California 2009-2010 Regular Session Status: To Executive

AB 1561 — Occupational safety and health: citation outcome analysis.

Last action — Consideration of Governor's veto stricken from file.

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

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the California Occupational Safety and Health Act of 1973, establishes enforcement procedures for the requirements related to safe and healthful working conditions for Californians. The Division of Occupational Safety and Health of the Department of Industrial Relations is charged with enforcing occupational health and safety laws, orders, and standards, including the investigation of alleged violations of those provisions.Existing law requires the division, when it decides that a place of employment, machine, device, apparatus, or equipment constitutes an imminent hazard to employees, to prohibit entry to the workplace or use of the machine, device, apparatus, or equipment.This bill would specify that a place of employment may be deemed dangerous because a particular machine, device, apparatus, or piece of equipment, as well as a condition or practice in a place of employment, constitutes an imminent hazard to employees. Existing law requires the Director of Industrial Relations to prepare and submit to the Legislature, not later than March 1, an annual report on the activities of the division, including, among other components, the total inspections made and citations issued; the number of civil penalties assessed, total amount of fines collected, and the number of appeals heard; and information contained in a specified report prepared by the Bureau of Investigations of the division. This bill would require the division to collaborate with the Occupational Safety and Health Appeals Board of the department to prepare an annual report analyzing the outcomes of citations and other notifications to employers appealed by those employers to the board by employers during the immediately prior calendar year. The division would be required to present the written report, not later than March 1 of each year, to the Speaker of the Assembly and the Chairperson of the Senate Committee on Rules for assignment to the appropriate committee or committees for evaluation.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 7 p.m.

  5. Senate amendments concurred in. To enrollment. (Ayes 49. Noes 29. Page 2998.)

  6. Assembly Rule 77 suspended. (Page 2970.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.

  8. Read third time, passed, and to Assembly. (Ayes 25. Noes 13. Page 2067.)

  9. Read second time. To third reading.

  10. From committee: Do pass. (Ayes 9. Noes 3.) (August 17).

  11. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 1.) (July 8).

  12. Re-referred to Com. on L. & I.R.

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  14. Referred to Com. on RLS.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time, passed, and to Senate. (Ayes 49. Noes 30. Page 1857.)

  17. Read second time. To third reading.

  18. From committee: Do pass. (Ayes 12. Noes 5.) (May 28).

  19. In committee: Set, first hearing. Referred to APPR. suspense file.

  20. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 2.) (April 22).

  21. Referred to Com. on L. & E.

  22. From printer. May be heard in committee April 11.

  23. Read first time. To print.

Sponsors

  • Committee on Labor and Employment · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Committee on Labor and Employment

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

AB 1561 L.& E. Concurrence in Senate Amendments By SWANSON

Passed 59 Yea · 31 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 552901
Democratic 3000
Republican 1200
Total 593101
% of votes cast 65%34%0%1%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Bill — Yea
Charles — Yea
Ammiano — Yea
Beall — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Cook — Nay
Davis — Not Voting
Duvall — Nay
Tom — Nay
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Fletcher — Nay
Audra — Nay
Galgiani — Yea
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Hayashi — Yea
Hill — Yea
Huber — Nay
Jeffries — Nay
Knight — Nay
Lieu — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Nava — Yea
Nestande — Nay
Ruskin — Yea
Silva — Nay
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Nay
Adams — Nay
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Monning — Yea
Nielsen — Nay
Solorio — Yea
Torres — Yea
Villines — Nay
Conway — Nay
De — Yea
La — Yea
Emmerson — Nay
Coto — Yea
Evans — Yea
DeVore — Nay
Fuller — Nay
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB1561 Committee on L. & E. (Monning) By Leno

