BILL ANALYSIS
Bill No: SB
1236
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Edward Vincent, Chair
2001-2002 Regular Session
Staff Analysis
SB 1236 Author: Alarcon
As Amended: April 1, 2002
Hearing Date: April 16, 2002
Consultant: Steve Hardy
SUBJECT
State Labor Agency
DESCRIPTION
SB 1236 legislatively implements the Governor's
Reorganization Plan #1 of 2002, which would create a Labor
and Workforce Development Agency in state government. The
agency would consist of the Department of Industrial
Relations, the Employment Development Department, the
Agricultural Labor Relations Board, and the Workforce
Development Board as follows:
1. Creates this new Agency in state government under the
supervision of an executive officer known as the
Secretary of the Labor and Workforce Agency, to be
appointed by the Governor, subject to confirmation of the
Senate, and to hold office at the pleasure of the
Governor as specified.
2. Requires the Governor to appoint an undersecretary of
this agency and 5 assistant secretaries assigned to
programmatic areas as determined by the Governor. These
positions will serve at the pleasure of the Agency
Secretary.
3. Defines the powers and duties of the Secretary,
including the power of general supervision over, and
direct responsibility to the Governor, for the operations
of each department, office, and unit within the Agency.
Limits, as specified, power of the Secretary with respect
SB 1236 (Alarcon) continued
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to purposes vested by law in any board, commission,
council or other appointive multimember body within this
Agency or any of its departments as described.
PRIOR LEGISLATION
SB 25 (Alarcon) 2001 Session. Similar to this legislation.
(Vetoed by Governor)
SB 150 (Solis) 2000 Session. Similar to this legislation.
(Held in Assembly Appropriations Committee)
EXISTING LAW
Existing law provides for the following state agencies:
State and Consumer Services; Business, Transportation, and
Housing; California Environmental Protection; California
Health and Human Services; Resources; and Youth and Adult
Correctional.
Existing law provides for the Department of Industrial
Relations (DIR) which is a cabinet-level department, not
affiliated with an agency, and is the primary labor-related
department in state government.
Under existing law, the Employment Development Department
(EDD) is part of the Health and Welfare Agency. The EDD
administers the Unemployment Insurance and Disability
Insurance programs, the Job Service, and numerous Job
Training programs.
Under existing law, the Agricultural Labor Relations Board
(ALRB) is not affiliated with a state agency. The ALRB
administers the Agricultural Labor Relations Act.
BACKGROUND
The author states that California is the only
industrialized state without a cabinet level labor agency
modeled after the federal scheme. Currently there is no
programmatic coordination of labor-related agencies in
state government. While the Director of Industrial
Relations is currently designated as a cabinet member, no
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policy coordination exists among agencies that benefits the
Governor, labor, community organizations, or workers
themselves.
The author is carrying this measure on behalf of the
California Labor Federation, AFL-CIO. The sponsor and
supporters believe that creation of this Agency has long
been needed to represent the diverse workforce in
California, and have identified a number of benefits from
this reorganization including the following:
a) The coordination and oversight of all the various
relationships between the worker, his/her employer, and
the workplace.
b) The provision of a cohesive, coordinated strategy to
prepare California's workers for the future, and ensuring
a safe, healthy, and non-discriminatory workplace.
c) The integration of California's social safety net with
employment programs to reduce dependence on welfare and
social insurance, and to ensure dignity and the highest
possible living standard to the disabled, dislocated, and
otherwise needy.
d) To ensure a highly skilled, safe and healthy workforce,
responsive to the needs of employers, thus securing
California's position in the global economy.
In vetoing a similar measure, SB 25 (Alarcon) last session,
the Governor stated that "the working men and women of
California and our economy would benefit from a more
coordinated effort by the various state departments charged
with ensuring a well-trained, healthy, safe and prosperous
workforce." The Governor asked his Director of the
Department of Industrial Relations to work with appropriate
parties, and then make a recommendation to him by the end
of last year.
SUPPORT: California Labor Federation, AFL-CIO
(Sponsor)
California Professional Firefighters
California School Employees
Association
American Federation of State,
County, and Municipal
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Employees
OPPOSE: None registered as of 4/12/02
FISCAL COMMITTEE: Senate Appropriations
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