BILL NUMBER: AB 1235 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 16, 2009
AMENDED IN ASSEMBLY MAY 18, 2009
AMENDED IN ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Hayashi
FEBRUARY 27, 2009
An act to amend Section 512 of the Labor Code, relating
to security officers. An act to add Section 130061.6
to the Health and Safety Code, relating to health facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1235, as amended, Hayashi. Security officers: meal
periods. Hospitals: seismic safety.
Existing law, the Alfred E. Alquist Hospital Facilities Seismic
Safety Act of 1983, establishes, under the jurisdiction of the Office
of Statewide Health Planning and Development, a program of seismic
safety building standards for certain hospitals constructed on and
after March 7, 1973. Existing law authorizes the office to assess an
application fee for the review of facilities design and construction,
and requires that full and complete plans be submitted to the office
for review and approval.
Existing law requires that, after January 1, 2008, any general
acute care hospital building that is determined to be a potential
risk of collapse or pose significant loss of life be used only for
nonacute care hospital purposes, except that the office may grant a
5-year extension under prescribed circumstances. Existing law also
allows the office to grant an additional extension to the January
2008 deadline for certain general acute care hospital buildings owned
or operated by a county, city, or county and city that has requested
an extension of this deadline by January 1, 2009, if specified
conditions are met.
This bill would also allow the office to grant the additional
extension for a hospital building that is owned or operated by the
County of Alameda on the Alameda County Medical Center's Fairmont
Campus, if the board of supervisors files a declaration that meets
specified requirements. This bill would state the findings and
declarations of the Legislature regarding the need for special
legislation.
The Private Security Services Act provides for the licensure and
regulation of private patrol operators by the Bureau of Security and
Investigative Services in the Department of Consumer Affairs. Under
existing law, security guards and street patrolpersons are employed
by private patrol operators to perform specified functions.
Existing law, except as specified, prohibits an employer from
employing an employee for a work period of more than 5 hours per day
without providing the employee with a meal period of not less than 30
minutes. Existing law, except as specified, also prohibits an
employer from employing an employee for a work period of more than 10
hours per day without providing the employee with a 2nd meal period
of not less than 30 minutes.
This bill would provide that the above prohibitions regarding meal
periods do not apply to a registered security officer who is
employed by a registered private patrol operator if the security
officer is covered by a valid collective bargaining agreement
containing specified provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 130061.6 is added to the
Health and Safety Code , to read:
130061.6. (a) Notwithstanding subdivision (c) of Section 130061.5
and in lieu of the extension authorized pursuant to that
subdivision, the office may also approve an extension of the deadline
described in subdivision (a) or (b) of Section 130060 for a general
acute care hospital building that is classified as a nonconforming
SPC-1 building and is owned or operated by the County of Alameda on
the Alameda County Medical Center's Fairmont Campus, if the board of
supervisors of Alameda County files a declaration with the office
stating that, as of the date of that filing, the County of Alameda
lacks the ability to meet the requirements of subdivision (a) of
Section 130060 for that building pursuant to subdivision (b) of that
section. The declaration shall state the commitment of the hospital
to replace those buildings by January 1, 2020, with other buildings
that meet the requirements of Section 130065 and shall meet all of
the following requirements:
(1) The hospital owner submits, by June 1, 2010, a facility master
plan for all the buildings that are subject to subdivision (a) of
Section 130060 that the hospital intends to replace by January 1,
2020. The facility master plan shall identify at least all of the
following:
(A) Each building that is subject to subdivision (a) of Section
130060.
(B) The plan to replace each building with buildings that would be
in compliance with subdivision (a) of Section 130065.
(C) The building or buildings to be removed from acute care
service and the projected date or dates of that action.
(D) The location for any new building or buildings, including, but
not limited to, whether the owner has received a permit for that
location. The replacement buildings shall be planned within the same
service area as the buildings to be removed from service.
(E) A copy of the preliminary design for the new building or
buildings.
(F) The number of beds available for acute care use in each new
building.
(G) The timeline for completed plan submission.
(H) The proposed construction timeline.
(I) The proposed cost at the time of submission.
(J) A copy of any records indicating the hospital governing board'
s approval of the facility plan.
(2) By June 1, 2013, the hospital owner submits to the office a
building plan that is deemed ready for review by the office, for each
building.
