Amended IN Senate April 01, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1303Introduced by Senator HillFebruary 21, 2020 An act to amend Section 99231.2 of the Public Utilities Code, relating to transportation. 387 of the Penal Code, relating to crime.LEGISLATIVE COUNSEL'S DIGESTSB 1303, as amended, Hill. Local transportation funds: municipal services: claims. Dangerous business practices: concealed dangers.Existing law provides that any corporation, limited liability company, or person who is aware that a product, facility, equipment, process, place of employment, or practice is a serious concealed danger and knowingly fails to take appropriate action, as specified, is guilty of a misdemeanor, or a felony, as provided, and is subject to a fine. Under existing law, if the defendant is a corporation or a limited liability company the maximum fine is $1,000,000. Existing law requires the corporation, limited liability company, or person to notify the Division of Occupational Safety and Health in the Department of Industrial Relations of the hazard, as specified.This bill would require a person or entity described above to additionally make that notification in writing to an appropriate government agency unless the agency has actual knowledge of the danger. The bill would require the person or entity to warn other potential victims about the danger, as specified. The bill would provide that the person or entity is guilty of the offense if they fail, instead of knowingly fail, to take appropriate action. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would increase the maximum fine for a corporation or limited liability company to $2,500,000.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 no reimbursement is required by this act for a specified reason.Under the Mills-Alquist-Deddeh Act, all transit operators and city or county governments with responsibility for providing municipal services to a given area collectively are authorized to file claims with the transportation planning agency for only those funds that represent that areas apportionment, as defined, in the local transportation fund. Existing law authorizes the transportation planning agency, except as specified, to approve a claim filed for an unincorporated area by an operator that is serving that area pursuant to a contract with the county, even though the amount of the claim exceeds the apportionment for the area, if the amount is approved by the county.This bill would make a nonsubstantive change to the provision relating to the approval of claims.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 387 of the Penal Code is amended to read:387. (a) Any A corporation, limited liability company, or person who is a manager with respect to a product, facility, equipment, process, place of employment, or business practice, is guilty of a public offense punishable by imprisonment in the county jail for a term not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment; imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two, or three years, or by a fine not exceeding twenty-five thousand dollars ($25,000); ($25,000), or by both that fine and imprisonment, but if the defendant is a corporation or a limited liability company the fine shall not exceed one million dollars ($1,000,000), two million five hundred thousand dollars ($2,500,000), if that corporation, limited liability company, or person does all of the following:(1) Has actual knowledge of a serious concealed danger that is subject to the regulatory authority of an appropriate agency and is associated with that product or a component of that product or business practice.(2) Knowingly fails Fails during the period ending 15 days after the actual knowledge is acquired, or if there is imminent risk of great bodily harm or death, immediately, to do both all of the following:(A) (i) Inform the Division of Occupational Safety and Health in the Department of Industrial Relations in writing, unless the corporation, limited liability company, or manager has actual knowledge that the division has been so informed.Where(ii) If the concealed danger reported pursuant to this paragraph is subject to the regulatory authority of an agency other than the Division of Occupational Safety and Health in the Department of Industrial Relations, it shall be the responsibility of the Division of Occupational Safety and Health in the Department of Industrial Relations, within 24 hours of receipt of the information, to telephonically notify the appropriate government agency of the hazard, and promptly forward any written notification received.(B) Inform the appropriate government agency, as listed in paragraph (9) of subdivision (b), in writing, unless the corporation, limited liability company, or manager has actual knowledge that the agency has been so informed.(B)(C) Warn its affected employees and warn other potential victims in writing, unless the corporation, limited liability company, or manager has actual knowledge that the employees or other potential victims have been so warned. The(i) The requirement for disclosure is not applicable if the hazard is abated within the time prescribed for reporting, unless the appropriate regulatory agency nonetheless requires disclosure by regulation. Where(ii) If the Division of Occupational Safety and Health in the Department of Industrial Relations was not notified, but the corporation, limited liability company, or manager reasonably and in good faith believed that they were complying with the notification requirements of this section by notifying another government agency, as listed in paragraph (8) of subdivision (d), (9) of subdivision (b), no penalties shall apply.(b) As used in this section:(1) Manager means a person having both of the following:(A) Management authority in or as a business entity.(B) Significant responsibility for any aspect of a business that includes actual authority for the safety of a product or business practice or for the conduct of research or testing in connection with a product or business practice.(2) Product means an article of trade or commerce or other item of merchandise that is a tangible or an intangible good, and includes services.(3) Actual knowledge, used with respect to a serious concealed danger, means has information that would convince a reasonable person in the circumstances in which the manager is situated that the serious concealed danger exists.(4) Serious concealed danger, used with respect to a product or business practice, means that the normal or reasonably foreseeable use of, or the exposure of an individual to, the product or business practice creates a substantial probability of death, great bodily harm, or serious exposure to an individual, and the danger is not readily apparent to an individual who is likely to be exposed.(5) Great bodily harm means a significant or substantial physical injury.(6) Serious exposure means any exposure to a hazardous substance, when the exposure occurs as a result of an incident or exposure over time and to a degree or in an amount sufficient to create a substantial probability that death or great bodily harm in the future would result from the exposure.(7) Warn its affected employees means give sufficient description of the serious concealed danger to all individuals working for or in the business entity who are likely to be subject to the serious concealed danger in the course of that work to make those individuals aware of that danger.