BILL NUMBER: AB 2509	CHAPTERED
	BILL TEXT

	CHAPTER  298
	FILED WITH SECRETARY OF STATE  AUGUST 28, 2002
	APPROVED BY GOVERNOR  AUGUST 28, 2002
	PASSED THE ASSEMBLY  AUGUST 12, 2002
	PASSED THE SENATE  AUGUST 8, 2002
	AMENDED IN SENATE  JUNE 19, 2002
	AMENDED IN ASSEMBLY  APRIL 30, 2002
	AMENDED IN ASSEMBLY  APRIL 18, 2002

INTRODUCED BY   Assembly Members Goldberg and Koretz

                        FEBRUARY 21, 2002

   An act to amend Section 1205 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2509, Goldberg.  Labor standards:  local jurisdiction.
   Existing law provides that provisions of state law regulating
wages, hours, and working conditions for employees do not restrict
the exercise of local police powers over those matters in a more
stringent manner.
   This bill would define a local jurisdiction as a city, county,
district, or agency, or any subdivision or combination thereof.  It
would provide that where a local jurisdiction expends funds provided
to it by a state agency, as defined, or operates a program or engages
in an activity that has received assistance from a state agency and
the local jurisdiction has established, under its police powers, its
own labor standards, as defined, those standards apply with regard to
the expenditure, program, or activity, so long as the local
standards do not conflict with and are not preempted by state law.
   This bill would prohibit state agencies from requiring that a
local jurisdiction refrain from applying its own labor standards in
order to receive state funds or assistance.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1205 of the Labor Code is amended to read:
   1205.  (a) As used in this section:
   (1) "Local jurisdiction" means any city, county, district, or
agency, or any subdivision or combination thereof.
   (2) "State agency" means any state office, officer, department,
division, bureau, board, commission, or agency, or any subdivision
thereof.
   (3) "Labor standards" means any legal requirements regarding wages
paid, hours worked, and other conditions of employment.
   (b) Nothing in this part shall be deemed to restrict the exercise
of local police powers in a more stringent manner.
   (c) When a local jurisdiction expends funds that have been
provided to it by a state agency, operates a program that has
received assistance from a state agency, or engages in an activity
that has received assistance from a state agency, labor standards
established by the local jurisdiction through exercise of local
police powers or spending powers shall take effect with regard to
that expenditure, program, or activity, so long as those labor
standards are not in explicit conflict with, or explicitly preempted
by, state law.  A state agency may not require as a condition to the
receipt of state funds or assistance that a local jurisdiction
refrain from applying labor standards established by the local
jurisdiction to expenditures, programs, or activities supported by
the state funds or assistance in question.