AB 2155 — Nurses and certified nurse assistants: overtime.
Last action — Vetoed by Governor.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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5To Executive
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6Enacted
This bill died with 2013-2014 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 generally requires the workweek of state employees to be 40 hours, and the workday of state employees to be 8 hours. Under existing law, it is the policy of the state to avoid the necessity for overtime work whenever possible. This bill would, commencing January 1, 2016, prohibit a nurse, defined as a registered nurse or a licensed vocational nurse, or a certified nursing assistant (CNA) , employed by the State of California in a state facility, as defined, from being compelled to work in excess of the regularly scheduled workweek or work shift, except under certain circumstances, including the occurrence of a catastrophic event in a state facility. This bill would prohibit a state facility from discriminating, dismissing, discharging, or making an employment decision adverse to the nurse or CNA for his or her refusal to accept those additional hours, and would specify that a refusal to accept those additional hours does not constitute patient abandonment or neglect, as specified. The bill would require management and supervisors to consider employees in a specified order of priority in order to fulfill the additional staffing needs of a facility. This bill would enact other related provisions. The bill would make a statement of legislative intent with regards to prohibiting mandatory overtime for nurses and CNAs employed by the State of California in a state facility.
Bill Text
- Enrolled 09/03/14 - Enrolled Current pdf September 03, 2014
- Amended 08/19/14 - Amended Senate pdf August 19, 2014
- Introduced 02/20/14 - Introduced pdf February 20, 2014
- AB2155 View text html
Action History
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Vetoed by Governor.
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Enrolled and presented to the Governor at 3:30 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 22. Page 6511.).
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 23 pursuant to Assembly Rule 77.
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Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 10. Page 4721.).
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Read second time and amended. Ordered to third reading.
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From committee: Do pass as amended. (Ayes 5. Noes 0.) (August 14).
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In committee: Placed on APPR. suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 2.) (June 23). Re-referred to Com. on APPR.
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Referred to Com. on P.E. & R.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 24. Page 5295.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 12. Noes 5.) (May 23).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 23). Re-referred to Com. on APPR.
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Re-referred to Com. on P.E.,R. & S.S. pursuant to Assembly Rule 96.
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Referred to Com. on L. & E.
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From printer. May be heard in committee March 23.
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Read first time. To print.
Sponsors
- Ridley-Thomas · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No
Sponsors (1)
- Ridley-Thomas
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 19 | 0 | 1 |
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 0 | 3 | 0 | 0 |
| Total | 56 | 22 | 0 | 1 |
| % of votes cast | 71% | 28% | 0% | 1% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Yea |
| Alejo | — | Yea |
