Bill Text: CA SB220 | 2015-2016 | Regular Session | Amended

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Bill Title: Volunteer firefighters: federal reimbursements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB220 Detail]

Download: California-2015-SB220-Amended.html

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BILL NUMBER: SB 220	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 20, 2015

INTRODUCED BY   Senator Galgiani

                        FEBRUARY 12, 2015

   An act to  amend Section 263 of the Penal Code, relating
to crime.     add Section 230.35 to the Labor
Code, relating to volunteer firefighters. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 220, as amended, Galgiani.  Rape.  
Volunteer firefighters: federal reimbursements.  
   (1) Existing law, enforced by the Labor Commissioner, regulates
the terms and conditions of employment, including wages. Existing law
prohibits an employer from discharging, or in any manner
discriminating against, an employee for taking time off to perform
emergency duty as a volunteer firefighter. Existing law makes it a
misdemeanor to willfully refuse to pay wages due, as specified, or to
falsely deny an amount or validity of an amount owed, as specified.
 
   This bill would require a private or public fire department with
volunteer firefighters that receives federal reimbursement for
personnel costs associated with firefighting in which its volunteer
firefighters have participated to pass through to those volunteers an
amount equivalent to 20% of the annual compensation paid to a
full-time firefighter employed by the department, as specified. By
increasing the duties of local officials, and expanding the scope of
a crime, this bill would impose a state-mandated local program. 

   (2) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason. 

   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above. 

   Existing law provides that the essential guilt of the crime of
rape consists in the outrage to the person and feelings of the victim
of the rape.  
   This bill would make technical, nonsubstantive changes to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 230.35 is added to the 
 Labor Code   , to read:  
   230.35.  (a) This section shall apply to a private or public fire
department that has volunteer firefighters and receives reimbursement
from the federal government for personnel costs associated with
firefighting in which its volunteer firefighters have participated.
   (b) A fire department shall pass through to its volunteers
described in Subdivision (a) an amount equivalent to 20 percent of
the annual compensation paid to a full-time firefighter employed by
the fire department, consistent with United States Department of
Labor guidance on maintaining the volunteer status of these
firefighters. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, 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.  
   However, if the Commission on State Mandates determines that this
act contains other 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.  
  SECTION 1.    Section 263 of the Penal Code is
amended to read:
   263.  The essential guilt of rape consists of the outrage to the
person and the feelings of the victim of the rape. Any sexual
penetration, however slight, is sufficient to complete the crime.