BILL NUMBER: SB 1637	CHAPTERED  09/26/02

	CHAPTER  900
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2002
	PASSED THE SENATE  AUGUST 31, 2002
	PASSED THE ASSEMBLY  AUGUST 29, 2002
	AMENDED IN ASSEMBLY  AUGUST 28, 2002
	AMENDED IN ASSEMBLY  JULY 11, 2002
	AMENDED IN SENATE  MAY 7, 2002

INTRODUCED BY   Senator Torlakson

                        FEBRUARY 21, 2002

   An act to add Section 50089 to the Government Code, relating to
public employees.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1637, Torlakson.  Public employees:  peace officers.
   The Meyers-Milias-Brown Act, which governs local public
employer-employee relations, establishes the right of local public
employees to form, join, and participate in the activities of
employee organizations of their own choosing for the purpose of
representation on all matters of employer-employee relations.  Under
that act, the governing body of a public agency may not prohibit the
right of its employees who are full-time peace officers to join or
participate in employee organizations that are composed solely of
peace officers, which concern themselves solely and exclusively with
the wages, hours, working conditions, welfare programs, and
advancement of academic and vocational training in furtherance of the
police profession, and which are not subordinate to any other
organization.
   This bill would provide that an employee organization primarily
comprised of peace officers that is a chapter of, or affiliated
directly or indirectly in any manner with, a general nonprofit
corporation formed for the specific and primary purpose to act as an
employee organization for peace officers in this state that directly
or indirectly represents less than 7,000 retired or active peace
officers, that has not filed with the Secretary of State an agent of
the employee organization who has been designated for purposes of
service of process by the effective date of this provision is not
qualified to be the exclusive or majority bargaining agent until
January 1, 2007.
   This bill also would prohibit any general nonprofit corporation
formed for the specific or primary purpose to act as a recognized
employee organization for peace officers in this state that directly
or indirectly represents less than 7,000 retired or active peace
officers, that has any affiliate, chapter, or member that has failed
to file with the Secretary of State an agent who has been designated
for purposes of service of process by the effective date of this
provision, from establishing or recognizing any member, affiliate, or
chapter that was not a bona fide member, affiliate, or chapter of
the nonprofit corporation as of January 1, 2003, until January 1,
2007.


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


  SECTION 1.  Section 50089 is added to the Government Code, to read:

   50089.  (a) Any employee organization primarily comprised of peace
officers, as described by Chapter 4.5 (commencing with Section 830)
of Title 3 of Part 2 of the Penal Code, that is a chapter of, or
affiliated directly or indirectly in any manner with, a general
nonprofit corporation formed for the specific and primary purpose to
act as an employee organization for peace officers in this state that
directly or indirectly represents less than 7,000 retired or active
peace officers, that has not filed with the Secretary of State an
agent of the employee organization who has been designated for
purposes of service of process as described in Section 1701, 6410,
8210, 9670, 12610, 24003, or 25550 of the Corporations Code by the
effective date of this section, shall not be qualified to be the
exclusive or majority bargaining agent, as described in subdivision
(a) of Section 3502.5, until January 1, 2007.
   (b) Any general nonprofit corporation formed for the specific and
primary purpose to act as a recognized employee organization, as
defined in subdivision (b) of Section 3501, for peace officers in
this state that directly or indirectly represents less than 7,000
retired or active peace officers, that has any affiliate, chapter, or
member that has failed to file with the Secretary of State an agent
who has been designated for purposes of service of process by the
effective date of this section, shall be prohibited from establishing
or recognizing any member, affiliate, or chapter that was not a bona
fide member, affiliate, or chapter of the nonprofit corporation as
of January 1, 2003, until January 1, 2007.
   (c) This section shall not apply to any national organization that
directly or indirectly represents retired or active peace officers.