Passed 26 Yea · 13 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 241202
Democratic 2000
Republican 0100
Total 261302
% of votes cast 63%32%0%5%
How each member voted (41)
Member Party Vote
Yee — Yea
Wyland — Yea
Cedillo — Yea
Cogdill — Nay
Hancock — Yea
Lowenthal — Yea
Negrete — Yea
Corbett — Yea
Huff — Nay
Leno — Yea
Liu — Yea
McLeod — Yea
Runner — Nay
Ducheny — Yea
Alquist — Yea
Benoit — Nay
Dutton — Nay
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Nay
Ashburn — Nay
Harman — Nay
Hollingsworth — Nay
Kehoe — Yea
Maldonado — Yea
Price — Yea
Walters — Nay
Correa — Yea
Cox — Nay
DeSaulnier — Not Voting
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 9 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9301
Total 9301
% of votes cast 69%23%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Yea
Hancock — Yea
Runner — Not Voting
Oropeza — Yea
Walters — Nay
Kehoe — Yea
Leno — Yea
Price — Yea
Wolk — Yea
Corbett — Yea
Cox — Nay
Denham — Nay

Official roll call →

AB 1561 L.& E. Assembly Third Reading By SWANSON

Passed 58 Yea · 33 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 543101
Democratic 3000
Republican 1200
Total 583301
% of votes cast 63%36%0%1%
How each member voted (92)
Member Party Vote
A. — Yea
Carter — Yea
Chesbro — Yea
Feuer — Yea
Coto — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Charles — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
Beall — Yea
Blumenfield — Yea
Hill — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Nava — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Bill — Nay
Tom — Nay
Fuller — Nay
Garrick — Nay
Fletcher — Nay
Audra — Nay
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Cook — Nay
Jeffries — Nay
Logue — Nay
Nestande — Nay
Adams — Nay
Anderson — Nay
Blakeslee — Nay
Duvall — Nay
Ruskin — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Nay
Villines — Nay
Ammiano — Yea
Bass — Yea
Block — Not Voting
Brownley — Yea
Buchanan — Yea
Huber — Nay
Huffman — Yea
Knight — Nay
Ma — Yea
Miller — Nay
Monning — Yea
Nielsen — Nay
Price — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Nay
Eng — Yea
Evans — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Democratic 1000
Republican 0100
Total 16600
% of votes cast 73%27%0%0%
How each member voted (22)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Fuentes — Yea
Hall — Yea
Miller — Nay
Duvall — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Harkey — Nay
Krekorian — Yea
Nielsen — Nay
Price — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does AB 1561 do?
Existing law, the California Occupational Safety and Health Act of 1973, establishes enforcement procedures for the requirements related to safe and healthful working conditions for Californians. The Division of Occupational Safety and Health of the Department of Industrial Relations is charged with enforcing occupational health and safety laws, orders, and standards, including the investigation of alleged violations of those provisions.Existing law requires the division, when it decides that a place of employment, machine, device, apparatus, or equipment constitutes an imminent hazard to employees, to prohibit entry to the workplace or use of the machine, device, apparatus, or equipment.This bill would specify that a place of employment may be deemed dangerous because a particular machine, device, apparatus, or piece of equipment, as well as a condition or practice in a place of employment, constitutes an imminent hazard to employees. Existing law requires the Director of Industrial Relations to prepare and submit to the Legislature, not later than March 1, an annual report on the activities of the division, including, among other components, the total inspections made and citations issued; the number of civil penalties assessed, total amount of fines collected, and the number of appeals heard; and information contained in a specified report prepared by the Bureau of Investigations of the division. This bill would require the division to collaborate with the Occupational Safety and Health Appeals Board of the department to prepare an annual report analyzing the outcomes of citations and other notifications to employers appealed by those employers to the board by employers during the immediately prior calendar year. The division would be required to present the written report, not later than March 1 of each year, to the Speaker of the Assembly and the Chairperson of the Senate Committee on Rules for assignment to the appropriate committee or committees for evaluation.
Who sponsors AB 1561?
AB 1561 is sponsored by Committee on Labor and Employment.
What is the current status of AB 1561?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1561?
Track AB 1561 free on One Click Politics — get push/email alerts when it moves.

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