and Employment Committee)
AB 509 (Machado-D) - Peace Officers: Family Care and Medical Leave
Provides that a leave of absence taken while disabled by injury, or illness arising out of and in the course of peace officers' and specified safety employees' duties, would not be deemed to constitute or reduce the time authorized for family care and medical leave.
Chapter 474, Statutes of 1995
AB 538* (Archie-Hudson-D) - Taxes: Credits: Employee Job Training: Qualified Wages
Enacts the "Small Business Tax Incentive Act," and allows small manufacturers and small manufacturing businesses that apply computer technology in an industrial setting to claim a credit equal to 50% of wages paid to qualified employees in a training program. Limits the total allocation for this credit to $2 million, annually.
Also provides for credits related to the employment training panel for qualified wages and for equipment, as specified.
(On Assembly Inactive File)
AB 549 (House-R) - Employment: Freedom of Association
Prohibits requiring any person, as a condition of employment, to pay any dues to a labor organization.
(In Assembly Labor and Employment Committee)
AB 572 (Goldsmith-R) - Occupational Safety and Health Standards
Requires that Cal-OSHA standards for places of employment not exceed federal standards unless a finding is made that the cost of the differing state standard is justified by a specific benefit to safety in the workplace.
(Failed passage in Assembly Labor and Employment Committee; reconsideration granted)
[PAGE 48]
AB 658 (Kuehl-D) - Discrimination: Pregnant Employee
Requires any employer to provide reasonable accommodation for a pregnant employee for the duration of her pregnancy, upon request.
(Failed passage in Assembly Labor and Employment Committee; reconsideration granted)
AB 693 (Napolitano-D) - Unfair Competition: Employment Law Violations
Authorizes the Labor Commissioner, upon providing notice to the Attorney General, to directly commence and prosecute actions in cases of unfair competition.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
AB 713 (Kuehl-D) - Employment: Harassment
Adds volunteer workers and persons providing services pursuant to a contract, as defined, to the list of individuals protected against harassment under the Fair Employment and Housing Act.
(Failed passage in Assembly Labor and Employment Committee; reconsideration granted)
AB 739 (Bustamante-D) - Hours of Employment: Smelters and Underground Mines
Permits mine workers to work over 8 hours per day.
Chapter 903, Statutes of 1995
AB 865 (Aguiar-R) - Prevailing Wage: Public Works
Allows the governing board of a school district or community college district, or a county board of education, to determine the general rate of prevailing wages that would apply to any contract for public work awarded by that entity.
(Failed passage in Assembly Labor and Employment committee; reconsideration granted)
[PAGE 49]
AB 886 (Archie-Hudson-D) - Workforce Performance and Results Act of 1995
Creates the Workforce Performance and Results Act of 1995 to set performance standards and outcomes to measure the state's employment and training programs and their impact on the state's economic development. Provides that the pilot would be administered by the State Job Training Coordinating Council.
(In Senate Appropriations Committee)
AB 936 (Knox-D) - Employment: Violation of Employer Responsibilities
Revises an existing penalty and adds additional ones for willfull failure to obtain workers' compensation insurance at a proper rate, pay wages when due, maintain required payroll records, and make required unemployment insurance contributions.
(Failed passage in Assembly Labor and Employment Committee; reconsideration granted)
AB 983 (Firestone-R) - Occupational Safety and Health: Employer Injury Prevention Programs
Declares legislative intent to revise the law on employer injury prevention programs to eliminate unnecessary and duplicative reporting requirements, while still maintaining standards of safety and health existing prior to passage of the bill.
(In Assembly Labor and Employment Committee)
AB 1050 (Tucker-D) - Public Works: Contractors
Deletes the requirement that the Administrator of Apprenticeship approve the granting of a certificate by a joint apprenticeship committee exempting a public works contractor from the 1 to 5 ratio, and instead allows the joint apprenticeship committee to grant those exemptions in writing.
(Failed passage in Assembly Labor and Employment Committee; reconsideration granted)
AB 1079 (Archie-Hudson-D) - Employment
Reconstitutes the existing State Job training Coordinating Council as the State Human Resource Investment Council, replacing a number of federal and state councils.
(In Assembly Labor and Employment Committee)
[PAGE 50]
AB 1116 (Knox-D) - OSHA: Penalties
Increases various minimum and maximum penalties assessable for violations of the OSHA Law regarding reporting and treating of occupational illness or injuries.
(In Assembly Labor and Employment Committee)
AB 1149* (Alby-R) - Prevailing Wages
Raises the dollar threshold for public works projects in which prevailing wages are paid from $1,000 to $250,000.
(Failed passage in Assembly Labor and Employment Committee; reconsideration granted)
AB 1181 (Bordonaro-R) - Public Works: Prevailing Wages
Exempts a local public agency from prevailing wage requirements when a public works project is a prison, jail or other correctional facility for that local agency, if a majority of the governing body of that agency adopts a resolution or ordinance.
(Failed passage in Assembly Labor and Employment Committee; reconsideration granted)
AB 1251 (House-R) - OSHA: Civil Actions
Specifies that provisions of the OSHA Law do not apply to any civil action for personal injury or wrongful death that is not between the employee and employer, regardless of when the cause of action arose or occurred.
(In Assembly Labor and Employment Committee)
AB 1254 (Caldera-D) - Garment Manufacturers: Assistance
Requires the Division of Labor Standards Enforcement, upon request, to provide consulting services to garment manufacturing employers to assist with registration and compliance with other provisions of the Labor Code.
(In Assembly Labor and Employment Committee)
[PAGE 51]
AB 1279 (McDonald-D) - OSHA: Fiberglass
Requires the OSHA Board to adopt a standard limiting exposure to airborne fiberglass in accordance with specified recommendations of the U.S. National Institute for Occupational Safety and Health.
(Failed passage in Assembly Labor and Employment Committee; reconsideration granted)
AB 1294 (Campbell-D) - Public Works: Contract Claims
Establishes a procedure for the resolution of public works claims of $500,000 or less that arise between a prime contractor and a public agency, or between a subcontractor and a prime contractor, but would not apply to parties that have elected to resolve their disputes through arbitration procedures.
(In Assembly Judiciary Committee)
AB 1406 (Villaraigosa-D) - Employment
Makes it an unlawful employment practice if an employer (1) requires arbitration of claims as a condition of hiring or continued employment; (2) requires an employee or prospective employee to arbitrate a dispute before it arises; or (3) harasses, discharges, expels or discriminates against a person who opposes practices prohibited by the bill.
(In Assembly Labor and Employment Committee)
AB 1499 (Baldwin-R) - Public Works: Prevailing Wages
Increases the prevailing wages limit from $1,000 to $100,000 on public works projects.
(Failed passage in Assembly Labor and Employment Committee; reconsideration granted)
AB 1512 (Brewer-R) - Employment: Wrongful Discharge
Requires that employees give written notice to employers, and reasonable time to correct, prior to filing a civil action for wrongful discharge, as specified.
(Failed passage in Assembly Judiciary Committee; reconsideration granted)
[PAGE 52]
AB 1686 (Burton-D) - Severance Pay
Grants a severance pay entitlement to the employees of an employer who relocates or terminates a qualifying industrial or commercial facility, under specified conditions. Provides that the amount of the severance pay would be 1 week's pay for each year of employment by the employee in that establishment. Requires a person proposing the relocation or termination of a qualifying industrial or commercial facility to provide a 60-day prior written notice to the Employment Development Department, to the employees of the facility, and to the appropriate county clerk.
(Failed passage in Assembly Labor and Employment Committee; reconsideration granted)
AB 1729 (Morrow-R) - Evidence: Compliance Audit Privilege
Creates the Safety and Health Audit Privilege Act of 1995. Provides that in any civil, criminal or administrative proceeding, a safety and health audit report is privileged, is not admissible and is not subject to discovery pursuant to the rules of civil, criminal or administrative procedure, as specified.
(In Assembly Labor and Employment Committee)
AB 1751 (Knowles-R) - Support Enforcement
Permits the attachment of 25% of vocational rehabilitation maintenance allowance for child care support payments.
(In Senate Judiciary Committee)
AB 1824 (Escutia-D) - Employment: Bankruptcy: Notification
Requires employers to provide prescribed advance written notice to their employees of the employer's filing of a petition for voluntary bankruptcy. Makes violations of this requirement subject to a civil penalty of $100 per employee, payable to the employee.
(In Assembly Labor and Employment Committee)
AB 1870 (Frusetta-R) - Minimum Wage Enforcement Procedures
Revises the procedure for appealing civil penalties for minimum wage violations.