| Bloom | — | Yea |
| Bradford | — | Yea |
| Brown | — | Yea |
| Buchanan | — | Yea |
| Levine | — | Yea |
| Linder | — | Nay |
| Maienschein | — | Nay |
| Mullin | — | Yea |
| Olsen | — | Nay |
| Perea | — | Yea |
| Rendon | — | Yea |
| Skinner | — | Yea |
| Weber | — | Yea |
| Williams | — | Yea |
| Chávez | — | Nay |
| Lowenthal | — | Yea |
| Garcia | — | Yea |
| Gatto | — | Yea |
| Gray | — | Yea |
| Atkins | — | Yea |
| Fong | — | Yea |
| Campos | — | Yea |
| Bonilla | — | Yea |
| Gordon | — | Yea |
| Gorell | — | Nay |
| Hall | — | Yea |
| Holden | — | Yea |
| Jones-Sawyer | — | Yea |
| Bocanegra | — | Yea |
| Logue | — | Nay |
| John A. Pérez | — | Yea |
| Salas | — | Yea |
| Mansoor | — | Nay |
| Chau | — | Yea |
| Medina | — | Yea |
| Allen | — | Nay |
| Ammiano | — | Yea |
| Bigelow | — | Nay |
| Chesbro | — | Yea |
| Cooley | — | Yea |
| Dababneh | — | Yea |
| Daly | — | Yea |
| Eggman | — | Yea |
| Nazarian | — | Yea |
| Pan | — | Yea |
| Quirk | — | Yea |
| Ridley-Thomas | — | Yea |
| Rodriguez | — | Yea |
| Ting | — | Yea |
| Waldron | — | Nay |
| Wieckowski | — | Yea |
| Wilk | — | Nay |
| Conway | — | Nay |
| Donnelly | — | Nay |
| Harkey | — | Not Voting |
| Melendez | — | Nay |
| Nestande | — | Nay |
| Wagner | — | Nay |
| Dickinson | — | Yea |
| Fox | — | Yea |
| Frazier | — | Yea |
| Yamada | — | Yea |
| Gomez | — | Yea |
| Hagman | — | Nay |
| Beth Gaines | — | Nay |
| Jim Patterson | — | Nay |
| 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 | Nay |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 23 | 10 | 0 | 4 |
| Democratic | 2 | 0 | 0 | 1 |
| Total | 25 | 10 | 0 | 5 |
| % of votes cast | 63% | 25% | 0% | 13% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Nay |
| Beall | — | Yea |
| Hernandez | — | Yea |
| Huff | — | Nay |
| Lieu | — | Yea |
| Nielsen | — | Nay |
| Torres | — | Yea |
| Vidak | — | Nay |
| Wright | — | Not Voting |
| Leno | — | Yea |
| Liu | — | Yea |
| Mitchell | — | Yea |
| Evans | — | Yea |
| De León | — | Yea |
| Lara | — | Yea |
| Steinberg | — | Yea |
| Wyland | — | Nay |
| Cannella | — | Not Voting |
| Block | — | Yea |
| Hill | — | Yea |
| Hueso | — | Yea |
| Knight | — | Nay |
| Monning | — | Yea |
| Morrell | — | Nay |
| Pavley | — | Yea |
| Roth | — | Yea |
| Walters | — | Not Voting |
| Wolk | — | Yea |
| Corbett | — | Yea |
| Correa | — | Yea |
| DeSaulnier | — | Yea |
| Fuller | — | Nay |
| Galgiani | — | Yea |
| Yee | — | Not Voting |
| Hancock | — | Yea |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Nay |
| Calderon, Lisa | Democratic | Not Voting |
| Jackson, Corey A. | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 1 | 0 | 0 | 0 |
| Unaffiliated | 4 | 0 | 0 | 2 |
| Total | 5 | 0 | 0 | 2 |
| % of votes cast | 71% | 0% | 0% | 29% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Steinberg | — | Yea |
| Walters | — | Not Voting |
| De León | — | Yea |
| Hill | — | Yea |
| Lara | — | Yea |
| Beth Gaines | — | Not Voting |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Hill | — | Yea |
| De León | — | Yea |
| Lara | — | Yea |
| Steinberg | — | Yea |
| Walters | — | Yea |
| Beth Gaines | — | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 2 | 0 | 0 |
| Total | 3 | 2 | 0 | 0 |
| % of votes cast | 60% | 40% | 0% | 0% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Steinberg | — | Yea |
| De León | — | Yea |
| Torres | — | Yea |
| Walters | — | Nay |
| Beth Gaines | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 49 | 21 | 0 | 2 |
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 0 | 3 | 0 | 0 |
| Total | 53 | 24 | 0 | 2 |
| % of votes cast | 67% | 30% | 0% | 3% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Yea |
| Alejo | — | Yea |
| Ammiano | — | Not Voting |
| Bradford | — | Yea |
| Brown | — | Yea |
| Buchanan | — | Yea |
| Holden | — | Yea |
| Linder | — | Nay |
| Maienschein | — | Nay |
| Mansoor | — | Nay |
| Nazarian | — | Yea |
| Olsen | — | Nay |