(8) Warns other potential victims means give sufficient description of the serious concealed danger to potential victims who are likely to be subject to the serious concealed danger to make those individuals aware of that danger. If potential victims cannot be readily identified or the serious concealed danger threatens the general public, the warning may be given by publication in a manner that would reasonably inform the potential victims or the public.(8)(9) Appropriate government agency means an agency on the following list that has regulatory authority with respect to the product or business practice and serious concealed dangers of the sort discovered:(A) The Division of Occupational Safety and Health in the Department of Industrial Relations.(B) State Department of Health Care Services.(C) State Department of Public Health.(C)(D) Department of Food and Agriculture.(D)(E) County departments of health.(E)The(F) United States Food and Drug Administration.(F)The(G) United States Environmental Protection Agency.(G)The(H) National Highway Traffic Safety Administration.(H)The(I) Federal Occupation Safety and Health Administration.(I)The(J) Nuclear Regulatory Commission.(J)The(K) Consumer Product Safety Commission.(K)The(L) Federal Aviation Administration.(L)The(M) Federal Mine Safety and Health Review Commission.(N) Public Utilities Commission.(O) Geologic Energy Management Division.(P) California Underground Facilities Safe Excavation Board.(c) Notification received pursuant to this section shall not be used against any manager in any criminal case, except a prosecution for perjury or for giving a false statement.(d) No A person who is a manager of a limited liability company shall be is not personally liable for acts or omissions for which the limited liability company is liable under subdivision (a) solely by reason of being a manager of the limited liability company. A person who is a manager of a limited liability company may be held liable under subdivision (a) if that person is also a manager within the meaning of paragraph (1) of subdivision (b).SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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 XIIIB of the California Constitution.SECTION 1.Section 99231.2 of the Public Utilities Code is amended to read:99231.2.Except in the County of Los Angeles, the transportation planning agency, notwithstanding Section 99231, may approve the claim filed for an unincorporated area by an operator that is serving that area pursuant to a contract with the county, even though the amount of the claim exceeds the apportionment for the area, if the amount is approved by the county.
Amended IN Senate April 01, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1303Introduced by Senator HillFebruary 21, 2020 An act to amend Section 99231.2 of the Public Utilities Code, relating to transportation. 387 of the Penal Code, relating to crime.LEGISLATIVE COUNSEL'S DIGESTSB 1303, as amended, Hill. Local transportation funds: municipal services: claims. Dangerous business practices: concealed dangers.Existing law provides that any corporation, limited liability company, or person who is aware that a product, facility, equipment, process, place of employment, or practice is a serious concealed danger and knowingly fails to take appropriate action, as specified, is guilty of a misdemeanor, or a felony, as provided, and is subject to a fine. Under existing law, if the defendant is a corporation or a limited liability company the maximum fine is $1,000,000. Existing law requires the corporation, limited liability company, or person to notify the Division of Occupational Safety and Health in the Department of Industrial Relations of the hazard, as specified.This bill would require a person or entity described above to additionally make that notification in writing to an appropriate government agency unless the agency has actual knowledge of the danger. The bill would require the person or entity to warn other potential victims about the danger, as specified. The bill would provide that the person or entity is guilty of the offense if they fail, instead of knowingly fail, to take appropriate action. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would increase the maximum fine for a corporation or limited liability company to $2,500,000.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 no reimbursement is required by this act for a specified reason.Under the Mills-Alquist-Deddeh Act, all transit operators and city or county governments with responsibility for providing municipal services to a given area collectively are authorized to file claims with the transportation planning agency for only those funds that represent that areas apportionment, as defined, in the local transportation fund. Existing law authorizes the transportation planning agency, except as specified, to approve a claim filed for an unincorporated area by an operator that is serving that area pursuant to a contract with the county, even though the amount of the claim exceeds the apportionment for the area, if the amount is approved by the county.This bill would make a nonsubstantive change to the provision relating to the approval of claims.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Senate April 01, 2020
Amended IN Senate April 01, 2020
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill
No. 1303
Introduced by Senator HillFebruary 21, 2020
Introduced by Senator Hill
February 21, 2020
An act to amend Section 99231.2 of the Public Utilities Code, relating to transportation. 387 of the Penal Code, relating to crime.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1303, as amended, Hill. Local transportation funds: municipal services: claims. Dangerous business practices: concealed dangers.
Existing law provides that any corporation, limited liability company, or person who is aware that a product, facility, equipment, process, place of employment, or practice is a serious concealed danger and knowingly fails to take appropriate action, as specified, is guilty of a misdemeanor, or a felony, as provided, and is subject to a fine. Under existing law, if the defendant is a corporation or a limited liability company the maximum fine is $1,000,000. Existing law requires the corporation, limited liability company, or person to notify the Division of Occupational Safety and Health in the Department of Industrial Relations of the hazard, as specified.This bill would require a person or entity described above to additionally make that notification in writing to an appropriate government agency unless the agency has actual knowledge of the danger. The bill would require the person or entity to warn other potential victims about the danger, as specified. The bill would provide that the person or entity is guilty of the offense if they fail, instead of knowingly fail, to take appropriate action. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would increase the maximum fine for a corporation or limited liability company to $2,500,000.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 no reimbursement is required by this act for a specified reason.Under the Mills-Alquist-Deddeh Act, all transit operators and city or county governments with responsibility for providing municipal services to a given area collectively are authorized to file claims with the transportation planning agency for only those funds that represent that areas apportionment, as defined, in the local transportation fund. Existing law authorizes the transportation planning agency, except as specified, to approve a claim filed for an unincorporated area by an operator that is serving that area pursuant to a contract with the county, even though the amount of the claim exceeds the apportionment for the area, if the amount is approved by the county.This bill would make a nonsubstantive change to the provision relating to the approval of claims.