Chapter 393, Statutes of 1995
[PAGE 53]
AB 1961 (House-R) - Employment: Industrial Welfare Commission
Provides that the Industrial Welfare Commission (IWC) need not consult with the OSHA Standards Board in a joint meeting to discuss possible overlapping jurisdiction. Provides that the IWC shall file a copy of a "basis" statement for orders with the California Regulatory Notice Register. Requires the IWC to prepare a summary of all orders' basic minimum wage and overtime guarantees, and requires this summary to include information on how to contact the appropriate field office to obtain a full copy of the text.
(Failed passage in Assembly Labor and Employment Committee; reconsideration granted)
[PAGE 54]
Workers' Compensation
SB 145 (Rosenthal-D) - Workers' Compensation
Extends a special workers' compensation benefit of a leave of absence of up to 1 year in lieu of temporary disability benefits to peace officers employed by school, community college, transit and other special districts.
Vetoed by the Governor
SB 245 (Peace-D) - Workers' Compensation
Provides that the penalty for providing false or fraudulent information in specified workers' compensation cases is a "wobbler" for anyone who knew, or should be reasonably expected to have known, of the obligation to secure the payment of compensation.
(On Senate Unfinished Business File)
SB 247 (Peace-D) - Workers' Compensation: Insurance Fraud
Prohibits funds in the Workers' Compensation Fraud Account in the Insurance Fund from being transferred to the General Fund, and would authorize a supplemental distribution for allocating surplus funds to local district attorneys in any fiscal year.
Chapter 168, Statutes of 1995
SB 425 (Petris-D) - Workers' Compensation: Appeals Board Decisions
Requires the Workers' Compensation Appeals Board to issue a decision within 90 days after a petition for reconsideration and prohibits members of the board from receiving their salaries if any decision is not issued within the 90-day period.
(In Assembly Insurance Committee)
[PAGE 55]
SB 460 (Johannessen-R) - Workers' Compensation
Authorizes collective bargaining agreements that establish a dispute resolution process for workers' compensation instead of a hearing and other alternative workers' compensation programs between a private employer or group of employers engaged in manufacturing and a union that is the recognized or certified exclusive bargaining representative.
(In Senate Industrial Relations Committee)
SB 465 (Rosenthal-D) - Workers' Compensation: Runners and Cappers
Makes it unlawful to employ runners, cappers, steerers or other persons to procure clients or patients to perform or obtain workers' compensation services or benefits.
Chapter 574, Statutes of 1995
SB 590 (Marks-D) - Workers' Compensation
Extends existing law which provides workers' compensation for health care workers who suffer side effects from necessary immunizations to specified persons employed in law enforcement and firefighting, including volunteers.
(In Assembly Appropriations Committee)
SB 619 (Peace-D) - Workers' Compensation: Vocational Education
Specifies that students engaged in "job shadowing" are covered by the workers' compensation policy of the supervising school entity. Requires the Director of the Division of Workers' Compensation to prepare the report on the collective bargaining and alternative workers' compensation program on an annual basis. Requires the Department of Insurance to report annually to the Legislature and the Fraud Assessment Commission on the efforts of the Bureau of Fraudulent Claims and local district attorneys' to enforce compensation fraud laws, as specified.
Chapter 886, Statutes of 1995
SB 622 (Peace-D) - Workers' Compensation: Managed Care
Replaces existing 90-day, 180-day and 365-day standards for employer control with a single 180-day standard under which a worker must receive health care from a managed care organization when certain conditions are met. Also reduces, from 90 days to 30 days, the time period in which an employee may stop treatment.
(In Assembly Insurance Committee)
[PAGE 56]
SB 658 (Peace-D) - Workers' Compensation
Provides that if tuberculosis develops or is manifested during the period that a firefighter is in the service of his/her employer, it is presumed to be compensable for purposes of workers' compensation benefits unless controverted by other evidence.
Chapter 683, Statutes of 1995
SB 666 (Marks-D) - Workers' Compensation: Exclusive Remedy
Provides an exception to the statutory provision that workers' compensation is an employee's sole and exclusive remedy if injured while working. Allows an employee (or his/her surviving dependents) to file a law suit for civil damages if the injury or death resulted from a violent crime in the workplace -- and the employee proves by clear and convincing evidence that the employer knew of prior crimes, could have taken reasonable steps to increase security, and failed to do so.
(Failed passage in Senate Appropriations Committee)
SB 680 (Peace-D) - Workers' Compensation: Insurers
Requires insurers desiring to reinsure injury, disability or death portions of workers' compensation policies to post a bond or security deposit.
Chapter 148, Statutes of 1995
SB 682 (Peace-D) - Workers' Compensation Fraud
Requires the Medical Board of California, the State Bar and the Board of Chiropractic Examiners to each designate employees within existing resources to investigate and report to the Department of Insurance any possible fraudulent activities regarding workers' compensation.
Chapter 167, Statutes of 1995
[PAGE 57]
SB 996* (Lockyer-D) - Workers' Compensation: Employer Assessments
(1) Establishes a separate sub-account for the loss control program; (2) modifies procedures for collecting employer assessments from high hazardous employers to fund the Cal-OSHA targeted inspection and consultation programs; (3) postpones the repayment date of a General Fund loan that was used as startup funding for the programs from June 30, 1995 to not later than January 1, 1996; and (4) requires reports evaluating the effectiveness of the targeted inspection and consultation program and an alternative to the funding mechanism based on experience modifications by January 1, 1998.
Chapter 33, Statutes of 1995
SB 997 (Lockyer-D) - Workers' Compensation
Increases the maximum temporary disability, permanent total disability, permanent partial disability, and life pension workers' compensation benefits. Also extends the death benefit of totally dependent widows or widowers until death.
(In Senate Appropriations Committee)
SB 1051 (Solis-D) - Workers' Compensation
Makes technical and clarifying changes to provisions of the 1993 workers' compensation reform legislation that requires the annual reporting of workers' compensation data and the Cal-OSHA program to certify loss control programs required of workers' compensation insurance companies.
Chapter 556, Statutes of 1995
SB 1053 (Solis-D) - Workers' Compensation: Insurance Fraud
Makes it unlawful for any person to make any false or fraudulent statement in order to obtain cheaper workers' compensation insurance; requires premium fraud to be reported to local district attorneys and the Bureau of Fraudulent Claims; and provides that any surplus assessments, or fees, penalties, restitutions or recoveries made as a result of the prosecution of workers' compensation fraud are not to be deemed "unexpended" funds for any purpose.
Chapter 885, Statutes of 1995
[PAGE 58]
SB 1087 (Polanco-D) - Workers' Compensation Insurance
Makes technical and clarifying amendments to legislation enacted last year regarding requirements by insurers to notify employers that a policy will not be renewed, and prohibits the removal of the public members of the governing board of a rating organization except for cause.
Chapter 375, Statutes of 1995
SB 1156 (Mountjoy-R) - Workers' Compensation
Requires qualified medical examiners (QMEs) to comply with all applicable guidelines of the Industrial Medical Council; requires the council to evaluate the reliability of QMEs; exempts small employers as defined from the liberal construction provision and from liability for any potion of any injury or illness caused by the aging process; permits cumulative injuries for small employers to be compensable only if actual events of employment were the predominate cause of the injury; and prohibits pain being considered in rating a claim for permanent disability against small employers unless there is clear and convincing objective medical evidence for the basis of the pain.
(Failed passage in Senate Industrial Relations Committee)
SB 1218 (Johannessen-R) - Workers' Compensation
Amends the schedule for computing earnings for purposes of permanent partial disability indemnity and for the determination of the percentage of permanent disabilities as it relates to workers' compensation.
(In Senate Industrial Relations Committee)
SCR 15 (Peace-D) - Joint Committee on Workers' Compensation
Establishes a Joint Committee on Workers' Compensation and authorizes the Senate committee on Rules to make monies available from its operating funds as necessary for the expenses of the committee. The committee would be required to report to the Legislature at the end of each legislative session on its findings and recommendations. The committee's existence would terminate on January 31, 1997.
(In Senate Rules Committee)
[PAGE 59]
AB 1 (Aguiar-R) - Workers' Compensation: Inmate Labor
Prohibits inmates incarcerated in a state or local penal or correctional institution from being entitled to workers' compensation benefits resulting from injuries or death occurring in the course of assigned employment, including specified voluntary employment and in work-furlough programs, as specified.
