Amended in Senate April 1, 2013

Senate Bill No. 242

Introduced by Senator Wyland

February 12, 2013

An act to begin delete amend end delete begin insert add end insert Section begin delete 2699 of end delete begin insert 27567 to end insert the begin delete Labor end delete begin insert Streets and Highways end insert Code, relating to begin delete employment end delete begin insert transportation end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 242, as amended, Wyland. begin delete Employees: civil penalties. end delete begin insert Toll collection: alternative technologies. end insert

begin insert

Existing law requires the Department of Transportation, in cooperation with the Golden Gate Bridge, Highway and Transportation District and all known entities planning to implement a toll facility, to develop and adopt functional specifications and standards for an automatic vehicle identification system, as specified, and generally requires any automatic vehicle identification system purchased or installed after January 1, 1991, to comply with those specifications and standards. Existing federal law, pursuant to the Moving Ahead for Progress in the 21st Century Act, requires all toll facilities on federal-aid highways to implement technologies or business practices that provide for the interoperability of electronic toll collection programs no later than a specified date.

end insert begin insert

This bill would authorize the Department of Transportation and local and regional transportation agencies with existing or planned toll facilities to conduct a market test of automated toll collection technologies as an alternative to the existing radio-frequency identification tolling technology, in order to identify opportunities to facilitate lower cost tolling infrastructure, lower related operating costs, and more rapid deployment of high-occupancy toll lane networks. The bill would allow the test of tolling technologies that may not meet the interoperability requirements in existing law. The bill would authorize pilot projects in that regard for a period of up to 4 years commencing January 1, 2014. The bill would require any vendor participating in a pilot project to cover all costs incurred by the participating agency in operating the project. The bill would require each participating agency to make a specified report by June 1, 2018, to the chairpersons of the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation, and to the Governor.

end insert begin delete

Under existing law, the Labor Code Private Attorneys General Act of 2004, a provision providing for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of certain provisions affecting employees, may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of himself or herself and other current or former employees pursuant to specified procedures.

end delete begin delete

This bill would make nonsubstantive changes to the provision referenced above.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 27567 is added to the end insert begin insert Streets and
Highways Code end insert begin insert , to read: end insert

begin insert

begin insert 27567. end insert   

(a) The Department of Transportation, and local and
regional transportation agencies with existing or planned toll
facilities within their respective jurisdictions, may conduct a market
test of automated toll collection technologies as an alternative to
the existing radio-frequency identification tolling technology, in
order to identify opportunities to facilitate lower cost tolling
infrastructure, lower related operating costs, and more rapid
deployment of high-occupancy toll lane networks. Notwithstanding
Section 27565 or any other provision of law, the test may include
the deployment of tolling technology that may or may not meet
interoperability requirements.

(b) The agencies referenced in subdivision (a) may undertake
alternative tolling technology pilot projects in the state for a period
of up to four years, commencing January 1, 2014. Any vendor
electing to participate in a pilot project shall cover all costs
incurred by the state or local or regional transportation agency
in operating the pilot project, including the cost of preparing and
submitting the summary report required by subdivision (c).

(c) Each agency that undertakes a pilot project pursuant to this
section shall prepare a summary report that discusses the
effectiveness of the technology, market performance, congestion
management results, safety issues, implementation and related
obstacles and opportunities, and other relevant factors. The
summary report shall be submitted on or before June 1, 2018, to
the chairpersons of the Senate Committee on Transportation and
Housing and the Assembly Committee on Transportation, and to
the Governor.

end insert

begin delete

SECTION 1.  

Section 2699 of the Labor Code is amended to
read:

2699.  

(a) Notwithstanding any other law, any provision of this
code providing for a civil penalty to be assessed and collected by
the Labor and Workforce Development Agency or any of its
departments, divisions, commissions, boards, agencies, or
employees, for a violation of this code, may, as an alternative, be
recovered through a civil action brought by an aggrieved employee
on behalf of himself or herself and other current or former
employees pursuant to the procedures specified in Section 2699.3.

(b) For purposes of this part, “person” has the same meaning
as defined in Section 18.