Existing law provides that any corporation, limited liability company, or person who is aware that a product, facility, equipment, process, place of employment, or practice is a serious concealed danger and knowingly fails to take appropriate action, as specified, is guilty of a misdemeanor, or a felony, as provided, and is subject to a fine. Under existing law, if the defendant is a corporation or a limited liability company the maximum fine is $1,000,000. Existing law requires the corporation, limited liability company, or person to notify the Division of Occupational Safety and Health in the Department of Industrial Relations of the hazard, as specified.
This bill would require a person or entity described above to additionally make that notification in writing to an appropriate government agency unless the agency has actual knowledge of the danger. The bill would require the person or entity to warn other potential victims about the danger, as specified. The bill would provide that the person or entity is guilty of the offense if they fail, instead of knowingly fail, to take appropriate action. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would increase the maximum fine for a corporation or limited liability company to $2,500,000.
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 no reimbursement is required by this act for a specified reason.
Under the Mills-Alquist-Deddeh Act, all transit operators and city or county governments with responsibility for providing municipal services to a given area collectively are authorized to file claims with the transportation planning agency for only those funds that represent that areas apportionment, as defined, in the local transportation fund. Existing law authorizes the transportation planning agency, except as specified, to approve a claim filed for an unincorporated area by an operator that is serving that area pursuant to a contract with the county, even though the amount of the claim exceeds the apportionment for the area, if the amount is approved by the county.
This bill would make a nonsubstantive change to the provision relating to the approval of claims.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 387 of the Penal Code is amended to read:387. (a) Any A corporation, limited liability company, or person who is a manager with respect to a product, facility, equipment, process, place of employment, or business practice, is guilty of a public offense punishable by imprisonment in the county jail for a term not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment; imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two, or three years, or by a fine not exceeding twenty-five thousand dollars ($25,000); ($25,000), or by both that fine and imprisonment, but if the defendant is a corporation or a limited liability company the fine shall not exceed one million dollars ($1,000,000), two million five hundred thousand dollars ($2,500,000), if that corporation, limited liability company, or person does all of the following:(1) Has actual knowledge of a serious concealed danger that is subject to the regulatory authority of an appropriate agency and is associated with that product or a component of that product or business practice.(2) Knowingly fails Fails during the period ending 15 days after the actual knowledge is acquired, or if there is imminent risk of great bodily harm or death, immediately, to do both all of the following:(A) (i) Inform the Division of Occupational Safety and Health in the Department of Industrial Relations in writing, unless the corporation, limited liability company, or manager has actual knowledge that the division has been so informed.Where(ii) If the concealed danger reported pursuant to this paragraph is subject to the regulatory authority of an agency other than the Division of Occupational Safety and Health in the Department of Industrial Relations, it shall be the responsibility of the Division of Occupational Safety and Health in the Department of Industrial Relations, within 24 hours of receipt of the information, to telephonically notify the appropriate government agency of the hazard, and promptly forward any written notification received.(B) Inform the appropriate government agency, as listed in paragraph (9) of subdivision (b), in writing, unless the corporation, limited liability company, or manager has actual knowledge that the agency has been so informed.(B)(C) Warn its affected employees and warn other potential victims in writing, unless the corporation, limited liability company, or manager has actual knowledge that the employees or other potential victims have been so warned. The(i) The requirement for disclosure is not applicable if the hazard is abated within the time prescribed for reporting, unless the appropriate regulatory agency nonetheless requires disclosure by regulation. Where(ii) If the Division of Occupational Safety and Health in the Department of Industrial Relations was not notified, but the corporation, limited liability company, or manager reasonably and in good faith believed that they were complying with the notification requirements of this section by notifying another government agency, as listed in paragraph (8) of subdivision (d), (9) of subdivision (b), no penalties shall apply.(b) As used in this section:(1) Manager means a person having both of the following:(A) Management authority in or as a business entity.(B) Significant responsibility for any aspect of a business that includes actual authority for the safety of a product or business practice or for the conduct of research or testing in connection with a product or business practice.(2) Product means an article of trade or commerce or other item of merchandise that is a tangible or an intangible good, and includes services.(3) Actual knowledge, used with respect to a serious concealed danger, means has information that would convince a reasonable person in the circumstances in which the manager is situated that the serious concealed danger exists.(4) Serious concealed danger, used with respect to a product or business practice, means that the normal or reasonably foreseeable use of, or the exposure of an individual to, the product or business practice creates a substantial probability of death, great bodily harm, or serious exposure to an individual, and the danger is not readily apparent to an individual who is likely to be exposed.(5) Great bodily harm means a significant or substantial physical injury.(6) Serious exposure means any exposure to a hazardous substance, when the exposure occurs as a result of an incident or exposure over time and to a degree or in an amount sufficient to create a substantial probability that death or great bodily harm in the future would result from the exposure.(7) Warn its affected employees means give sufficient description of the serious concealed danger to all individuals working for or in the business entity who are likely to be subject to the serious concealed danger in the course of that work to make those individuals aware of that danger.(8) Warns other potential victims means give sufficient description of the serious concealed danger to potential victims who are likely to be subject to the serious concealed danger to make those individuals aware of that danger. If potential victims cannot be readily identified or the serious concealed danger threatens the general public, the warning may be given by publication in a manner that would reasonably inform the potential victims or the public.(8)(9) Appropriate government agency means an agency on the following list that has regulatory authority with respect to the product or business practice and serious concealed dangers of the sort discovered:(A) The Division of Occupational Safety and Health in the Department of Industrial Relations.(B) State Department of Health Care Services.(C) State Department of Public Health.(C)(D) Department of Food and Agriculture.(D)(E) County departments of health.(E)The(F) United States Food and Drug Administration.(F)The(G) United States Environmental Protection Agency.(G)The(H) National Highway Traffic Safety Administration.(H)The(I) Federal Occupation Safety and Health Administration.(I)The(J) Nuclear Regulatory Commission.(J)The(K) Consumer Product Safety Commission.(K)The(L) Federal Aviation Administration.