BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1384|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 1384
Author: Assembly Labor and Employment Committee
Amended: As introduced
Vote: 21
SENATE LABOR & INDUST. RELATIONS COMM. : 4-0, 6/12/13
AYES: Monning, Leno, Padilla, Yee
NO VOTE RECORDED: Wyland
SENATE APPROPRIATIONS COMMITTEE : 5-2, 6/24/13
AYES: De León, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
ASSEMBLY FLOOR : 67-3, 5/16/13 - See last page for vote
SUBJECT : Garment manufacturing: civil penalties
SOURCE : Author
DIGEST : This bill establishes civil penalties for a garment
manufacturer who fails to display specified information at the
front entrance of the business, as required under existing law.
ANALYSIS :
Existing law:
1.Requires every person engaged in the business of garment
manufacturing to register with the Labor Commissioner (LC) and
meet other specified requirements.
CONTINUED
AB 1384
Page
2
2.Requires every person registered as a garment manufacturer to
display his/her name, address, and garment manufacturing
number on the front of his/her business, as specified.
3.Authorizes the LC to waive this requirement if he/she finds
compliance to be infeasible due to the design or layout of the
business premises.
This bill establishes civil penalties for a garment manufacturer
who fails to display specified information at the front entrance
of the business, as required by existing law. Specifically,
this bill:
1.Provides that any person who fails to comply with the
requirement will be subject to a civil penalty of $100 per
calendar day that the person engages or has engaged in garment
manufacturing.
2.Provides for a penalty of $200 per day for any subsequent
citation.
3.Authorizes the LC to issue a citation for failure to comply
with existing law regarding the display of information. The
bill specifies that procedures for issuing, contesting, and
enforcing judgments for citations or civil penalties are the
same as under existing law.
4.Provides that the civil penalties, as specified, are in
addition to any other civil or criminal penalty provided by
existing law.
Comments
In 1980 the California Legislature passed the Garment
Manufacturing Act (Act) - which enacted various provisions to
protect the wages and the health and safety standards in the
garment industry. The Act included such provisions as a
requirement for industry employers to register with the LC,
demonstrate adequate character, competency, and responsibility.
Almost ten years later a new section of Labor Code was added
requiring registered garment manufacturers to display his/her
name, address, and registration number on the front entrance of
the business.
CONTINUED
AB 1384
Page
3
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
The Department of Industrial Relations (DIR) anticipates costs
of $118,000 (special funds) to implement the provisions of this
bill, using a methodology that estimates (1) the number of
resulting citations, and (2) subsequent administrative hearings.
Additionally, the bill imposes a penalty of $100 per day for an
initial citation, and $200 per day for subsequent citations.
The assessment of these penalties could offset a portion of
DIR's implementation costs.
SUPPORT : (Verified 6/25/13)
California Rural Legal Assistance Foundation
ASSEMBLY FLOOR : 67-3, 5/16/13
AYES: Achadjian, Alejo, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chesbro, Cooley, Dahle,
Daly, Dickinson, Eggman, Fong, Fox, Frazier, Garcia, Gatto,
Gomez, Gordon, Gorell, Gray, Hagman, Hall, Harkey, Roger
Hernández, Jones, Jones-Sawyer, Levine, Linder, Logue,
Lowenthal, Maienschein, Mansoor, Medina, Mitchell, Mullin,
Muratsuchi, Nazarian, Nestande, Olsen, Pan, Perea, V. Manuel
Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Ting,
Torres, Wagner, Weber, Wieckowski, Wilk, Williams, Yamada,
John A. Pérez
NOES: Chávez, Donnelly, Waldron
NO VOTE RECORDED: Allen, Conway, Beth Gaines, Grove, Holden,
Melendez, Morrell, Patterson, Stone, Vacancy
PQ:ej 6/26/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED
AB 1384
Page
4
CONTINUED