BILL NUMBER: SB 1379 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 19, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE MARCH 29, 2016
INTRODUCED BY Senator Mendoza
FEBRUARY 19, 2016
An act to amend Section 5710 of the Labor Code, relating
to employment. An act to amend Section 130051 of the
Public Utilities Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1379, as amended, Mendoza. Workers' compensation:
depositions: interpreters. Los Angeles County
Metropolitan Transportation Authority.
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.
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.
By requiring the board membership to be restructured, the bill
would thereby 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 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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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.
SEC. 2. Section 130051 of the Public
Utilities Code is amended to read:
130051. The Los Angeles County Metropolitan Transportation
Authority consists of 14 members, as follows:
(a) Five Two members of the Los
Angeles County Board of Supervisors.
Supervisors, appointed by that board of supervisors.
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.
(b) The Mayor of the City of Los Angeles.
(c) Two public members and one member
of the City Council of the City of Los Angeles appointed by
the Mayor of the City of Los Angeles.
(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.
(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.
(f) The Mayor of the City of Long Beach.
(d)
(g) Four members, one from each sector,
each 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 Angeles,
Angeles and the City of Long Beach, 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 Long Beach 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
Angeles. Angeles and the City of Long Beach.
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.
(e)
(h) 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 two
public members appointed pursuant to subdivision
(c), (c) or (d), as determined by the Mayor of
the City of Los Angeles by lot, Angeles,
shall be vacated, and the vacant position shall be filled by
appointment by the city selection committee pursuant to subdivision
(d) (g) from a city not represented by
any other member appointed pursuant to subdivision (d).
(g).
(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.
(f)
(j) One nonvoting member appointed by the Governor.
SEC. 3. 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 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.