California 2013-2014 Regular Session Status: Enacted

SB 477 — Foreign labor contractors: registration.

Last action — Chaptered by Secretary of State. Chapter 711, Statutes of 2014.

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

This bill has been enacted into law. Introduced February 21, 2013. 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 federal law permits certain aliens to engage in employment in the United States under specified conditions. Existing state law regulates the services of foreign labor contractors, as defined, with regard to contracts, recruitment procedures and representations, and information as to terms and conditions of employment. Existing law provides that any person who violates or induces a violation of the latter provisions is guilty of a misdemeanor. Existing law also permits any person aggrieved by a violation of these provisions to bring an action for injunctive relief or damages, or both, and authorizes recovery of damages, costs, and reasonable attorney's fees, in an amount not less than $500, if the aggrieved person prevails on the action. Under existing state law, the Division of Labor Standards Enforcement in the Department of Industrial Relations, under the direction of the Labor Commissioner, enforces and administers the licensing and supervision of farm labor contractors, as defined. This bill would change the definition of a foreign labor contractor to mean a person who performs foreign labor contracting activity, as defined. The bill, on and after July 1, 2016, would require a foreign labor contractor to register with the Labor Commissioner and would impose certain conditions for registration, including payment of specified fees. The bill would require the commissioner to enforce and administer the registration and supervision of foreign labor contractors, and would authorize the commissioner to adopt regulations or policies and procedures to implement these provisions. The bill would prohibit a person from knowingly entering into an agreement for the services of a foreign labor contractor that is not registered with the commissioner. The bill would also require foreign labor contractors to disclose specified information and deposit with the commissioner a surety bond in a specified amount, for payment of any amount adjudicated against the foreign labor contractor, as a condition of registration, as specified. The bill would further require persons knowingly using the services of foreign labor contractors to obtain foreign workers to disclose specified information to the commissioner. The bill would require a foreign labor contractor to disclose in writing to each foreign worker who is recruited for employment certain information, as specified. The bill would prohibit a foreign labor contractor and its agent from assessing a fee or cost to a foreign worker for foreign labor contracting activities. The bill would also prohibit charging a foreign worker with any costs or expenses not customarily assessed against similarly situated workers, and would limit the amount of housing costs charged to the foreign worker to the market rate for similar housing. The bill would prohibit requiring a foreign worker to pay any costs or expenses prior to commencement of work. The bill would prohibit additional requirements or changes to the terms of the contract originally provided to and signed by the foreign worker, unless the foreign worker is provided at least 48 hours to review and consider the additional requirements or changes, and would require the specific consent of the foreign worker, as provided, to each additional requirement or change. The bill would authorize a civil penalty for violations of these provisions, would authorize the commissioner or a person aggrieved by a violation of these provisions to bring an action for injunctive relief or damages, or both, and would authorize recovery of damages, costs, and reasonable attorney's fees, as specified, including enforcement of liability against the bond deposited with the commissioner. The bill would exempt a person from joint and several liability for an act or omission by a foreign labor contractor if the person is using a registered foreign labor contractor's services. The bill would also exempt a person who uses the services of a registered foreign labor contractor from misdemeanor liability for an act or omission by the foreign labor contractor. Because this bill would expand the scope of the provisions regulating foreign labor contractors, a violation of which is a misdemeanor, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 711, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11 a.m.

  4. Assembly amendments concurred in. (Ayes 34. Noes 0. Page 4914.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 66. Noes 10. Page 6409.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 13. Noes 2.) (August 14).

  9. Set, first hearing. Referred to APPR. suspense file.

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 24). Re-referred to Com. on APPR.

  11. From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (June 11). Re-referred to Com. on JUD.

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & E.

  13. Referred to Coms. on L. & E. and JUD.

  14. In Assembly. Read first time. Held at Desk.

  15. Read third time. Passed. (Ayes 35. Noes 0. Page 2687.) Ordered to the Assembly.

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 6. Noes 0. Page 2644.) (January 23).

  18. Set for hearing January 23.

  19. Placed on APPR. suspense file.

  20. Set for hearing January 21.

  21. Re-referred to Com. on APPR.

  22. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  23. Referred to Com. on RLS.

  24. From printer. May be acted upon on or after March 24.

  25. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Steinberg · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Steinberg

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

Unfinished Business SB477 Steinberg Concurrence

Passed 34 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 1002
Total 34006
% of votes cast 85%0%0%15%
How each member voted (40)
Member Party Vote
Anderson — Yea
Knight — Yea
Leno — Yea
Lieu — Yea
Morrell — Yea
Torres — Yea
Cannella — Yea
Wyland — Yea
Corbett — Yea
Evans — Yea
Correa — Yea
Hernandez — Yea
Huff — Yea
Liu — Yea
Beall — Yea
Mitchell — Yea
Hueso — Yea
Lara — Yea
Nielsen — Yea
Steinberg — Yea
Walters — Yea
Block — Yea
Monning — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wright — Not Voting
De León — Not Voting
Hancock — Not Voting
Hill — Yea
Wolk — Yea
DeSaulnier — Yea
Fuller — Yea
Galgiani — Yea
Yee — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Not Voting

