California 2009-2010 Regular Session Status: To Executive

AB 2770 — Employee wages and working hours: violators.

Last action — Vetoed by Governor.

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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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 requires private employers to perform certain activities with regard to employee wages, hours, and working conditions. This bill would, until January 1, 2017, establish a pilot program to investigate employment and payment practices within the swimming pool and spa construction industry. The bill would require the Employment Development Department, in consultation with the Franchise Tax Board, the Department of Justice, the Department of Insurance, the Labor and Workforce Development Agency, and industry representatives, to develop and implement a set of criteria that, if met by an employer, would trigger a recommendation for an audit or investigation by appropriate state tax authorities to determine if the employer is in violation of statutes relating to employee wages, hours, and working conditions. After July 1, 2011, this bill would require the Employment Development Department to take specified actions with respect to an employer when application of the set of criteria indicates that a violation of the statutes described above may have occurred. This bill also would state findings and declarations relating to the underground economy and the swimming pool and spa construction industry.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 5 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 59. Noes 12. Page 6876.)

  4. In Assembly. Concurrence in Senate amendments pending.

  5. Read third time, passed, and to Assembly. (Ayes 24. Noes 3. Page 4865.)

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

  7. From committee: Amend, and do pass as amended. (Ayes 7. Noes 4.) (August 12).

  8. In committee: Placed on APPR suspense file.

  9. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 1.) (June 23).

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

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

  12. Read third time, passed, and to Senate. (Ayes 58. Noes 17. Page 5415.)

  13. Read second time. To third reading.

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

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

  16. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 0.) (April 21).

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

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

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

  20. From printer. May be heard in committee April 1.

  21. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 3 voted No

Sponsors (1)

  • Monning

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 2770 Monning Concurrence in Senate Amendments

Passed 69 Yea · 13 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 651108
Democratic 3000
Republican 1200
Total 691308
% of votes cast 77%14%0%9%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Coto — Yea
Davis — Yea
Evans — Yea
Bill — Yea
Fuentes — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bass — Yea
Beall — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Not Voting
Audra — Nay
Tom — Not Voting
Fuller — Not Voting
Galgiani — Yea
Gilmore — Yea
Hagman — Nay
Cook — Not Voting
Hall — Yea
Harkey — Nay
Hayashi — Yea
Hill — Yea
Anderson — Nay
DeVore — Nay
Huber — Yea
Jeffries — Nay
Knight — Not Voting
Lieu — Yea
Logue — Nay
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Nay
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Nay
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Ruskin — Yea
Smyth — Not Voting
Torlakson — Yea
Tran — Nay
Eng — Yea
Feuer — Yea
Furutani — Yea
Garrick — Not Voting
Gatto — Yea
Beth Gaines — Yea
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 AB2770 Monning By DeSaulnier

Passed 25 Yea · 3 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 242011
Democratic 1001
Republican 0100
Total 253012
% of votes cast 63%8%0%30%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Not Voting
Florez — Yea
Cogdill — Yea
Harman — Not Voting
Huff — Not Voting
Negrete — Yea
Runner — Yea
Leno — Not Voting
Ducheny — Yea
Liu — Yea
McLeod — Yea
Lowenthal — Not Voting
Dutton — Not Voting
Pavley — Yea
Alquist — Not Voting
Ashburn — Yea
Blakeslee — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Wolk — Yea
Wright — Yea
Aanestad — Not Voting
Hollingsworth — Not Voting
Kehoe — Yea
Oropeza — Not Voting
Steinberg — Yea
Walters — Nay
Wiggins — Not Voting
Wyland — Yea
Corbett — Yea
Emmerson — Yea
Correa — Nay
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 7 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7400
Total 7400
% of votes cast 64%36%0%0%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Nay
Corbett — Yea
Wolk — Yea
Alquist — Yea
Ashburn — Nay
Kehoe — Yea
Leno — Yea
Price — Yea
Walters — Nay
Emmerson — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Yea
Corbett — Yea
Ashburn — Yea
Leno — Yea
Walters — Not Voting
Alquist — Yea
Kehoe — Yea
Price — Yea
Wolk — Yea
Emmerson — Yea

Official roll call →

AB 2770 MONNING Assembly Third Reading

Passed 68 Yea · 17 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 641605
Democratic 3000
Republican 1101
Total 681706
% of votes cast 75%19%0%7%
How each member voted (91)
Member Party Vote
Hagman — Nay
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Coto — Yea
Bill — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Gilmore — Yea
Hayashi — Yea
Charles — Yea
Hernandez — Yea
Hill — Yea
Huber — Yea
Lieu — Yea
Ma — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Beall — Yea
Blakeslee — Yea
Davis — Yea
Mendoza — Yea
Nava — Yea
Nestande — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Tom — Not Voting
Audra — Not Voting
Fuller — Nay
Harkey — Nay
Jeffries — Nay
Anderson — Nay
Knight — Nay
Miller — Nay
Norby — Nay
Silva — Nay
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Nay
Villines — Yea
Adams — Nay
Ammiano — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huffman — Yea
Logue — Nay
Monning — Yea
Nielsen — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torres — Yea
Cook — Not Voting
Emmerson — Not Voting
Eng — Yea
Evans — Yea
DeVore — Nay
Yamada — Yea
Furutani — Yea
Garrick — Nay
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 Not Voting

Official roll call →

Do pass.

Passed 13 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12500
Democratic 1000
Total 13500
% of votes cast 72%28%0%0%
How each member voted (18)
Member Party Vote
Charles — Yea
Miller — Nay
Bradford — Yea
Monning — Yea
Norby — Nay
Ruskin — Yea
Solorio — Yea
Torrico — Yea
Ammiano — Yea
Harkey — Nay
Nielsen — Nay
Skinner — Yea
Torlakson — Yea
Conway — Nay
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

labor
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Frequently asked questions

What does AB 2770 do?
Existing law requires private employers to perform certain activities with regard to employee wages, hours, and working conditions. This bill would, until January 1, 2017, establish a pilot program to investigate employment and payment practices within the swimming pool and spa construction industry. The bill would require the Employment Development Department, in consultation with the Franchise Tax Board, the Department of Justice, the Department of Insurance, the Labor and Workforce Development Agency, and industry representatives, to develop and implement a set of criteria that, if met by an employer, would trigger a recommendation for an audit or investigation by appropriate state tax authorities to determine if the employer is in violation of statutes relating to employee wages, hours, and working conditions. After July 1, 2011, this bill would require the Employment Development Department to take specified actions with respect to an employer when application of the set of criteria indicates that a violation of the statutes described above may have occurred. This bill also would state findings and declarations relating to the underground economy and the swimming pool and spa construction industry.
Who sponsors AB 2770?
AB 2770 is sponsored by Monning and Bill Berryhill.
What is the current status of AB 2770?
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 2770?
Track AB 2770 free on One Click Politics — get push/email alerts when it moves.

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