(Failed passage in Assembly Public Safety Committee)
AB 591 (Mazzoni-D) - Workers' Compensation: Injury
Provides that the term "injury," for purposes of workers' compensation relative to local firefighting and law enforcement personnel, includes hepatitis that develops or manifests itself during service.
(To interim study)
AB 891 (Rogan-R) - Workers' Compensation: Criminal Prosecution
Provides that the legal doctrine of collateral estoppel does not prevent relitigation of issues decided in a workers' compensation proceeding in a subsequent criminal proceeding.
Chapter 158, Statutes of 1995
AB 894 (Kaloogian-R) - Workers' Compensation Law
Provides that in case of an occupational disease or cumulative injury, the injury is to be presumed compensable if liability is not rejected within 180 days after the date the claim form is filed.
(Failed passage in Assembly Insurance Committee; reconsideration granted)
AB 914 (Cunneen-R) - Workers' Compensation
Permits an employer to satisfy the requirement to secure the payment of workers' compensation for employees provided by another employer by entering into a "valid and enforceable agreement" with the other employer to provide coverage for the workers.
Chapter 800, Statutes of 1995
[PAGE 60]
AB 1002 (Burton-D) - Workers' Compensation: Acupuncturists
Deletes the January 1, 1997 sunset date on the law which includes acupuncturists in the definition of "physician" in the workers' compensation law.
(Failed passage in Assembly Insurance Committee; reconsideration granted)
AB 1003 (Burton-D) - Workers' Compensation
Provides that acupuncturists certified as qualified medical evaluators may determine disability for purposes of workers' compensation and for purposes of unemployment compensation disability insurance. Requires all physicians to be given the test given to qualified medical evaluator applicants and requires the test to include questions relating to the determination of disability for the purposes of the workers' compensation system.
(Failed passage in Assembly Insurance Committee; reconsideration granted)
AB 1034 (Firestone-R) - Workers' Compensation: Intoxication
Establishes a rebuttable presumption that an injury is caused by an employee's intoxication when the injured employee has 0.08 or more, by weight, of alcohol in his or her blood, or the presence of an unlawfully used controlled substance is found in the bodily fluids of the injured employee.
(In Assembly Insurance Committee)
AB 1046 (Tucker-D) - Workers' Compensation Appeals Board: Hearings
Requires the Worker' Compensation Appeals Board to serve a notice of hearing to all entities who have notified the appeals board that they have a statutory interest in a claim for compensation.
(In Senate Appropriations Committee)
AB 1051 (Tucker-D) - Workers' Compensation
Imposes, at the discretion of the Director of the Department of Industrial Relations, an additional penalty on uninsured employers of the approximate amount of workers' compensation insurance premiums the employer would have owed during the period of time the employer was uninsured.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
[PAGE 61]
AB 1105 (Aguiar-R) - Workers' Compensation
Provides that for a cumulative injury to be compensable, an employee must demonstrate by a preponderance of the evidence that the injury was predominantly caused by actual activities of employment.
(Failed passage in Assembly Insurance Committee; reconsideration granted)
AB 1106 (Aguiar-R) - Workers' Compensation: Health Care
Makes a number of changes concerning health care provisions in the Workers' Compensation Law.
(Failed passage in Assembly Insurance Committee reconsideration granted)
AB 1288 (Kaloogian-R) - Workers' Compensation: Stress
Provides that an elected officer of the state or of any local public entity is not to be entitled to benefits on account of a psychiatric injury or a physical injury caused by stress.
(Failed passage in Assembly Insurance Committee; reconsideration granted)
AB 1378 (Thompson-R) - Contractors: Workers' Compensation
Revises various procedural requirements relating to a contractor's obligation to maintain workers' compensation insurance.
(In Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)
AB 1394 (Poochigian-R) - Workers' Compensation Referees
Provides for the appointment of referees for 4-year terms, instead of civil service status, with possible reappointment after 4 years. Provides that the Commission on Judicial Performance is to have the authority to investigate the conduct, acts or omissions of referees with respect to conduct regulated by the California Code of Judicial Conduct, as specified.
(Failed passage in Assembly Insurance Committee; reconsideration granted)
[PAGE 62]
AB 1410 (Villaraigosa-D) - Workers' Compensation: Firefighters
Allows a firefighter (or his/her surviving dependents) to sue a manufacturer of an aerial firefighting device if an injury or death resulted from a defect in such device.
(In Assembly Judiciary Committee)
AB 1474 (Pringle-R) - Workers' Compensation: Treatment
Provides that after 1 year from the date an injury is reported, the employee may be treated by a physician of his or her own choice or at a facility of his or her own choice.
(Failed passage in Assembly Insurance Committee; reconsideration granted)
AB 1477 (Harvey-R) - Workers' Compensation: Permanent Partial Disability
Provides a rebuttable presumption that a prior injury to a particular body part, that resulted in a permanent partial disability award with respect to that body part, is a preexisting condition for purposes of any later injury to that body part.
(In Senate Industrial Relations Committee)
AB 1609 (Brewer-R) - Workers' Compensation
Clarifies provisions of Chapter 776, Statutes of 1994, to ensure that the reporting of corrections and revisions of loss data conforms to unit statistical and experience rating plans.
Chapter 161, Statutes of 1995
AB 1650* (Morrissey-R) - Workers' Compensation
Requires an injured worker who is receiving temporary or permanent disability benefits, upon the request of the insurer or self-insured employer, to report all earned income and benefits, as specified, to the insurer or self-insured employer that is paying the compensation. Provides that the employee's report of income and benefits is to be signed under penalty of perjury. Provides that if the employee fails to file the report, benefit payments may be suspended after notice to the employee.
(Failed passage in Assembly Insurance Committee; reconsideration granted)
[PAGE 63]
AB 1749 (Knowles-R) - Workers' Compensation
Makes various changes to the vocational rehabilitation (VR) program including limiting the review of the VR plan by a VR representative, placing a maximum expenditure of $16,000 when an individual participates in more than one plan, replacing the 12-month liability for the employer to a length of time equal to the time the injured worker was employed by that employer, and using the cost of VR to offset the cost of permanent disability benefits.
(In Assembly Insurance Committee)
AB 1750 (Knowles-R) - Workers' Compensation
Specifies that when payment of compensation under the workers' compensation law has been unreasonably delayed or refused, the penalty will be 25% or $500, whichever is greater, for that portion of the award that was unreasonably delayed (current law specifies the penalty is the full amount of the award increased by 10%).
(In Senate Industrial Relations Committee)
AB 1753 (Knowles-R) - Workers' Compensation
1. Modifies existing procedures requiring insurers to obtain approval of all policy forms from the Insurance Commissioner prior to use (provides for file and use of policy forms).
2. Clarifies the role of the policyholder ombudsman in disputes regarding insurers and in obtaining information for policyholders regarding the employer's bill of rights.
3. Repeals a provision that permits the State Compensation Insurance Fund to cancel a policy on a pro-rata basis after notice.
Chapter 582, Statutes of 1995
AB 1842 (Figueroa-D) - Workers' Compensation: Industrial Medical Council
Authorizes the medical director of the Industrial Medical Council to employ medical assistants who shall be licensed "physicians," defined to include physicians and surgeons holding an M.D. or D.O. degree, psychologists, acupuncturists, optometrists, dentists, podiatrists, and chiropractic practitioners.
(Failed passage in Assembly Insurance Committee; reconsideration granted)
[PAGE 64]
AB 1859 (V. Brown-D) - Administrative Regulations: Division of Workers' Compensation
Makes the Division of Workers' Compensation subject to the Administrative Procedures Act for purposes of promulgating regulations.
(In Assembly awaiting concurrence)
A similar bill is AB 1756 (Knowles-R) which is in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee.
AB 1968 (McDonald-D) - Workers' Compensation: Qualified Medical Evaluators
(1) Modifies the requirements for qualifying as a qualified medical examiner (QME); (2) provides that a QME may be removed without hearing for failure to pay a registration fee or for loss of a license to practice medicine; (3) provides for exceptions to a 30-day deadline for completion of medical reports for emergencies and when test results are delayed.
Chapter 319, Statutes of 1995
[PAGE 65]
Unemployment Insurance
SB 542 (Rosenthal-D) - Maximum Disability Benefits
Increases the maximum weekly state disability insurance benefit from $336 to $406.
(In Assembly Insurance Committee)
SB 667 (Marks-D) - Disability Benefits: Unpaid Family Leave
Requires a report on the costs of (1) extending unemployment compensation disability benefits to employees who take unpaid leave due to the serious health condition of a family member, and (2) extending those benefits to private industry employers of less than 50 employees.
