California Assembly Bill AB2135 Latest Draft

 BILL NUMBER: AB 2135AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 15, 2010 AMENDED IN ASSEMBLY APRIL 5, 2010 INTRODUCED BY Assembly Member De La Torre FEBRUARY 18, 2010 An act to add Article 1 (commencing with Section 1250) to Chapter 2 of Part 4 of Division 2 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGEST AB 2135, as amended, De La Torre. Home delivery  employees   entities  : registration. Under existing law, the Labor Commissioner is the chief of the Division of Labor Standards Enforcement and is charged with the responsibility of enforcing the state's labor laws not specifically vested in any other officer, board, or commission. This bill would require an entity that  employs or  uses  a person or persons   an independent contractor  for purposes of home deliveries  , where the delivery person has access to the home,  to register with the Labor Commissioner and would require the Labor Commissioner to conduct an investigation, including a criminal background check by the Department of Justice, of all persons identified by the applicant for registration as persons who would be engaged in home deliveries  , and to be satisfied that such persons do not pose a criminal risk in connection with home deliveries   with access to the home  and  determines  that the  employer   applicant  has not previously violated these provisions before registering or renewing the registration of an entity. The bill would require the Labor Commissioner to adopt regulations to implement these registration requirements, including the determination of fees that applicants for registration must pay to defray the costs of administering the registration program. 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. Article 1 (commencing with Section 1250) is added to Chapter 2 of Part 4 of Division 2 of the Labor Code, to read: Article 1. Home Delivery Employees 1250. (a) Any individual, association, corporation, or other entity that  employs or  uses, either directly or indirectly through third persons, a person or persons  as an independent contractor or contractors, within the meaning set forth in Section 2750.5,  for purposes of home deliveries  , where the delivery person has access to the home,  shall register annually with the Labor Commissioner pursuant to this section. (b) The Labor Commissioner shall not register or renew the registration of an applicant for registration unless the Labor Commissioner  , following   completes  an investigation thereof, including a criminal background check by the California Department of Justice of all persons identified by the applicant as persons who would be engaged in home deliveries  , is satisfied that such persons do not pose a criminal risk in connection with home deliveries and   and would have access to the home, and determines that  the  employer   applicant  has not previously violated this article. (c) (1) The Labor Commissioner shall adopt regulations to implement the registration requirements of this article. (2) Each application for initial registration shall be accompanied by a fee determined by the Labor Commissioner by regulation in an amount sufficient in the aggregate to defray the division's costs of administering the registration program.