BILL NUMBER: AB 236	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2009

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 6, 2009

    An act to repeal Chapter 4 (commencing with Section 2067)
of Part 8.5 of Division 2   An act to amend Sections
2051 and 2067  of the Labor Code, relating to car washes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 236, as amended, Swanson. Employment: car washes.
   Existing law  provides that the provisions regulating
  , until January 1, 2010, regulates the employment
practices of car washes  remain in effect until January 1,
2010, and are repealed as of that date   and defines the
term "employer" for the purpose of those provisions  .
   This bill would  remove   extend  that
 repeal  date  , thereby continuing the regulation
of the employment practices of car washes beyond   to
 January 1,  2010   2014, and would specify
that a new motor vehicle dealer, as defined, is not an employer for
purposes of these regulatory provisions  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 2051 of the   Labor
Code   is amended to read: 
   2051.  As used in this part:
   (a) "Car washing and polishing" means washing, cleaning, drying,
polishing, detailing, servicing, or otherwise providing cosmetic care
to vehicles. "Car washing and polishing" does not include motor
vehicle repair, as defined in Section 9880.1 of the Business and
Professions Code.
   (b) (1) "Employer" means any individual, partnership, corporation,
limited liability company, joint venture, or association engaged in
the business of car washing and polishing that engages any other
individual in providing those services.
   (2) "Employer" does not include any charitable, youth, service,
veteran, or sports group, club, or association that conducts car
washing and polishing on an intermittent basis to raise funds for
charitable, education, or religious purposes. "Employer" does not
include any licensed vehicle dealer, car rental agency, or automotive
repair business that conducts car washing and polishing ancillary to
its primary business of selling, leasing, or servicing vehicles.
 "Employer" does not include a new motor vehicle dealer, as
defined in Section 426 of the Vehicle Code, that is primarily engaged
in the business of selling, leasing, renting, or servicing vehicles.
 "Employer" does not include any self-service car wash or
automated car wash that has employees for cashiering or maintenance
purposes only.
   (c) "Employee" means any person, including an alien or minor, who
renders actual car washing and polishing services in any business for
an employer, whether for tips or for wages, and whether wages are
calculated by time, piece, task, commission, or other method of
calculation, and whether the services are rendered on a commission,
concessionaire, or other basis.
   (d) "Commissioner" means the Labor Commissioner.
   SEC. 2.    Section 2067 of the   Labor Code
  is amended to read: 
   2067.  This part shall remain in effect only until January 1,
 2010   2014  , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2010   2014  , deletes or
extends that date. 
  SECTION 1.    Chapter 4 (commencing with Section
2067) of Part 8.5 of Division 2 of the Labor Code is repealed.