(Failed passage in Assembly Labor and Employment Committee; reconsideration granted)
SB 728 (Johnston-D) - Unemployment Insurance
Eliminates Unemployment Insurance (UI) benefits for individuals who in their highest quarter earned less than $1,053. In addition, the bill increases maximum weekly UI benefits from $230 to $258.
(In Assembly Insurance Committee)
SB 1157 (Mountjoy-R) - Unemployment Insurance
Provides that the Unemployment Insurance (UI) accounts of employers are not charged for UI benefits paid to workers who quit to take better jobs.
Chapter 172, Statutes of 1995
SB 1297 (Johannessen-R) - Maximum Disability Benefits: Reduction of Weeks
Increases the maximum weekly state disability insurance benefit from $336 to $406, but reduces the weekly payment from 52 to 26 times a year.
(In Senate Industrial Relations Committee)
[PAGE 66]
AB 212 (Johnson-R) - Unemployment Insurance: False Identification
Adds the use of false identification to the list of acts which disqualify a person from receiving unemployment insurance benefits.
Chapter 397, Statutes of 1995
AB 272 (Kuykendall-R) - Employment: Taxes and Contributions
Enacts the Employment Taxpayer's Bill of Rights Act of 1995 and:
1. Mandates the development of a taxpayer education program by the Employment Development Department.
2. Provides relief to employers who fail to make a timely return or payment based upon written advice from the Employment Development Department.
3. Establishes a settlement process for employment related tax disputes within the Employment Development Department.
4. Clarifies the exemption from the definition of an employee afforded persons engaged in "in-home sales".
Chapter 541, Statutes of 1995
AB 525 (Aguiar-R) - Unemployment Insurance: Taxicab Drivers
Amends the California Unemployment Insurance Code to specify under what conditions a taxicab driver is considered an independent contractor and exempt from the definition of employment.
(Failed passage in Assembly Insurance Committee; reconsideration granted)
AB 1167 (Boland-R) - Real Estate Appraisers: Employment Status
Excludes real estate appraisers who perform work under specific conditions from the definition of employment with respect to unemployment and disability benefits.
(On Assembly Inactive File awaiting concurrence)
[PAGE 67]
AB 1655 (Hannigan-D) - Amateur Sports Officials: Employment Status
Requires the Employment Development Department to adopt regulations by July 1, 1996 to establish criteria for the exemption of amateur sports officiating from the definition of employment for purposes of unemployment insurance and disability insurance compensation.
Chapter 725, Statutes of 1995
AB 1821 (Battin-R) - Unemployment Insurance
Provides that the Unemployment Insurance (UI) accounts of employers are not charged for UI benefits paid to workers who quit to take better jobs.
Chapter 383, Statutes of 1995
[PAGE 68]
Financial Institutions
SB 186 (Maddy-R) - Residential Mortgage Lending: Definitions
Makes changes to the provisions and conditions of operability of the California Residential Mortgage Lender Act. Authorizes a residential mortgage lender to buy from or sell to institutional investors, as defined, residential mortgage loans. Authorizes a residential mortgage lender, pursuant to certain requirements, to act as an agent of institutional investors to solicit, process or underwrite residential mortgage loans. Expands the definitions of "institutional investor" and "institutional lender." Exempts insurance companies and trustees under a deed of trust from the provisions of the Residential Mortgage Lending Act.
Chapter 228, Statutes of 1995
SB 261 (Campbell-R) - Securities
Establishes an exemption for offers or sales of a security under a stock purchase or stock option plan that complies with the requirements of federal law, revises the provisions to exempt certain exchanges involved in a merger or sale of assets, provides for a minimum offering price of $2 per share of voting common stock and preferred stock, and imposes a fee for filing the notice of transactions relating to the offer or sales of securities.
(In Assembly Banking and Finance Committee)
SB 411 (Calderon-D) - Residential Mortgage Lending
Amends the Residential Mortgage Lending Act authorizing licensed mortgage bankers to arrange loans made by other institutional lenders.
(In Assembly Appropriations Committee)
SB 616 (Marks-D) - Financial Institutions: Consumer Fees
Prohibits financial institutions from charging and collecting deposit item return fees from consumers who deposit checks that are subsequently not honored due to insufficient funds.
(Failed passage in Senate Finance, Investment and International Trade Committee; reconsideration granted)
[PAGE 69]
SB 740 (Lewis-R) - Loans: Credit Insurance
Repeals the limitation in the California Finance Lenders Law on charges that can be imposed on credit life and disability insurance, leaving rates to be set by the Department of Insurance.
Chapter 257, Statutes of 1995
SB 820 (Russell-R) - Escrow Agents: Additional Business Locations
Provides for escrow agents bonding requirements as related to additional business office locations.
Chapter 226, Statutes of 1995
SB 855 (Killea-I) - Banks: Regulations
Enacts the State Bank Parity Act, and provides the State Banking Department with the discretionary authority to adopt emergency regulations to provide parity for state-chartered banks whenever national banks by statute or regulation are given greater powers at the federal level, to include specific areas of existing technical disparity.
Chapter 754, Statutes of 1995
SB 912 (Calderon-D) - Financial Institutions: Finance Lenders
Makes various changes to the California Finance Lenders Law, including certain charges, bonds for applicants, reports and fees and charges to borrowers, as specified.
Chapter 692, Statutes of 1995
SB 946 (Johnston-D) - Lending: Residential Mortgages
A technical clean-up measure which changes the provisions and conditions of operability of the California Residential Mortgage Lender Act.
Chapter 564, Statutes of 1995
[PAGE 70]
SB 1003 (Killea-I) - California Export Finance Office
Adds an exemption to the Bagley-Keene Open Meeting Act and the California Public Records Act for the California Export Finance Board, or a subcommittee of the board, for loan guarantee reviews. Also increases the membership of the California Export Finance Board from 9 to 11, with two additional members appointed by the California State World Trade Commission.
Chapter 835, Statutes of 1995
SB 1129 (Killea-I) - Depository Institutions
Transfers the jurisdiction over state-chartered savings associations from the Department of Savings and Loans and the Savings and Loan Commissioner to the Commissioner of Corporations and the Department of Corporations, and makes related changes.
(In Assembly Banking and Finance Committee)
Similar legislation includes SB 1345* (Boatwright-R), which contained many provisions of which this was one, was vetoed by the Governor; and SB 140 (Alquist-D) which is in Senate Budget and Fiscal Review Committee.
SB 1265 (Peace-D) - Economic Development
Revises the Bergeson-Peace Infrastructure Bank Act to modify an existing provision of law that authorizes the California Infrastructure and Economic Development Bank (CIED Bank) to borrow money for start-up costs from special funds, the General Fund, or PMIA, and instead, authorizes the bank to specifically borrow funds for this purpose from the PMIA or from any special funds.
Makes numerous changes in the governing structure, including removal of the supervision and authority of the California Housing Infrastructure Finance Agency, and places the California Economic Development Financing Authority under the supervision of the bank. Includes state highway projects within the scope of improvements which may be financed through the Bergesen-Peace Infrastructure Economic Development Bond Act.
Chapter 863, Statutes of 1995
SB 1337* (Killea-I) - General Obligation Bonds: Commercial Paper
Allows the State Treasurer's Office to issue general obligation bonds in the form of commercial paper notes and revenue anticipation notes in the form of commercial paper, as specified.
Chapter 697, Statutes of 1995
[PAGE 71]
AB 512 (Richter-R) - Investments by Trust Companies
Authorizes California trust companies to invest fiduciary accounts in mutual funds for which the trust company also provides advisory services.
Chapter 581, Statutes of 1995
AB 640 (Weggeland-R) - Corporations: Notice
Makes technical changes to both the General Corporation Law and the Nonprofit Corporations Law. Expands the statutory notice requirement to include telephone voice messaging systems, facsimile message systems, electronic mail systems or other electronic means.
Chapter 154, Statutes of 1995
AB 706* (Caldera-D) - Financial Institutions
Allows the state to implement provisions of the federal Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 for California in connection with industrial loan companies.
Chapter 479, Statutes of 1995
AB 775 (Aguiar-R) - Escrow Agents' Fidelity Corporation
Modifies restrictions on the advertising that escrow agents and the Escrow Agents' Fidelity Corporation may do with respect to membership in the corporation and its benefit to consumers.
