BILL NUMBER: AB 10	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 15, 2008
	AMENDED IN SENATE  AUGUST 22, 2008
	AMENDED IN SENATE  AUGUST 6, 2008
	AMENDED IN SENATE  JUNE 23, 2008
	AMENDED IN ASSEMBLY  JUNE 5, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  APRIL 10, 2007

INTRODUCED BY    Assembly Member   De La
Torre   Committee on Budget 

                        DECEMBER 4, 2006

    An act to amend Section 56.05 of the Civil Code, and to
add Section 128053 to the Health and Safety Code, relating to health
care.   An act to amend Section 515.5 of the Labor Code,
relating to employment, and declaring the urgency thereof, to take
effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 10, as amended,  De La Torre   Committee
on Budget  .  Health care.  Employment:
overtime compensation.  
   Existing law provides that 8 hours of labor constitutes a day's
work. Under existing law, any work in excess of 8 hours in one
workday and any work in excess of 40 hours in any one workweek and
the first 8 hours worked on the 7th day of work in any one workweek
is required to be compensated at the rate of no less than 11/2 times
the regular rate of pay for an employee. Existing law exempts a
professional employee in the computer software field from this
overtime compensation requirement if the employee is primarily
engaged in work that is intellectual or creative, the employee's
hourly rate of pay is not less than $36, and the employee meets other
requirements.  
   This bill would provide that this exemption applies to an employee
who is paid on an hourly basis at an hourly rate of not less than
$36 and, if an employee is paid on a salaried basis, the employee
earns an annual salary of not less than $75,000 for full-time
employment, which is paid at least once a month and in a monthly
amount of not less than $6,250. The bill would make related,
conforming changes to this provision.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   The Confidentiality of Medical Information Act prohibits a
provider of health care, a health care service plan, contractor, or
corporation and its subsidiaries and affiliates from intentionally
sharing, selling, using for marketing, or otherwise using any medical
information, as defined, for any purpose not necessary to provide
health care services to a patient, unless a specified exception
applies. That law excludes from the definition of marketing
communications that are for a specified descriptive purpose, that are
tailored to the circumstances of a particular individual, or for
which the communicator does not receive remuneration from a 3rd
party, as specified.  
   This bill would additionally exclude from the definition of
marketing a written communication or written message provided to a
pharmacy patient during a face-to-face interaction with a pharmacist
or pharmacy personnel, in conjunction with dispensing a prescription
drug, that meets specified conditions.  
   Existing law provides for the establishment of a health care
workforce clearinghouse under the administration of the Office of
Statewide Health Planning and Development. Existing law requires the
clearinghouse to serve as the central source of health care workforce
and educational data in the state. Existing law requires the office
to prepare an annual report to the Legislature that provides
information about the health care workforce, as specified. 

   This bill would also require the office to provide the annual
report to the State Department of Health Care Services for the
department's consideration in setting Medi-Cal provider reimbursement
rates. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  yes   no  .
State-mandated local program: no.


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

   SECTION 1.    Section 515.5 of the   Labor
Code   is amended to read: 
   515.5.  (a) Except as provided in subdivision (b), an employee in
the computer software field shall be exempt from the requirement that
an overtime rate of compensation be paid pursuant to Section 510 if
all of the following apply:
   (1) The employee is primarily engaged in work that is intellectual
or creative and that requires the exercise of discretion and
independent judgment.
   (2) The employee is primarily engaged in duties that consist of
one or more of the following:
   (A) The application of systems analysis techniques and procedures,
including consulting with users, to determine hardware, software, or
system functional specifications.
   (B) The design, development, documentation, analysis, creation,
testing, or modification of computer systems or programs, including
prototypes, based on and related to user or system design
specifications.
   (C) The documentation, testing, creation, or modification of
computer programs related to the design of software or hardware for
computer operating systems.
   (3) The employee is highly skilled and is proficient in the
theoretical and practical application of highly specialized
information to computer systems analysis, programming,  and
  or  software engineering. A job title shall not
be determinative of the applicability of this exemption.
   (4) The employee's hourly rate of pay is not less than thirty-six
dollars ($36.00)  , or the annualized full-time salary
equivalent of that rate, provided that all other requirements of this
section are met and that in each workweek the employee receives not
less than thirty-six dollars ($36.00) per hour worked  
or, if the employee is paid on a salaried basis, the employee earns
an annual salary of not less than seventy-five thousand dollars
($75,000) for full-time employment, which is paid at least once a
month and in a monthly amount of not less than six thousand two
hundred fifty dollars ($6,250)  . The Division of Labor
Statistics and Research shall adjust  this  
both the hourly  pay rate  and the salary level described in
this paragraph  on October 1 of each year to be effective on
January 1 of the following year by an amount equal to the percentage
increase in the California Consumer Price Index for Urban Wage
Earners and Clerical Workers.
   (b) The exemption provided in subdivision (a) does not apply to an
employee if any of the following apply:
   (1) The employee is a trainee or employee in an entry-level
position who is learning to become proficient in the theoretical and
practical application of highly specialized information to computer
systems analysis, programming, and software engineering.
   (2) The employee is in a computer-related occupation but has not
attained the level of skill and expertise necessary to work
independently and without close supervision.
   (3) The employee is engaged in the operation of computers or in
the manufacture, repair, or maintenance of computer hardware and
related equipment.
   (4) The employee is an engineer, drafter, machinist, or other
professional whose work is highly dependent upon or facilitated by
the use of computers and computer software programs and who is
skilled in computer-aided design software, including CAD/CAM, but who
is not  engaged  in  a  computer systems
analysis  or   ,  programming  , or any
other similarly skilled computer-related  occupation.
   (5) The employee is a writer engaged in writing material,
including box labels, product descriptions, documentation,
promotional material, setup and installation instructions, and other
similar written information, either for print or for onscreen media
or who writes or provides content material intended to be read by
customers, subscribers, or visitors to computer-related media such as
the World Wide Web or CD-ROMs.
   (6) The employee is engaged in any of the activities set forth in
subdivision (a) for the purpose of creating imagery for effects used
in the motion picture, television, or theatrical industry.
   SEC. 2.    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:
 
   In order to meet the October 1, 2008, deadline for review and
adjustment of salaries and pay rates by the Division of Labor
Statistics and Research for employees in the computer industry
exempted from overtime compensation, it is necessary that this act
take immediate effect.  All matter omitted in this version of
the bill appears in the bill as amended in the Senate, August 22,
2008. (JR11)