Amended in Senate April 20, 2015

Senate BillNo. 220


Introduced by Senator Galgiani

February 12, 2015


An act tobegin delete amend Section 263 of the Penal Code, relating to crime.end deletebegin insert end insertbegin insertadd Section 230.35 to the Labor Code, relating to volunteer firefighters.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 220, as amended, Galgiani. begin deleteRape.end deletebegin insertVolunteer firefighters: federal reimbursements.end insert

begin insert

(1) Existing law, enforced by the Labor Commissioner, regulates the terms and conditions of employment, including wages. 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. Existing law makes it a misdemeanor to willfully refuse to pay wages due, as specified, or to falsely deny an amount or validity of an amount owed, as specified.

end insert
begin insert

This bill would require a private or public fire department with volunteer firefighters that receives federal reimbursement for personnel costs associated with firefighting in which its volunteer firefighters have participated to pass through to those volunteers an amount equivalent to 20% of the annual compensation paid to a full-time firefighter employed by the department, as specified. By increasing the duties of local officials, and expanding the scope of a crime, this bill would impose a state-mandated local program.

end insert
begin insert

(2) 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.

end insert
begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert
begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end insert
begin delete

Existing law provides that the essential guilt of the crime of rape consists in the outrage to the person and feelings of the victim of the rape.

end delete
begin delete

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

end delete

Vote: 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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 230.35 is added to the end insertbegin insertLabor Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert230.35.end insert  

(a) This section shall apply to a private or public fire
4department that has volunteer firefighters and receives
5reimbursement from the federal government for personnel costs
6associated with firefighting in which its volunteer firefighters have
7participated.

8(b) A fire department shall pass through to its volunteers
9described in Subdivision (a) an amount equivalent to 20 percent
10of the annual compensation paid to a full-time firefighter employed
11by the fire department, consistent with United States Department
12of Labor guidance on maintaining the volunteer status of these
13firefighters.

end insert
14begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution for certain
16costs that may be incurred by a local agency or school district
17because, in that regard, this act creates a new crime or infraction,
18eliminates a crime or infraction, or changes the penalty for a crime
19or infraction, within the meaning of Section 17556 of the
20Government Code, or changes the definition of a crime within the
21meaning of Section 6 of Article XIII B of the California
22Constitution.

end insert
begin insert

23However, if the Commission on State Mandates determines that
24this act contains other costs mandated by the state, reimbursement
P3    1to local agencies and school districts for those costs shall be made
2pursuant to Part 7 (commencing with Section 17500) of Division
34 of Title 2 of the Government Code.

end insert
begin delete4

SECTION 1.  

Section 263 of the Penal Code is amended to
5read:

6

263.  

The essential guilt of rape consists of the outrage to the
7person and the feelings of the victim of the rape. Any sexual
8penetration, however slight, is sufficient to complete the crime.

end delete


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