(In Senate Finance, Investment and International Trade Committee)
AB 919 (Cunneen-R) - Corporate Securities Law of 1968
Allows the Commissioner of Corporations to participate with other states in a nationwide central depository for securities registration and also for securities registration documents to be filed electronically.
Chapter 596, Statutes of 1995
[PAGE 72]
AB 1110 (Kaloogian-R) - Financial Transactions
Extends the court's authority to appoint a receiver in an action for specific performance to enforce an assignment of rents clause to also authorize the appointment of a receiver after the entry of judgment in that action when it is appropriate to protect, operate, or maintain the subject property or to collect rents while pending non-judicial foreclosure proceedings are being completed.
Chapter 384, Statutes of 1995
AB 1196 (Takasugi-R) - Industrial Loan Companies: Real Estate Loans
Allows for an additional exception from the loan-to-value ratio limitations for loans secured by real estate made by industrial loan companies.
Chapter 182, Statutes of 1995
AB 1293 (Weggeland-R) - Loans
As it relates to a finance lender or broker licensed under the California Finance Lenders Law, adds to the definition of "institutional investor" a trust or other business entity established by an institutional investor for the purpose of securitizing loan pools.
Chapter 271, Statutes of 1995
AB 1482* (Weggeland-R) - Financial Institutions: Federal Regulations
Allows the state to implement provisions of the federal Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 for California in connection with commercial banks.
Chapter 480, Statutes of 1995
AB 1536 (Weggeland-R) - Industrial Loan Companies: Appraisal Fee
Allows an industrial loan company (ILC) to charge a fee for an appraisal, not to exceed the actual cost of the appraisal, and requires an ILC to provide a copy of the appraisal if a fee is charged and upon request from the borrower.
Chapter 272, Statutes of 1995
[PAGE 73]
AB 1646 (Conroy-R) - Escrow
Requires that attorneys licensed to practice law in California who perform escrow services obtain fidelity bond coverage for the escrow trust accounts they administer. Requires that title insurers, underwritten title companies and controlled escrow companies that perform escrow services obtain fidelity bond coverage for the escrow trust accounts they administer. Repeals the exemption for real estate brokers from compliance with all of the provisions of the Financial Code applicable to Escrow Agents.
(Failed passage in Assembly Banking and Finance Committee; reconsideration granted)
AB 1695 (Johnson-R) - Mortgages: Utility Liens
Makes a number of technical and clarifying changes to the law regarding the non-judicial foreclosure process.
Chapter 752, Statutes of 1995
AB 1696 (Johnson-R) - Industrial Loan Companies: Authorized Investment of Funds
Prohibits a bank holding company or other holding company from another state from acquiring control of specified industrial loan companies without approval of the Commissioner of Corporations. Prohibits the acquisition of recently created industrial loan companies, as specified. Authorizes an industrial loan company to act as an agent of an industrial loan company or bank under certain conditions. Authorizes the merger or consolidation of an industrial loan company with an out-of-state industrial loan company or bank. Provides for the merger or consolidation of industrial loan companies and banks, as specified. Requires the commissioner to advise those officials prior to commencing any enforcement action against a survivor financial institution. Authorizes an industrial loan company to establish and maintain branch offices outside this state, subject to prior approval of the commissioner.
(In Assembly Banking and Finance Committee)
AB 1725* (Knight-R) - Escrow Agents
Allows escrow agents to pay their regulatory assessments to the Department of Corporations in three equal installments, and allows escrow agents to also pay the Escrow Agents Fidelity Corporation annual assessments for the Operations Fund in three equal installments.
Chapter 297, Statutes of 1995
[PAGE 74]
Miscellaneous
SB 13* (Beverly-R) - Limited Liability Companies
Makes a number of largely technical changes affecting limited liability companies, including waiving the interest payment for companies which fail to pay their $800 annual tax prior to January 3, 1995.
Chapter 2, Statutes of 1995
SB 141* (Beverly-R) - Limited Liability Companies
Makes a variety of substantive and technical changes to the law regarding Limited Liability Companies (LLCs). The more substantive changes concern voting rights, distribution rules, liability and dissolution. Clarifies that LLCs may not engage in any type of professional services.
(In Assembly Judiciary Committee)
SB 513* (Calderon-D) - Limited Liability Companies
Establishes a statutory framework for the formation of limited liability partnerships and the registration of foreign limited liability partnerships in the State of California. These partnerships would be involved in either the practice of law or public accounting.
Chapter 679, Statutes of 1995
SB 679 (Killea-I) - Displaced Homemaker Loans
Reestablishes the Displaced Homemaker Emergency Loan Act, and sunsets its provisions on September 30, 1998.
Chapter 488, Statutes of 1995
SB 806 (Monteith-R) - Civil Rights
Exempts churches and tax-exempt nonprofit organizations whose primary purpose is religious, charitable, or for the advancement of social welfare, from the Unruh Civil Rights Act, except to the extent of, and as to, business-like activities of the organizations.
(In Senate Judiciary Committee)
[PAGE 75]
SB 873 (Russell-R) - Mediation
Provides for the certification of individuals who meet certain education and training requirements, and who also wish to hold themselves out to the public as a Certified Mediator, as specified.
(In Senate Judiciary Committee)
SB 888 (Maddy-R) - Fees
Increases and decreases fees charged by the Secretary of State for various purposes, including filing and/or registering of specified documents. Creates the Business Reinvestment Fund, to be used by the Secretary of State to implement new technological developments and system improvements.
Chapter 656, Statutes of 1995
SB 1027 (Marks-D) - Interior Designers
Extends the sunset date of the interior designers regulatory scheme by 1-year from July 1, 1997 to July 1, 1998.
Vetoed by the Governor
SB 1028 (Marks-D) - Interior Designers
Defines an interior designers organization as a nonprofit professional organization of interior designers whose governing board includes representatives of the public.
Chapter 891, Statutes of 1995
SB 1052 (Solis-D) - Contractors
Provides free access to licensees' place of business by the Contractors State License Board in order to prohibit unlicensed activity, as specified.
(In Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)
[PAGE 76]
SB 1061 (Mountjoy-R) - Contractors
Provides various cleanup and technical changes to the State Contractors License Law including revisions concerning written contracts between contractors and consumers, suspension of corporate contractors license, license and judgment bonds and corporate contractor dissolution mergers or surrender notice requirements.
Chapter 467, Statutes of 1995
SB 1112 (Polanco-D) - Garment Manufacturing
Permits the Labor Commissioner to issue temporary registrations for up to 90 days to garment manufacturers when the processing of an application for registration has not been completed, and requires the Labor Commissioner to notify all registrants of the need to re-register within 90 days prior to the expiration of an existing registration.
(Failed passage in Assembly Labor and Employment Committee; reconsideration granted)
SB 1353* (Solis-D) - Garment Manufacturers
Appropriates $2.5 million for the 1995-96 fiscal year from the Employment Development Contingency Fund to the Department of Industrial Relations for the enforcement of labor laws in the garment industry and codifies a memorandum of understanding between the Department of Industrial Relations and the federal Immigration and Naturalization Service about information-sharing as it relates to garment manufacturers and farm labor contractors.
(In Assembly Rules Committee)
AB 123 (Rainey-R) - Locksmiths
Exempts agents or employees of retail establishments, law enforcement officers and firefighters or emergency personnel from locksmith licensure requirements, if certain conditions are met.
Chapter 122, Statutes of 1995
AB 676 (Brulte-R) - Independent Contractors
Provides that for purposes of a written contract specifying that a party is an independent contractor, establishes a rebuttable presumption the party is an independent contractor.
(Failed passage in Assembly Labor and Employment Committee)
[PAGE 77]
AB 679 (Conroy-R) - Electricians
Requires the State Fire Marshal, with the advice of the state Board of Fire Services, to establish minimum standards and institute a program of training and competency for electricians, other than licensed contractors.
(In Assembly Governmental Organization Committee)
AB 699 (Cunneen-R) - Corporations: Meetings
Amends the law regulating meetings of corporate boards of directors to allow meetings by means of reading an electronic video screen or other communications equipment.
Chapter 811, Statutes of 1995
AB 717 (Ducheny-D) - Building Inspection Certification
Establishes certification training and continuing education requirements for "construction inspectors", "plan examiners" and "building officials" employed by a local agency.
Chapter 623, Statutes of 1995
AB 756 (Burton-D) - Pawnbrokers
Makes numerous changes in the law relating to pawnbrokers, as specified
Vetoed by the Governor
AB 836 (Weggeland-R) - Nonprofit Corporations: Suspension of Powers
Provides that a nonprofit corporation's powers will be suspended by the Secretary of State if it fails to file the required annual reports; has not filed the report for the preceding 24 months; and has received notice of the $50 penalty for the violation.
