California 2011-2012 Regular Session Status: Enacted

AB 1398 — Employment of minors: agricultural packing plants.

Last action — Chaptered by Secretary of State - Chapter 489, Statutes of 2011.

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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 28, 2011. 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

Existing law prescribes limits on the hours of employment of minors, but authorizes the Labor Commissioner to grant an exemption to employers operating agricultural packing plants for the employment of minors 16 and 17 years of age for up to 10 hours on days when school is not in session, during the peak harvest season. Existing law provides an exception to those provisions relating to Lake County by limiting the employer exemption that may be issued by the Labor Commissioner to the employment of minors, 16 or 17 years of age, who reside in Lake County, and only on days when school is not in session, for up to 10 hours a day, as well as for more than 48 hours but not more than 60 hours in a week, upon prior written approval of the Lake County Office of Education. Existing law also requires the Labor Commissioner, prior to issuing the Lake County exemption or renewing an exemption, to inspect an affected agricultural packing plant, and to file a written report with the Legislature on or before March 1 of each year describing the general working conditions of minors employed in the agricultural packing industry during the past year, as specified. Existing law further requires an affected employer, on or before March 1 of each year, as a condition of receiving that exemption or a renewal of that exemption, to file a written report to the Labor Commissioner, as specified. These provisions are set to expire on January 1, 2012. This bill would extend the operation of the exceptions pertaining to the employment of minors in Lake County until January 1, 2017. This bill would also change the written reporting requirements of affected employers to require a written report regarding payroll to be filed annually on or before October 1. This bill would also change the requirements for the Labor Commission to issue instead of an annual report, a single written report on the working conditions of minors employed in the agricultural packing industry, which would be filed by November 1, 2016, and cover the previous 512 year period from March 1, 2011, to October 1, 2016.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 489, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3140.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2386.).

  7. Read second time. Ordered to third reading.

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

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

  10. In Senate. Held at Desk.

  11. Action rescinded whereby the Assembly concurred in Senate amendments and whereby the bill was ordered to enrollment. Ordered returned to Senate.

  12. Withdrawn from Engrossing and Enrolling.

  13. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 2445.).

  14. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 17 pursuant to Assembly Rule 77.

  15. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 1915.).

  16. Ordered to special consent calendar.

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

  18. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 8). Re-referred to Com. on APPR.

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

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

  22. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1565.)

  23. Read second time. Ordered to consent calendar.

  24. From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (May 18).

  25. Measure version as amended on March 31 corrected.

  26. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 6. Noes 0.) (May 4). Re-referred to Com. on APPR.

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

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

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

  30. From printer. May be heard in committee March 31.

  31. Read first time. To print.

Sponsors

  • Chesbro · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Chesbro

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 1398 JUD. Concurrence in Senate Amendments By FEUER

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 75002
Republican 2000
Democratic 1000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Butler — Yea
Carter — Yea
John A. Pérez — Yea
Mitchell — Yea
Feuer — Yea
Furutani — Yea
Atkins — Yea
Galgiani — Yea
Campos — Yea
Gatto — Yea
Gordon — Yea
Hagman — Yea
Cedillo — Yea
Portantino — Yea
Halderman — Yea
Hall — Yea
Chesbro — Yea
Allen — Yea
Hayashi — Yea
Hill — Yea
Bonilla — Yea
Hueso — Yea
Fong — Yea
Fletcher — Yea
Conway — Yea
Huffman — Yea
Ammiano — Yea
Beall — Yea
Cook — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Yea
Knight — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Olsen — Yea
Perea — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torres — Yea
Valadao — Yea
Wieckowski — Yea
Williams — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Monning — Yea
Nielsen — Not Voting
Pan — Yea
Skinner — Yea
Swanson — Yea
Wagner — Yea
Eng — Yea
Yamada — Yea
Fuentes — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB1398 Chesbro By DeSaulnier

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 2000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Cannella — Not Voting
Fuller — Yea
Runner — Yea
Lowenthal — Yea
Corbett — Yea
De León — Yea
Negrete McLeod — Yea
Hancock — Yea
Rubio — Yea
Harman — Yea
Dutton — Yea
Hernandez — Yea
Anderson — Yea
Blakeslee — Yea
Huff — Yea
Leno — Yea
Lieu — Yea
Pavley — Yea
Simitian — Not Voting
Steinberg — Yea
Walters — Yea
Wolk — Yea
Alquist — Yea
Kehoe — Yea
Liu — Yea
Price — Yea
Vargas — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1398 CHESBRO Concurrence in Senate Amendments

