California 2013-2014 Regular Session Status: Enacted

AB 1792 — Public benefits: reports on employers.

Last action — Chaptered by Secretary of State - Chapter 889, Statutes of 2014.

  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 18, 2014. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 70% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, and under which qualified low-income persons receive health care benefits. The Medi-Cal program is governed, in part, by federal Medicaid provisions. This bill would, until January 1, 2020, require the State Department of Health Care Services to annually inform the Employment Development Department of the names and social security numbers of all recipients of the Medi-Cal program. The bill would require the State Department of Health Care Services to determine the average per individual cost of state and federally funded benefits provided by the Medi-Cal program and inform the Employment Development Department of these costs. The bill would require the Employment Development Department to collaborate with the State Department of Health Care Services and the State Department of Social Services to determine the total average cost of state and federally funded benefits provided to each identified employer's employees, as specified. The bill would define an employer as an individual or organization that employs 100 or more beneficiaries of the Medi-Cal program. The bill would also require the Department of Finance to, after obtaining specified information from the Employment Development Department, annually transmit to the Legislature and post on the department's Internet Web site a report no later than the 3rd week of January of each year beginning in 2016 until January 1, 2020, that, among other things, identifies employers that employ 100 or more beneficiaries in the state, as specified. Under existing law, federal nutrition assistance benefits are administered through CalFresh, as specified. The bill would, until January 1, 2020, additionally require the State Department of Social Services to annually determine and provide to the Employment Development Department, the percentage of individuals who are recipients of the Medi-Cal program who are also recipients of the CalFresh program, and the average individual CalFresh benefit for individuals who are members of households in which at least one member is employed. Under existing law, the information obtained in the administration of the Unemployment Insurance Code is for the exclusive use and information of the Director of Employment Development in the discharge of his or her duties and is not open to the public. However, existing law permits the use of the information for specified purposes, and allows the director to require reimbursement for direct costs incurred. Existing law provides that a person who knowingly accesses, uses, or discloses this confidential information without authorization is guilty of a misdemeanor. This bill would, until January 1, 2020, require the Director of Employment Development to permit the use of specified information in his or her possession by the Department of Finance to prepare and submit the above-described report. By requiring this information to be provided to the Department of Finance for these purposes, this bill would expand the crime of unauthorized access, use, or disclosure of this information, and would impose a state-mandated local program. This bill would prohibit an employer from discharging or in any manner discriminating or retaliating against an employee who enrolls in the Medi-Cal program and from refusing to hire a beneficiary for reason of being enrolled in the Medi-Cal program. This bill would prohibit an employer from disclosing to any person or entity that an employee receives or is applying for public benefits, unless authorized by state or federal law. This bill would incorporate additional changes to Section 1095 of the Unemployment Insurance Code proposed by SB 1028 and SB 1141, to be operative if this bill and one or both of the other bills are enacted and become effective on or before January 1, 2015, and this bill is enacted last. 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 889, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 53. Noes 24. Page 6729.).

  5. Assembly Rule 63 suspended. (Page 6725.)

  6. Assembly Rule 77 suspended. (Page 6725.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 31 pursuant to Assembly Rule 77.

  8. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 9. Page 4966.).

  9. Ordered to third reading.

  10. Withdrawn from committee.

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

  12. Senate Rule 29.3(b) suspended. (Ayes 22. Noes 12. Page 4905.)

  13. Re-referred to Com. on RLS.

  14. Read second time. Ordered to third reading.

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

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

  17. From committee: Do pass as amended. (Ayes 5. Noes 0.) (August 14).

  18. In committee: Placed on APPR. suspense file.

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

  20. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 25).

  21. Referred to Com. on HEALTH.

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

  23. Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 26. Page 5251.)

  24. Read second time. Ordered to third reading.

  25. Read second time and amended. Ordered to second reading.

  26. From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 23).

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

  28. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 23). Re-referred to Com. on APPR.

  29. From committee: Be re-referred to Com. on L. & E. Re-referred. (Ayes 7. Noes 0.) (April 10). Re-referred to Com. on L. & E.