Official roll call →

SB 477 Steinberg Senate Third Reading By ALEJO

Passed 66 Yea · 10 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 61803
Democratic 4000
Republican 1200
Total 661003
% of votes cast 84%13%0%4%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Linder — Yea
Logue — Nay
Maienschein — Yea
Mansoor — Nay
Olsen — Yea
Perea — Yea
Rendon — Yea
Ridley-Thomas — Yea
Williams — Yea
Conway — Nay
Campos — Yea
Frazier — Yea
Gomez — Yea
Gordon — Yea
Hagman — Yea
Lowenthal — Yea
Garcia — Yea
Harkey — Yea
Gray — Yea
Atkins — Yea
Holden — Yea
Fong — Yea
Bonilla — Yea
Jones-Sawyer — Yea
Levine — Yea
Medina — Yea
Alejo — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Allen — Nay
Gorell — Not Voting
Chau — Yea
Chesbro — Yea
Bigelow — Not Voting
Chávez — Yea
Donnelly — Nay
Melendez — Nay
Nestande — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wilk — Nay
Cooley — Yea
Dababneh — Yea
Daly — Yea
Eggman — Yea
Mullin — Yea
Nazarian — Yea
Pan — Yea
Quirk — Yea
Rodriguez — Yea
Skinner — Yea
Waldron — Yea
Wieckowski — Yea
Dickinson — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Hall — Yea
Beth Gaines — Not Voting
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Yea
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 13 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 12102
Democratic 1000
Republican 0100
Total 13202
% of votes cast 76%12%0%12%
How each member voted (17)
Member Party Vote
Bradford — Yea
Holden — Yea
Weber — Yea
Bocanegra — Yea
Gatto — Yea
Gomez — Yea
Campos — Yea
Eggman — Yea
Linder — Yea
Pan — Yea
Quirk — Yea
Ridley-Thomas — Yea
Bigelow — Not Voting
Donnelly — Nay
Wagner — Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading SB477 Steinberg By De Leon

Passed 35 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 32004
Democratic 3000
Total 35004
% of votes cast 90%0%0%10%
How each member voted (39)
Member Party Vote
Anderson — Yea
Hernandez — Yea
Hueso — Yea
Liu — Yea
Nielsen — Not Voting
Pavley — Not Voting
Roth — Yea
Steinberg — Yea
Wyland — Yea
Galgiani — Yea
Mitchell — Yea
De León — Yea
Beall — Yea
Block — Yea
Huff — Yea
Knight — Yea
Lara — Yea
Leno — Yea
Lieu — Yea
Torres — Yea
Walters — Yea
Wright — Not Voting
Cannella — Not Voting
Hill — Yea
Monning — Yea
Corbett — Yea
Vidak — Yea
Wolk — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — Yea
Yee — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Hill — Yea
De León — Yea
Lara — Yea
Steinberg — Yea
Walters — Not Voting
Beth Gaines — Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

immigration labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 477 do?
Existing federal law permits certain aliens to engage in employment in the United States under specified conditions. Existing state law regulates the services of foreign labor contractors, as defined, with regard to contracts, recruitment procedures and representations, and information as to terms and conditions of employment. Existing law provides that any person who violates or induces a violation of the latter provisions is guilty of a misdemeanor. Existing law also permits any person aggrieved by a violation of these provisions to bring an action for injunctive relief or damages, or both, and authorizes recovery of damages, costs, and reasonable attorney's fees, in an amount not less than $500, if the aggrieved person prevails on the action. Under existing state law, the Division of Labor Standards Enforcement in the Department of Industrial Relations, under the direction of the Labor Commissioner, enforces and administers the licensing and supervision of farm labor contractors, as defined. This bill would change the definition of a foreign labor contractor to mean a person who performs foreign labor contracting activity, as defined. The bill, on and after July 1, 2016, would require a foreign labor contractor to register with the Labor Commissioner and would impose certain conditions for registration, including payment of specified fees. The bill would require the commissioner to enforce and administer the registration and supervision of foreign labor contractors, and would authorize the commissioner to adopt regulations or policies and procedures to implement these provisions. The bill would prohibit a person from knowingly entering into an agreement for the services of a foreign labor contractor that is not registered with the commissioner. The bill would also require foreign labor contractors to disclose specified information and deposit with the commissioner a surety bond in a specified amount, for payment of any amount adjudicated against the foreign labor contractor, as a condition of registration, as specified. The bill would further require persons knowingly using the services of foreign labor contractors to obtain foreign workers to disclose specified information to the commissioner. The bill would require a foreign labor contractor to disclose in writing to each foreign worker who is recruited for employment certain information, as specified. The bill would prohibit a foreign labor contractor and its agent from assessing a fee or cost to a foreign worker for foreign labor contracting activities. The bill would also prohibit charging a foreign worker with any costs or expenses not customarily assessed against similarly situated workers, and would limit the amount of housing costs charged to the foreign worker to the market rate for similar housing. The bill would prohibit requiring a foreign worker to pay any costs or expenses prior to commencement of work. The bill would prohibit additional requirements or changes to the terms of the contract originally provided to and signed by the foreign worker, unless the foreign worker is provided at least 48 hours to review and consider the additional requirements or changes, and would require the specific consent of the foreign worker, as provided, to each additional requirement or change. The bill would authorize a civil penalty for violations of these provisions, would authorize the commissioner or a person aggrieved by a violation of these provisions to bring an action for injunctive relief or damages, or both, and would authorize recovery of damages, costs, and reasonable attorney's fees, as specified, including enforcement of liability against the bond deposited with the commissioner. The bill would exempt a person from joint and several liability for an act or omission by a foreign labor contractor if the person is using a registered foreign labor contractor's services. The bill would also exempt a person who uses the services of a registered foreign labor contractor from misdemeanor liability for an act or omission by the foreign labor contractor. Because this bill would expand the scope of the provisions regulating foreign labor contractors, a violation of which is a misdemeanor, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 477?
SB 477 is sponsored by Steinberg.
What is the current status of SB 477?
This bill has been enacted into law. Introduced February 21, 2013. Enacted.
Where can I track SB 477?
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