CWA District 9 Legislation Report – Bill Status
September 6, 2006
The California State Legislature returned from recess on August 7, 2006 and concluded this session. For your information, listed below is the final status of labor bills that were lobbied. Obviously, based on the expectations for signature by Governor Schwarzenegger, we must stay ever vigilant. Also listed are closely watched legislation in Nevada and other issues.
CWA Bills in California (CWA supports):
1.AB 2987 (Nunez & Levine) “The Digital Infrastructure and Video Competition Act of 2006”
This bill will introduce competition into the video services industry, thus providing consumers with a choice of cable service providers, by establishing a procedure for the issuance of state franchises administered by the Public Utilities Commission. The bill allows incumbent cable operators to opt-in to a state franchise when phone company begins offering service in the incumbent's territory, but the cable provider must continue to offer PEG and other specified services until the date the franchise would have otherwise terminated.
NOTABLE LABOR GAINS:
(1) competition, quickly allowing the unionized telcos into the business of providing video services;
(2) a background check to be performed on all applicants for employment with a statewide franchise holder, as well as employees of independent contractors and vendors who have access to the holder's network, central office, or customer premises (Sec. 5910);
(3) annually reporting to the PUC by all statewide franchise holders employing more than 750 employees: the number of California residents they employ; the number of employees of independent contractors and vendors; the types and numbers of jobs by occupational classification; the average pay and benefits of those jobs; the number of out-of-state residents employed by independent contractors, companies, and consultants; and the number of net new positions proposed to be created directly by the holder of a state franchise during the upcoming year by occupational classifications and by category of full-time, part-time, temporary, and contract employees (Sec. 5920);
(4) requires that for a statewide franchise to be transferred, the transferree must agree that existing collective bargaining agreements continue to be honored, paid or performed. (Sec.5970 (b))
status: PASSED – ONTO THE GOVERNOR FOR SIGNATURE, THIS IS EXPECTED
2.AB 2227 (Chu)
This bill provides for the formation of an independent commission made up primarily of professional court interpreters, their representatives and experts in the field of training and education to advise the Judicial Council on issues related to interpreter training, certification and recruitment programs.
status: PASSED – ONTO THE GOVERNOR FOR SIGNATURE UNLESS VETOED
3.AB 2302 (D. Jones)
This bill would mandate the use of state appointed certified interpreters in civil proceedings.
status:PASSED – ONTO THE GOVERNOR FOR SIGNATURE UNLESS VETOED
4.SB 1181 (Maldonado)
This bill would require the Calif. Postsecondary Education Commission to produce a biennial report on academic and executive salaries for the UC, CalifStateUniversity and Calif.Community College systems. Without public review of such compensation, it is difficult to ascertain if top executives of these three systems are being fairly compensated for their performance.
status:DIED IN COMMITTEE
5.SB 1571 (Maldonado)
This bill requires all three segments of Higher Education (UC, CSU and Community Colleges) to report executive compensation and post their Governing Board’s policies for setting compensation, adjusting compensation, etc. for all employees. It is also good public policy and leads to system accountability.
status:DIED IN COMMITTEE
6.AB 775 (Yee)
This bill would require (expand definitions of) open meetings for University of California Regents, to include, as specified, advisory groups. It would also require discussion of, and action on, an executive compensation proposal (UC President, Chancellors, VPs, etc) to take place in open sessions of the Board of Regents.
status:DIED IN COMMITTEE
Other labor legislation (CWA, California State Federation of Labor AFL-CIO & State Building Traces & Construction Trades Council supports):
Bills identified by Calif. State Fed and/or Building Trades Council:
Raising the Standard of Living
7.AB 1835 (Lieber) & companion SB 1162 (Cedillo)
Both of these bills seek to increase the minimum wage, and then index it to the cost of living.
status: AB 1835 WAS AMENDED TO REMOVE INDEXING, AND THEN PASSED ONTO THE GOVERNOR FOR SIGNATURE, WHICH IS EXPECTED
Defending Workers’ Rights
- AB 2186 (Torrico)
This bill addresses the misclassification of employees as independent contractors & would create penalties for intentional misclassification and require the EDD to notify employers of the consequences of misclassification.
status:DIED IN COMMITTEE
AB 2068 (Nava)
This bill would eliminate the sunset date for the right to see our own doctors if we get injured. Unless it is passed, the workers’ right to predesignate his/her own doctor will sunset on April 30, 2007.
status:PASSED – ONTO THE GOVERNOR FOR SIGNATURE, THIS IS EXPECTED
SB 815 (Perata)
This bill would partially restore permanent disability benefits for injured workers. Rules adopted by the Governor’s Administration have slashed benefits for permanently disabled workers by 50%.
status: PASSED – ONTO THE GOVERNOR FOR SIGNATURE, EXPECT A VETO
SB 1730 (Perata)
This bill addresses the Permanent Disablity (PD) Rating Schedule. This system is the safety net for the most severly injured workers, and funding has been slashed. To ensure that PD benefits are adequate and based on empirical wage loss data, a recent Commission on Health & Safety and Workers’ Compensation provides a methodology for minor modifications to the PD schedule that would offer major relief for severly injured workers.
