California 2009 2009-2010 Regular Session

California Senate Bill SB903 Amended / Bill

Filed 04/07/2010

 BILL NUMBER: SB 903AMENDED BILL TEXT AMENDED IN SENATE APRIL 7, 2010 INTRODUCED BY Senator Wright JANUARY 26, 2010 An act to add Section 200.5 to the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGEST SB 903, as amended, Wright. Penalty collections: limitations. Existing law provides that an action by the Division of Labor Standards Enforcement within the Department of Industrial Relations for collection of a statutory penalty or fee must be commenced within one year after the penalty or fee became final. This bill would extend the period within which the division may commence a collection action from one year to 3 years. 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 200.5 is added to the Labor Code, to read: 200.5. (a) Notwithstanding any provision of this code or Section 340 of the Code of Civil Procedure, to collect a civil penalty, fee, or penalty fee under this division, the Division of Labor Standards Enforcement shall commence an action within three years from the date the penalty  of   or  fee became final. (b) This section applies only to penalty assessments or fees  for which the three-year period prescribed in this section for the collection of a civil penalty, fee, or penalty fee has not expired as of   that became final on or after  the effective date of the act adding this section.