(3) By June 1, 2015, the hospital owner receives a building permit
to begin construction, for each building that the owner intends to
replace pursuant to the master plan.
(4) Within six months of receipt of the building permit, the
hospital owner submits a construction timeline that identifies at
least all of the following:
(A) Each building that is subject to subdivision (a) of Section
130060.
(B) The project number or numbers for replacement of each
building.
(C) The projected construction start date or dates and projected
construction completion date or dates.
(D) The building or buildings to be removed from acute care.
(E) The estimated cost of construction.
(F) The name of the contractor.
(5) Every six months thereafter, the hospital owner reports to the
office on the status of the project, including any delays or
circumstances that could materially affect the estimated completion
date.
(6) The hospital owner pays to the office an additional fee, to be
determined by the office, sufficient to cover the additional cost
incurred by the office for maintaining all reporting requirements
established under this section, including, but not limited to, the
costs of reviewing and verifying the financial information submitted
pursuant to paragraph (2) of subdivision (b) of Section 130061.5.
This additional fee shall not include any cost for review of the
plans or other duties related to receiving a building or occupancy
permit.
(b) A hospital filing a declaration pursuant to this section but
failing to meet any of the deadlines set forth in this section shall
be deemed in violation of this section, and Sections 130060 and
130061.5, and shall be subject to loss of licensure.
SEC. 2. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the following unique
circumstances:
The inability of the County of Alameda to comply with the
deadlines imposed by Senate Bill 1953 (Statutes of 1994) and Senate
Bill 306 (Statutes of 2007) will result in a loss of health care
capacity that may not be provided by another acute care
rehabilitation center within a reasonable proximity of the campus.
SECTION 1. Section 512 of the Labor Code is
amended to read:
512. (a) An employer may not employ an employee for a work period
of more than five hours per day without providing the employee with
a meal period of not less than 30 minutes, except that if the total
work period per day of the employee is no more than six hours, the
meal period may be waived by mutual consent of both the employer and
employee. An employer may not employ an employee for a work period of
more than 10 hours per day without providing the employee with a
second meal period of not less than 30 minutes, except that if the
total hours worked is no more than 12 hours, the second meal period
may be waived by mutual consent of the employer and the employee only
if the first meal period was not waived.
(b) Notwithstanding subdivision (a), the Industrial Welfare
Commission may adopt a working condition order permitting a meal
period to commence after six hours of work if the commission
determines that the order is consistent with the health and welfare
of the affected employees.
(c) Subdivision (a) does not apply to an employee in the wholesale
baking industry who is subject to an Industrial Welfare Commission
wage order and who is covered by a valid collective bargaining
agreement that provides for a 35-hour workweek consisting of five
7-hour days, payment of one and one-half times the regular rate of
pay for time worked in excess of seven hours per day, and a rest
period of not less than 10 minutes every two hours.
(d) If an employee in the motion picture industry or the
broadcasting industry, as those industries are defined in Industrial
Welfare Commission Wage Order Numbers 11 and 12, is covered by a
valid collective bargaining agreement that provides for meal periods
and includes a monetary remedy if the employee does not receive a
meal period required by the agreement, then the terms, conditions,
and remedies of the agreement pertaining to meal periods apply in
lieu of the applicable provisions pertaining to meal periods of
subdivision (a) of this section, Section 226.7, and Industrial
Welfare Commission Wage Order Numbers 11 and 12.
(e) Subdivisions (a) and (b) do not apply to a security officer
who is registered pursuant to Chapter 11.5 (commencing with Section
7580) of Division 3 of the Business and Professions Code, and who is
employed by a private patrol operator who is also registered pursuant
to that chapter, if the security officer is covered by a valid
collective bargaining agreement that expressly provides for the
wages, hours of work, working conditions, and meal periods of
employees, final and binding arbitration of disputes concerning the
application of its meal period provisions, premium wage rates for all
overtime hours worked, and a regular hourly rate of pay that is not
less than 30 percent more than the state minimum wage.
SEC. 2. Notwithstanding any other provision of
law, the addition of subdivision (e) to Section 512 of the Labor Code
made by this act does not affect the nature or scope of the law
relating to meal periods, including the timing of the commencement of
a meal period, for employees or employers not covered by that
subdivision.