(c) For purposes of this part, “aggrieved employee” means any
person who was employed by the alleged violator and against
whom one or more of the alleged violations was committed.

(d) For purposes of this part, “cure” means that the employer
abates each violation alleged by any aggrieved employee, the
employer is in compliance with the underlying statutes as specified
in the notice required by this part, and any aggrieved employee is
made whole.

(e) (1) For purposes of this part, whenever the Labor and
Workforce Development Agency, or any of its departments,
divisions, commissions, boards, agencies, or employees, has
discretion to assess a civil penalty, a court is authorized to exercise
the same discretion, subject to the same limitations and conditions,
to assess a civil penalty.

(2) In any action by an aggrieved employee seeking recovery
of a civil penalty available under subdivision (a) or (f), a court
may award a lesser amount than the maximum civil penalty amount
specified by this part if, based on the facts and circumstances of
the particular case, to do otherwise would result in an award that
is unjust, arbitrary and oppressive, or confiscatory.

(f) For all provisions of this code except those for which a civil
penalty is specifically provided, there is established a civil penalty
for a violation of these provisions, as follows:

(1) If, at the time of the alleged violation, the person does not
employ one or more employees, the civil penalty is five hundred
dollars ($500).

(2) If, at the time of the alleged violation, the person employs
one or more employees, the civil penalty is one hundred dollars
($100) for each aggrieved employee per pay period for the initial
violation and two hundred dollars ($200) for each aggrieved
employee per pay period for each subsequent violation.

(3) If the alleged violation is a failure to act by the Labor and
Workplace Development Agency, or any of its departments,
divisions, commissions, boards, agencies, or employees, there shall
be no civil penalty.

(g) (1) Except as provided in paragraph (2), an aggrieved
employee may recover the civil penalty described in subdivision
(f) in a civil action pursuant to the procedures specified in Section
2699.3 filed on behalf of himself or herself and other current or
former employees against whom one or more of the alleged
violations was committed. Any employee who prevails in any
action shall be entitled to an award of reasonable attorney’s fees
and costs. This part shall not operate to limit an employee’s right
to pursue or recover other remedies available under state or federal
law, either separately or concurrently with an action taken under
this part.

(2) An action shall not be brought under this part for any
violation of a posting, notice, agency reporting, or filing
requirement of this code, except where the filing or reporting
requirement involves mandatory payroll or workplace injury
reporting.

(h) An action shall not be brought under this section by an
aggrieved employee if the agency or any of its departments,
divisions, commissions, boards, agencies, or employees, on the
same facts and theories, cites a person within the timeframes set
forth in Section 2699.3 for a violation of the same section or
sections of the Labor Code under which the aggrieved employee
is attempting to recover a civil penalty on behalf of himself or
herself or others or initiates a proceeding pursuant to Section 98.3.

(i) Except as provided in subdivision (j), civil penalties
recovered by aggrieved employees shall be distributed as follows:
75 percent to the Labor and Workforce Development Agency for
enforcement of labor laws and education of employers and
employees about their rights and responsibilities under this code,
to be continuously appropriated to supplement and not supplant
the funding to the agency for those purposes; and 25 percent to
the aggrieved employees.

(j) Civil penalties recovered under paragraph (1) of subdivision
(f) shall be distributed to the Labor and Workforce Development
Agency for enforcement of labor laws and education of employers
and employees about their rights and responsibilities under this
code, to be continuously appropriated to supplement and not
supplant the funding to the agency for those purposes.

(k) This part is not intended to alter or otherwise affect the
exclusive remedy provided by the workers’ compensation
provisions of this code for liability against an employer for the
compensation for any injury to or death of an employee arising
out of and in the course of employment.

(l) The superior court shall review and approve any penalties
sought as part of a proposed settlement agreement pursuant to this
part.

(m) This section shall not apply to the recovery of administrative
and civil penalties in connection with the workers’ compensation
law as contained in Division 1 (commencing with Section 50) and
Division 4 (commencing with Section 3200), including, but not
limited to, Sections 129.5 and 132a.

(n) The agency or any of its departments, divisions,
commissions, boards, or agencies may promulgate regulations to
implement this part.

end delete