(L)The(M) Federal Mine Safety and Health Review Commission.(N) Public Utilities Commission.(O) Geologic Energy Management Division.(P) California Underground Facilities Safe Excavation Board.(c) Notification received pursuant to this section shall not be used against any manager in any criminal case, except a prosecution for perjury or for giving a false statement.(d) No A person who is a manager of a limited liability company shall be is not personally liable for acts or omissions for which the limited liability company is liable under subdivision (a) solely by reason of being a manager of the limited liability company. A person who is a manager of a limited liability company may be held liable under subdivision (a) if that person is also a manager within the meaning of paragraph (1) of subdivision (b).SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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 XIIIB of the California Constitution.SECTION 1.Section 99231.2 of the Public Utilities Code is amended to read:99231.2.Except in the County of Los Angeles, the transportation planning agency, notwithstanding Section 99231, may approve the claim filed for an unincorporated area by an operator that is serving that area pursuant to a contract with the county, even though the amount of the claim exceeds the apportionment for the area, if the amount is approved by the county.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 387 of the Penal Code is amended to read:387. (a) Any A corporation, limited liability company, or person who is a manager with respect to a product, facility, equipment, process, place of employment, or business practice, is guilty of a public offense punishable by imprisonment in the county jail for a term not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment; imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two, or three years, or by a fine not exceeding twenty-five thousand dollars ($25,000); ($25,000), or by both that fine and imprisonment, but if the defendant is a corporation or a limited liability company the fine shall not exceed one million dollars ($1,000,000), two million five hundred thousand dollars ($2,500,000), if that corporation, limited liability company, or person does all of the following:(1) Has actual knowledge of a serious concealed danger that is subject to the regulatory authority of an appropriate agency and is associated with that product or a component of that product or business practice.(2) Knowingly fails Fails during the period ending 15 days after the actual knowledge is acquired, or if there is imminent risk of great bodily harm or death, immediately, to do both all of the following:(A) (i) Inform the Division of Occupational Safety and Health in the Department of Industrial Relations in writing, unless the corporation, limited liability company, or manager has actual knowledge that the division has been so informed.Where(ii) If the concealed danger reported pursuant to this paragraph is subject to the regulatory authority of an agency other than the Division of Occupational Safety and Health in the Department of Industrial Relations, it shall be the responsibility of the Division of Occupational Safety and Health in the Department of Industrial Relations, within 24 hours of receipt of the information, to telephonically notify the appropriate government agency of the hazard, and promptly forward any written notification received.(B) Inform the appropriate government agency, as listed in paragraph (9) of subdivision (b), in writing, unless the corporation, limited liability company, or manager has actual knowledge that the agency has been so informed.(B)(C) Warn its affected employees and warn other potential victims in writing, unless the corporation, limited liability company, or manager has actual knowledge that the employees or other potential victims have been so warned. The(i) The requirement for disclosure is not applicable if the hazard is abated within the time prescribed for reporting, unless the appropriate regulatory agency nonetheless requires disclosure by regulation. Where(ii) If the Division of Occupational Safety and Health in the Department of Industrial Relations was not notified, but the corporation, limited liability company, or manager reasonably and in good faith believed that they were complying with the notification requirements of this section by notifying another government agency, as listed in paragraph (8) of subdivision (d), (9) of subdivision (b), no penalties shall apply.(b) As used in this section:(1) Manager means a person having both of the following:(A) Management authority in or as a business entity.(B) Significant responsibility for any aspect of a business that includes actual authority for the safety of a product or business practice or for the conduct of research or testing in connection with a product or business practice.(2) Product means an article of trade or commerce or other item of merchandise that is a tangible or an intangible good, and includes services.(3) Actual knowledge, used with respect to a serious concealed danger, means has information that would convince a reasonable person in the circumstances in which the manager is situated that the serious concealed danger exists.(4) Serious concealed danger, used with respect to a product or business practice, means that the normal or reasonably foreseeable use of, or the exposure of an individual to, the product or business practice creates a substantial probability of death, great bodily harm, or serious exposure to an individual, and the danger is not readily apparent to an individual who is likely to be exposed.(5) Great bodily harm means a significant or substantial physical injury.(6) Serious exposure means any exposure to a hazardous substance, when the exposure occurs as a result of an incident or exposure over time and to a degree or in an amount sufficient to create a substantial probability that death or great bodily harm in the future would result from the exposure.(7) Warn its affected employees means give sufficient description of the serious concealed danger to all individuals working for or in the business entity who are likely to be subject to the serious concealed danger in the course of that work to make those individuals aware of that danger.(8) Warns other potential victims means give sufficient description of the serious concealed danger to potential victims who are likely to be subject to the serious concealed danger to make those individuals aware of that danger. If potential victims cannot be readily identified or the serious concealed danger threatens the general public, the warning may be given by publication in a manner that would reasonably inform the potential victims or the public.(8)(9) Appropriate government agency means an agency on the following list that has regulatory authority with respect to the product or business practice and serious concealed dangers of the sort discovered:(A) The Division of Occupational Safety and Health in the Department of Industrial Relations.(B) State Department of Health Care Services.(C) State Department of Public Health.(C)(D) Department of Food and Agriculture.(D)(E) County departments of health.(E)The(F) United States Food and Drug Administration.(F)The(G) United States Environmental Protection Agency.(G)The(H) National Highway Traffic Safety Administration.(H)The(I) Federal Occupation Safety and Health Administration.(I)The(J) Nuclear Regulatory Commission.(J)The(K) Consumer Product Safety Commission.(K)The(L) Federal Aviation Administration.(L)The(M) Federal Mine Safety and Health Review Commission.(N) Public Utilities Commission.(O) Geologic Energy Management Division.(P) California Underground Facilities Safe Excavation Board.(c) Notification received pursuant to this section shall not be used against any manager in any criminal case, except a prosecution for perjury or for giving a false statement.(d) No A person who is a manager of a limited liability company shall be is not personally liable for acts or omissions for which the limited liability company is liable under subdivision (a) solely by reason of being a manager of the limited liability company. A person who is a manager of a limited liability company may be held liable under subdivision (a) if that person is also a manager within the meaning of paragraph (1) of subdivision (b).
