Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1363


Introduced by Assembly Member Roger Hernández

February 22, 2013


begin deleteAn act to amend Section 148 of the Labor Code, relating to employment. end deletebegin insertAn act to add Section 37117 to the Government Code, relating to local government.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1363, as amended, Roger Hernández. begin deleteEmployment: Occupational Safety and Health Appeals Board. end deletebegin insertPublic safety services.end insert

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Existing law provides for the creation and regulation of cities. Existing law specifies the powers of the legislative bodies of cities.

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This bill would prohibit the legislative body of a general law city from eliminating its entire police or fire protection department except by an ordinance that is approved by a majority of the voters voting on the issue at a local election.

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Existing law establishes within the Labor and Workforce Development Agency the California Occupational Safety and Health Appeals Board to conduct hearings when an employer is served with a special order relating to occupational safety and health appeals that order.

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This bill would make technical, nonsubstantive changes to this provision.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 37117 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert

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3

begin insert37117.end insert  

The legislative body of a general law city shall not
4eliminate its entire police or fire protection department except by
5an ordinance that is approved by a majority of the voters voting
6on the issue at a local election.

end insert
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7

SECTION 1.  

Section 148 of the Labor Code is amended to
8read:

9

148.  

(a) There is in the Department of Industrial Relations the
10Occupational Safety and Health Appeals Board, consisting of three
11members appointed by the Governor, subject to the approval of
12the Senate. One member shall be from the field of management,
13one shall be from the field of labor, and one member shall be from
14the general public. The public member shall be chosen from fields
15other than management or labor. Each member of the appeals board
16shall devote his or her full time to the performance of his or her
17duties.

18(b) The chairman and each member of the appeals board shall
19receive the annual salary provided for by Chapter 6 (commencing
20with Section 11550) of Part 1 of Division 3 of Title 2 of the
21Government Code.

22(c) The Governor shall designate the chairman of the appeals
23board from the membership of the appeals board. The person so
24designated shall hold the office of chairman at the pleasure of the
25Governor. The chairman shall designate a member of the appeals
26board to act as chairman in his or her absence.

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