| Ridley-Thomas | — | Yea |
| Rodriguez | — | Yea |
| Ting | — | Yea |
| Williams | — | Yea |
| Daly | — | Yea |
| Garcia | — | Yea |
| Gomez | — | Yea |
| Gray | — | Yea |
| Atkins | — | Yea |
| Gordon | — | Yea |
| Fong | — | Yea |
| Dababneh | — | Yea |
| Bonilla | — | Yea |
| Hall | — | Yea |
| Jones-Sawyer | — | Yea |
| Bloom | — | Yea |
| Eggman | — | Yea |
| Medina | — | Yea |
| Pan | — | Yea |
| Quirk | — | Yea |
| Wieckowski | — | Yea |
| Lowenthal | — | Yea |
| Skinner | — | Yea |
| Frazier | — | Not Voting |
| Gorell | — | Nay |
| Bocanegra | — | Yea |
| John A. Pérez | — | Yea |
| Salas | — | Yea |
| Harkey | — | Nay |
| Campos | — | Yea |
| Allen | — | Nay |
| Levine | — | Yea |
| Logue | — | Nay |
| Melendez | — | Nay |
| Chau | — | Yea |
| Mullin | — | Yea |
| Nestande | — | Nay |
| Bigelow | — | Nay |
| Chesbro | — | Yea |
| Chávez | — | Nay |
| Conway | — | Nay |
| Cooley | — | Yea |
| Dickinson | — | Yea |
| Donnelly | — | Nay |
| Perea | — | Yea |
| Rendon | — | Yea |
| Wagner | — | Nay |
| Waldron | — | Nay |
| Weber | — | Yea |
| Wilk | — | Nay |
| Fox | — | Nay |
| Gatto | — | Yea |
| Yamada | — | Yea |
| Hagman | — | Nay |
| Beth Gaines | — | Nay |
| Jim Patterson | — | Nay |
| 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 | Nay |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 4 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 12 | 5 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Bradford | — | Yea |
| Holden | — | Yea |
| Linder | — | Nay |
| Pan | — | Yea |
| Ridley-Thomas | — | Yea |
| Campos | — | Yea |
| Bocanegra | — | Yea |
| Eggman | — | Yea |
| Quirk | — | Yea |
| Weber | — | Yea |
| Bigelow | — | Nay |
| Donnelly | — | Nay |
| Wagner | — | Nay |
| Gatto | — | Yea |
| Gomez | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 1 | 0 | 0 | 0 |
| Unaffiliated | 4 | 1 | 0 | 1 |
| Total | 5 | 1 | 0 | 1 |
| % of votes cast | 71% | 14% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Allen | — | Nay |
| Harkey | — | Not Voting |
| Jones-Sawyer | — | Yea |
| Rendon | — | Yea |
| Ridley-Thomas | — | Yea |
| Wieckowski | — | Yea |
| Bonta, Mia | Democratic | Yea |
Subjects
Frequently asked questions
- What does AB 2155 do?
- Existing law generally requires the workweek of state employees to be 40 hours, and the workday of state employees to be 8 hours. Under existing law, it is the policy of the state to avoid the necessity for overtime work whenever possible. This bill would, commencing January 1, 2016, prohibit a nurse, defined as a registered nurse or a licensed vocational nurse, or a certified nursing assistant (CNA) , employed by the State of California in a state facility, as defined, from being compelled to work in excess of the regularly scheduled workweek or work shift, except under certain circumstances, including the occurrence of a catastrophic event in a state facility. This bill would prohibit a state facility from discriminating, dismissing, discharging, or making an employment decision adverse to the nurse or CNA for his or her refusal to accept those additional hours, and would specify that a refusal to accept those additional hours does not constitute patient abandonment or neglect, as specified. The bill would require management and supervisors to consider employees in a specified order of priority in order to fulfill the additional staffing needs of a facility. This bill would enact other related provisions. The bill would make a statement of legislative intent with regards to prohibiting mandatory overtime for nurses and CNAs employed by the State of California in a state facility.
- Who sponsors AB 2155?
- AB 2155 is sponsored by Ridley-Thomas.
- What is the current status of AB 2155?
- This bill died with 2013-2014 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 2155?
- Track AB 2155 free on One Click Politics — get push/email alerts when it moves.
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