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AB-1700 Nonmedical marijuana and medical cannabis: license application: Cal OSHA training.(2017-2018)

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Date Published: 04/07/2017 04:00 AM
AB1700:v97#DOCUMENT

Amended  IN  Assembly  April 06, 2017
Amended  IN  Assembly  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1700


Introduced by Assembly Member Thurmond Cooper

February 28, 2017


An act to add Section 2066.5 to the Labor Code, relating to car washes. An act to amend Section 19322 of the Business and Professions Code, relating to marijuana.


LEGISLATIVE COUNSEL'S DIGEST


AB 1700, as amended, Thurmond Cooper. Car washes. Nonmedical marijuana and medical cannabis: license application: Cal OSHA training.
The Medical Cannabis Regulation and Safety Act (MCRSA) provides for the licensure and regulation of commercial medical cannabis activity by various state entities. The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, provides for the licensure and regulation of commercial adult marijuana activities by various state agencies. AUMA generally requires those state licensing authorities to begin issuing licenses by January 1, 2018.
MCRSA requires an applicant for a state license under MCRSA to provide to the licensing authority specified information, including a statement, signed by the applicant under penalty of perjury, that the information provided is complete, true, and accurate. AUMA generally requires an applicant for a state license under AUMA to provide to the licensing authority the same information that an applicant would provide for a state license under MCRSA described above, except as provided.
This bill would require an applicant for a state license under MCRSA or AUMA that does not have a specified collective bargaining agreement to provide a statement that the applicant employs, or will employ within one year of receiving a license, an employee who has successfully completed an OSHA 30-hour general industry course. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature.
The bill would declare that its provisions further specified purposes and intent of AUMA.

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 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 a car wash 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: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 19322 of the Business and Professions Code is amended to read:

19322.
 (a) A person shall not submit an application for a state license issued by a licensing authority pursuant to this chapter unless that person has received a license, permit, or authorization from the local jurisdiction. An applicant for any type of state license issued pursuant to this chapter shall do all of the following:
(1) Electronically submit to the Department of Justice fingerprint images and related information required by the Department of Justice for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and arrests, arrests and information as to the existence and content of a record of state or federal convictions and arrests for which the Department of Justice establishes that the person is free on bail or on his or her own recognizance, pending trial or appeal.
(A) The Department of Justice shall provide a response to the licensing authority pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.
(B) The licensing authority shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for applicants.
(C) The Department of Justice shall charge the applicant a fee sufficient to cover the reasonable cost of processing the requests described in this paragraph.
(2) Provide documentation issued by the local jurisdiction in which the proposed business is operating certifying that the applicant is or will be in compliance with all local ordinances and regulations.
(3) Provide evidence of the legal right to occupy and use the proposed location. For an applicant seeking a cultivator, distributor, manufacturing, testing, transporter, or dispensary license, provide a statement from the owner of real property or their agent where the cultivation, distribution, manufacturing, testing, transport, or dispensing of commercial medical cannabis activities will occur, as proof to demonstrate the landowner has acknowledged and consented to permit cultivation, distribution, manufacturing, testing, transport, or dispensary activities to be conducted on the property by the tenant applicant.
(4) If the application is for a cultivator or a dispensary, provide evidence that the proposed location is located beyond at least a 600-foot radius from a school, as required by Section 11362.768 of the Health and Safety Code.
(5) Provide a statement, signed by the applicant under penalty of perjury, that the information provided is complete, true, and accurate.
(6) (A) For an applicant with 20 or more employees, provide a statement that the applicant will enter into, or demonstrate that it has already entered into, and abide by the terms of a labor peace agreement.
(B) For the purposes of this paragraph, “employee” does not include a supervisor.
(C) For purposes of this paragraph, “supervisor” means an individual having the authority, in the interest of the licensee, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, employees or the responsibility to direct them or to them, adjust their grievances, or effectively to recommend such action, action if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, nature but requires the use of independent judgment.
(7) Provide the applicant’s valid seller’s permit number issued pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code or indicate that the applicant is currently applying for a seller’s permit.
(8) Provide any other information required by the licensing authority.
(9) For an applicant seeking a cultivation license, provide a statement declaring the applicant is an “agricultural employer,” as defined in the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code), to the extent not prohibited by law.
(10) Pay all applicable fees required for licensure by the licensing authority.
(11) Provide proof of a bond to cover the costs of destruction of medical cannabis or medical cannabis products if necessitated by a violation of licensing requirements.
(12) (A) If the applicant does not have a valid collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of employment, provide a statement that the applicant employs, or will employ within one year of receiving a license, an employee who has successfully completed an OSHA 30-hour general industry course based on the federal OSHA regulations (29 C.F.R. 1910.1 et seq.), as those provisions read on January 1, 2017.
(B) For purposes of this paragraph, “employee” has the same meaning as provided in subparagraph (B) of paragraph (6).
(b) For applicants seeking licensure to cultivate, distribute, manufacture, test, or dispense medical cannabis or medical cannabis products, the application shall also include a detailed description of the applicant’s operating procedures for all of the following, as required by the licensing authority:
(1) Cultivation.
(2) Extraction and infusion methods.
(3) The transportation process.
(4) Inventory procedures.
(5) Quality control procedures.
(6) Security protocols.

SEC. 2.

  No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 3.

 The Legislature finds and declares that Section 1 of this act, amending Section 26056 of the Business and Professions Code by amending cross-referenced Section 19322 of the Business and Professions Code, furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act because it enacts protections for employees of licensees that are in addition to the protections provided for in the Control, Regulate and Tax Adult Use of Marijuana Act.
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.