SECTION 1. Section 387 of the Penal Code is amended to read:
### SECTION 1.
387. (a) Any A corporation, limited liability company, or person who is a manager with respect to a product, facility, equipment, process, place of employment, or business practice, is guilty of a public offense punishable by imprisonment in the county jail for a term not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment; imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two, or three years, or by a fine not exceeding twenty-five thousand dollars ($25,000); ($25,000), or by both that fine and imprisonment, but if the defendant is a corporation or a limited liability company the fine shall not exceed one million dollars ($1,000,000), two million five hundred thousand dollars ($2,500,000), if that corporation, limited liability company, or person does all of the following:(1) Has actual knowledge of a serious concealed danger that is subject to the regulatory authority of an appropriate agency and is associated with that product or a component of that product or business practice.(2) Knowingly fails Fails during the period ending 15 days after the actual knowledge is acquired, or if there is imminent risk of great bodily harm or death, immediately, to do both all of the following:(A) (i) Inform the Division of Occupational Safety and Health in the Department of Industrial Relations in writing, unless the corporation, limited liability company, or manager has actual knowledge that the division has been so informed.Where(ii) If the concealed danger reported pursuant to this paragraph is subject to the regulatory authority of an agency other than the Division of Occupational Safety and Health in the Department of Industrial Relations, it shall be the responsibility of the Division of Occupational Safety and Health in the Department of Industrial Relations, within 24 hours of receipt of the information, to telephonically notify the appropriate government agency of the hazard, and promptly forward any written notification received.(B) Inform the appropriate government agency, as listed in paragraph (9) of subdivision (b), in writing, unless the corporation, limited liability company, or manager has actual knowledge that the agency has been so informed.(B)(C) Warn its affected employees and warn other potential victims in writing, unless the corporation, limited liability company, or manager has actual knowledge that the employees or other potential victims have been so warned. The(i) The requirement for disclosure is not applicable if the hazard is abated within the time prescribed for reporting, unless the appropriate regulatory agency nonetheless requires disclosure by regulation. Where(ii) If the Division of Occupational Safety and Health in the Department of Industrial Relations was not notified, but the corporation, limited liability company, or manager reasonably and in good faith believed that they were complying with the notification requirements of this section by notifying another government agency, as listed in paragraph (8) of subdivision (d), (9) of subdivision (b), no penalties shall apply.(b) As used in this section:(1) Manager means a person having both of the following:(A) Management authority in or as a business entity.(B) Significant responsibility for any aspect of a business that includes actual authority for the safety of a product or business practice or for the conduct of research or testing in connection with a product or business practice.(2) Product means an article of trade or commerce or other item of merchandise that is a tangible or an intangible good, and includes services.(3) Actual knowledge, used with respect to a serious concealed danger, means has information that would convince a reasonable person in the circumstances in which the manager is situated that the serious concealed danger exists.(4) Serious concealed danger, used with respect to a product or business practice, means that the normal or reasonably foreseeable use of, or the exposure of an individual to, the product or business practice creates a substantial probability of death, great bodily harm, or serious exposure to an individual, and the danger is not readily apparent to an individual who is likely to be exposed.(5) Great bodily harm means a significant or substantial physical injury.(6) Serious exposure means any exposure to a hazardous substance, when the exposure occurs as a result of an incident or exposure over time and to a degree or in an amount sufficient to create a substantial probability that death or great bodily harm in the future would result from the exposure.(7) Warn its affected employees means give sufficient description of the serious concealed danger to all individuals working for or in the business entity who are likely to be subject to the serious concealed danger in the course of that work to make those individuals aware of that danger.(8) Warns other potential victims means give sufficient description of the serious concealed danger to potential victims who are likely to be subject to the serious concealed danger to make those individuals aware of that danger. If potential victims cannot be readily identified or the serious concealed danger threatens the general public, the warning may be given by publication in a manner that would reasonably inform the potential victims or the public.(8)(9) Appropriate government agency means an agency on the following list that has regulatory authority with respect to the product or business practice and serious concealed dangers of the sort discovered:(A) The Division of Occupational Safety and Health in the Department of Industrial Relations.(B) State Department of Health Care Services.(C) State Department of Public Health.(C)(D) Department of Food and Agriculture.(D)(E) County departments of health.(E)The(F) United States Food and Drug Administration.(F)The(G) United States Environmental Protection Agency.(G)The(H) National Highway Traffic Safety Administration.(H)The(I) Federal Occupation Safety and Health Administration.(I)The(J) Nuclear Regulatory Commission.(J)The(K) Consumer Product Safety Commission.(K)The(L) Federal Aviation Administration.(L)The(M) Federal Mine Safety and Health Review Commission.(N) Public Utilities Commission.(O) Geologic Energy Management Division.(P) California Underground Facilities Safe Excavation Board.(c) Notification received pursuant to this section shall not be used against any manager in any criminal case, except a prosecution for perjury or for giving a false statement.(d) No A person who is a manager of a limited liability company shall be is not personally liable for acts or omissions for which the limited liability company is liable under subdivision (a) solely by reason of being a manager of the limited liability company. A person who is a manager of a limited liability company may be held liable under subdivision (a) if that person is also a manager within the meaning of paragraph (1) of subdivision (b).
