California 2009-2010 Regular Session Status: To Executive

SB 1304 — Employment: leave and benefits.

Last action — Chaptered by Secretary of State. Chapter 646, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 requires that employees of the state who have exhausted all available sick leave be permitted to take a leave of absence with pay, not exceeding 30 days for the purpose of organ donation and not exceeding 5 days for bone marrow donation, as prescribed. This bill would require private employers to permit employees to take similar paid leaves of absence for organ and bone marrow donation. The bill would require a private employer to restore an employee returning from leave for organ or bone marrow donation to the same position held by the employee when the leave began or an equivalent position. The bill would prohibit a private employer from interfering with an employee taking organ or bone marrow donation leave and from retaliating against an employee for taking that leave or opposing an unlawful employment practice related to organ or bone marrow donation leave. The bill would also create a private right of action for an aggrieved employee to seek enforcement of these provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 646, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 4 p.m.

  4. In Senate. To enrollment.

  5. Read third time. Passed. (Ayes 43. Noes 28. Page 6754.) To Senate.

  6. Read second time. To third reading.

  7. (Heard in committee on June 29.)

  8. From committee: Do pass. (Ayes 7. Noes 1.)

  9. (Heard in committee on June 23.)

  10. From committee: Do pass, but first be re-referred to Com. on JUD. (Ayes 4. Noes 0.) Re-referred to Com. on JUD.

  11. To Coms. on L. & E. and JUD.

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

  13. Read third time. Passed. (Ayes 22. Noes 13. Page 3733.) To Assembly.

  14. Read second time. To third reading.

  15. Read third time. Amended. To second reading.

  16. Read second time. To third reading.

  17. Placed on second reading file.

  18. Withdrawn from committee.

  19. Set for hearing May 3.

  20. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 3. Noes 1. Page 3305.) Re-referred to Com. on APPR.

  21. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  22. Re-referred to Com. on JUD.

  23. From committee: Do pass, but first be re-referred to Com. on RLS. (Ayes 4. Noes 2. Page 3306.) Re-referred to Com. on RLS.

  24. Set for hearing April 19.

  25. Set, first hearing. Testimony taken. Further hearing to be set.

  26. Set for hearing April 14.

  27. To Coms. on L. & I.R. and RLS.

  28. From print. May be acted upon on or after March 22.

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

Sponsors

  • DeSaulnier · Primary
  • Eng · Cosponsor
  • Furutani · Cosponsor
  • Liu · Cosponsor
  • Swanson · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 4 co-sponsors · 117 not signed on · 5 voted No

Sponsors (1)

  • DeSaulnier

Co-sponsors (4)

  • Eng
  • Furutani
  • Liu
  • Swanson

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"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 1304 DeSaulnier Senate Third Reading By ENG

Passed 50 Yea · 31 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 472809
Democratic 2100
Republican 1200
Total 503109
% of votes cast 56%34%0%10%
How each member voted (90)
Member Party Vote
Carter — Yea
Coto — Yea
Davis — Yea
Evans — Yea
Feuer — Yea
Furutani — Yea
Gatto — Yea
Charles — Yea
Hall — Yea
Huffman — Yea
Lieu — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Mendoza — Yea
Bass — Yea
Beall — Yea
Block — Yea
Monning — Yea
Ruskin — Yea
Skinner — Yea
Torlakson — Yea
Bill — Nay
Tom — Nay
Galgiani — Not Voting
Fletcher — Nay
Audra — Nay
Garrick — Nay
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Chesbro — Not Voting
Conway — Nay
Cook — Nay
Hagman — Nay
Hernandez — Not Voting
Hill — Nay
Jeffries — Nay
Knight — Nay
Miller — Nay
Nestande — Nay
Norby — Nay
Silva — Nay
Smyth — Nay
Tran — Not Voting
Villines — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hayashi — Yea
Huber — Nay
Logue — Nay
Ma — Yea
Nava — Yea
Nielsen — Nay
Solorio — Yea
Swanson — Yea
Torres — Not Voting
Torrico — Yea
Eng — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Yea
Fuller — Nay
Gilmore — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 7 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6102
Republican 1000
Total 7102
% of votes cast 70%10%0%20%
How each member voted (10)
Member Party Vote
Evans — Yea
Feuer — Yea
Hagman — Not Voting
Huffman — Yea
Saldana — Yea
Monning — Yea
Tran — Not Voting
Brownley — Yea
Knight — Nay
Jones, Brian W. Republican Yea

Official roll call →

Senate 3rd Reading SB1304 DeSaulnier

Passed 23 Yea · 13 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211203
Democratic 2000
Republican 0100
Total 231303
% of votes cast 59%33%0%8%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Lowenthal — Yea
Negrete — Yea
Cogdill — Nay
Harman — Nay
Runner — Nay
Ducheny — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Ashburn — Nay
Dutton — Nay
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Hollingsworth — Nay
Huff — Nay
Pavley — Yea
Wiggins — Not Voting
Wyland — Nay
Corbett — Yea
Correa — Not Voting
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1304 do?
Existing law requires that employees of the state who have exhausted all available sick leave be permitted to take a leave of absence with pay, not exceeding 30 days for the purpose of organ donation and not exceeding 5 days for bone marrow donation, as prescribed. This bill would require private employers to permit employees to take similar paid leaves of absence for organ and bone marrow donation. The bill would require a private employer to restore an employee returning from leave for organ or bone marrow donation to the same position held by the employee when the leave began or an equivalent position. The bill would prohibit a private employer from interfering with an employee taking organ or bone marrow donation leave and from retaliating against an employee for taking that leave or opposing an unlawful employment practice related to organ or bone marrow donation leave. The bill would also create a private right of action for an aggrieved employee to seek enforcement of these provisions.
Who sponsors SB 1304?
SB 1304 is sponsored by DeSaulnier, Eng, Furutani, Liu, and Swanson.
What is the current status of SB 1304?
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 SB 1304?
Track SB 1304 free on One Click Politics — get push/email alerts when it moves.

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