Amended in Senate July 13, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1505

Introduced by begin delete Committee on Labor and Employment (Assembly Members Roger Hernández (Chair), Chu, Low, McCarty, and Thurmond) end delete begin insert Assembly Member Roger  end insert begin insert Hernández end insert

March 4, 2015

An act to begin delete add Section 2066.5 to the Labor Code, relating to car washes. end delete begin insert amend Section 802 of the Penal Code, relating to crimes. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1505, as amended, begin delete Committee on Labor and Employment end delete   begin insert Roger  Hernández end insert . begin delete Car washes. end delete begin insert Statute of limitations: public contracts. end insert

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Existing law makes it a misdemeanor to split or separate into smaller work orders or projects any public work project for the purpose of evading the requirement that public work be done by contract after competitive bidding.

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Existing law requires that the prosecution of a misdemeanor, unless otherwise provided by law, commence within one year of the commission of the offense.

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This bill would require that prosecution for a misdemeanor resulting from a city evading provisions requiring public work projects to be done by contract after competitive bidding, as prescribed, be commenced within 3 years of the commission of the offense.

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Existing law regulates the employment practices of car washes, including providing specific recordkeeping requirements that employers of car washers must implement with regard to car washer wages, hours, and working conditions, under the enforcement authority of the Division of Labor Standards and Enforcement. Existing law requires employers of car washers to register with the Labor Commissioner and pay a specified registration fee, or be subject to a specified civil fine. Existing law also requires employers of car washers to post a $150,000 bond for the benefit of the state to compensate employees damaged by the employer’s nonpayment of wages, except as specified. Existing law also provides that a successor to an employer that owed wages and penalties to the predecessor’s employees is liable for those wages and penalties under specified circumstances.

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This bill would require a car wash employer to provide written notice to a successor employer regarding the above provisions prior to the sale or other transfer of the business.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 802 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

802.  

(a) Except as provided in subdivision (b), (c), (d), or (e),
prosecution for an offense not punishable by death or imprisonment
in the state prison or pursuant to subdivision (h) of Section 1170
shall be commenced within one year after commission of the
offense.

(b) Prosecution for a misdemeanor violation of Section 647.6
or former Section 647a committed with or upon a minor under the
age of 14 years shall be commenced within three years after
commission of the offense.

(c) Prosecution of a misdemeanor violation of Section 729 of
the Business and Professions Code shall be commenced within
two years after commission of the offense.

(d) Prosecution of a misdemeanor violation of Chapter 9
(commencing with Section 7000) of Division 3 of the Business
and Professions Code shall be commenced as follows:

(1) With respect to Sections 7028.17, 7068.5, and 7068.7 of the
Business and Professions Code, within one year of the commission
of the offense.

(2) With respect to Sections 7027.1, 7028.1, 7028.15, 7118.4,
7118.5, 7118.6, 7126, 7153, 7156, 7157, 7158, 7159.5 (licensee
only), 7159.14 (licensee only), 7161, and 7189 of the Business
and Professions Code, within two years of the commission of the
offense.

(3) With respect to Sections 7027.3 and 7028.16 of the Business
and Professions Code, within three years of the commission of the
offense.

(4) With respect to Sections 7028, 7159.5 (nonlicensee only),
and 7159.14 (nonlicensee only) of the Business and Professions
Code, within four years of the commission of the offense.

(e) Prosecution for a misdemeanor violation of Section 6126,
10085.6, 10139, or 10147.6 of the Business and Professions Code
or Section 2944.6 or 2944.7 of the Civil Code shall be commenced
within three years after discovery of the commission of the offense,
or within three years after completion of the offense, whichever
is later.

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(f) Prosecution for a violation of Section 20163 of the Public
Contract Code shall commence within three years of the
commission of the offense.

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SECTION 1.  

Section 2066.5 is added to the Labor Code, to
read:

2066.5.  

An employer engaged in car washing and polishing
shall provide a successor with written notice of the provisions of
this part, including Section 2066, prior to the sale or other transfer
of the business.

end delete