387. (a) Any A corporation, limited liability company, or person who is a manager with respect to a product, facility, equipment, process, place of employment, or business practice, is guilty of a public offense punishable by imprisonment in the county jail for a term not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment; imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two, or three years, or by a fine not exceeding twenty-five thousand dollars ($25,000); ($25,000), or by both that fine and imprisonment, but if the defendant is a corporation or a limited liability company the fine shall not exceed one million dollars ($1,000,000), two million five hundred thousand dollars ($2,500,000), if that corporation, limited liability company, or person does all of the following:(1) Has actual knowledge of a serious concealed danger that is subject to the regulatory authority of an appropriate agency and is associated with that product or a component of that product or business practice.(2) Knowingly fails Fails during the period ending 15 days after the actual knowledge is acquired, or if there is imminent risk of great bodily harm or death, immediately, to do both all of the following:(A) (i) Inform the Division of Occupational Safety and Health in the Department of Industrial Relations in writing, unless the corporation, limited liability company, or manager has actual knowledge that the division has been so informed.Where(ii) If the concealed danger reported pursuant to this paragraph is subject to the regulatory authority of an agency other than the Division of Occupational Safety and Health in the Department of Industrial Relations, it shall be the responsibility of the Division of Occupational Safety and Health in the Department of Industrial Relations, within 24 hours of receipt of the information, to telephonically notify the appropriate government agency of the hazard, and promptly forward any written notification received.(B) Inform the appropriate government agency, as listed in paragraph (9) of subdivision (b), in writing, unless the corporation, limited liability company, or manager has actual knowledge that the agency has been so informed.(B)(C) Warn its affected employees and warn other potential victims in writing, unless the corporation, limited liability company, or manager has actual knowledge that the employees or other potential victims have been so warned. The(i) The requirement for disclosure is not applicable if the hazard is abated within the time prescribed for reporting, unless the appropriate regulatory agency nonetheless requires disclosure by regulation. Where(ii) If the Division of Occupational Safety and Health in the Department of Industrial Relations was not notified, but the corporation, limited liability company, or manager reasonably and in good faith believed that they were complying with the notification requirements of this section by notifying another government agency, as listed in paragraph (8) of subdivision (d), (9) of subdivision (b), no penalties shall apply.(b) As used in this section:(1) Manager means a person having both of the following:(A) Management authority in or as a business entity.(B) Significant responsibility for any aspect of a business that includes actual authority for the safety of a product or business practice or for the conduct of research or testing in connection with a product or business practice.(2) Product means an article of trade or commerce or other item of merchandise that is a tangible or an intangible good, and includes services.(3) Actual knowledge, used with respect to a serious concealed danger, means has information that would convince a reasonable person in the circumstances in which the manager is situated that the serious concealed danger exists.(4) Serious concealed danger, used with respect to a product or business practice, means that the normal or reasonably foreseeable use of, or the exposure of an individual to, the product or business practice creates a substantial probability of death, great bodily harm, or serious exposure to an individual, and the danger is not readily apparent to an individual who is likely to be exposed.(5) Great bodily harm means a significant or substantial physical injury.(6) Serious exposure means any exposure to a hazardous substance, when the exposure occurs as a result of an incident or exposure over time and to a degree or in an amount sufficient to create a substantial probability that death or great bodily harm in the future would result from the exposure.(7) Warn its affected employees means give sufficient description of the serious concealed danger to all individuals working for or in the business entity who are likely to be subject to the serious concealed danger in the course of that work to make those individuals aware of that danger.(8) Warns other potential victims means give sufficient description of the serious concealed danger to potential victims who are likely to be subject to the serious concealed danger to make those individuals aware of that danger. If potential victims cannot be readily identified or the serious concealed danger threatens the general public, the warning may be given by publication in a manner that would reasonably inform the potential victims or the public.(8)(9) Appropriate government agency means an agency on the following list that has regulatory authority with respect to the product or business practice and serious concealed dangers of the sort discovered:(A) The Division of Occupational Safety and Health in the Department of Industrial Relations.(B) State Department of Health Care Services.(C) State Department of Public Health.(C)(D) Department of Food and Agriculture.(D)(E) County departments of health.(E)The(F) United States Food and Drug Administration.(F)The(G) United States Environmental Protection Agency.(G)The(H) National Highway Traffic Safety Administration.(H)The(I) Federal Occupation Safety and Health Administration.(I)The(J) Nuclear Regulatory Commission.(J)The(K) Consumer Product Safety Commission.(K)The(L) Federal Aviation Administration.(L)The(M) Federal Mine Safety and Health Review Commission.(N) Public Utilities Commission.(O) Geologic Energy Management Division.(P) California Underground Facilities Safe Excavation Board.(c) Notification received pursuant to this section shall not be used against any manager in any criminal case, except a prosecution for perjury or for giving a false statement.(d) No A person who is a manager of a limited liability company shall be is not personally liable for acts or omissions for which the limited liability company is liable under subdivision (a) solely by reason of being a manager of the limited liability company. A person who is a manager of a limited liability company may be held liable under subdivision (a) if that person is also a manager within the meaning of paragraph (1) of subdivision (b).