status: DIED IN COMMITTEE
SB 1781 (Alarcon)
This bill addresses the necessity for timely and appropriate medical care for injured workers.
status: DIED IN COMMITTEE
AB 2911 (Nunez)
This bill provides a significant program to offer real discounts on prescription drugs for families up to 300% of the federal poverty level. It is a compromise of last year’s dueling prescription drug initiatives & would allow the Dept of Health Services to negotiate voluntary discounts from drug companies. If the discounts are insufficient or the drug manufac turers don’t aprticipate, the state may use the purchasing power of Medi-Cal to help obtain the discounts for other low-income residents of the state. It’s estimated that the legislation will result in average discounts of 40% on name-brand prescriptions and 60% on generic drugs.
status:PASSED – ONTO THE GOVERNOR FOR SIGNATURE, THIS IS EXPECTED
Protecting the Public’s Right to Know
SB 1523 (Alarcon)
This bill addresses the economic impact of superstores & requires superstore retailers to contract for a complete economic impact report so that local communities have access to the information they need to make decisions in their best economic interests.
status: PASSED – ONTO THE GOVERNOR FOR SIGNATURE, EXPECT A VETO
AB 1840 (J. Horton)
“The Health Care Disclosure Act,” this bill would report the names of employers whose workers receive Medi-Cal or Healthy Families benefits. The public needs to know which corporations are relying on taxpayer-funded healthcare programs for their employees rather than providing affordable health benefits.
status: PASSED – ONTO THE GOVERNOR FOR SIGNATURE, EXPECT A VETO
Holding Corporations Accountable
AB 675 (Klehs)
This bill would require publicly held corporations to itemize the differences between their book and tax incomes to the Franchise Tax Board, or face stiff penalties. Corporations currently report two sets of income – one to their shareholders & one to the tax collecting agencies. Problems like Enron & WorldCom illustrate the need for reform. Reconciling book vs. Tax incomes would increase corporate accountability & prevent profitable corporations from evading taxes.
status: PASSED – ONTO THE GOVERNOR FOR SIGNATURE, EXPECT A VETO
SB 1354 (Dunn)
This bill would hold publicly owned corporations to the same standards that unions currently follow relating to political contributions. Corporations currently outspend unions 24 to 1. Union members have the right to know how their dues are being used for political purposes & can opt out of political contributions. Shareholders do not have the same rights.
status: DIED IN COMMITTEE
Fostering Good Government
AB 2946 (Leno)
This bill addresses the state initiative process, which is out of control. While designed as a populist tool, the process is now controlled by financial interests. This bill requires (1) signature gatherers to be paid on an hourly basis (not by “bounty”), (2) gatherers to disclose the funders of the initiative, (3) disclosure of whether gatherers are paid or volunteers, and (4) signature gathering companies & initiative proponents both be held legally liable for violations.
status: PASSED – ONTO THE GOVERNOR FOR SIGNATURE, EXPECT A VETO
AB 2929 (Laird)
This bill addresses the the inability of the Division of Apprenticeship Standards to fully & effectively provide oversight of the state’s apprenticeship programs. The bill establishes basic guidelines for the approval or expansion of apprenticeship programs, and includes written plans & follow up progress reports for apprentices as well as reasons for any program dropouts.
status: PASSED – ONTO THE GOVERNOR FOR SIGNATURE UNLESS VETOED
AB 1883 (De La Torre)
This bill requires the office of the Insurance Commissioner to establish a web-based system to allow for instant checks of workers compensation coverage including the name of the insurance company and contact person. This gives the Insurance Commissioner additional powers to combat the underground economy.
status: PASSED – ONTO THE GOVERNOR FOR SIGNATURE UNLESS VETOED
SB 1511 (Ducheny)
This bill raises the cap on blending ethanol into gasoline from 6% to 10% and gives California the ability to create fuel in this state. It is critically important to California’s economy and reduces our dependency on foreign oil while improving our evironment. It would also create over 90,000 new jobs and provide billions worth of economic activity.
status: DIED IN COMMITTEE
AB 2529 (Salinas)
This bill expands the successful use of partnership academies up to a maximum of 500 academies. Pertnership academies focus on high school pupils in danger of dropping out and focus on giving these students a solid education in a specific trade to keep them in school and provide a path for future success. Vocational/Career techinical education is critically needed in our K-12 school system and has suffered from chronic underfunding. Should this bill pass, there will be more vocational programs to the K-12 system for at-risk students.
status: DIED IN COMMITTEE
AB 1010 (Ruskin)
This bill would guarantee all Californians the right to cancel cell phone contracts during the first thirty days without facing exorbitant early cancellation fees.
status: DIED IN COMMITTEE
Nevada legislation identified as high priority (CWA opposed):
(federal)HR 2726 (Sessions, Pete R-TX)
This bill would prohibit municipal governments from offering telecommunications, information, or cable services except to remedy market failures.
status: after introduction in May 2005, it was referred to the House committee, who referred it to a subcommittee. No change in status. No hearings have been held, no hearings scheduled to date.