BILL NUMBER: AB 1881 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Jones-Sawyer
FEBRUARY 19, 2014
An act to amend Section 130 of the Health and Safety
Code, relating to health care services. 3509 of the
Government Code, relating to public employee relations.
LEGISLATIVE COUNSEL'S DIGEST
AB 1881, as amended, Jones-Sawyer. Publicly funded health
care services. P ublic employee relations:
Los Angeles.
Existing law, the Meyers-Milias-Brown Act, regulates labor
relations between employees and management of local public agencies.
Existing law grants the Public Employment Relations Board (PERB)
specified powers and duties in connection with the act, including
making unit determinations in disputed cases and supervising
representation elections. Existing law excepts the County of Los
Angeles and the City of Los Angeles from the PERB grant of authority,
providing instead that the employment relations commissions in those
jurisdictions are responsible for those functions.
This bill would prescribe requirements for an appointment to an
employee relations commission of the County of Los Angeles or of the
City of Los Angeles. The bill would require a nomination to be made
within 30 days, as specified, from a list of nominees to be
determined by the chief executive officer of the County of Los
Angeles or by the chief administrative officer of the City of Los
Angeles, as applicable, and a committee composed of employee
organizations. The bill would require an appointee to have at least 5
years of full-time experience as a professional neutral party
resolving disputes between employee organizations and public agencies
or resolving disputes between private employers and labor
organizations. The bill would prohibit an appointee from consulting
or providing representation or advice regarding employee relations to
any public or private employer or public or private employee
organization while serving on an employee relations commission. The
bill would also prohibit the County of Los Angeles or the City of Los
Angeles, in contracting for services with a commission member or
hearing officer assigned to make determinations for a commission,
from requiring indemnity agreements or malpractice insurance, as
specified, or from withholding or reducing payment from the member or
officer after services are provided. The bill would specify that
these provisions may be enforced by an action for a writ of mandate.
By establishing new duties on local officials, this bill would impose
a state-mandated local program.
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.
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.
Existing law imposes various functions and duties on the State
Department of Health Care Services with respect to the administration
and oversight of health programs and facilities, including publicly
funded health care services.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3509 of the
Government Code is amended to read:
3509. (a) The powers and duties of the board described in Section
3541.3 shall also apply, as appropriate, to this chapter and shall
include the authority as set forth in subdivisions (b) and (c).
Included among the appropriate powers of the board are the power to
order elections, to conduct any election the board orders, and to
adopt rules to apply in areas where a public agency has no rule.
(b) A complaint alleging any violation of this chapter or of any
rules and regulations adopted by a public agency pursuant to Section
3507 or 3507.5 shall be processed as an unfair practice charge by the
board. The initial determination as to whether the charge of unfair
practice is justified and, if so, the appropriate remedy necessary to
effectuate the purposes of this chapter, shall be a matter within
the exclusive jurisdiction of the board, except that in an action to
recover damages due to an unlawful strike, the board shall have no
authority to award strike-preparation expenses as damages, and shall
have no authority to award damages for costs, expenses, or revenue
losses incurred during, or as a consequence of, an unlawful strike.
The board shall apply and interpret unfair labor practices consistent
with existing judicial interpretations of this chapter.
(c) The board shall enforce and apply rules adopted by a public
agency concerning unit determinations, representation, recognition,
and elections.
(d) (1) Notwithstanding subdivisions (a) to
(c), inclusive, the employee relations commissions established by,
and in effect for, the County of Los Angeles and the City of Los
Angeles pursuant to Section 3507 shall have the power and
responsibility to take actions on recognition, unit determinations,
elections, and all unfair practices, and to issue determinations and
orders as the employee relations commissions deem necessary,
consistent with and pursuant to the policies of this chapter. An
appointment to an employee relations commission of the County of Los
Angeles and to the employee relations commission of t he
City of Los Angeles shall be made in accordance with the following:
(A) The appointment shall be made from a list of nominees, jointly
submitted by the chief executive officer of County of Los Angeles or
by the chief administrative officer of the City of Los Angeles, as
applicable, and a committee composed of employee organizations
recognized by the County of Los Angeles or City of Los Angeles, as
applicable. The list shall be submitted to the appointing authority
within 30 calendar days before the expiration of a member's term or
before 30 calendar days have elapsed after the creation of a vacancy
that occurs during a member's term.
(B) The appointing authority shall make the appointment on or
before 30 calendar days from the date that the list of nominees
described in subparagraph (A) is submitted to it.
(C) The appointee shall possess a minimum of five years of
full-time experience exclusively as a professional neutral party
resolving disputes between employee organizations and public agencies
or resolving disputes between private employers and labor
organizations.
(D) While serving on an employee relations commission, the
appointee shall not consult or provide representation or advice
regarding employee relations to any public or private employer or
public or private employee organization, but may act as a
professional neutral party in other capacities.
(2) In contracting for services with a commission member or
hearing officer assigned to make determinations for the commission,
the County of Los Angeles or the City of Los Angeles shall not do
either of the following:
(A) Require that the commission member or hearing officer agree to
indemnify or hold harmless the County of Los Angeles or City of Los
Angeles or maintain liability or malpractice insurance for that
purpose.
(B) Withhold or reduce payment for the services of the commission
member or hearing officer after services are rendered.
(3) This subdivision may be enforced by in an action brought
pursuant to Section 1085 of the Code of Civil Procedure.
(e) Notwithstanding subdivisions (a) to (c), inclusive, consistent
with, and pursuant to, the provisions of Sections 3500 and 3505.4,
superior courts shall have exclusive jurisdiction over actions
involving interest arbitration, as governed by Title 9 (commencing
with Section 1280) of Part 3 of the Code of Civil Procedure, when the
action involves an employee organization that represents
firefighters, as defined in Section 3251.
(f) This section shall not apply to employees designated as
management employees under Section 3507.5.
(g) The board shall not find it an unfair practice for an employee
organization to violate a rule or regulation adopted by a public
agency if that rule or regulation is itself in violation of this
chapter. This subdivision shall not be construed to restrict or
expand the board's jurisdiction or authority as set forth in
subdivisions (a) to (c), inclusive.
SEC. 2. 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.
SECTION 1. Section 130 of the Health and Safety
Code is amended to read:
130. (a) In order to carry out the intention of the people of
California that, excepting emergency medical care as required by
federal law, only citizens of the United States and aliens lawfully
admitted to the United States may receive the benefits of publicly
funded health care, and to ensure that all persons employed in the
providing of those services shall diligently protect public funds
from misuse, the provisions of this section are adopted.
(b) A person shall not receive any health care services from a
publicly funded health care facility, to which he or she is otherwise
entitled, until the legal status of that person has been verified as
one of the following:
(1) A citizen of the United States.
(2) An alien lawfully admitted as a permanent resident.
(3) An alien lawfully admitted for a temporary period of time.
(c) If a publicly funded health care facility in this state from
which a person seeks health care services, other than emergency
medical care as required by federal law, determines or reasonably
suspects, based upon the information provided to it, that the person
is an alien in the United States in violation of federal law, the
following procedures shall be followed by the facility:
(1) The facility shall not provide the person with services.
(2) The facility shall, in writing, notify the person of his or
her apparent illegal immigration status and that the person must
either obtain legal status or leave the United States.
(3) The facility shall notify the Director of Health Care
Services, the Attorney General of California, and the United States
Immigration and Naturalization Service of the apparent illegal
status, and shall provide any additional information that may be
requested by any other public entity.
(d) For purposes of this section "publicly funded health care
facility" shall be defined as specified in Sections 1200 and 1250 as
of January 1, 1993.