Amended in Assembly August 19, 2016

Amended in Senate May 31, 2016

Amended in Senate March 29, 2016

Senate Bill No. 1379

Introduced by Senator Mendoza

February 19, 2016

begin delete An act to amend Section 5710 of the Labor Code, relating to employment. end delete begin insert An act to amend Section 130051 of the Public Utilities Code, relating to transportation. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1379, as amended, Mendoza. begin delete Workers’ compensation: depositions: interpreters. end delete begin insert Los Angeles County Metropolitan Transportation Authority. end insert

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Existing law creates the Los Angeles County Metropolitan Transportation Authority with specified powers and duties relative to transportation planning, programming, and operations in the County of Los Angeles. The authority is governed by a 14-member board of directors, including the Mayor of the City of Los Angeles, 2 public members and one Los Angeles City Council member appointed by the mayor, 4 members appointed from the other cities in the county, the 5 members of the board of supervisors, and one nonvoting member appointed by the Governor.

end insert begin insert

This bill would restructure the board of directors to include the Mayor of the City of Los Angeles, 2 Los Angeles City Council Members, 2 public members who are residents of the City of Los Angeles, the Mayor of the City of Long Beach, 5 mayors or city council members from the other cities in the county, 2 members of the board of supervisors appointed by that board, and one nonvoting member appointed by the Governor. The bill would require the Mayor of the City of Los Angeles to appoint the 2 members of the Los Angeles City Council and one public member, and would require the President Pro Tempore of the Senate to appoint the other public member from a list submitted by the mayor. The bill would require the Los Angeles County City Selection Committee to appoint 4 of the members from each of 4 specified sectors representing the other cities within the county, and would require the Speaker of the Assembly to appoint the 5th representative of the other cities within the county, who may not reside in the same city as another member of the authority board at the time of appointment, from a list submitted by the Los Angeles County City Selection Committee.

end insert begin insert

By requiring the board membership to be restructured, the bill would thereby impose a state-mandated local program.

end insert begin insert

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.

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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.

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Existing law requires the State Personnel Board to establish, maintain, administer, and publish annually an updated list of certified administrative hearing interpreters it has determined meet the minimum standards in interpreting skills and linguistic abilities in designated languages. Under existing law, certified court interpreters, among others, are deemed certified for the purposes of administrative hearings. Existing law additionally authorizes the Administrative Director of the Division of Workers’ Compensation (administrative director) to establish, maintain, administer, and publish annually an updated list of certified administrative hearing interpreters who, based on testing by an independent organization designated by the administrative director, have been determined to meet the minimum standards in interpreting skills and linguistic abilities in designated languages, for purposes of administrative hearings conducted pursuant to proceedings of the Workers’ Compensation Appeals Board (appeals board). Existing law authorizes depositions to be taken in conjunction with any investigation or hearing before the appeals board.

end delete begin delete

This bill would require that, for those depositions requiring an interpreter, specified information regarding the interpreter and his or her certification be stated on the record and that there be a statement on the record that the certified interpreter’s identification has been verified by the appeals board or judge ordering the deposition, or by the party giving the deposition testimony, or his or her representative, as specified.

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

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

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begin insert SECTION 1. end insert   

end insert begin insert

It is the intent of the Legislature that the members
of the Board of Directors of the Los Angeles County Metropolitan
Transportation Authority representing the County of Los Angeles,
the City of Los Angeles, and the 87 other cities in the County of
Los Angeles be appointed in a manner that ensures a close
approximation to the ratio of populations of the respective
jurisdictions to the county’s total population.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 130051 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

130051.  

The Los Angeles County Metropolitan Transportation
Authority consists of 14 members, as follows:

(a)  begin delete Five end delete begin insert Two end insert members of the Los Angeles County Board of

begin delete Supervisors. end delete begin insert Supervisors, appointed by that board of supervisors. end insert

begin delete end delete begin delete

If the number of members of the Los Angeles County Board of
Supervisors is increased, the authority shall, within 60 days of the
increase, submit a plan to the Legislature for revising the
composition of the authority.

end delete begin delete end delete

(b) The Mayor of the City of Los Angeles.

(c) Two begin delete public end delete members begin delete and one member end delete of the City Council
of the City of Los Angeles appointed by the Mayor of the City of
Los Angeles.

begin insert

(d) One public member, who shall be a resident of the City of
Los Angeles, appointed by the Mayor of the City of Los Angeles.

end insert begin insert

(e) One public member, who shall be a resident of the City of
Los Angeles, appointed by the President Pro Tempore of the Senate
from a list of candidates submitted by the Mayor of the City of Los
Angeles.

end insert begin insert

(f) The Mayor of the City of Long Beach.

end insert begin delete

(d)

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begin insert (g) end insert  Four members, begin insert one from end insert each begin insert sector, each end insert of whom shall
be a mayor or a member of a city council, appointed by the Los
Angeles County City Selection Committee. For purposes of the
selection of these four members, the County of Los Angeles,
excluding the City of Los begin delete Angeles, end delete begin insert Angeles and the City of Long
Beach, end insert shall be divided into the following four sectors:

(1) The North County/San Fernando Valley sector.

