Bill Text: CA AB2135 | 2009-2010 | Regular Session | Amended

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Bill Title: Home delivery entities: registration.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-04-21 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2135 Detail]

Download: California-2009-AB2135-Amended.html

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BILL NUMBER: AB 2135	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member De La Torre

                        FEBRUARY 18, 2010

   An act to add Article 1 (commencing with Section 1250) to Chapter
2 of Part 4 of Division 2 of the Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2135, as amended, De La Torre. Home delivery  employees
  entities  : registration.
   Under existing law, the Labor Commissioner is the chief of the
Division of Labor Standards Enforcement and is charged with the
responsibility of enforcing the state's labor laws not specifically
vested in any other officer, board, or commission.
   This bill would require an entity that  employs or
 uses  a person or persons   an
independent contractor  for purposes of home deliveries  ,
where the delivery person has access to the home,  to register
with the Labor Commissioner and would require the Labor Commissioner
to conduct an investigation, including a criminal background check by
the Department of Justice, of all persons identified by the
applicant for registration as persons who would be engaged in home
deliveries  , and to be satisfied that such persons do not
pose a criminal risk in connection with home deliveries 
 with access to the home  and  determines  that the
 employer   applicant  has not previously
violated these provisions before registering or renewing the
registration of an entity. The bill would require the Labor
Commissioner to adopt regulations to implement these registration
requirements, including the determination of fees that applicants for
registration must pay to defray the costs of administering the
registration program.
   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.  Article 1 (commencing with Section 1250) is added to
Chapter 2 of Part 4 of Division 2 of the Labor Code, to read:

      Article 1.  Home Delivery Employees


   1250.  (a) Any individual, association, corporation, or other
entity that  employs or  uses, either directly or
indirectly through third persons, a person or persons  as an
independent contractor or contractors, within the meaning set forth
in Section 2750.5,  for purposes of home deliveries  , where
the delivery person has access to the home,  shall register
annually with the Labor Commissioner pursuant to this section.
   (b) The Labor Commissioner shall not register or renew the
registration of an applicant for registration unless the Labor
Commissioner  , following   completes  an
investigation thereof, including a criminal background check by the
California Department of Justice of all persons identified by the
applicant as persons who would be engaged in home deliveries 
, is satisfied that such persons do not pose a criminal risk in
connection with home deliveries and   and would have
access to the home, and determines that  the  employer
  applicant  has not previously violated this
article.
   (c) (1) The Labor Commissioner shall adopt regulations to
implement the registration requirements of this article.
   (2) Each application for initial registration shall be accompanied
by a fee determined by the Labor Commissioner by regulation in an
amount sufficient in the aggregate to defray the division's costs of
administering the registration program.