BILL NUMBER: AB 1138	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chau

                        FEBRUARY 22, 2013

   An act to amend Section 106 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1138, as introduced, Chau. Joint Enforcement Strike Force on
the Underground Economy.
   Existing law establishes the Joint Enforcement Strike Force on the
Underground Economy to combat tax violations and cash-pay
employment. Existing law authorizes the Labor Commissioner to
authorize an employee of any of the agencies that participate in the
strike force to issue citations and issue and serve a penalty
assessment order. Existing law prohibits an employee from issuing
citations or penalty assessment orders unless the employee has been
specifically designated, authorized, and trained by the Labor
Commissioner for this purpose.
   This bill would make nonsubstantive changes to that prohibition.
   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 106 of the Labor Code is amended to read:
   106.  (a) The Labor Commissioner may authorize an employee of any
of the agencies that participate in the Joint Enforcement Strike
Force on the Underground Economy, as defined in Section 329 of the
Unemployment Insurance Code, to issue citations pursuant to Sections
226.4 and 1022 and issue and serve a penalty assessment order
pursuant to subdivision (a) of Section 3722.
   (b)  No employees   An employee  shall
 not  issue  citations   a citation
 or penalty assessment  orders   order
 pursuant to this section unless  they have 
 the employee has  been specifically designated, authorized,
and trained by the Labor Commissioner for this purpose. Appeals of
all citations or penalty assessment orders shall follow the
procedures prescribed in Section 226.5, 1023, or 3725, 
whichever is  as  applicable.