(2) The Southwest Corridor sector.

(3) The San Gabriel Valley sector.

(4) The Southeast begin delete Long Beach end delete sector.

The League of California Cities, Los Angeles County Division,
shall define the sectors. Every city within a sector shall be entitled
to vote to nominate one or more candidates from that sector for
consideration for appointment by the Los Angeles County City
Selection Committee. A city’s vote shall be weighted in the same
proportion that its population bears to the total population of all
cities within the sector.

The members appointed pursuant to this subdivision shall be
appointed by the Los Angeles County City Selection Committee
upon an affirmative vote of its members which represent a majority
of the population of all cities within the county, excluding the City
of Los begin delete Angeles. end delete begin insert Angeles and the City of Long Beach. end insert

The members selected by the city selection committee shall serve
four-year terms with no limitation on the number of terms that
may be served by any individual. The city selection committee
may shorten the initial four-year term for one or more of the
members for the purpose of ensuring that the members will serve
staggered terms.

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(e)

end delete

begin insert (h) end insert  If the population of the City of Los Angeles, at any time,
becomes less than 35 percent of the combined population of all
cities in the county, the position of one of the begin delete two public end delete members
appointed pursuant to subdivision begin delete (c), end delete begin insert (c) or (d), end insert as determined by
the Mayor of the City of Los begin delete Angeles by lot, end delete begin insert Angeles, end insert shall be
vacated, and the vacant position shall be filled by appointment by
the city selection committee pursuant to subdivision begin delete (d) end delete begin insert (g) end insert from
a city not represented by any other member appointed pursuant to
subdivision begin delete (d). end delete begin insert (g). end insert

begin insert

(i) One mayor or city council member appointed by the Speaker
of the Assembly from a list submitted by the Los Angeles County
City Selection Committee that contains two or more candidates
from each sector in subdivision (g). The Los Angeles County City
Selection Committee shall submit a list of candidates to the Speaker
of the Assembly until the appointment is made. At the time a
member is appointed pursuant to this subdivision, the member
shall not reside in the same city as another member of the
authority.

end insert begin delete

(f)

end delete

begin insert (j) end insert  One nonvoting member appointed by the Governor.

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 5710 of the Labor Code is amended to
read:

5710.  

(a) The appeals board, a workers’ compensation judge,
or any party to the action or proceeding, may, in any investigation
or hearing before the appeals board, cause the deposition of
witnesses residing within or without the state to be taken in the
manner prescribed by law for like depositions in civil actions in
the superior courts of this state under Title 4 (commencing with
Section 2016.010) of Part 4 of the Code of Civil Procedure. To
that end the attendance of witnesses and the production of records
may be required. Depositions may be taken outside the state before
any officer authorized to administer oaths. The appeals board or
a workers’ compensation judge in any proceeding before the
appeals board may cause evidence to be taken in other jurisdictions
before the agency authorized to hear workers’ compensation
matters in those other jurisdictions.

(b) If the employer or insurance carrier requests a deposition to
be taken of an injured employee, or any person claiming benefits
as a dependent of an injured employee, the deponent is entitled to
receive in addition to all other benefits:

(1) All reasonable expenses of transportation, meals, and lodging
incident to the deposition.

(2) Reimbursement for any loss of wages incurred during
attendance at the deposition.

(3) One copy of the transcript of the deposition, without cost.

(4) A reasonable allowance for attorney’s fees for the deponent,
if represented by an attorney licensed by the State Bar of this state.
The fee shall be discretionary with, and, if allowed, shall be set
by, the appeals board, but shall be paid by the employer or his or
her insurer.

(5) If interpretation services are required because the injured
employee or deponent does not proficiently speak or understand
the English language, upon a request from either, the employer
shall pay for the services of a language interpreter certified or
deemed certified pursuant to Article 8 (commencing with Section
11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, or
Section 68566 of, the Government Code. The fee to be paid by the
employer shall be in accordance with the fee schedule adopted by
the administrative director and shall include any other
deposition-related events as permitted by the administrative
director.

(c) If interpretation services are required pursuant to subdivision
(a) or (b), the following shall be stated on the record:

(1) The name of the certified court interpreter or certified
administrative hearing interpreter, as listed on his or her court or
administrative hearing interpreter certification.

(2) His or her current certification number.

(3) A statement that the certified court interpreter’s or certified
administrative hearing interpreter’s identification has been verified
by the board or judge ordering the deposition, or by the party giving
testimony, or his or her representative, using a certified interpreter
identification badge issued by the Judicial Council, an
administrative hearing interpreter badge issued by the Department
of Human Resources, or other documentation that verifies the
interpreter’s certification accompanied by photo identification.

(4) The language to be interpreted.

(5) If the interpreter is a certified court interpreter, a statement
that the interpreter’s oath was administered to the certified court
interpreter or that he or she has an oath on file with the court.

end delete