BILL NUMBER: SB 977 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 7, 2012
INTRODUCED BY Senator Yee
JANUARY 23, 2012
An act relating to state employees to
amend Section 111825 of the Health and Safety Code, relating to the
Sherman Food, Drug, and Cosmetic Law, and declaring the urgency
thereof, to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
SB 977, as amended, Yee. State employees: memoranda of
understanding: State Bargaining Units 16 and 19.
Sherman Food, Drug, and Cosmetic Law: nail polish.
Existing law, the Sherman Food, Drug, and Cosmetic Law (Sherman
Law), requires the State Department of Public Health to regulate the
manufacture, sale, labeling, and advertising activities related to
food, drugs, devices, and cosmetics in conformity with the federal
Food, Drug, and Cosmetic Act. A violation of these provisions is a
crime. Existing law, the California Safe Cosmetics Act of 2005, which
is within the Sherman Law, requires certain manufacturers of
cosmetic products subject to regulation by the federal Food and Drug
Administration that are sold in the state to provide the department
with a complete and accurate list of their cosmetic products that
contain any chemical identified as causing cancer or reproductive
toxicity, as specified.
This bill would increase the criminal penalty for specified
violations by a nail polish manufacturer of the California Safe
Cosmetics Act of 2005 to a maximum of $5,000.
This bill would declare that it is to take effect immediately as
an urgency statute.
Under existing law, a provision of a memorandum of understanding
reached between the state employer and a recognized employee
organization representing state civil service employees that requires
the expenditure of funds does not become effective unless approved
by the Legislature in the annual Budget Act.
This bill would approve provisions of memoranda of understanding
entered into between the state employer and State Bargaining Unit 16
(Physicians, Dentists and Podiatrists) and State Bargaining Unit 19
(Health and Social Services/Professional) that require the
expenditure of funds, and would provide that these provisions will
become effective even if these provisions are approved by the
Legislature in legislation other than the annual Budget Act. The bill
would provide that provisions of the memoranda of understanding
approved by this bill that require the expenditure of funds will not
take effect unless funds for those provisions are specifically
appropriated by the Legislature, and would require the state employer
and the affected employee organization to meet and confer to
renegotiate the affected provisions if funds for those provisions are
not specifically appropriated by the Legislature.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes no .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 111825 of the Health
and Safety Code is amended to read:
111825. (a) Any person who violates any provision of this part or
any regulation adopted pursuant to this part shall, if convicted, be
subject to imprisonment for not more than one year in the county
jail or a fine of not more than one thousand dollars ($1,000), or
both the imprisonment and fine.
(b) Notwithstanding subdivision (a), any person who violates
Section 111865 by removing, selling, or disposing of an embargoed
food, drug, device, or cosmetic without the permission of an
authorized agent of the department or court shall, if convicted, be
subject to imprisonment for not more than one year in the county jail
or a fine of not more than ten thousand dollars ($10,000), or both
the fine and imprisonment.
(c) Notwithstanding subdivision (a), a manufacturer, as defined in
Section 111791.5, of nail polish that violates Article 3.5
(commencing with Section 111791) or any regulation adopted pursuant
to this article shall, if convicted, be subject to a fine of not more
than five thousand dollars ($5,000).
(c)
(d) If the violation is committed after a previous
conviction under this section that has become final, or if the
violation is committed with intent to defraud or mislead, or if the
person committed a violation of Section 110625 or 111300 that was
intentional or that was intended to cause injury, the person shall be
subject to imprisonment for not more than one year in the county
jail, imprisonment in state prison, or a fine of not more than ten
thousand dollars ($10,000), or both the imprisonment and fine.
SEC. 2. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to protect the health and safety of salon workers and
consumers of nail polish from the harmful effects of some of the
ingredients of nail polish, it is necessary that this act take effect
immediately as an urgency statute.
SECTION 1. The Legislature finds and declares
that the purpose of this act is to approve agreements pursuant to
Section 3517.5 of the Government Code entered into by the state
employer and State Bargaining Units 16 and 19.
SEC. 2. The provisions of the memoranda of
understanding prepared pursuant to Section 3517.5 of the Government
Code and entered into by the state employer and State Bargaining
Units 16 and 19 that require the expenditure of funds are hereby
approved for the purposes of subdivision (b) of Section 3517.6 of the
Government Code.
SEC. 3. The provisions of the memoranda
approved by Section 2 of this act that require the expenditure of
funds shall not take effect unless funds for these provisions are
specifically appropriated by the Legislature. If funds for these
provisions are not specifically appropriated by the Legislature, the
state employer and the affected employee organization shall meet and
confer to renegotiate the affected provisions.
SEC. 4. Notwithstanding Section 3517.6 of the
Government Code, the provisions of the memoranda of understanding
included in Section 2 that require the expenditure of funds shall
become effective even if the provisions of the memoranda of
understanding are approved by the Legislature in legislation other
than the annual Budget Act.