BILL NUMBER: AB 2118	CHAPTERED  09/05/02

	CHAPTER  368
	FILED WITH SECRETARY OF STATE  SEPTEMBER 5, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 4, 2002
	PASSED THE ASSEMBLY  AUGUST 15, 2002
	PASSED THE SENATE  AUGUST 8, 2002
	AMENDED IN SENATE  JUNE 25, 2002
	AMENDED IN ASSEMBLY  APRIL 4, 2002

INTRODUCED BY   Assembly Member Dickerson
   (Coauthor:  Senator Romero)

                        FEBRUARY 19, 2002

   An act to amend Sections 6303 and 6304.1 of the Labor Code,
relating to volunteer firefighting, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2118, Dickerson.  Cal-OSHA:  volunteer firefighters.
   Existing law, effective January 1, 2002, provides that the
California Occupational Safety and Health Act applies to volunteer
firefighters.
   This bill would delay the applicability of the act as to volunteer
firefighters until January 1, 2004, except as to claims that arose
between January 1, 2002, and the effective date of this bill.
   This bill would declare that it is to take effect immediately as
an urgency statute.


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


  SECTION 1.  Section 6303 of the Labor Code is amended to read:
   6303.  (a) "Place of employment" means any place, and the premises
appurtenant thereto, where employment is carried on, except a place
where the health and safety jurisdiction is vested by law in, and
actively exercised by, any state or federal agency other than the
division.
   (b) "Employment" includes the carrying on of any trade,
enterprise, project, industry, business, occupation, or work,
including all excavation, demolition, and construction work, or any
process or operation in any way related thereto, in which any person
is engaged or permitted to work for hire, except household domestic
service.
   (c) "Employment," for purposes of this division only, also
includes volunteer firefighting when covered by Division 4
(commencing with Section 3200) pursuant to Section 3361.
   (d) Subdivision (c) shall become operative on January 1, 2004.
  SEC. 2.  Section 6304.1 of the Labor Code is amended to read:
   6304.1.  (a) "Employee" means every person who is required or
directed by any employer to engage in any employment or to go to work
or be at any time in any place of employment.
   (b) "Employee" also includes volunteer firefighters covered by
Division 4 (commencing with Section 3200) pursuant to Section 3361.
   (c) Subdivision (b) shall become operative on January 1, 2004.
   (d) This act does not affect claims that arose pursuant to
Division 5 of this code between January 1, 2002, and the effective
date of this act.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   Because of the additional time investment, and increased cost for
equipment and training for volunteers to meet the same requirements
as regular firefighters, it is necessary that this act take effect
immediately to prevent the loss of volunteer firefighters.