BILL NUMBER: AB 1505	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 13, 2015

INTRODUCED BY    Committee on Labor and Employment 
 (   Assembly Members Roger Hernández
(Chair), Chu, Low, McCarty, and Thurmond   )
  Assembly Member   Roger  Hernández 

                        MARCH 4, 2015

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1505, as amended,  Committee on Labor and Employment
  Roger  Hernández  .  Car washes.
  Statute of limitations: public contracts.  
   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.  
   Existing law requires that the prosecution of a misdemeanor,
unless otherwise provided by law, commence within one year of the
commission of the offense.  
   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.  
   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.  
   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. 
   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 802 of the   Penal
Code   is amended to read: 
   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. 
   (f) Prosecution for a violation of Section 20163 of the Public
Contract Code shall commence within three years of the commission of
the offense.  
  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.