AB 2536,
as amended, Mullin. begin deleteCalifornia Consumer Power and Conservation Financing Authority. end deletebegin insertEmployees: emergency rescue personnel.end insert
Existing law prohibits an employer from discharging or in any manner discriminating against an employee for taking time off to perform emergency duty as a volunteer firefighter, reserve peace officer, or emergency rescue personnel. Existing law defines emergency rescue personnel to include an officer, employee, or member of a political subdivision of the state, or of a sheriff’s department, police department, or a private fire department. Existing law further requires the employer to reinstate and reimburse an employee who is discharged or in any other manner discriminated against in his or her employment in violation of these provisions. Under existing law, any employer who willfully refuses to rehire, promote, or otherwise restore an employee, as specified, is guilty of a misdemeanor.
end insertbegin insertThis bill would expand the definition of emergency rescue personnel to include an officer, employee, or member of a disaster medical response entity sponsored or requested by the state. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertThe California Consumer Power and Conservation Financing Authority Act declares the intent of the Legislature in establishing the authority.
end deleteThis bill would make a technical, nonsubstantive change to that declaration of legislative intent.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 230.3 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
2read:end insert
(a) begin delete Noend deletebegin insert Anend insert employer shallbegin insert notend insert discharge or in any
4manner discriminate against an employee for taking time off to
5perform emergency duty as a volunteer firefighter, a reserve peace
6officer, or emergency rescue personnel.
7(b) begin delete Anyend deletebegin insert Anend insert employee who is discharged, threatened with
8discharge, demoted, suspended, or in any other manner
9discriminated against in the terms and conditions of employment
10by his or her employer because the employee has taken time off
11to perform emergency duty as a volunteer firefighter, a reserve
12peace officer, or emergency rescue personnel shall be entitled to
13reinstatement and reimbursement for lost wages and work benefits
14caused by the acts of the employer. Any employer who willfully
15refuses to rehire, promote, or otherwise restore an employee or
16former employee who has been determined to be eligible for
17rehiring or promotion by a grievance procedure, arbitration, or
18hearing authorized by law, is guilty of a misdemeanor.
19(c) Subdivisions (a) and (b) of this section shall not apply to
20
any public safety agency or provider of emergency medical services
21begin delete when,end deletebegin insert if,end insert as determined by the employer, the employee’s absence
P3 1would hinder the availability of public safety or emergency medical
2services.
3(d) (1) For purposes of this section, “volunteer firefighter” shall
4have the same meaning as the term “volunteer” inbegin delete subdivision (m) Section 50952 of the Government Code.
5ofend delete
6(2) For purposes of this section, “emergency rescue personnel”
7means any person who is an officer, employee, or member of a
8fire department or fire protection or firefighting agency of the
9federal government, the State of California, a city, county, city
10and county, district, or other public or municipal corporation or
11political subdivision of this state, or of a sheriff’s department,
12police department, or a private fire department,begin insert or of a disaster
13medical response entity sponsored or requested by this state,end insert
14 whether that person is a volunteer or partly paid or fully paid, while
15he or she is actually engaged in providing emergency services as
16defined bybegin delete subdivision (e) ofend delete Section 1799.107 of the Health and
17Safety Code.
No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district will be incurred because this act creates a new crime or
22infraction, eliminates a crime or infraction, or changes the penalty
23for a crime or infraction, within the meaning of Section 17556 of
24the Government Code, or changes the definition of a crime within
25the meaning of Section 6 of Article XIII B of the California
26Constitution.
Section 3300 of the Public Utilities Code is
28amended to read:
The Legislature finds and declares that to provide the
30citizens of California with reliable, affordable electrical power, to
31ensure sufficient power reserves, to assure stability and rationality
32in California’s electricity market, to encourage energy efficiency
33and conservation as well as the use of renewable energy resources,
34and to protect the public health, welfare, and safety, the state needs
35to finance, purchase, lease, own, operate, acquire, or otherwise
36provide financial assistance for public and private facilities for the
37generation and transmission of electricity and for renewable energy,
38energy
efficiency, and conservation programs.
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