California 2009-2010 Regular Session Status: Enacted

AB 395 — Employment: apprenticeship programs.

Last action — Chaptered by Secretary of State - Chapter 438, Statutes of 2009.

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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 23, 2009. 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 8 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

Under existing law, the Director of Industrial Relations is the Administrator of Apprenticeship and is authorized to appoint assistants necessary to effectuate the purposes of state law governing apprenticeships. Existing law requires, with certain exceptions, that all workers employed on public works be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed and establishes prevailing wage requirements with regard to holiday and overtime work. Existing law requires that every apprentice employed on public works projects be paid the prevailing rate of per diem wages for apprentices in the trade for which he or she is registered and that employers who employ apprentices on public works projects comply with other specified provisions. Existing law exempts certain public works projects from the prevailing wage requirements applicable to workers if the awarding body contracting for public work initiates and enforces a labor compliance program that meets specific statutory and regulatory requirements and ensures compliance with prevailing rate wage laws. Existing law requires that all labor compliance programs obtain the approval of the director. This bill would provide that an awarding body that implements an approved labor compliance program may, upon mutual agreement with the Chief of the Division of Apprenticeship Standards and at his or her discretion, assist the director in the enforcement of prevailing rate wage laws and other requirements that apply to apprenticeships in public works projects through the operation of that approved labor compliance program under terms and conditions prescribed by the Chief of the Division of Apprenticeship Standards. The bill would allow a contractor to appeal the result of a labor compliance program enforcement action related to apprenticeships in public works projects through specified procedures. The bill would provide that, if the involvement of the Chief of the Division of Apprenticeship Standards in a labor compliance program enforcement action is limited to a review of an assessment and the matter is resolved without litigation, the awarding body that has implemented the labor compliance program shall enforce any applicable penalties and shall deposit any penalties and forfeitures collected in its general fund.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 438, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 1 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 54. Noes 21. Page 3224.)

  5. Assembly Rule 77 suspended. (Ayes 50. Noes 26. Page 3191.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 26. Noes 13. Page 2202.)

  8. Read second time. To third reading.

  9. (received by desk August 28, 2009 pursuant to JR61(a)(11))

  10. From committee: Do pass. (Ayes 9. Noes 4.) (August 27).

  11. In committee: Placed on Appropriations suspense file.

  12. In committee: Hearing postponed by committee.

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

  14. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 1.) (June 25).

  15. In committee: Hearing postponed by committee.

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

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

  18. Read third time, passed, and to Senate. (Ayes 51. Noes 28. Page 1878.)

  19. Read second time. To third reading.

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

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

  22. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 1.) (April 1).

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

  24. From printer. May be heard in committee March 26.

  25. Read first time. To print.

Sponsors

  • Fuentes · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Fuentes

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 395 FUENTES Concurrence in Senate Amendments

Passed 64 Yea · 22 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 602005
Democratic 3000
Republican 1200
Total 642205
% of votes cast 70%24%0%5%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Feuer — Yea
Fuentes — Yea
Charles — Yea
Furutani — Yea
Galgiani — Yea
Hall — Yea
Hayashi — Yea
Hill — 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
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Cook — Nay
Coto — Yea
Davis — Yea
Huber — Yea
Huffman — Yea
Krekorian — Yea
Fletcher — Nay
Anderson — Nay
Beall — Yea
DeVore — Nay
Lieu — Yea
Monning — Yea
Nava — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Audra — Nay
Tom — Not Voting
Garrick — Nay
Hagman — Nay
Duvall — Not Voting
Knight — Nay
Mendoza — Not Voting
Miller — Nay
Silva — Nay
Villines — Nay
Adams — Nay
Ammiano — Yea
Bass — Yea
Blakeslee — Nay
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hernandez — Yea
Jeffries — Nay
Logue — Nay
Ma — Yea
Nestande — Yea
Ruskin — Yea
Smyth — Nay
Solorio — Yea
Torres — Yea
Tran — Nay
Emmerson — Not Voting
Eng — Yea
Evans — Yea
Yamada — Yea
Fuller — Nay
Gilmore — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Not Voting
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 AB395 Fuentes By Ducheny

