BILL NUMBER: AB 1132	CHAPTERED
	BILL TEXT

	CHAPTER  214
	FILED WITH SECRETARY OF STATE  AUGUST 11, 2003
	APPROVED BY GOVERNOR  AUGUST 9, 2003
	PASSED THE SENATE  JULY 24, 2003
	PASSED THE ASSEMBLY  MAY 8, 2003
	AMENDED IN ASSEMBLY  APRIL 21, 2003

INTRODUCED BY   Assembly Member Koretz

                        FEBRUARY 21, 2003

   An act to amend Section 2664 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1132, Koretz.  Employment.
   Under existing law, articles or material unlawfully manufactured
at home may be removed by the Division of Labor Standards
Enforcement.  The division retains the articles or materials for 30
days or until the final determination of any court action, and may
then dispose of the articles or material.
   This bill would provide that the confiscated articles or material
may not be sold.  It would further provide that notice shall be given
of the confiscation and of the right to appeal, and if a timely
notice of appeal is filed, the Labor Commissioner shall hold a
hearing, which is required to be recorded.  After the hearing, the
Labor Commissioner must issue a decision with findings of fact and
legal analysis, and may order the return of none, some, or all of the
confiscated articles and materials.  Finally, it provides that
judicial review is available by petition for writ of mandate.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2664 of the Labor Code is amended to read:
   2664.  (a) Any article or material which is being manufactured in
a home in violation of any provision of this part may be confiscated
by the division.  Articles or material confiscated pursuant to this
section shall be placed in the custody of the division, which shall
be responsible for destroying or disposing of them pursuant to
regulations adopted under Section 2666, provided that the articles or
material shall not enter the mainstream of commerce and shall not be
offered for sale.  The division shall, by certified mail, give
notice of the confiscation and the procedure for appealing the
confiscation to the person whose name and address are affixed to the
article or material as provided in this part.  The notice shall state
that failure to file a written notice of appeal with the Labor
Commissioner within 15 days after service of the notice of
confiscation shall result in the destruction or disposition of the
confiscated article or material.
   (b) To contest the confiscation of articles or material, a person
shall, within 15 days after service of the notice of confiscation,
file a written notice of appeal with the Office of the Labor
Commissioner at the address that appears on the notice of
confiscation.  Within 30 days after the timely filing of a notice of
appeal, the Labor Commissioner shall hold a hearing on the appeal.
The hearing shall be recorded.  Based on the evidence presented at
the hearing, the Labor Commissioner may affirm, modify, or dismiss
the confiscation, and may order the return of none, some, or all of
the confiscated articles or material, under terms that the Labor
Commissioner may specify.  The decision of the Labor Commissioner
shall consist of findings of fact, legal analysis, and an order.  The
decision shall be served by first-class mail on all parties to the
hearing, to the last known address of the parties on file with the
Labor Commissioner, within 15 days of the conclusion of the hearing.
Service shall be complete pursuant to Section 1013 of the Code of
Civil Procedure.  Judicial review shall be by petition for writ of
mandate, filed with the appropriate court, within 45 days of service
of the decision.