BILL NUMBER: SB 677	AMENDED
	BILL TEXT

	AMENDED IN SENATE  DECEMBER 17, 2009
	AMENDED IN SENATE  MAY 19, 2009
	AMENDED IN SENATE  MAY 14, 2009

INTRODUCED BY   Senator Yee

                        FEBRUARY 27, 2009

    An act to add and repeal Section 3352.1 of the Labor
Code, relating to workers' compensation.   An act to add
Section 236.3 to the Penal Code, relating to human trafficking.




	LEGISLATIVE COUNSEL'S DIGEST


   SB 677, as amended, Yee.  Workers' compensation:
exclusions: farming operations.   Human trafficking:
property: seizure.  
   Existing law defines human trafficking as the deprivation or
violation of the personal liberty of another person with the intent
to commit certain specified sex offenses with the person or to obtain
forced labor or services, as specified.  
   This bill would authorize real property used to facilitate the
commission of that offense to be declared and treated as a nuisance,
as specified  
   Existing workers' compensation law generally requires employers to
secure the payment of workers' compensation, including medical
treatment, for injuries incurred by their employees that arise out
of, and in the course of, employment. Existing law requires employers
to secure this payment either by being insured by one or more
insurers duly authorized to write compensation insurance in this
state or by securing from the Director of Industrial Relations a
certificate of consent to self-insure. Existing law excludes various
persons from the definition of employee for purposes of these
provisions.  
   This bill would, until January 1, 2013, exclude any person
employed by his or her parent, child, spouse, or registered domestic
partner, or by the spouse or registered domestic partner of his or
her parent or child, in a farming operation that is registered with
the director or the director's designee and meets certain specified
conditions. The bill would require the owner or owners of the farming
operation to submit specified information when registering with the
director or the director's designee. The bill would provide that this
information shall become public record, except as specified. The
bill would, however, authorize not more than 3,000 registrations
within a calendar year under these provisions and would provide that
registration shall be in effect for one year, except as specified.
 
   This bill would provide that if any of the conditions of
registration are violated, the farming operation shall be deemed to
have failed to secure the payment of compensation and shall be
subject to the resulting penalties. The bill would also provide that
a violation of the conditions shall constitute good cause for the
director or the director's designee to cancel the farming operation's
registration. 
   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 236.3 is added to the 
 Penal Code   , to read:  
   236.3.  Upon conviction of a violation of Section 236.1, when real
property is used to facilitate the commission of the offense, the
procedures for determining whether the property constitutes a
nuisance and the remedies imposed therefor as provided in Article 2
(commencing with Section 11225) of Chapter 3 of Title 1 of Part 4
shall apply.  All matter omitted in this version of the bill
appears in the bill as amended in the Senate, May 19, 2009. (JR11)