387. (a) Any A corporation, limited liability company, or person who is a manager with respect to a product, facility, equipment, process, place of employment, or business practice, is guilty of a public offense punishable by imprisonment in the county jail for a term not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment; imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two, or three years, or by a fine not exceeding twenty-five thousand dollars ($25,000); ($25,000), or by both that fine and imprisonment, but if the defendant is a corporation or a limited liability company the fine shall not exceed one million dollars ($1,000,000), two million five hundred thousand dollars ($2,500,000), if that corporation, limited liability company, or person does all of the following:(1) Has actual knowledge of a serious concealed danger that is subject to the regulatory authority of an appropriate agency and is associated with that product or a component of that product or business practice.(2) Knowingly fails Fails during the period ending 15 days after the actual knowledge is acquired, or if there is imminent risk of great bodily harm or death, immediately, to do both all of the following:(A) (i) Inform the Division of Occupational Safety and Health in the Department of Industrial Relations in writing, unless the corporation, limited liability company, or manager has actual knowledge that the division has been so informed.Where(ii) If the concealed danger reported pursuant to this paragraph is subject to the regulatory authority of an agency other than the Division of Occupational Safety and Health in the Department of Industrial Relations, it shall be the responsibility of the Division of Occupational Safety and Health in the Department of Industrial Relations, within 24 hours of receipt of the information, to telephonically notify the appropriate government agency of the hazard, and promptly forward any written notification received.(B) Inform the appropriate government agency, as listed in paragraph (9) of subdivision (b), in writing, unless the corporation, limited liability company, or manager has actual knowledge that the agency has been so informed.(B)(C) Warn its affected employees and warn other potential victims in writing, unless the corporation, limited liability company, or manager has actual knowledge that the employees or other potential victims have been so warned. The(i) The requirement for disclosure is not applicable if the hazard is abated within the time prescribed for reporting, unless the appropriate regulatory agency nonetheless requires disclosure by regulation. Where(ii) If the Division of Occupational Safety and Health in the Department of Industrial Relations was not notified, but the corporation, limited liability company, or manager reasonably and in good faith believed that they were complying with the notification requirements of this section by notifying another government agency, as listed in paragraph (8) of subdivision (d), (9) of subdivision (b), no penalties shall apply.(b) As used in this section:(1) Manager means a person having both of the following:(A) Management authority in or as a business entity.(B) Significant responsibility for any aspect of a business that includes actual authority for the safety of a product or business practice or for the conduct of research or testing in connection with a product or business practice.(2) Product means an article of trade or commerce or other item of merchandise that is a tangible or an intangible good, and includes services.(3) Actual knowledge, used with respect to a serious concealed danger, means has information that would convince a reasonable person in the circumstances in which the manager is situated that the serious concealed danger exists.(4) Serious concealed danger, used with respect to a product or business practice, means that the normal or reasonably foreseeable use of, or the exposure of an individual to, the product or business practice creates a substantial probability of death, great bodily harm, or serious exposure to an individual, and the danger is not readily apparent to an individual who is likely to be exposed.(5) Great bodily harm means a significant or substantial physical injury.(6) Serious exposure means any exposure to a hazardous substance, when the exposure occurs as a result of an incident or exposure over time and to a degree or in an amount sufficient to create a substantial probability that death or great bodily harm in the future would result from the exposure.(7) Warn its affected employees means give sufficient description of the serious concealed danger to all individuals working for or in the business entity who are likely to be subject to the serious concealed danger in the course of that work to make those individuals aware of that danger.(8) Warns other potential victims means give sufficient description of the serious concealed danger to potential victims who are likely to be subject to the serious concealed danger to make those individuals aware of that danger. If potential victims cannot be readily identified or the serious concealed danger threatens the general public, the warning may be given by publication in a manner that would reasonably inform the potential victims or the public.(8)(9) Appropriate government agency means an agency on the following list that has regulatory authority with respect to the product or business practice and serious concealed dangers of the sort discovered:(A) The Division of Occupational Safety and Health in the Department of Industrial Relations.(B) State Department of Health Care Services.(C) State Department of Public Health.(C)(D) Department of Food and Agriculture.(D)(E) County departments of health.(E)The(F) United States Food and Drug Administration.(F)The(G) United States Environmental Protection Agency.(G)The(H) National Highway Traffic Safety Administration.(H)The(I) Federal Occupation Safety and Health Administration.(I)The(J) Nuclear Regulatory Commission.(J)The(K) Consumer Product Safety Commission.(K)The(L) Federal Aviation Administration.(L)The(M) Federal Mine Safety and Health Review Commission.(N) Public Utilities Commission.(O) Geologic Energy Management Division.(P) California Underground Facilities Safe Excavation Board.(c) Notification received pursuant to this section shall not be used against any manager in any criminal case, except a prosecution for perjury or for giving a false statement.(d) No A person who is a manager of a limited liability company shall be is not personally liable for acts or omissions for which the limited liability company is liable under subdivision (a) solely by reason of being a manager of the limited liability company. A person who is a manager of a limited liability company may be held liable under subdivision (a) if that person is also a manager within the meaning of paragraph (1) of subdivision (b).
