BILL NUMBER: AB 186	CHAPTERED  08/30/05

	CHAPTER  141
	FILED WITH SECRETARY OF STATE  AUGUST 30, 2005
	APPROVED BY GOVERNOR  AUGUST 30, 2005
	PASSED THE SENATE  AUGUST 15, 2005
	PASSED THE ASSEMBLY  MAY 31, 2005

INTRODUCED BY   Assembly Member Bogh
   (Coauthors: Assembly Members Aghazarian, Emmerson, Shirley Horton,
Koretz, McCarthy, Negrete McLeod, and Plescia)

                        JANUARY 25, 2005

   An act to add Section 6434.5 to the Labor Code, relating to
occupational safety and health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 186, Bogh  Occupational safety and health: fines.
   Existing law permits, under specified circumstances, educational
entities and institutions to apply for a refund of any civil or
administrative penalty imposed against them for a violation of
certain laws and orders relating to safety in employment. If the
educational entities or institutions do not apply for a refund,
existing law requires that the funds from the civil and
administrative penalties imposed against them be expended to fund
grants to assist schools in establishing effective occupational
injury and illness prevention programs upon appropriation by the
Legislature.
   This bill would establish a similar refund plan for civil and
administrative penalties imposed against public police and city,
county, or special district fire departments and the California
Department of Forestry and Fire Protection and would require that, if
a police or fire department or the California Department of Forestry
and Fire Protection does not apply for a refund, the unclaimed funds
from the civil and administrative penalties be allocated to
designated public entities to be used to fund grants for specific
purposes, upon appropriation by the Legislature.


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


  SECTION 1.  Section 6434.5 is added to the Labor Code, to read:
   6434.5.  (a) Any civil or administrative penalty assessed pursuant
to this chapter against a public police or city, county, or special
district fire department or the California Department of Forestry and
Fire Protection shall be deposited into the Workers' Compensation
Administration Revolving Fund established pursuant to Section 62.5.
   (b) Any public police or city, county, or special district fire
department or the California Department of Forestry and Fire
Protection may apply for a refund of any civil or administrative
penalty assessed pursuant to this chapter, with interest, if all
conditions previously cited have been abated, the department has
abated any other outstanding citation, and the department has not
been cited by the division for a serious violation within two years
of the date of the original violation. Funds received as a result of
a penalty, for which a refund is not applied for within two years and
six months of the time of the original violation, shall be expended
in accordance with Section 78 as follows:
   (1) Funds received as a result of a civil or administrative
penalty imposed on a city, county, or special district fire
department or the California Department of Forestry and Fire
Protection shall be allocated to the California Firefighter Joint
Apprenticeship Program for the purpose of establishing and
maintaining effective occupational injury and illness prevention
programs.
   (2) Funds received as a result of a civil or administrative
penalty imposed on a police department shall be allocated to the
Office of Criminal Justice Planning, or any succeeding agency, for
the purpose of establishing and maintaining effective occupational
injury and illness prevention programs.
   (c) This section does not apply to that portion of any civil or
administrative penalty that is distributed directly to an aggrieved
employee or employees pursuant to the provisions of Section 2699.