Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1881

Introduced by Assembly Member Jones-Sawyer

February 19, 2014

An act to amend Section begin delete 130 of the Health and Safety Code, relating to health care services. end delete begin insert 3509 of the Government Code, relating to public employee relations. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1881, as amended, Jones-Sawyer. begin delete Publicly funded health care services. end delete begin insert P end insert begin insert ublic employee relations: Los Angeles. end insert

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Existing law, the Meyers-Milias-Brown Act, regulates labor relations between employees and management of local public agencies. Existing law grants the Public Employment Relations Board (PERB) specified powers and duties in connection with the act, including making unit determinations in disputed cases and supervising representation elections. Existing law excepts the County of Los Angeles and the City of Los Angeles from the PERB grant of authority, providing instead that the employment relations commissions in those jurisdictions are responsible for those functions.

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This bill would prescribe requirements for an appointment to an employee relations commission of the County of Los Angeles or of the City of Los Angeles. The bill would require a nomination to be made within 30 days, as specified, from a list of nominees to be determined by the chief executive officer of the County of Los Angeles or by the chief administrative officer of the City of Los Angeles, as applicable, and a committee composed of employee organizations. The bill would require an appointee to have at least 5 years of full-time experience as a professional neutral party resolving disputes between employee organizations and public agencies or resolving disputes between private employers and labor organizations. The bill would prohibit an appointee from consulting or providing representation or advice regarding employee relations to any public or private employer or public or private employee organization while serving on an employee relations commission. The bill would also prohibit the County of Los Angeles or the City of Los Angeles, in contracting for services with a commission member or hearing officer assigned to make determinations for a commission, from requiring indemnity agreements or malpractice insurance, as specified, or from withholding or reducing payment from the member or officer after services are provided. The bill would specify that these provisions may be enforced by an action for a writ of mandate. By establishing new duties on local officials, this bill would impose a state-mandated local program.

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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 imposes various functions and duties on the State Department of Health Care Services with respect to the administration and oversight of health programs and facilities, including publicly funded health care services.

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This bill would make technical, nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . 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   

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begin insert Section 3509 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

3509.  

(a) The powers and duties of the board described in
Section 3541.3 shall also apply, as appropriate, to this chapter and
shall include the authority as set forth in subdivisions (b) and (c).
Included among the appropriate powers of the board are the power
to order elections, to conduct any election the board orders, and
to adopt rules to apply in areas where a public agency has no rule.

(b) A complaint alleging any violation of this chapter or of any
rules and regulations adopted by a public agency pursuant to
Section 3507 or 3507.5 shall be processed as an unfair practice
charge by the board. The initial determination as to whether the
charge of unfair practice is justified and, if so, the appropriate
remedy necessary to effectuate the purposes of this chapter, shall
be a matter within the exclusive jurisdiction of the board, except
that in an action to recover damages due to an unlawful strike, the
board shall have no authority to award strike-preparation expenses
as damages, and shall have no authority to award damages for
costs, expenses, or revenue losses incurred during, or as a
consequence of, an unlawful strike. The board shall apply and
interpret unfair labor practices consistent with existing judicial
interpretations of this chapter.

(c) The board shall enforce and apply rules adopted by a public
agency concerning unit determinations, representation, recognition,
and elections.

(d)  begin insert (1) end insert begin insert   end insert Notwithstanding subdivisions (a) to (c), inclusive, the
employee relations commissions established by, and in effect for,
the County of Los Angeles and the City of Los Angeles pursuant
to Section 3507 shall have the power and responsibility to take
actions on recognition, unit determinations, elections, and all unfair
practices, and to issue determinations and orders as the employee
relations commissions deem necessary, consistent with and
pursuant to the policies of this chapter. begin insert An appointment to an
employee relations commission of the County of Los Angeles and
to the employee relations commission of the City of Los Angeles
shall be made in accordance with the following: end insert

begin insert

(A) The appointment shall be made from a list of nominees,
jointly submitted by the chief executive officer of County of Los
Angeles or by the chief administrative officer of the City of Los
Angeles, as applicable, and a committee composed of employee
organizations recognized by the County of Los Angeles or City of
Los Angeles, as applicable. The list shall be submitted to the
appointing authority within 30 calendar days before the expiration
of a member’s term or before 30 calendar days have elapsed after
the creation of a vacancy that occurs during a member’s term.