387. (a) Any A corporation, limited liability company, or person who is a manager with respect to a product, facility, equipment, process, place of employment, or business practice, is guilty of a public offense punishable by imprisonment in the county jail for a term not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment; imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two, or three years, or by a fine not exceeding twenty-five thousand dollars ($25,000); ($25,000), or by both that fine and imprisonment, but if the defendant is a corporation or a limited liability company the fine shall not exceed one million dollars ($1,000,000), two million five hundred thousand dollars ($2,500,000), if that corporation, limited liability company, or person does all of the following:
(1) Has actual knowledge of a serious concealed danger that is subject to the regulatory authority of an appropriate agency and is associated with that product or a component of that product or business practice.
(2) Knowingly fails Fails during the period ending 15 days after the actual knowledge is acquired, or if there is imminent risk of great bodily harm or death, immediately, to do both all of the following:
(A) (i) Inform the Division of Occupational Safety and Health in the Department of Industrial Relations in writing, unless the corporation, limited liability company, or manager has actual knowledge that the division has been so informed.
Where
(ii) If the concealed danger reported pursuant to this paragraph is subject to the regulatory authority of an agency other than the Division of Occupational Safety and Health in the Department of Industrial Relations, it shall be the responsibility of the Division of Occupational Safety and Health in the Department of Industrial Relations, within 24 hours of receipt of the information, to telephonically notify the appropriate government agency of the hazard, and promptly forward any written notification received.
(B) Inform the appropriate government agency, as listed in paragraph (9) of subdivision (b), in writing, unless the corporation, limited liability company, or manager has actual knowledge that the agency has been so informed.
(B)
(C) Warn its affected employees and warn other potential victims in writing, unless the corporation, limited liability company, or manager has actual knowledge that the employees or other potential victims have been so warned.
The
(i) The requirement for disclosure is not applicable if the hazard is abated within the time prescribed for reporting, unless the appropriate regulatory agency nonetheless requires disclosure by regulation.
Where
(ii) If the Division of Occupational Safety and Health in the Department of Industrial Relations was not notified, but the corporation, limited liability company, or manager reasonably and in good faith believed that they were complying with the notification requirements of this section by notifying another government agency, as listed in paragraph (8) of subdivision (d), (9) of subdivision (b), no penalties shall apply.
(b) As used in this section:
(1) Manager means a person having both of the following:
(A) Management authority in or as a business entity.
(B) Significant responsibility for any aspect of a business that includes actual authority for the safety of a product or business practice or for the conduct of research or testing in connection with a product or business practice.
(2) Product means an article of trade or commerce or other item of merchandise that is a tangible or an intangible good, and includes services.
(3) Actual knowledge, used with respect to a serious concealed danger, means has information that would convince a reasonable person in the circumstances in which the manager is situated that the serious concealed danger exists.
(4) Serious concealed danger, used with respect to a product or business practice, means that the normal or reasonably foreseeable use of, or the exposure of an individual to, the product or business practice creates a substantial probability of death, great bodily harm, or serious exposure to an individual, and the danger is not readily apparent to an individual who is likely to be exposed.
(5) Great bodily harm means a significant or substantial physical injury.
(6) Serious exposure means any exposure to a hazardous substance, when the exposure occurs as a result of an incident or exposure over time and to a degree or in an amount sufficient to create a substantial probability that death or great bodily harm in the future would result from the exposure.
(7) Warn its affected employees means give sufficient description of the serious concealed danger to all individuals working for or in the business entity who are likely to be subject to the serious concealed danger in the course of that work to make those individuals aware of that danger.
(8) Warns other potential victims means give sufficient description of the serious concealed danger to potential victims who are likely to be subject to the serious concealed danger to make those individuals aware of that danger. If potential victims cannot be readily identified or the serious concealed danger threatens the general public, the warning may be given by publication in a manner that would reasonably inform the potential victims or the public.
(8)
(9) Appropriate government agency means an agency on the following list that has regulatory authority with respect to the product or business practice and serious concealed dangers of the sort discovered:
(A) The Division of Occupational Safety and Health in the Department of Industrial Relations.
(B) State Department of Health Care Services.
(C) State Department of Public Health.
(C)
(D) Department of Food and Agriculture.
(D)
(E) County departments of health.
(E)The
(F) United States Food and Drug Administration.
(F)The
(G) United States Environmental Protection Agency.
(G)The
(H) National Highway Traffic Safety Administration.
(H)The
(I) Federal Occupation Safety and Health Administration.
(I)The
(J) Nuclear Regulatory Commission.
(J)The
(K) Consumer Product Safety Commission.
(K)The
(L) Federal Aviation Administration.
(L)The
(M) Federal Mine Safety and Health Review Commission.
(N) Public Utilities Commission.
(O) Geologic Energy Management Division.
(P) California Underground Facilities Safe Excavation Board.
(c) Notification received pursuant to this section shall not be used against any manager in any criminal case, except a prosecution for perjury or for giving a false statement.
(d) No A person who is a manager of a limited liability company shall be is not personally liable for acts or omissions for which the limited liability company is liable under subdivision (a) solely by reason of being a manager of the limited liability company. A person who is a manager of a limited liability company may be held liable under subdivision (a) if that person is also a manager within the meaning of paragraph (1) of subdivision (b).
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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 XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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 XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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 XIIIB of the California Constitution.
### SEC. 2.
Except in the County of Los Angeles, the transportation planning agency, notwithstanding Section 99231, may approve the claim filed for an unincorporated area by an operator that is serving that area pursuant to a contract with the county, even though the amount of the claim exceeds the apportionment for the area, if the amount is approved by the county.