Senate Bill 88 (Sher – 2000)
Chapter 492, Statutes of 2000 - SB 88
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Labor Code sections 512, 515 and 516 were amended and section 515.5 was added to the Labor Code in 2000 following legislative passage of Senate Bill 88. (See Exhibit #1g) Senator Martha M. Escutia introduced Senate Bill 88 on December 7, 1998; at this time the bill proposed the repeal and addition of language to the Unemployment Insurance Code regarding a "Workforce Investment Act of 1998." (See Exhibit #1a) Senator Escutia was later replaced by Senator Byron D. Sher as lead author when the provisions originally proposed were gutted and replaced with proposals relating to employment in the Labor Code on May 15, 2000, when the bill was first amended in the Assembly. (See Exhibit #1c)
Senate Bill 88 was assigned to the Senate Committee on Industrial Relations and the Assembly Committee on Labor and Employment where policy issues raised by the bill were considered. (See Exhibits #3 and #9) The fiscal ramifications of the bill were considered by the Senate Committee on Appropriations and the Assembly Committee on Appropriations. (See Exhibits #5 and #11) Subsequent to legislative approval, Governor Gray Davis signed Senate Bill 88 on September 16, 2000, and it was recorded by the Secretary of State on September 19, 2000 as Chapter 492 of the Statutes of 1998. (See Exhibits #1g and #2)
Senate Bill 88 was an urgency bill which became effective immediately upon enactment. (See Exhibit #1g, page 5) Section 5 of the bill sets forth the reasons necessitating such urgency. (Id.)
The Unfinished Business Analysis of the Office of Senate Floor Analyses prepared for Senate Bill 88 as last amended on August 10, 2000 provides this digest of the bill's provisions:
This bill exempts specified professional employees in the computer software and nursing professions, from the requirement of premium overtime pay, under certain conditions.
Assembly Amendments delete the previous version. As it left the Senate the bill was authored by Senator Escutia and related to the Workforce Investment Act of 1998.
(See Exhibit #15b)