California 2011-2012 Regular Session Status: Passed Assembly

AB 350 — Displaced Janitor Opportunity Act.

Last action — Read third time. Refused passage. (Ayes 17. Noes 18. Page 2488.).

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, the Displaced Janitor Opportunity Act, requires contractors and subcontractors, that are awarded contracts or subcontracts by an awarding authority to provide janitorial or building maintenance services at a particular job site or sites, to retain, for a period of 60 days, certain employees who were employed at that site by the previous contractor or subcontractor. The act requires the successor contractors and subcontractors to offer continued employment to those employees retained for the 60-day period if their performance during that 60-day period is satisfactory. The act authorizes an employee who was not offered employment or who has been discharged in violation of these provisions by a successor contractor or successor subcontractor, or an agent of the employee, to bring an action against a successor contractor or successor subcontractor in any superior court of the state having jurisdiction over the successor contractor or successor subcontractor, as specified. This bill would rename the act the Displaced Property Service Employee Opportunity Act and make the provisions of the act applicable to property services, which would consist of licensed security, as defined, window cleaning, food cafeteria and dietary services, janitorial services, and building maintenance services. This bill would exclude from the definitions of "contractor" and "subcontractor" specified types of food service providers. The bill also would make conforming changes.

Bill Text

Action History

  1. Read third time. Refused passage. (Ayes 17. Noes 18. Page 2488.).

  2. Reconsideration granted. (Ayes 40. Noes 0. Page 2424.)

  3. Motion to reconsider made by Senator Padilla.

  4. Read third time. Refused passage. (Ayes 18. Noes 18. Page 2424.).

  5. Read second time. Ordered to third reading.

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

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

  8. From committee: Do pass as amended. (Ayes 5. Noes 3.) (August 22).

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

  10. In committee: Hearing postponed by committee.

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 29).

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

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

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 46. Noes 31. Page 1649.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 11. Noes 6.) (May 27).

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

  20. Re-referred to Com. on APPR.

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

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 13). Re-referred to Com. on APPR.

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

  24. From printer. May be heard in committee March 13.

  25. Read first time. To print.

Sponsors

  • Lara · Cosponsor
  • Mendoza · Cosponsor
  • Solorio · Primary
  • Vargas · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on · 7 voted No

Sponsors (1)

  • Solorio

Co-sponsors (3)

  • Lara
  • Mendoza
  • Vargas

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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

Failed 17 Yea · 18 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 161704
Republican 0100
Democratic 1001
Total 171805
% of votes cast 43%45%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Evans — Yea
Hancock — Yea
Harman — Nay
Hernandez — Yea
Negrete McLeod — Yea
Huff — Nay
De León — Yea
Kehoe — Yea
Runner — Nay
Rubio — Nay
Lowenthal — Not Voting
Anderson — Nay
Cannella — Nay
Corbett — Yea
Dutton — Nay
Leno — Yea
Lieu — Yea
Pavley — Nay
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Nay
Wolk — Nay
Correa — Not Voting
Alquist — Yea
Blakeslee — Nay
Liu — Not Voting
Price — Yea
Wright — Not Voting
Emmerson — Nay
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Republican 1000
Democratic 2000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Cannella — Yea
Evans — Yea
Fuller — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Hancock — Yea
Negrete McLeod — Yea
Harman — Yea
Rubio — Yea
Blakeslee — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Lieu — Yea
Simitian — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Dutton — Yea
Alquist — Yea
Anderson — Yea
Hernandez — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Wright — Yea
Wyland — Yea
Corbett — Yea
Emmerson — Yea
Correa — 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 →

