BILL NUMBER: AB 2676	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 26, 2012

INTRODUCED BY    Committee on Labor and Employment 
 (   Assembly Members Swanson (Chair),
Alejo, Allen, Furutani, and Yamada   ) 
 Assembly Member   Charles Calderon 

                        MARCH 5, 2012

   An act to  amend   add  Section 
1095 of   388 to  the  Unemployment
Insurance   Penal  Code, relating to 
unemployment compensation.   agricultural employee
safety. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2676, as amended,  Committee on Labor and Employment
  Charles Calderon  .  Unemployment
insurance: use of information.   Agricultural employee
safety.  
   Existing law permits the Occupational Safety and Health Standards
Board within the Department of Industrial Relations to adopt
occupational health and safety standards to protect the welfare of
employees, and existing regulations provide for the prevention of
heat-related illness of employees, as prescribed. Under existing law,
it is a misdemeanor for an employer to violate a safety standard if
the violation has a substantial probability of resulting in death or
serious physical harm.  
   This bill would make it a crime for any person who directs an
agricultural employee to perform, or supervises an agricultural
employee in the performance of, outdoor work without providing the
employee with shade and potable water, punishable by imprisonment not
exceeding 6 months in a county jail, by a fine not exceeding
$10,000, or by both the imprisonment and fine, or if that violation
results in injury to an agricultural employee, by imprisonment not
exceeding one year in a county jail, by a fine not exceeding $25,000,
or by both that fine and imprisonment. By creating a new crime, the
bill would 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 no reimbursement is required by this
act for a specified reason.  
   Under existing law, the information obtained in the administration
of the Unemployment Insurance Law is for the exclusive use and
information of the Director of Employment Development in the
discharge of his or her duties and is not open to the public.
However, existing law requires the director to permit the use of the
specified information for specified purposes, and allows the director
to require reimbursement for direct costs incurred. Existing law
provides that a person who knowingly accesses, uses, or discloses
this confidential information without authorization is guilty of a
misdemeanor.  
   This bill would require the director to provide the Agricultural
Labor Relations Board with information for use in the investigation
or enforcement of the Alatorre-Zenovich-Dunlap-Berman Agricultural
Labor Relations Act. By providing this information to the
Agricultural Labor Relations Board, this bill would expand the crime
related to the unauthorized disclosure of this information, and
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 no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 388 is added to the  
Penal Code   , to read:  
   388.  (a) This section shall be known as the Humane Treatment of
Farm Workers Act.
   (b) Any person who directs an agricultural employee to perform, or
supervises an agricultural employee in the performance of, outdoor
work without providing the employee with both continuous, ready
access to an area of shade sufficient to allow the body to cool, and
potable water that is suitably cool and available in quantities
sufficient to allow the employee to drink one quart of water per hour
throughout the employee's work shift is guilty of a misdemeanor.
   (c) A violation of this section is punishable by imprisonment in a
county jail not exceeding six months, or by a fine not exceeding
$10,000, or by both that imprisonment and fine. If the violation
results in injury to an agricultural employee, then the offense shall
be punishable by imprisonment in a county jail not exceeding one
year, by a fine not exceeding $25,000, or by both that fine and
imprisonment.
   (d) Nothing in this section shall preclude prosecution under any
other law. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  All matter omitted in this version of
the bill appears in the bill as introduced in the Assembly, March 5,
2012. (JR11)