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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 5, 2010

INTRODUCED BY   Assembly Member De La Torre

                        FEBRUARY 18, 2010

    An act to amend Section 1090 of the Government Code,
relating to public officers and employees.   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.  Public officers or
employees: conflicts of interest.   Home delivery
employees: 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 for purposes of home deliveries 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 and that the employer 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.  
   Existing law prohibits Members of the Legislature and state,
county, district, judicial district, and city officers or employees
from being financially interested in any contract made by them in
their official capacity, or by any body or board of which they are
members. That law also prohibits state, county, district, judicial
district, and city officers and employees from being purchasers at
any sale, or vendors at any purchase, made by them in their official
capacity. A violation of either of these prohibitions is a crime.
 
   This bill would make a technical, nonsubstantive change to that
law. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  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 for purposes of home deliveries
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 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 the
employer 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.  
  SECTION 1.    Section 1090 of the Government Code
is amended to read:
   1090.  Members of the Legislature, state, county, district,
judicial district, and city officers or employees shall not be
financially interested in any contract made by them in their official
capacity, or by any body or board of which they are members. Nor
shall state, county, district, judicial district, and city officers
or employees be purchasers at any sale, or vendors at any purchase,
made by them in their official capacity.
   As used in this article, "district" means any agency of the state
formed pursuant to general law or special act, for the local
performance of governmental or proprietary functions within limited
boundaries.