Passed 27 Yea · 13 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 251201
Democratic 2000
Republican 0100
Total 271301
% of votes cast 66%32%0%2%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Harman — Nay
Hollingsworth — Nay
Cogdill — Nay
Huff — Nay
Kehoe — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Liu — Yea
McLeod — Yea
Runner — Nay
Ashburn — Nay
Benoit — Nay
Ducheny — Yea
Dutton — Nay
Price — Yea
Romero — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Oropeza — Not Voting
Aanestad — Nay
Alquist — Yea
Maldonado — Yea
Pavley — Yea
Simitian — Yea
Walters — Nay
Cedillo — Yea
Wyland — Yea
Corbett — Yea
Correa — Yea
Cox — Nay
DeSaulnier — Yea
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 · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9400
Total 9400
% of votes cast 69%31%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Yea
Runner — Nay
Hancock — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Price — Yea
Corbett — Yea
Cox — Nay
Walters — Nay
Wolk — Yea
Denham — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Runner — Yea
Hancock — Yea
Kehoe — Yea
Corbett — Yea
Oropeza — Not Voting
Walters — Yea
Wolk — Yea
Leno — Yea
Price — Yea
Wyland — Yea
Cox — Yea
Denham — Yea

Official roll call →

AB 395 FUENTES Assembly Third Reading

Passed 60 Yea · 31 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 542901
Democratic 5000
Republican 1200
Total 603101
% of votes cast 65%34%0%1%
How each member voted (92)
Member Party Vote
Carter — Yea
Chesbro — Yea
Feuer — Yea
Fuentes — Yea
Charles — Yea
Furutani — Yea
Galgiani — Yea
Hall — Yea
Hayashi — Yea
De — Yea
Yamada — Yea
Bonnie — 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
Berryhill — Nay
Tom — Nay
Berryhill — Nay
Gilmore — Nay
Fletcher — Nay
Gaines — Nay
Audra — Nay
Hagman — Nay
Harkey — Nay
Huber — Yea
Bass — Yea
DeVore — Nay
Duvall — Nay
Knight — Nay
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Nava — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Nay
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Blumenfield — Yea
Coto — Yea
Davis — Yea
Hernandez — Yea
Adams — Nay
Ammiano — Yea
Anderson — Nay
Beall — Yea
Blakeslee — Nay
Block — Not Voting
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Jeffries — Nay
Logue — Nay
Ma — Yea
Nielsen — Nay
Smyth — Nay
Torlakson — Yea
Tran — Nay
Emmerson — Nay
Eng — Yea
Evans — Yea
Fuller — Nay
Garrick — Nay
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 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
Fuentes — Yea
Audra — Nay
Hall — Yea
Harkey — Nay
Ammiano — Yea
Duvall — Nay
Krekorian — Yea
Miller — Nay
Nielsen — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Price — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

labor education
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Frequently asked questions

What does AB 395 do?
Under existing law, the Director of Industrial Relations is the Administrator of Apprenticeship and is authorized to appoint assistants necessary to effectuate the purposes of state law governing apprenticeships. Existing law requires, with certain exceptions, that all workers employed on public works be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed and establishes prevailing wage requirements with regard to holiday and overtime work. Existing law requires that every apprentice employed on public works projects be paid the prevailing rate of per diem wages for apprentices in the trade for which he or she is registered and that employers who employ apprentices on public works projects comply with other specified provisions. Existing law exempts certain public works projects from the prevailing wage requirements applicable to workers if the awarding body contracting for public work initiates and enforces a labor compliance program that meets specific statutory and regulatory requirements and ensures compliance with prevailing rate wage laws. Existing law requires that all labor compliance programs obtain the approval of the director. This bill would provide that an awarding body that implements an approved labor compliance program may, upon mutual agreement with the Chief of the Division of Apprenticeship Standards and at his or her discretion, assist the director in the enforcement of prevailing rate wage laws and other requirements that apply to apprenticeships in public works projects through the operation of that approved labor compliance program under terms and conditions prescribed by the Chief of the Division of Apprenticeship Standards. The bill would allow a contractor to appeal the result of a labor compliance program enforcement action related to apprenticeships in public works projects through specified procedures. The bill would provide that, if the involvement of the Chief of the Division of Apprenticeship Standards in a labor compliance program enforcement action is limited to a review of an assessment and the matter is resolved without litigation, the awarding body that has implemented the labor compliance program shall enforce any applicable penalties and shall deposit any penalties and forfeitures collected in its general fund.
Who sponsors AB 395?
AB 395 is sponsored by Fuentes.
What is the current status of AB 395?
This bill has been enacted into law. Introduced February 23, 2009. Enacted.
Where can I track AB 395?
Track AB 395 free on One Click Politics — get push/email alerts when it moves.

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