Chapter 218, Statutes of 1995
[PAGE 78]
AB 919 (Cunneen-R) - Corporate Securities
Allows the Corporations Commissioner to participate with the other states in a nationwide central depository for securities registration and also for securities registration documents to be filed electronically.
Chapter 596, Statutes of 1995
AB 1096 (Ducheny-D) - Dry Cleaners
Imposes a new fee on dry cleaning plants and suppliers of dry cleaning solvents for a groundwater reclamation and protection program.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
AB 1260 (Machado-D) - Accountants
Repeals the current register provisions of the Board of Accountancy law and instead requires the board to compile and maintain a register of licensees that contains information that the board deems necessary. Specifies continuing education requirements for several categories of licensees.
(In Senate Business and Professions Committee)
AB 1270 (McPherson-R) - Alarm Companies
Provides that information on the application for an alarm company operator's license and the alarm agent's application for registration with the Bureau of Security and Investigative Services are to be confidential under the Information Practices Act, as specified.
Chapter 359, Statutes of 1995
AB 1541 (Lee-D) - Repossessors
Revises various provisions of the Repossessors Act including renaming the act the Collateral Recovery Act, as specified.
Chapter 505, Statutes of 1995
[PAGE 79]
AB 1788 (Brewer-R) - Office of Permit Assistance
Requires the Trade and Commerce Agency to implement a grants program within the Office of Permit Assistance to award grants to local entities to be used to implement local permit streamlining programs.
Chapter 717, Statutes of 1995
AB 1915 (V. Brown-D) - Contractors
Requires the Contractors State License Board to develop criteria to certify that a contractor has necessary work experience and knowledge to satisfactorily perform a public works contract.
(In Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)
[PAGE 80]
CONSUMERISM
NOTE:*Denotes Urgency Legislation
[PAGE 81]
Consumerism
SB 21* (Lewis-R) - Industrial Containers: Child Safety Labels
Gives manufacturers, distributors or sellers of industrial containers the option of applying to those containers either two child safety labels, one in English and one in Spanish, or one label with English on the top half and Spanish on the bottom half.
Chapter 176, Statutes on 1995
SB 112 (Hurtt-R) - Contractors: Complaint Information
Prohibits the public record of a citation or civil penalty against a person licensed under the Contractors State License Law from being disclosed if the contractor has had no citations, or civil penalties for 5 years. Does not affect the right to discovery in civil actions.
(On Assembly Third Reading File)
SB 137 (Craven-R) - Auto Repair Dealers
Requires the current automotive repair dealer registration form to designate an applicant as an auto body repair shop, and be accompanied by a written statement signed under penalty of perjury that the applicant has been issued licenses or permits if required by law. Gives the Bureau of Automotive Repair authority to issue citations and levy fines against licensees for violations and against unlicensed activity.
Chapter 445, Statutes of 1995
SB 142 (Boatwright-D) - Sellers of Travel
Requires educational travel organizations, as defined, to have a written contract with an educational institution before any student travel program is arranged. Provides that the repeal of the Travel Promoters Law, the Seller of Travel Law, or the Consumer Restitution Plan Law does not affect any civil or criminal proceeding predicated on a violation prior to their repeal.
Chapter 772, Statutes of 1995
[PAGE 82]
SB 258 (O'Connell-D) - Home Inspectors
Establishes a standard of care for home inspectors and prohibits certain unfair business practices related to home inspectors, as specified.
(In Assembly Consumer Protection, Governmental Efficiency, and Economic Development Committee)
SB 304 (Rosenthal-D) - Water Heaters
Requires all water heaters to be strapped to resist falling in an earthquake, as specified.
Chapter 98, Statutes of 1995
SB 306 (Rosenthal-D) - Insurance Policies
Enacts various consumer protection measures associated with insurance policies, including directing insurers to provide reasons for policy cancellation or non renewal, and requires prior written notice by the insurer of premium increases.
Chapter 791, Statutes of 1995
SB 320 (Petris-D) - Senior Mortgages: Unfair Trade Practices
Provides that is a unfair business practice to make a home solicitation of a senior citizen where a loan encumbering the person's residence is made for the purpose of paying for home improvements, as specified.
Chapter 255, Statutes of 1995
SB 325 (Russell-R) - Recreational Vehicle Dealers: Sales
Imposes conditions on the sales of recreational vehicles at temporary branch license locations, including geographical limits, advertising and promotional materials disclosures, service and warranty information and manufacturers' authorizations.
Chapter 923, Statutes of 1995
[PAGE 83]
SB 396 (Maddy-R) - Food Facilities
Requires the Department of Health services (DHS) to approve, and when necessary, develop specified sanitation standards for food facilities. Allows DHS to assess an hourly fee to cover costs incurred for requested investigations. Makes other updates and revisions to the California Uniform Retail Food Facilities Law.
Chapter 852, Statutes of 1995
SB 426 (Leslie-R) - Environmental Advertising
Repeals various provisions of existing environmental law and, instead, makes it unlawful for a person to make an untruthful, deceptive, or misleading environmental marketing claim, whether explicit or implied, that does not meet or exceed the standards or is not consistent with the examples contained in the Guides for Use of Environmental Marketing Claims published by the Federal Trade Commission (FTC) on July 27, 1992. Requires the FTC guidelines to be used as a defense in any suit regarding these types of claims.
Chapter 642, Statutes of 1995
Similar legislation is AB 227* (Sher-D) which failed passage in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee.
SB 432 (Hughes-D) - Contractors: Home Improvements
Provides that any security interest in real property by the contractor to secure any payment for providing any home improvement goods or services is unenforceable if the contractor or salesperson omits information from the contract which is currently required by existing law.
Vetoed by the Governor
SB 538 (Hughes-D) - Retail Installment Accounts
Provides that a retail installment account agreement is deemed to be accepted by a buyer if the buyer either (1) signs the credit agreement, or (2) uses the account and the buyer has been notified in writing that the use of the account will mean that the agreement has been accepted by the buyer.
Chapter 566, Statutes of 1995
[PAGE 84]
SB 539 (Hughes-D) - Credit Sales: Annual Statements
Replaces the law requiring a retail seller to furnish to all credit customers an annual written statement of the finance charges assessed to or paid by the credit buyer in the preceding year, with a requirement that the seller must only furnish that annual statement at the credit buyer's request.
Chapter 693, Statutes of 1995
SB 610 (Leonard-R) - Consumer Contracts: Cable Television
Prohibits fees for delinquent payments to contracts for the sale or lease of cable television services entered into on or after January 1, 1996, unless specified requirements are met.
(In Senate Energy, Utilities, and Communications Committee)
SB 639 (Peace-D) - Contractor Repairs
Makes it a misdemeanor/felony for a contractor to commit insurance fraud by providing a kickback to insurers or by giving a discount intending to offset the deductible. Makes it a wobbler for a contractor to offer an insurer or its agents any fee, commission, profit sharing etc. for referring as insured to that contractor when the amount exceeds $400.00 and a misdemeanor in all other cases.
Chapter 373, Statutes of 1995
SB 735 (Marks-D) - Consumer Fraud: Food Packaging
Prohibits a food container from being made, formed, or filled as to be misleading, as specified. Describes what constitutes slack fill for purposes of that provision.
Chapter 849, Statutes of 1995
SB 740 (Lewis-R) - Credit Insurance
Repeals the limitation in the California Finance Lenders Law on charges that can be imposed for credit insurance leaving the rates to set by the Department of Insurance.
Chapter 257, Statutes of 1995
[PAGE 85]
SB 798 (Mountjoy-R) - Heaters: Gas Logs
Allows the use of unvented decorative logs and fireplaces as specified.
(On Senate Inactive File)
SB 827 (Kelley-R) - Automotive Repair
Exempts certain wholesale suppliers of new or rebuilt automotive parts from the automotive repair dealer registration requirement, as specified. Sunsets January 1, 1998.
Chapter 572, Statutes of 1995
SB 930 (Leonard-R) - Product Liability
Enacts the California Product Liability Reform Act of 1995 establishing specific provisions governing the determination of strict liability for design defects, and exempts prescription drug manufacturers from strict liability for design defects.
(Failed passage in Senate Judiciary Committee; reconsideration granted)
Similar legislation is AB 1601 (Poochigian-R) which failed passage in Assembly Judiciary Committee; reconsideration granted.
