SB 1303

Bill Subjects

Abstract

Existing law provides that any corporation, limited liability company, or person who is aware that a product, facility, equipment, process, place of employment, or practice is a serious concealed danger and knowingly fails to take appropriate action, as specified, is guilty of a misdemeanor, or a felony, as provided, and is subject to a fine. Under existing law, if the defendant is a corporation or a limited liability company the maximum fine is $1,000,000. Existing law requires the corporation, limited liability company, or person to notify the Division of Occupational Safety and Health in the Department of Industrial Relations of the hazard, as specified. This bill would require a person or entity described above to additionally make that notification in writing to an appropriate government agency unless the agency has actual knowledge of the danger. The bill would require the person or entity to warn other potential victims about the danger, as specified. The bill would provide that the person or entity is guilty of the offense if they fail, instead of knowingly fail, to take appropriate action. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would increase the maximum fine for a corporation or limited liability company to $2,500,000. 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.