California 2023-2024 Regular Session Status: Enacted

SB 422 — Unemployment compensation: motion picture industry: loan-out companies.

Last action — Chaptered by Secretary of State. Chapter 1011, Statutes of 2024.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 13, 2023. Enacted.

Signed by Governor Gavin Newsom (Democratic) on September 30, 2024.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 11 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law establishes the Employment Development Department, administered by the Director of Employment Development who is vested with certain duties relating to unemployment compensation. Existing unemployment insurance law requires any employing unit that is a motion picture payroll services company, as defined, to be treated as an employer of a motion picture production worker, as defined, and to file a statement of intent with the Employment Development Department. Existing law makes specified violations of unemployment insurance law a misdemeanor. This bill would specify that a loan-out company is the employer of its employee-owners or members who are engaged to provide services to a motion picture production company or to an allied motion picture services company for purposes of remitting employment taxes and related obligations, as specified. The bill would prohibit a loan-out company or an individual whose services are provided by a loan-out company from being considered an employee of a motion picture payroll services company. The bill would require a motion picture payroll services company to file a quarterly report with the Director of Employment Development relating to payments made to a loan-out company, as specified. The bill would define "loan-out company" for these purposes. By expanding the scope of an existing crime, 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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 1011, Statutes of 2024.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Assembly amendments concurred in. (Ayes 38. Noes 0. Page 5797.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 76. Noes 0. Page 7114.) Ordered to the Senate.

  7. From committee: Do pass. (Ayes 14. Noes 0.) (August 30).

  8. Joint Rule 62(a) suspended.

  9. Re-referred to Com. on INS. pursuant to Assembly Rule 77.2.

  10. Read third time and amended.

  11. Assembly Rule 63 and 78 suspended.

  12. Ordered to third reading.

  13. From inactive file.

  14. Notice of intention to remove from inactive file given by Assembly Member Zbur.

  15. Ordered to inactive file on request of Assembly Member Garcia.

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 16. Noes 0.) (September 1).

  18. August 16 set for first hearing. Placed on suspense file.

  19. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (July 12). Re-referred to Com. on APPR.

  20. From committee: Do pass and re-refer to Com. on L. & E. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (June 26). Re-referred to Com. on L. & E.

  21. Referred to Coms. on NAT. RES. and L. & E.

  22. In Assembly. Read first time. Held at Desk.

  23. Read third time. Passed. (Ayes 38. Noes 0. Page 1275.) Ordered to the Assembly.

  24. Read second time. Ordered to third reading.

  25. From committee: Do pass. (Ayes 6. Noes 0. Page 1169.) (May 18).

  26. Set for hearing May 18.

  27. May 8 hearing: Placed on APPR suspense file.

  28. Set for hearing May 8.

  29. From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 897.) (April 26). Re-referred to Com. on APPR.

  30. Set for hearing April 26.

  31. From committee: Do pass and re-refer to Com. on L., P.E. & R. (Ayes 7. Noes 0. Page 794.) (April 19). Re-referred to Com. on L., P.E. & R.

  32. Set for hearing April 19.

  33. Re-referred to Coms. on E.Q. and L., P.E. & R.

  34. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  35. Referred to Com. on RLS.

  36. From printer. May be acted upon on or after March 16.

  37. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Portantino · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Portantino

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 422 Portantino Senate Third Reading By Zbur

Passed 76 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 44003
Republican 13000
Unaffiliated 19000
Total 76003
% of votes cast 96%0%0%4%
How each member voted (79)
Member Party Vote
Holden — Yea
Mathis — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Wood — Yea
Essayli — Yea
Waldron — Yea
Santiago — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Not Voting
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Not Voting
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Unfinished Business SB422 Portantino Concurrence

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Democratic 21001
Republican 7000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Wilk — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Do pass.

Passed 14 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 9001
Republican 3000
Unaffiliated 2000
Total 14001
% of votes cast 93%0%0%7%
How each member voted (15)
Member Party Vote
Jones-Sawyer — Yea
Wood — Yea
Alvarez, David Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Lowenthal, Josh Democratic Yea
Ortega, Liz Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Rubio, Blanca E. Democratic Yea
Valencia, Avelino Democratic Yea
Chen, Phillip Republican Yea
Patterson, Joe Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 10000
Republican 3000
Unaffiliated 3000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Holden — Yea
Mathis — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Hart, Gregg Democratic Yea
Lowenthal, Josh Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Soria, Esmeralda Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wilson, Lori D. Democratic Yea
Dahle, Megan Republican Yea
Dixon, Diane Republican Yea
Sanchez, Kate Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 5000
Republican 2000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
Ortega, Liz Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Ward, Christopher M. Democratic Yea
Chen, Phillip Republican Yea
Flora, Heath Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Labor and Employment] with recommendation: To Consent Calendar

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4000
Republican 2000
Democratic 5000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Wood — Yea
Friedman — Yea
Mathis — Yea
Luz Rivas — Yea
Addis, Dawn Democratic Yea
Muratsuchi, Al Democratic Yea
Pellerin, Gail Democratic Yea
Ward, Christopher M. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Flora, Heath Republican Yea
Hoover, Josh Republican Yea

Official roll call →

3rd Reading

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 22000
Republican 5002
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Not Voting

Official roll call →

Do pass, but first be re-referred to the Committee on [Labor, Public Employment and Retirement ]

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 5000
Republican 1000
Unaffiliated 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Skinner — Yea
Allen, Benjamin Democratic Yea
Gonzalez, Lena A. Democratic Yea
Limón, Monique Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does SB 422 do?
Existing law establishes the Employment Development Department, administered by the Director of Employment Development who is vested with certain duties relating to unemployment compensation. Existing unemployment insurance law requires any employing unit that is a motion picture payroll services company, as defined, to be treated as an employer of a motion picture production worker, as defined, and to file a statement of intent with the Employment Development Department. Existing law makes specified violations of unemployment insurance law a misdemeanor. This bill would specify that a loan-out company is the employer of its employee-owners or members who are engaged to provide services to a motion picture production company or to an allied motion picture services company for purposes of remitting employment taxes and related obligations, as specified. The bill would prohibit a loan-out company or an individual whose services are provided by a loan-out company from being considered an employee of a motion picture payroll services company. The bill would require a motion picture payroll services company to file a quarterly report with the Director of Employment Development relating to payments made to a loan-out company, as specified. The bill would define "loan-out company" for these purposes. By expanding the scope of an existing crime, 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.
Who sponsors SB 422?
SB 422 is sponsored by Portantino.
What is the current status of SB 422?
This bill has been enacted into law. Introduced February 13, 2023. Enacted.
Where can I track SB 422?
Track SB 422 free on One Click Politics — get push/email alerts when it moves.

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