Failed 18 Yea · 18 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 171604
Republican 0100
Democratic 1100
Total 181804
% of votes cast 45%45%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Corbett — Yea
Alquist — Yea
Hancock — Yea
Hernandez — Yea
Kehoe — Yea
Leno — Yea
Price — Yea
Negrete McLeod — Yea
Steinberg — Yea
De León — Yea
Wyland — Nay
Evans — Yea
Cannella — Nay
Harman — Nay
Runner — Nay
Rubio — Not Voting
Lowenthal — Not Voting
Huff — Nay
Blakeslee — Nay
Dutton — Nay
Liu — Not Voting
Pavley — Nay
Walters — Nay
Wolk — Not Voting
Wright — Nay
Anderson — Nay
Lieu — Yea
Simitian — Yea
Vargas — Yea
Emmerson — Nay
Correa — Yea
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 5 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5301
Total 5301
% of votes cast 56%33%0%11%
How each member voted (9)
Member Party Vote
Emmerson — Nay
Runner — Nay
Kehoe — Yea
Pavley — Not Voting
Price — Yea
Steinberg — Yea
Alquist — Yea
Lieu — Yea
Walters — Nay

Official roll call →

Passed 46 Yea · 31 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 452903
Democratic 1000
Republican 0200
Total 463103
% of votes cast 58%39%0%4%
How each member voted (80)
Member Party Vote
Hagman — Nay
Hall — Yea
Butler — Yea
Carter — Yea
Fong — Yea
Alejo — Yea
Allen — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Furutani — Yea
Ammiano — Yea
Galgiani — Yea
Hayashi — Yea
Hueso — Yea
Huffman — Yea
Ma — Yea
Chesbro — Yea
Pan — Yea
Skinner — Yea
Williams — Yea
Campos — Yea
Conway — Nay
Garrick — Nay
Bonilla — Yea
Atkins — Yea
Gordon — Nay
Cook — Nay
Halderman — Nay
Fletcher — Nay
Harkey — Nay
Block — Yea
Hill — Nay
Jeffries — Nay
Knight — Nay
Lara — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Nestande — Nay
Norby — Nay
Olsen — Nay
Silva — Nay
Smyth — Nay
Solorio — Yea
Valadao — Nay
Wagner — Nay
Wieckowski — Yea
Gorell — Not Voting
Achadjian — Nay
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Not Voting
Huber — Nay
Mansoor — Nay
Miller — Nay
Morrell — Nay
Nielsen — Nay
Perea — Nay
Swanson — Yea
Torres — Not Voting
Eng — Yea
Feuer — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Nay
Fuentes — Yea
Gatto — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10600
Democratic 1000
Total 11600
% of votes cast 65%35%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Mitchell — Yea
Hall — Yea
Lara — Yea
Nielsen — Nay
Donnelly — Nay
Norby — Nay
Blumenfield — Yea
Bradford — Yea
Harkey — Nay
Hill — Nay
Solorio — Yea
Wagner — Nay
Davis — Yea
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 350 do?
Existing law, the Displaced Janitor Opportunity Act, requires contractors and subcontractors, that are awarded contracts or subcontracts by an awarding authority to provide janitorial or building maintenance services at a particular job site or sites, to retain, for a period of 60 days, certain employees who were employed at that site by the previous contractor or subcontractor. The act requires the successor contractors and subcontractors to offer continued employment to those employees retained for the 60-day period if their performance during that 60-day period is satisfactory. The act authorizes an employee who was not offered employment or who has been discharged in violation of these provisions by a successor contractor or successor subcontractor, or an agent of the employee, to bring an action against a successor contractor or successor subcontractor in any superior court of the state having jurisdiction over the successor contractor or successor subcontractor, as specified. This bill would rename the act the Displaced Property Service Employee Opportunity Act and make the provisions of the act applicable to property services, which would consist of licensed security, as defined, window cleaning, food cafeteria and dietary services, janitorial services, and building maintenance services. This bill would exclude from the definitions of "contractor" and "subcontractor" specified types of food service providers. The bill also would make conforming changes.
Who sponsors AB 350?
AB 350 is sponsored by Lara, Mendoza, Solorio, and Vargas.
What is the current status of AB 350?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” 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 350?
Track AB 350 free on One Click Politics — get push/email alerts when it moves.

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