Passed 75 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 72005
Republican 2000
Democratic 1000
Total 75005
% of votes cast 94%0%0%6%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Yea
Feuer — Yea
Butler — Yea
Huber — Yea
Fong — Yea
Carter — Yea
Logue — Yea
Allen — Yea
Cedillo — Yea
Cook — Yea
Olsen — Yea
Swanson — Yea
Williams — Yea
Fuentes — Yea
Furutani — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Yea
Fletcher — Yea
Gatto — Yea
Gorell — Not Voting
Atkins — Yea
Halderman — Yea
Hall — Yea
Bonilla — Not Voting
Chesbro — Yea
Hayashi — Yea
Hueso — Yea
Ammiano — Yea
Block — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Yea
Jeffries — Yea
Lara — Yea
Ma — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Pan — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Valadao — Not Voting
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Not Voting
Huffman — Yea
Knight — Yea
Mansoor — Yea
Mendoza — Yea
Morrell — Yea
Norby — Yea
Perea — Yea
Skinner — Yea
Torres — Not Voting
Wagner — Yea
Conway — Yea
Eng — Yea
Galgiani — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Special Consent #7

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 2000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Wyland — Yea
Hancock — Yea
Harman — Yea
Hernandez — Yea
Lowenthal — Yea
De León — Yea
Blakeslee — Yea
Kehoe — Yea
Lieu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Wright — Yea
Yee — Yea
Negrete McLeod — Yea
Rubio — Yea
Cannella — Yea
Fuller — Yea
Runner — Not Voting
Corbett — Yea
Alquist — Yea
Correa — Yea
Dutton — Yea
Pavley — Yea
Anderson — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Vargas — Yea
Walters — Yea
Emmerson — Yea
Evans — Not Voting
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1398 CHESBRO Consent Calendar Second Day

Passed 75 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 73004
Republican 1001
Democratic 1000
Total 75005
% of votes cast 94%0%0%6%
How each member voted (80)
Member Party Vote
Halderman — Yea
Eng — Yea
Fuentes — Yea
Furutani — Yea
Garrick — Yea
Gatto — Yea
Butler — Yea
Hagman — Yea
Harkey — Yea
Hill — Yea
Fong — Yea
Carter — Yea
Allen — Yea
Huber — Yea
Hueso — Yea
Huffman — Yea
Conway — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Alejo — Yea
Ammiano — Yea
Cook — Yea
Olsen — Yea
Perea — Yea
Smyth — Yea
Swanson — Yea
Valadao — Yea
Williams — Yea
Campos — Not Voting
Bonilla — Yea
Atkins — Yea
Gordon — Yea
Gorell — Not Voting
Hall — Yea
Chesbro — Yea
Beall — Yea
Donnelly — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Achadjian — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Jeffries — Yea
Knight — Yea
Lara — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Monning — Yea
Nielsen — Yea
Pan — Yea
Silva — Yea
Skinner — Yea
Wagner — Yea
Cedillo — Not Voting
Feuer — Yea
Davis — Not Voting
Dickinson — Yea
Galgiani — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Gatto — Yea
Campos — Yea
Harkey — Yea
Hill — Yea
Lara — Yea
Donnelly — Yea
Nielsen — Yea
Smyth — Yea
Mitchell — Yea
Hall — Yea
Blumenfield — Yea
Bradford — Yea
Solorio — Yea
Wagner — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

labor agriculture
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Frequently asked questions

What does AB 1398 do?
Existing law prescribes limits on the hours of employment of minors, but authorizes the Labor Commissioner to grant an exemption to employers operating agricultural packing plants for the employment of minors 16 and 17 years of age for up to 10 hours on days when school is not in session, during the peak harvest season. Existing law provides an exception to those provisions relating to Lake County by limiting the employer exemption that may be issued by the Labor Commissioner to the employment of minors, 16 or 17 years of age, who reside in Lake County, and only on days when school is not in session, for up to 10 hours a day, as well as for more than 48 hours but not more than 60 hours in a week, upon prior written approval of the Lake County Office of Education. Existing law also requires the Labor Commissioner, prior to issuing the Lake County exemption or renewing an exemption, to inspect an affected agricultural packing plant, and to file a written report with the Legislature on or before March 1 of each year describing the general working conditions of minors employed in the agricultural packing industry during the past year, as specified. Existing law further requires an affected employer, on or before March 1 of each year, as a condition of receiving that exemption or a renewal of that exemption, to file a written report to the Labor Commissioner, as specified. These provisions are set to expire on January 1, 2012. This bill would extend the operation of the exceptions pertaining to the employment of minors in Lake County until January 1, 2017. This bill would also change the written reporting requirements of affected employers to require a written report regarding payroll to be filed annually on or before October 1. This bill would also change the requirements for the Labor Commission to issue instead of an annual report, a single written report on the working conditions of minors employed in the agricultural packing industry, which would be filed by November 1, 2016, and cover the previous 512 year period from March 1, 2011, to October 1, 2016.
Who sponsors AB 1398?
AB 1398 is sponsored by Chesbro.
What is the current status of AB 1398?
This bill has been enacted into law. Introduced February 28, 2011. Enacted.
Where can I track AB 1398?
Track AB 1398 free on One Click Politics — get push/email alerts when it moves.

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