1995 DIGEST OF
SIGNIFICANT LEGISLATION

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

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)

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)

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)

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

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)

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)

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

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)

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)

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.

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

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.

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

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)

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.

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)

Requires specific markings on agricultural commodities moving within the state.

Chapter 111, Statutes of 1995

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

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)

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

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

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)

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

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

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

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

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)

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

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)

Exempts persons who sell only tax-exempt animal feed from the requirement to obtain a seller's permit.

Chapter 696, Statutes of 1995

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

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)

Creates the California Tomato Commission in state government with a prescribed membership and duties.

Chapter 210, Statutes of 1995

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.

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

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)

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)

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).

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

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

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

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)

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

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

Makes changes to the eligibility requirements for county agricultural commissioner, deputy commissioner, or county agricultural inspector, as specified.

Chapter 818, Statutes of 1995

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)

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)

Requires swine entering the State of California for exhibition or theatrical purposes to be accompanied by a health certificate.

Chapter 119, Statutes of 1995

Extends, until January 1, 2001, a 1% assessment on citrus fruit trees, as specified.

Chapter 146, Statutes of 1995

Establishes identity standards for "frozen dairy dessert," as specified.

Chapter 150, Statutes of 1995

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

Makes various changes to existing law regarding the use and functioning of specified agricultural commodity marketing commissions.

Chapter 727, Statutes of 1995

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

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

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

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

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)

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)

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

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

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

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

Exempts cementitious material from classification as a hazardous waste, if certain conditions are met.

Chapter 847, Statutes of 1995

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

Improves coordination of land use planning and water supply planning through the California Environmental Quality Act process.

Chapter 881, Statutes of 1995

Updates and streamlines the Urban Water Management Planning Act.

Chapter 854, Statutes of 1995

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

Enacts the Groundwater Management Agency Act, as specified.

(In Senate Rules Committee)

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

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)

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

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)

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

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)

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

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)

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

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)

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)

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)

Requires the Department of Water Resources to adopt standards for the installation of graywater systems for subsurface irrigation.

Chapter 649, Statutes of 1995

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)

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)

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

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)

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

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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

Allows local water agencies to make recommendations regarding state policy for water quality control, as specified.

(Held at Senate Desk)

Requires the State Water Resources Control Board to prepare and maintain a Registry of Instream Flow Reservations and Dedications.

(In Assembly Appropriations Committee)

Authorizes the Department of Water Resources to make loans and grants pursuant to specified voter-approved bond acts.

Chapter 714, Statutes of 1995

Makes changes in the Water Replenishment District Act to permit modification of the annual replenishment assessment.

(On Assembly Inactive File)

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)

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)

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)

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

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)

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

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)

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)

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)

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

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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

Establishes the Office of Asian Technical Information within the Trade and Commerce Agency.

(Failed passage in Senate Appropriations Committee; reconsideration granted)

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)

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)

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

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

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

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

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

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

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.

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

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)

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

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

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)

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)

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)

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)

Establishes the California Small Business Competitive Development Center Program, as specified.

(Failed passage in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)

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)

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)

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)

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)

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)

Makes garment manufacturers jointly liable for certain labor law violations of garment contractors.

(In Senate Appropriations Committee)

Requires the Employment Development Department to study the impact of Pacific Rim economies on California's employment environment.

(In Assembly Labor and Employment Committee)

Creates in state government a Labor Agency.

(In Senate Industrial Relations Committee)

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

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)

Allows the Director of Employment Development to release information to city and county planning agencies for planning purposes.

Chapter 701, Statutes of 1995

Reduces the current 5-member Agricultural Labor Relations Board to 3 members.

(Failed passage in Senate Industrial Relations Committee; reconsideration granted)

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)

Allows county welfare offices access to computerized employment information collected by the Employment Development Department.

Chapter 544, Statutes of 1995

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)

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)

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)

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)

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

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

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)

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)

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)

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)

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)

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

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)

Prohibits employment discrimination on the basis of genetic characteristics.

(Failed passage in Assembly Labor and Employment Committee; reconsideration granted)

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)

Clarifies the definition of "sexual harassment" for the purpose of determining unlawful employment practices.

(In Assembly Labor and Employment Committee)

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)

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)

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)

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)

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)

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).

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)

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

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)

Changes the basis of overtime pay from a daily standard to a weekly standard.

(Failed passage in Assembly Labor and Employment Committee; reconsideration granted)

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)

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)

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

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)

Prohibits requiring any person, as a condition of employment, to pay any dues to a labor organization.

(In Assembly Labor and Employment Committee)

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)

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)

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)

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)

Permits mine workers to work over 8 hours per day.

Chapter 903, Statutes of 1995

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

Permits the attachment of 25% of vocational rehabilitation maintenance allowance for child care support payments.

(In Senate Judiciary Committee)

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)

Revises the procedure for appealing civil penalties for minimum wage violations.

Chapter 393, Statutes of 1995

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)

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

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)

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

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)

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)

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

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)

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

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)

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

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)

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

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

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)

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

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

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

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)

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)

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)

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)

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)

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

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)

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

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)

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)

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)

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)

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)

Makes a number of changes concerning health care provisions in the Workers' Compensation Law.

(Failed passage in Assembly Insurance Committee reconsideration granted)

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)

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)

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)

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)

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)

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

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)

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)

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)

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

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)

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.

(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 lice