SCR 16 (O'Connell-D) - Service Station Access: Disabled Persons
Requests the Department of Rehabilitation to convene a work group, representing specified organizations, to determine methods to provide better automobile refueling access for disabled motorists. Requires the work group to report to the Governor and the Legislature on changes or enhancements to existing law that would provide improved access.
Resolution Chapter 67, Statutes of 1995
SCR 19 (Russell-R) - Family Values: Entertainment Industry
Encourages the entertainment industry to eliminate violence, profanity and sexually-explicit acts or sexually-explicit references or innuendos from daytime and prime time programming, and to promote programs that reflect family values and teach civic responsibility.
Resolution Chapter 40, Statutes of 1995
[PAGE 86]
AB 40 (Baca-D) - Consumer Protection: Wheelchairs
Requires all new wheelchairs to be sold with an express warranty of at least one year and requires all used wheelchairs to be sold with an express warranty of at least 60 days, as specified.
Chapter 461, Statutes of 1995
AB 434 (Rainey-R) - Collectibles
Increases the penalty in private civil actions for violations of the Sports Trading Card Law. Expands the regulation and civil penalties of the law that regulates the sale of autographical sports memorabilia (collectibles).
Chapter 360, Statutes of 1995
AB 576 (Villaraigosa-D) - Product Liability: Semiautomatic Pistols
Makes manufacturers of a semiautomatic handgun liable for all damage caused by a semiautomatic pistol that does not have a loaded chamber indicator.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 578 (Napolitano-D) - Telemarketing
Requires telephone sellers engaged in solicitation contracts or offers to disclose to buyers their cancellation rights.
Chapter 109, Statutes of 1995
AB 628 (Thompson-R) - Advertising: Made in U.S.A.
Makes it unlawful to use any name or term such as American or U.S.A. or picture or symbol such as an American Flag, or to make any other statement in an untrue or misleading manner so as to imply that any property, goods or thing produced, made, or manufactured, or otherwise had its origin in the United States when the merchandise has been substantially made, manufactured or produced outside the United States, as specified.
(In Senate Business and Professions Committee)
[PAGE 87]
AB 747* (V. Brown-D) - Fire Retardant Roofs
Requires that, in order to be sold in this state, all wood roofing materials are to pass a weathering test, as specified. Requires certification of the roof covering classification be provided to the installer by the manufacturer or the supplier.
Chapter 333, Statutes of 1995
AB 808 (Granlund-R) - Outdoor Advertising
Redefines the existing procedure authorizing the Director of Caltrans to revoke any permit under the Outdoor Advertising Act for failure to comply with that law as specified.
(Failed passage in Senate Governmental Organization Committee; reconsideration granted)
AB 809 (Hauser-D) - Automotive Repair
Requires that automotive repair dealer registration forms include a statement that each dealer business location is an area locally zoned to permit operation of an automotive repair facility, as specified.
Chapter 114, Statutes of 1995
AB 910* (Speier-D) - Department of Consumer Affairs: Funeral Boards
Grants the Department of Consumer Affairs operational flexibility pursuant to its 1995-96 Performance Budgeting Contract. Allows for the Department of Consumer Affairs to perform the statutory functions of the board in the event legislation to consolidate the Cemetery Board and the Funeral Directors and Embalmers Board is not enacted into law. Provides that if the Structural Pest Control Board does not comply with provisions specified in the 1995 Budget Act, as determined by the Department of Consumer Affairs, the department may assume the responsibilities and duties of the board. Provides that the department may also monitor the performance of the board authorizing the allocation of monthly budget disbursements for expenditure by the board.
Chapter 381, Statutes of 1995
AB 597 (Speier-D) creates the Board of Funeral and Cemetery Services and is on the Senate Inactive File.
[PAGE 88]
AB 972* (Sher-D) - Product Liability: Tobacco Products
Makes manufacturers and sellers of tobacco products subject to products liability lawsuits based on intentional fraud and misrepresentation, or conspiracy for injuries resulting from these products.
(In Assembly Judiciary Committee)
AB 994 (Katz-D) - Health: Consumer Product Actions
Empowers the Attorney General to bring lawsuits against the manufacturers of tobacco products to recover health care costs incurred by the state resulting from their use.,
(In Assembly Judiciary Committee)
AB 1100 (Speier-D) - Gender-Based Pricing
Prohibits gender-based discrimination in the pricing of services.
Chapter 866, Statutes of 1995
AB 1162 (Speier-D) - Tobacco: Advertising
Prohibits any person, firm, corporation, partnership, or other organization from advertising, or causing to be advertised, tobacco products, on any outdoor billboard located within one mile of any public or private school as specified.
(Failed passage in Assembly Health Committee; reconsideration granted)
AB 1175 (Morrissey-R) - Weighmasters
Requires the Department of Food and Agriculture to adopt by reference the package checking procedures in the current edition of the National Institute of Standards and Technology Handbook.
Chapter 156, Statutes of 1995
[PAGE 89]
AB 1316 (Bustamante-D) - Consumer Protection: Personal Information
Makes clarifying and technical changes to the statutes governing the request of personal information by retailers.
Chapter 458, Statutes of 1995
AB 1381 (Speier-D) - Automotive Consumer Notification Act
Revises and recasts the Automotive Consumer Notification Act.
Chapter 503, Statutes of 1995
AB 1610* (Archie-Hudson-D) - Home Solicitation Contracts
Amends the definition of a disaster in the statute voiding certain home solicitation home repair contracts signed after a natural disaster to clarify that there must have been a declaration of emergency.
Chapter 123, Statutes of 1995
AB 1635* (Gallegos-D) - Retail Installment Contracts
Provides that a lender or seller in a retail installment contract which encumbers the buyer's home as security for payment under the contract, who is required to use a revised specified form after October 1, 1995 to make the disclosure, is able to use that form to achieve compliance with the disclosure laws for contracts entered before October 1, 1995.
Chapter 153, Statutes of 1995
AB 1653 (Horcher-I) - Credit Services Organizations
Revises the definition of persons exempt from the Credit Services Act of 1984 to delete licensed lending organizations, as specified, and to provide that all other exempt organizations may charge no fee for credit services, as specified.
(Failed passage in Assembly Banking and Finance Committee)
[PAGE 90]
AB 1728 (W. Murray-D) - Weights and Measures
Extends from January 1, 1996 to January 1, 1998 county authority to charge an annual fee to cover the cost of inspecting weighing and measuring devices.
Chapter 47, Statutes of 1995
AB 1731* (Goldsmith-R) - Fire Protection
Clarifies the law as it relates to the provision of emergency procedure information by building owners to building occupants and visitors.
Chapter 662, Statutes of 1995
AB 1784 (Speier-D) - Swimming Pools
Adds to the listing to be disclosed by a seller of residential property the presence or absence of a child resistant safety fence for a pool, and a locking safety cover for a spa or hot tub. Enacts the Swimming Pool Law to establish certain safety standards requiring swimming pool enclosures, powered safety pool covers, or exit alarms, as specified.
(In Assembly Housing and Community Development Committee)
AB 1963 (Figueroa-D) - Feminine Hygiene Products
Requires the Department of Health Services to determine if dioxin, a carcinogen, is present in feminine hygiene products and, if so, to require warnings on the package.
(In Assembly Health Committee)
[PAGE 91]
CRIMINAL JUSTICE AND JUDICIARY
NOTE:*Denotes Urgency Legislation
[PAGE 92]
Gang Violence
AB 172 (Conroy-R) - Criminal Street Gangs
Requires the Attorney General to establish and maintain an on-line computer system to effect an automated law enforcement response to requests for information from local law enforcement agencies concerning criminal histories of individuals identified as armed career criminals, criminal street gang members or repeat offenders. Appropriates $500,000 to implement the provisions of this bill.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
AB 383* (Pringle-R) - Gangs: Pilot Project
Appropriates $6 million to Alameda, Orange and Solano Counties for the purpose of implementing a 3-year, anti-gang, pilot project.
(Held under submission in Senate Appropriations Committee)
AB 724 (Alby-R) - Gang Activity: School Zone
Modifies provisions in existing law relating to specified gang activity committed within a school zone. Deletes the January 1, 1997 sunset date on the California Street Terrorism Enforcement and Prevention Act, thereby extending the act indefinitely.
(In Assembly Public Safety Committee)
AB 1006 (Frusetta-R) - Crimes: Gangs
Increases prison term to 3, 4 or 5 years for specified activities of street gangs.
