BILL NUMBER: SB 459	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Corbett

                        FEBRUARY 16, 2011

   An act to amend Section 212 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 459, as introduced, Corbett. Employment: payment of wages.
   Existing law prohibits a person or his or her agent or officer
from issuing in payment of wages due (1) an acknowledgment of
indebtedness unless it is negotiable and payable in cash at an
established place of business in the state with a specified name and
address and at the time of issuance and for at least 30 days
thereafter and (2) a thing redeemable in merchandise or otherwise
than in money.
   This bill would make nonsubstantive changes to those provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 212 of the Labor Code is amended to read:
   212.  (a)  No   A  person, or agent or
officer thereof, shall  not  issue in payment of wages due,
or to become due, or as an advance on wages to be earned:
   (1)  Any   An  order, check, draft,
note, memorandum, or other acknowledgment of indebtedness, unless it
is negotiable and payable in cash, on demand, without discount, at
some established place of business in the state, the name and address
of which must appear on the instrument, and at the time of its
issuance and for a reasonable time thereafter, which must be at least
30 days, the maker or drawer has sufficient funds in, or credit,
arrangement, or understanding with the drawee for its payment.
   (2)  Any   A  scrip, coupon, 
cards   card  , or other thing redeemable, in
merchandise or purporting to be payable or redeemable otherwise than
in money.
   (b) Where an instrument mentioned in subdivision (a) is protested
or dishonored, the notice or memorandum of protest or dishonor is
admissible as proof of presentation, nonpayment  ,  and
protest and is presumptive evidence of knowledge of insufficiency of
funds or credit with the drawee.
   (c) Notwithstanding paragraph (1) of subdivision (a), if the
drawee is a bank, the bank's address need not appear on the
instrument and, in that case, the instrument shall be negotiable and
payable in cash, on demand, without discount, at  any
  a  place of business of the drawee chosen by the
person entitled to enforce the instrument.