Bill Text: CA AB302 | 2011-2012 | Regular Session | Amended

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Bill Title: Garment manufacturing: alteration of appearance.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB302 Detail]

Download: California-2011-AB302-Amended.html

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BILL NUMBER: AB 302	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 27, 2011

INTRODUCED BY   Assembly Member Garrick

                        FEBRUARY 9, 2011

   An act to amend Section 2671 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 302, as amended, Garrick. Garment manufacturing: 
embroidering   alteration of appearance  .
   Existing law regulates  the   persons engaged
in the business of  garment manufacturing  industry and
defines "garment manufacturing" to mean sewing, cutting, making,
processing, repairing, finishing, assembling, or otherwise preparing
any garment or any article of wearing apparel or accessories designed
or intended to be worn by any individual for sale or resale by any
person contracting to have those operations performed. Specifically,
existing law requires every person engaged in the business of garment
manufacturing to register with the Labor Commissioner  
. Existing law provides that certain persons, including  
persons who engage solely in that part of the business engaged solely
in cleaning, alteration, or tailoring, are not subject to those
regulations  .
   This bill would  specify that embroidering done by a small
business, as defined, is not included within the definition of
garment manufacturing   provide that persons who engage
solely in the alteration, by any means or method, of the appearance
of garments previously shipped by a garment manufacturer as
ready-to-wear apparel are also not subject to the regulations
pertaining to garment manufacturing  .
   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.  Section 2671 of the Labor Code is amended to read:
   2671.  As used in this part:
   (a) "Person" means any individual, partnership, corporation,
limited liability company, or association, and includes, but is not
limited to, employers, manufacturers, jobbers, wholesalers,
contractors, subcontractors, and any other person or entity engaged
in the business of garment manufacturing.
   "Person" does not include any person who manufactures garments by
himself or herself, without the assistance of a contractor, employee,
or others; any person who engages solely in that part of the
business engaged solely in cleaning, alteration, or tailoring; 
any   person who engages solely in the alteration, by any
means or method, of the appearance of garments previously shipped by
a garment manufacturer as ready-to-wear apparel;  any person who
engages in the activities herein regulated as an employee with wages
as his or her sole compensation; or any person as provided by
regulation.
   (b) (1) "Garment manufacturing" means sewing, cutting, making,
processing, repairing, finishing, assembling, or otherwise preparing
any garment or any article of wearing apparel or accessories designed
or intended to be worn by any individual, including, but not limited
to, clothing, hats, gloves, handbags, hosiery, ties, scarfs, and
belts, for sale or resale by any person or any persons contracting to
have those operations performed and other operations and practices
in the apparel industry as may be identified in regulations of the
Department of Industrial Relations consistent with the purposes of
this  part.  
   (2) (A) "Garment manufacturing" does not include embroidering done
by a small business.  
   (B) For purposes of this paragraph, the following definitions
apply:  
   (i) "Embroidering" means using an electronic program that directs
embroidery equipment to reproduce a design on finished, ready-to-wear
apparel.  
   (ii) "Small business" means a business that employs 10 or fewer
people. 
    (3)     The 
 part. The  Department of Industrial Relations shall adopt,
and may from time to time amend, regulations to clarify and refine
the definition of garment manufacturing in this subdivision to be
consistent with current and future industry practices, but the
regulations shall not limit the scope of garment manufacturing, as
defined in this subdivision.
   (c) "Commissioner" means the Labor Commissioner.
   (d) "Contractor" means any person who, with the assistance of
employees or others, is primarily engaged in sewing, cutting, making,
processing, repairing, finishing, assembling, or otherwise preparing
any garment or any article of wearing apparel or accessories
designed or intended to be worn by any individual, including, but not
limited to, clothing, hats, gloves, handbags, hosiery, ties, scarfs,
and belts, for another person. "Contractor" includes a subcontractor
that is primarily engaged in those operations.