California 2009-2010 Regular Session Status: To Executive

AB 1563 — Employment: contracts or agreements for labor or services.

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 prohibits a person or entity from entering into a contract or agreement for labor or services with a construction, farm labor, garment, janitorial, or security guard contractor where the person or entity knows or should know that the contract or agreement does not include funds sufficient to allow the contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. The Division of Labor Standards Enforcement, within the Department of Industrial Relations, is charged with the responsibility of enforcing minimum labor standards under state law. The division's Bureau of Field Enforcement is responsible for investigating and enforcing statutes relating to the above targeted areas. The Economic and Employment Enforcement Coalition, composed of the division and other state and federal agencies, combines and coordinates investigative and enforcement efforts of the various agencies targeting the underground economy. This bill would provide that in an investigation by the Economic and Employment Enforcement Coalition or the Bureau of Field Enforcement involving a labor contractor employing 15 or more workers in any of these 5 targeted areas, if the Division of Labor Standards Enforcement has a reasonable suspicion that a violation of potential financial significance, as defined, has been committed or cited by the division, the division must obtain the relevant terms of the contract from the contractor and make a written record thereof, as well as a record of whether there is a likelihood that the applicable contract violates those provisions requiring adequate funding. The bill also would require the division to make a record of its reasons supporting its decision to either file or not file a legal action.

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 3:30 p.m.

  5. Senate amendments concurred in. To enrollment. (Ayes 51. Noes 28. Page 3085.)

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

  7. Read third time, passed, and to Assembly. (Ayes 23. Noes 15. Page 2067.)

  8. Read second time. To third reading.

  9. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

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

  11. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 2.) (July 8).

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

  13. In committee: Hearing postponed by committee.

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

  15. Referred to Com. on L. & I.R.

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

  17. Read third time, passed, and to Senate. (Ayes 48. Noes 29. Page 1546.)

  18. Read second time. To third reading.

  19. From committee: Do pass. (Ayes 11. Noes 5.) (May 6).

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

  21. Re-referred to Com. on L. & E.

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

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

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

  25. 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 1563 L.& E. Concurrence in Senate Amendments By MONNING

Passed 60 Yea · 31 Nay
Party YeaNayPresentNot Voting
Unaffiliated 562900
Democratic 3000
Republican 1200
Total 603100
% of votes cast 66%34%0%0%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Evans — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Charles — Yea
Huber — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Beall — Yea
Block — Yea
Coto — Yea
Duvall — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Nay
Bill — Nay
Tom — Nay
Fuller — Nay
Gilmore — Nay
Fletcher — Nay
Audra — Nay
Hagman — Nay
Huffman — Yea
Anderson — Nay
Bass — Yea
Jeffries — Nay
Knight — Nay
Krekorian — Yea
Lieu — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Nay
Smyth — Nay
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Nay
Villines — Nay
Adams — Nay
Ammiano — Yea
Blakeslee — Nay
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hill — Yea
Ma — Yea
Miller — Nay
Nestande — Nay
Nielsen — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Emmerson — Nay
Eng — Yea
Feuer — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Garrick — Nay
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 →

Assembly 3rd Reading AB1563 Committee on L. & E. (Monning) By Padilla

Passed 24 Yea · 15 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 221402
Democratic 2000
Republican 0100
Total 241502
% of votes cast 59%37%0%5%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Ducheny — Yea
Alquist — Yea
Wyland — Nay
Lowenthal — Yea
Negrete — Yea
Runner — Nay
Harman — Nay
Hollingsworth — Nay
Huff — Nay
Kehoe — Yea
Dutton — Nay
Leno — Yea
Liu — Yea
McLeod — Yea
Ashburn — Nay
Benoit — Nay
Oropeza — Not Voting
Price — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Nay
Maldonado — Nay
Pavley — Yea
Romero — Yea
Walters — Nay
Wright — Yea
Cogdill — Nay
Corbett — Yea
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 →

AB 1563 L.& E. Assembly Third Reading By SWANSON

Passed 57 Yea · 32 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 513003
Democratic 5000
Republican 1200
Total 573203
% of votes cast 62%35%0%3%
How each member voted (92)
Member Party Vote
Hagman — Nay
La — Yea
Carter — Yea
Chesbro — Yea
Charles — Yea
De — Yea
Ammiano — Yea
Beall — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Cook — Nay
Duvall — Nay
Bill — Nay
Berryhill — Nay
Tom — Nay
Berryhill — Nay
Evans — Yea
Feuer — Yea
Fuller — Nay
Furutani — Yea
Fletcher — Nay
Gaines — Nay
Audra — Nay
Saldana — Not Voting
Garrick — Nay
Bass — Yea
Blakeslee — Nay
Gilmore — Nay
Hall — Yea
Harkey — Nay
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Nay
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Nava — Yea
Price — Not Voting
Ruskin — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Nay
Villines — Nay
Adams — Nay
Anderson — Nay
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Nestande — Nay
Nielsen — Nay
Skinner — Yea
Swanson — Yea
Torrico — Yea
Conway — Nay
Emmerson — Nay
Coto — Yea
Eng — Not Voting
Davis — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 15 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14500
Democratic 1000
Republican 0100
Total 15600
% of votes cast 71%29%0%0%
How each member voted (21)
Member Party Vote
Davis — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Duvall — Nay
Hall — Yea
Harkey — Nay
Miller — Nay
Price — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Nielsen — Nay
Skinner — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

labor
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Frequently asked questions

What does AB 1563 do?
Existing law prohibits a person or entity from entering into a contract or agreement for labor or services with a construction, farm labor, garment, janitorial, or security guard contractor where the person or entity knows or should know that the contract or agreement does not include funds sufficient to allow the contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. The Division of Labor Standards Enforcement, within the Department of Industrial Relations, is charged with the responsibility of enforcing minimum labor standards under state law. The division's Bureau of Field Enforcement is responsible for investigating and enforcing statutes relating to the above targeted areas. The Economic and Employment Enforcement Coalition, composed of the division and other state and federal agencies, combines and coordinates investigative and enforcement efforts of the various agencies targeting the underground economy. This bill would provide that in an investigation by the Economic and Employment Enforcement Coalition or the Bureau of Field Enforcement involving a labor contractor employing 15 or more workers in any of these 5 targeted areas, if the Division of Labor Standards Enforcement has a reasonable suspicion that a violation of potential financial significance, as defined, has been committed or cited by the division, the division must obtain the relevant terms of the contract from the contractor and make a written record thereof, as well as a record of whether there is a likelihood that the applicable contract violates those provisions requiring adequate funding. The bill also would require the division to make a record of its reasons supporting its decision to either file or not file a legal action.
Who sponsors AB 1563?
AB 1563 is sponsored by Committee on Labor and Employment.
What is the current status of AB 1563?
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 1563?
Track AB 1563 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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