BILL NUMBER: SB 1207	CHAPTERED  10/13/01

	CHAPTER  807
	FILED WITH SECRETARY OF STATE  OCTOBER 13, 2001
	APPROVED BY GOVERNOR  OCTOBER 12, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2001
	PASSED THE SENATE  JUNE 4, 2001

INTRODUCED BY   Senator Romero

                        MARCH 19, 2001

   An act to amend Sections 6303 and 6304.1 of the Labor Code,
relating to occupational safety and health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1207, Romero.  Occupational safety and health:  volunteer
firefighters.
   Existing provisions of the California Occupational Safety and
Health Act of 1973 define the terms "employee" and "employment."  The
definition of "employment" in existing law limits "employment" to
work for hire.
   This bill would impose a state-mandated local program by including
within these definitions, and thereby making the act applicable to,
volunteer firefighters when covered by workers' compensation pursuant
to provisions applicable to volunteer firefighters of specified
volunteer fire departments that are wholly or partially supported by
a county, city, or public district.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


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
the health and safety jurisdiction over which 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.  "Employment," for purposes of this division only, also
includes volunteer firefighting when covered by Division 4
(commencing with Section 3200) pursuant to Section 3361.
  SEC. 2.  Section 6304.1 of the Labor Code is amended to read:
   6304.1.  "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.  "Employee" also includes
volunteer firefighters covered by Division 4 (commencing with Section
3200) pursuant to Section 3361.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.