(In Assembly Public Safety Committee)
AB 1454 (W. Murray-D) - Multijurisdictional Task Force
Establishes, subject to the approval of the participating law enforcement agencies, a Multijurisdictional Gang and Drug Task Force as a 3-year pilot program in a target area encompassing the Cities of Compton, Lynwood, Carson, Long Beach, Paramount and the adjacent unincorporated areas.
Vetoed by the Governor
[PAGE 93]
Child Abuse
SB 558 (Campbell-R) - Child Abuse: False Allegations
Requires a motion by a parent for reconsideration of an existing child custody order to be granted if that motion is based on the fact that the other parent was convicted of a crime in connection with falsely accusing the moving parent of child abuse.
Chapter 406, Statutes of 1995
SB 750 (Killea-I) - Child Abuse: Birth Certificates
Imposes an additional $3 fee for a certified copy of a birth certificate to be deposited into a fund to be used for child abuse and neglect prevention.
Chapter 880, Statutes of 1995
SB 816 (Peace-D) - Sexual Abuse
Provides that a parent shall not be considered uncooperative in child sexual abuse cases if the parent cooperates with the prosecution of Child Protective Services to the extent that he/she provides assistance to law enforcement in the disposition of the case. Double-joined with AB 817 (Hoge-R) in Victims Rights section; AB 1491 (McPherson-R) in Procedural section; and AB 95 (V. Brown-D) in Crimes and Sentencing section.
Chapter 935, Statutes of 1995
AB 1153 (Alby-R) - Child Day Care: Child Abuse Convictions
Provides that it is a felony for any person who was convicted of child abuse to operate or be employed at a child day care facility or otherwise have contact with children attending the facility, or to work as a professional child care provider, as defined.
(In Assembly Public Safety Committee)
[PAGE 94]
AB 1349 (Knowles-R) - False Child Abuse Reports
Provides that every person who knowingly makes a false report of child abuse, or who makes a report of child abuse in reckless disregard for the truth or falsity of that report, to any of several entities, is guilty of a felony punishable by 2, 3, or 4 years in the state prison, and by a fine of $15,000.
(In Assembly Public Safety Committee)
AB 1440 (Davis-D) - Child Abuse: Reporting
Authorizes copies of reports made by health practitioners regarding specified child abuse to be delivered to specified persons of authority. Also in Procedural section.
Chapter 391, Statutes of 1995
AB 1491 (McPherson-R) - Child Molesters
Prohibits a person convicted of specified sex offenses with a minor from visiting the victim while on parole.
Chapter 48, Statutes of 1995
AB 1606 (Hawkins-R) - Child Abuse: Enhancements
Imposes a 4-year sentence enhancement for anyone found guilty of specified offenses involving a child.
(Held under submission in Senate Appropriations Committee)
AB 1652 (Escutia-D) - Molestation
States legislative intent to develop a process by which a parent of a child who is suspected of being the victim of an alleged molestation may request the case to be reviewed by the appropriate entity if the parent is not satisfied with the manner in which the case was handled by the local law enforcement agency.
(In Assembly Rules Committee awaiting assignment)
[PAGE 95]
AB 1802 (V. Brown-D) - Child Abduction and Child Abuse: Programs and Curricula
Requires the State Department of Education, through its Healthy Kids Resource Center, to identify, and distribute to public schools information about, programs or curricula on self-reliance and safety designed to teach pupils the skills and to help pupils develop the self-esteem necessary to recognize and prevent any child endangerment. Provides that the Healthy Kids Resource Center may receive or solicit funds from private entities, or seek federal funding, that may be made available to offset the costs associated with identifying and disseminating the aforementioned information to public schools.
Chapter 269, Statutes of 1995
[PAGE 96]
Crimes and Sentencing
SB 9 (Ayala-D) - Murder
Includes within the enumeration of special circumstances, a murder that was intentional and perpetrated by discharging a firearm from a motor vehicle.
Chapter 478, Statutes of 1995
SB 32 (Peace-D) - Murder
Includes within the list of special circumstances, a murder that was committed while the defendant was engaged in a carjacking.
Chapter 477, Statutes of 1995
SB 63 (Peace-D) - Life Sentences
Includes any robbery in the first degree committed within an inhabited dwelling within the definition of "violent felony". Provides that a defendant convicted of a violent felony and where a consecutive term of imprisonment is imposed, alternatively authorizes the imposition of an aggregate term, as specified.
(Held under submission in Senate Appropriations Committee)
SB 83 (O'Connell-D) - Schoolbuses: Unauthorized Entry
Makes it a misdemeanor for a person to enter a schoolbus or school pupil activity bus without prior authorization, as specified, with the intent to commit any crime and to refuse to disembark after being ordered to do so by specified persons.
Chapter 175, Statutes of 1995
SB 85 (Calderon-D) - Crimes
Makes it unlawful for anyone to engage in picketing focused on and taking place in front of a particular residence or dwelling not being used for commercial purposes.
(In Senate Judiciary Committee)
[PAGE 97]
SB 90 (Haynes-R) - Sentencing
Eliminates existing limitations on the total term of imprisonment for consecutive sentences, eliminates the use of enhancements, and eliminates the authority of the court to strike certain enhancements.
(Failed passage in Senate Criminal Procedure Committee; reconsideration granted)
SB 123* (Thompson-D) - Fish and Game Violations
Makes numerous changes relative to fish and game violations, and provides for the punishment of same.
Chapter 827, Statutes of 1995
SB 166 (Polanco-D) - Sentencing Commission
Establishes a 12-member California Sentencing Commission to devise sentencing guidelines.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
SB 169 (Hayden-D) - Domestic Violence: Probation
Eliminates diversion as an option for a defendant charged a misdemeanor domestic violence offense.
Chapter 641, Statutes of 1995
SB 182 (Ayala-D) - Foreign Prosecution Program
Appropriates $275,000 from the General Fund to the Department of Justice to hire additional personnel to investigate and prosecute persons who have committed crimes in California and fled to Mexico to avoid prosecution.
(In Senate Appropriations Committee)
[PAGE 98]
SB 208 (Solis-D) - Spousal Rape
Provides that one of the circumstances constituting spousal rape is where a person is prevented from resisting by any intoxicating or anesthetic substance and this condition was known by the accused. Provides that the suggestion of the use of a condom by the victim does not constitute consent on the part of the victim.
Chapter 177, Statutes of 1995
SB 214 (Polanco-D) - Time Credits
Prohibits the accrual of credits of any kind for a person convicted of a violent or serious offense, as specified.
(In Senate Criminal Procedure Committee)
SB 232 (Hughes-D) - Pupils: Reporting Crimes
Provides that the willful failure of a school official to notify the appropriate law enforcement authorities of specified crimes on school property is an infraction punishable by a $500 fine.
Chapter 205, Statutes of 1995
SB 239 (Hurtt-R) - Sentencing
Adds solicitation to commit murder and conspiracy to commit murder to existing law defining "violent felony" for prison sentence enhancement. Provides that consecutive terms imposed on persons who commit specified crimes while in prison be full terms, rather than calculated as 1/3 the term as prescribed in existing law. Provides for sentencing of individuals who commit specified crimes while on probation.
(In Senate Appropriations Committee)
SB 254 (Polanco-D) - Credit Reduction
Requires that every prisoner who is convicted of certain sex crimes be informed that any reduction of a sentence via good time credits will be suspended, if specified violations occur.
(Held under submission in Senate Appropriations Committee)
[PAGE 99]
SB 317 (Solis-D) - Vehicle Theft
Provides that a person is subject to a state prison term upon conviction of an auto theft if the person has previously been convicted of 2 offenses related to auto theft.
Chapter 101, Statutes of 1995
SB 359 (Hurtt-R) - Prior Convictions
Redefines prior convictions to include a commitment to the California Rehabilitation Center.
(In Senate Criminal Procedure Committee)
SB 390 (Rosenthal-D) - Film Disruption
Makes the deliberate disruption of film production an infraction, with specified monetary fines.
(In Senate Criminal Procedure Committee)
SB 403 (Haynes-R) - Harmful Matter
Requires all harmful matter to be kept, displayed or offered in an adults-only area, and makes violation an infraction.
(In Senate Judiciary Committee)
SB 465 (Rosenthal-D) - Insurance Fraud
Makes it a crime to knowingly employ runners, cappers, steerers or other persons to procure clients to perform or obtain workers' compensation services or benefits.
Chapter 574, Statutes of 1995
SB 522 (Boatwright-D) - Death Penalty
Makes various changes in existing law related to imposition of the death penalty.
(In Senate Criminal Procedure Committee)