California 2009-2010 Regular Session Status: Enacted

AB 2331 — Firefighters Procedural Bill of Rights Act.

Last action — Chaptered by Secretary of State - Chapter 465, Statutes of 2010.

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

This bill has been enacted into law. Introduced February 19, 2010. Enacted.

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 7 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

The Firefighters Procedural Bill of Rights Act provides a set of rights and procedural protections to specified firefighters. That act requires an administrative appeal instituted by a firefighter under the act to be conducted in conformance with rules and procedures adopted by the employing department or licensing or certifying agency that are in accordance with specified provisions of the Administrative Procedure Act. This bill would specify that notwithstanding that provision, if the employing department is subject to a memorandum of understanding that provides for binding arbitration of administrative appeals, the arbitrator or arbitration panel shall serve as the hearing officer in accordance with the Administrative Procedure Act and notwithstanding any other provision that hearing officer's decision shall be binding. The bill would specify, however, that a memorandum of understanding negotiated with an employing agency would not control the process for administrative appeals instituted with licensing or certifying agencies as those appeals shall be conducted in conformance with the rules and procedures adopted by the employing department or licensing or certifying agency that are in accordance with specified provisions of the Administrative Procedure Act.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 465, Statutes of 2010.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 6780.)

  5. Assembly Rule 77 suspended. (Page 6644.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 4842.)

  8. Read second time. To third reading.

  9. Read third time, amended. To second reading.

  10. Ordered to third reading.

  11. Action rescinded whereby the bill was read third time, passed, and to Assembly.

  12. In Senate. Held at Desk.

  13. Ordered returned to Senate.

  14. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 11 pursuant to Assembly Rule 77.

  15. Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 4412.)

  16. Ordered to Special Consent Calendar.

  17. Read second time and amended. Ordered to third reading.

  18. From committee: Amend, and do pass as amended. (Ayes 4. Noes 0.) (June 22).

  19. Re-referred to Com. on JUD.

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

  21. Re-referred to Com. on RLS.

  22. Withdrawn from committee.

  23. In committee: Set, first hearing. Hearing canceled at the request of author.

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

  25. Referred to Com. on L. GOV.

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

  27. Read third time, passed, and to Senate. (Ayes 74. Noes 0. Page 4943.)

  28. Read second time. To Consent Calendar.

  29. From committee: Do pass. To Consent Calendar. (April 21).

  30. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 0.) (April 7).

  31. Referred to Com. on L. GOV.

  32. Read first time.

  33. From printer. May be heard in committee March 23.

  34. Introduced. To print.

Sponsors

  • Skinner · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Skinner

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

Passed 89 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 83001
Democratic 3000
Republican 3000
Total 89001
% of votes cast 99%0%0%1%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Charles — Yea
Furutani — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Ammiano — Yea
Bass — Yea
Block — Yea
Hill — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Norby — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Gilmore — Not Voting
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Eng — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 32005
Democratic 2000
Republican 1000
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Ashburn — Yea
Florez — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Cogdill — Yea
Harman — Not Voting
Huff — Yea
Corbett — Yea
Correa — Not Voting
Ducheny — Yea
Dutton — Yea
Leno — Yea
Liu — Yea
Oropeza — Not Voting
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Blakeslee — Yea
Hollingsworth — Yea
Kehoe — Yea
McLeod — Yea
Pavley — Not Voting
Simitian — Yea
Wiggins — Not Voting
Emmerson — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 35 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Republican 1000
Democratic 1001
Total 35004
% of votes cast 90%0%0%10%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cedillo — Yea
Cogdill — Yea
Florez — Yea
Hollingsworth — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Corbett — Yea
Huff — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Alquist — Yea
Ashburn — Yea
Ducheny — Yea
Dutton — Yea
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Harman — Yea
Kehoe — Yea
Price — Yea
Simitian — Yea
Walters — Not Voting
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 4 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Total 4001
% of votes cast 80%0%0%20%
How each member voted (5)
Member Party Vote
Hancock — Yea
Harman — Yea
Leno — Yea
Walters — Not Voting
Corbett — Yea

Official roll call →

Passed 85 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 81004
Democratic 2001
Republican 2001
Total 85006
% of votes cast 93%0%0%7%
How each member voted (91)
Member Party Vote
Hagman — Yea
Eng — Yea
Evans — Yea
Carter — Yea
Feuer — Yea
Fuentes — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Fuller — Yea
Furutani — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Yea
Yamada — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Bonnie — Not Voting
Lowenthal — Not Voting
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Huber — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Bass — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Miller — Yea
Nielsen — Yea
Torlakson — Yea
Torrico — Not Voting
Emmerson — Yea
Coto — Yea
Davis — Yea
DeVore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17000
Democratic 1000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Conway — Yea
Coto — Yea
Charles — Yea
Hall — Yea
Davis — Yea
Harkey — Yea
Miller — Yea
Ammiano — Yea
Norby — Yea
Skinner — Yea
Torlakson — Yea
Torrico — Yea
Bradford — Yea
Nava — Yea
Nielsen — Yea
Solorio — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 2331 do?
The Firefighters Procedural Bill of Rights Act provides a set of rights and procedural protections to specified firefighters. That act requires an administrative appeal instituted by a firefighter under the act to be conducted in conformance with rules and procedures adopted by the employing department or licensing or certifying agency that are in accordance with specified provisions of the Administrative Procedure Act. This bill would specify that notwithstanding that provision, if the employing department is subject to a memorandum of understanding that provides for binding arbitration of administrative appeals, the arbitrator or arbitration panel shall serve as the hearing officer in accordance with the Administrative Procedure Act and notwithstanding any other provision that hearing officer's decision shall be binding. The bill would specify, however, that a memorandum of understanding negotiated with an employing agency would not control the process for administrative appeals instituted with licensing or certifying agencies as those appeals shall be conducted in conformance with the rules and procedures adopted by the employing department or licensing or certifying agency that are in accordance with specified provisions of the Administrative Procedure Act.
Who sponsors AB 2331?
AB 2331 is sponsored by Skinner.
What is the current status of AB 2331?
This bill has been enacted into law. Introduced February 19, 2010. Enacted.
Where can I track AB 2331?
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