Bill Text: CA SB892 | 2011-2012 | Regular Session | Amended
Bill Title: Economic development: Economic Development, Job
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB892 Detail]
Download: California-2011-SB892-Amended.html
BILL NUMBER: SB 892 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 4, 2011
AMENDED IN SENATE MARCH 24, 2011
INTRODUCED BY Senator Lieu
FEBRUARY 18, 2011
An act to amend Section 1393.5 of the Labor Code,
relating to employment. An act to amend Section 12800
of, and to add Chapter 2 (commencing with Section 15910) to Part 12
of Division 3 of Title 2 of, the Government Code, relating to
economic development.
LEGISLATIVE COUNSEL'S DIGEST
SB 892, as amended, Lieu. Employment of minors:
agricultural packing plants. Economic development:
Economic Development, Job Creation, and Competitiveness Agency.
Existing law provides for various economic development, job
creation, and economic competitiveness programs in the state.
This bill would create the Economic Development, Job Creation, and
Competitiveness Agency in state government, under the supervision of
a Secretary of Economic Development, Job Creation, and
Competitiveness, and set forth their respective duties generally. It
would also require the agency to develop a statewide strategy that
identifies goals and objectives for job creation and competitiveness
for the state's top economic sectors, and make recommendations to the
Governor and Legislature in that regard.
Existing law prescribes limits on the hours of employment of
minors, but authorizes the Labor Commissioner to grant an exemption
to employers operating agricultural packing plants for employment of
minors 16 and 17 years of age for up to 10 hours on days when school
is not in session, during the peak harvest season. Under existing
law, which will be repealed January 1, 2012, that exemption may
additionally authorize employment of a minor who is enrolled in a
school in Lake County to be employed for more than 48, but not more
than 60, hours a week upon prior written approval by the Lake County
Board of Education. Existing law requires the Labor Commissioner to
report annually to the Legislature regarding the working conditions
of minors employed in the agricultural packing industry.
This bill would extend the operation of the Lake County exemption
and the requirement that the Labor Commissioner report annually until
January 1, 2016.
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 12800 of the
Government Code is amended to read:
12800. There are in the state government the following agencies:
State and Consumer Services; Business, Transportation and Housing;
California Emergency Management; California Environmental Protection;
California Health and Human Services; Economic Development, Job
Creation, and Competitiveness Agency; Labor and Workforce
Development; Natural Resources; and Youth and Adult Correctional.
Whenever the term "Agriculture and Services Agency" appears in any
law, it means the "State and Consumer Services Agency," and whenever
the term "Secretary of Agriculture and Services Agency" appears in
any law, it means the "Secretary of State and Consumer Services."
Whenever the term "Business and Transportation Agency" appears in
any law, it means the "Business, Transportation and Housing Agency,"
and whenever the term "Secretary of the Business and Transportation
Agency" appears in any law, it means the "Secretary of Business,
Transportation and Housing."
Whenever the term "Health and Welfare Agency" appears in any law,
it means the "California Health and Human Services Agency," and
whenever the term "Secretary of the Health and Welfare Agency"
appears in any law, it means the "Secretary of California Health and
Human Services."
Whenever the term "Resources Agency" appears in any law, it means
the "Natural Resources Agency," and whenever the term "Secretary of
the Resources Agency" appears in any law, it means the "Secretary of
the Natural Resources Agency."
SEC. 2. Chapter 2 (commencing with Section 15910)
is added to Part 12 of Division 3 of Title 2 of the
Government Code , to read:
CHAPTER 2. ECONOMIC DEVELOPMENT, JOB CREATION, AND
COMPETITIVENESS AGENCY
15910. (a) The Economic Development, Job Creation, and
Competitiveness Agency is hereby created in state government.
(b) The agency shall be under the supervision of an executive
officer known as the Secretary of Economic Development, Job Creation,
and Competitiveness. The secretary shall be appointed by, and hold
office at the pleasure of, the Governor. The appointment of the
secretary shall be subject to confirmation by the Senate.
(c) The secretary shall serve as a cabinet-level official in the
Governor's administration, responsible for presenting and addressing
economic development, job creation, and competitiveness issues in the
state.
(d) The agency shall do all of the following:
(1) (A) Develop a statewide strategy that identifies the goals and
objectives for job creation and competitiveness for California's top
economic sectors, including a focus on California's competitive
advantages over other states and countries. The statewide strategy
shall include at least the following components:
(i) Ways to build on the state's educational, workforce, and
geographic assets to seed innovation around the state's top economic
sectors.
(ii) Ways to eliminate duplicative duties, achieve cost
efficiencies, and promote accountability for the attainment of
economic development goals and objectives.
(iii) Performance measures to assess the state's progress towards
attaining the goals and objectives identified pursuant to this
paragraph.
(B) The process for developing the statewide strategy shall
include input by members of the public, including, but not limited
to, labor and management representatives.
(2) Recommend to the Governor and the Legislature new state
policies, programs, and actions, or changes to existing programs, to
advance the goals and objectives of the statewide strategy developed
pursuant to paragraph (1).
(3) In cooperation with the federal government, foster
relationships with foreign entities to improve the state's image as a
destination for business investment and expansion.
(4) Create a clearinghouse of accurate data on the state's
economic development activities and their effectiveness.
SECTION 1. Section 1393.5 of the Labor Code is
amended to read:
1393.5. (a) Notwithstanding any other provision of this article
or Article 2 (commencing with Section 49110) of Chapter 7 of Part 27
of Division 4 of Title 2 of the Education Code, an exemption issued
pursuant to Section 1393 may authorize the employment during the peak
harvest season of a minor, 16 or 17 years of age who resides in Lake
County, during any day in which school is not in session for up to
10 hours per day and more than 48 hours but not more than 60 hours in
any one week, only upon the prior written approval of the Lake
County Office of Education.
(b) Each year, the Labor Commissioner, prior to issuing or
renewing an exemption under this section, shall inspect the affected
agricultural packing plant.
(c) As a condition of receiving an exemption or a renewal of an
exemption under this section, an affected employer shall, on or
before March 1 of each year, file a written report to the Labor
Commissioner that contains the following employment information
regarding the employer's prior year's payroll:
(1) The number of minors employed by that employer.
(2) A list of the age and hours worked on a weekly basis of each
minor employed.
(d) Notwithstanding Chapter 24 (commencing with Section 7550) of
Division 7 of Title 1 of the Government Code, the Labor Commissioner
shall submit a written report to the Legislature, on or before March
1 of each year, that describes the general working conditions of
minors employed in the agricultural packing industry during the past
year, and that includes all of the following information:
(1) The number of minors employed in the agricultural packing
industry.
(2) The number of exemptions issued, renewed, or denied pursuant
to this section.
(3) A summary of the inspections conducted by the Labor
Commissioner pursuant to this section.
(4) The number of workplace injuries that occurred to minors at
agricultural packing plants.
(5) The number of violations of labor laws and regulations that
occurred at agricultural packing plants.
(e) This section shall remain in effect only until January 1,
2016, and as of that date is repealed.