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(B) The appointing authority shall make the appointment on or
before 30 calendar days from the date that the list of nominees
described in subparagraph (A) is submitted to it.

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(C) The appointee shall possess a minimum of five years of
full-time experience exclusively as a professional neutral party
resolving disputes between employee organizations and public
agencies or resolving disputes between private employers and
labor organizations.

end insert begin insert

(D) While serving on an employee relations commission, the
appointee shall not consult or provide representation or advice
regarding employee relations to any public or private employer
or public or private employee organization, but may act as a
professional neutral party in other capacities.

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(2) In contracting for services with a commission member or
hearing officer assigned to make determinations for the
commission, the County of Los Angeles or the City of Los Angeles
shall not do either of the following:

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(A) Require that the commission member or hearing officer
agree to indemnify or hold harmless the County of Los Angeles or
City of Los Angeles or maintain liability or malpractice insurance
for that purpose.

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(B) Withhold or reduce payment for the services of the
commission member or hearing officer after services are rendered.

end insert begin insert

(3) This subdivision may be enforced by in an action brought
pursuant to Section 1085 of the Code of Civil Procedure.

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(e) Notwithstanding subdivisions (a) to (c), inclusive, consistent
with, and pursuant to, the provisions of Sections 3500 and 3505.4,
superior courts shall have exclusive jurisdiction over actions
involving interest arbitration, as governed by Title 9 (commencing
with Section 1280) of Part 3 of the Code of Civil Procedure, when
the action involves an employee organization that represents
firefighters, as defined in Section 3251.

(f) This section shall not apply to employees designated as
management employees under Section 3507.5.

(g) The board shall not find it an unfair practice for an employee
organization to violate a rule or regulation adopted by a public
agency if that rule or regulation is itself in violation of this chapter.
This subdivision shall not be construed to restrict or expand the
board’s jurisdiction or authority as set forth in subdivisions (a) to
(c), inclusive.

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begin insert SEC. 2. 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.

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SECTION 1.  

Section 130 of the Health and Safety Code is
amended to read:

130.  

(a) In order to carry out the intention of the people of
California that, excepting emergency medical care as required by
federal law, only citizens of the United States and aliens lawfully
admitted to the United States may receive the benefits of publicly
funded health care, and to ensure that all persons employed in the
providing of those services shall diligently protect public funds
from misuse, the provisions of this section are adopted.

(b) A person shall not receive any health care services from a
publicly funded health care facility, to which he or she is otherwise
entitled, until the legal status of that person has been verified as
one of the following:

(1) A citizen of the United States.

(2) An alien lawfully admitted as a permanent resident.

(3) An alien lawfully admitted for a temporary period of time.

(c) If a publicly funded health care facility in this state from
which a person seeks health care services, other than emergency
medical care as required by federal law, determines or reasonably
suspects, based upon the information provided to it, that the person
is an alien in the United States in violation of federal law, the
following procedures shall be followed by the facility:

(1) The facility shall not provide the person with services.

(2) The facility shall, in writing, notify the person of his or her
apparent illegal immigration status and that the person must either
obtain legal status or leave the United States.

(3) The facility shall notify the Director of Health Care Services,
the Attorney General of California, and the United States
Immigration and Naturalization Service of the apparent illegal
status, and shall provide any additional information that may be
requested by any other public entity.

(d) For purposes of this section “publicly funded health care
facility” shall be defined as specified in Sections 1200 and 1250
as of January 1, 1993.

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