  30. Re-referred to Com. on RLS. pursuant to Assembly Rule 96.

  31. Re-referred to Com. on INS.

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

  33. Referred to Com. on INS.

  34. From printer. May be heard in committee March 21.

  35. Read first time. To print.

Sponsors

  • Gomez · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Gomez

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 1792 GOMEZ Concurrence in Senate Amendments

Passed 53 Yea · 24 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 492102
Democratic 4000
Republican 0300
Total 532402
% of votes cast 67%30%0%3%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Bigelow — Nay
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Levine — Yea
Linder — Nay
Mansoor — Nay
Nazarian — Yea
Pan — Yea
Quirk — Yea
Wagner — Nay
Williams — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Holden — Yea
Lowenthal — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Bonilla — Yea
Dababneh — Yea
Daly — Yea
Medina — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Skinner — Yea
Wieckowski — Yea
Gorell — Nay
Bocanegra — Yea
Harkey — Nay
John A. Pérez — Yea
Salas — Yea
Jones-Sawyer — Yea
Allen — Nay
Logue — Nay
Maienschein — Nay
Melendez — Nay
Campos — Yea
Mullin — Yea
Nestande — Nay
Olsen — Nay
Perea — Yea
Chau — Yea
Chesbro — Yea
Chávez — Nay
Conway — Nay
Cooley — Yea
Dickinson — Yea
Eggman — Not Voting
Rendon — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Wilk — Nay
Donnelly — Nay
Fox — Nay
Frazier — Yea
Yamada — Yea
Hagman — Nay
Hall — Yea
Beth Gaines — Nay
Jim Patterson — Not Voting
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

Official roll call →

3rd Reading AB1792 Gomez By Hernandez

Passed 26 Yea · 9 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 24904
Democratic 2001
Total 26905
% of votes cast 65%23%0%13%
How each member voted (40)
Member Party Vote
Anderson — Nay
Block — Yea
Hueso — Yea
Knight — Nay
Lara — Yea
Liu — Yea
Pavley — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Cannella — Yea
Beall — Yea
Correa — Yea
Hernandez — Yea
Leno — Yea
Lieu — Yea
Torres — Yea
Mitchell — Yea
Hancock — Yea
Roth — Yea
De León — Yea
Wright — Not Voting
Hill — Yea
Huff — Nay
Monning — Yea
Morrell — Nay
Nielsen — Not Voting
Vidak — Nay
Wyland — Nay
Corbett — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — Not Voting
Galgiani — Yea
Yee — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Democratic 1000
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Walters — Not Voting
De León — Yea
Steinberg — Yea
Beth Gaines — Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 1792 GOMEZ Assembly Third Reading

Passed 52 Yea · 26 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 492300
Democratic 3001
Republican 0300
Total 522601
% of votes cast 66%33%0%1%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Linder — Nay
Logue — Nay
Mansoor — Nay
Mullin — Yea
Nestande — Nay
Quirk — Yea
Rodriguez — Yea
Ting — Yea
Waldron — Nay
Campos — Yea
Lowenthal — Yea
Gatto — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Gordon — Yea
Fong — Yea
Chau — Yea
Bonilla — Yea
Hagman — Nay
Jones-Sawyer — Yea
Levine — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Medina — Yea
Allen — Nay
Ammiano — Yea
Bloom — Yea
Chesbro — Yea
Cooley — Yea
Dababneh — Yea
Daly — Nay
Eggman — Yea
Nazarian — Yea
Pan — Yea
Perea — Yea
Rendon — Yea
Ridley-Thomas — Yea
Skinner — Yea
Weber — Yea
Wieckowski — Yea
Williams — Yea
Chávez — Nay
Harkey — Nay
Conway — Nay
Maienschein — Nay
Bigelow — Nay
Donnelly — Nay
Melendez — Nay
Olsen — Nay
Wagner — Nay
Wilk — Nay
Dickinson — Yea
Fox — Nay
Frazier — Yea
Yamada — Yea
Gomez — Yea
Gorell — Nay
Hall — Yea
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 Not Voting
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11400
Democratic 1000
Republican 0100
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Bradford — Yea
Linder — Nay
Ridley-Thomas — Yea
Wagner — Nay
Weber — Yea
Holden — Yea
Quirk — Yea
Bocanegra — Yea
Gomez — Yea
Campos — Yea
Bigelow — Nay
Donnelly — Nay
Eggman — Yea
Pan — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Be referred to Committee on Labor and Employment.

Passed 7 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 7004
Total 7004
% of votes cast 64%0%0%36%
How each member voted (11)
Member Party Vote
Brown — Yea
Dababneh — Not Voting
Chávez — Yea
Gordon — Yea
Nazarian — Not Voting
Quirk — Yea
Ridley-Thomas — Yea
Waldron — Not Voting
Wilk — Yea
Hagman — Not Voting
Lorena Gonzalez — Yea

Official roll call →

Subjects

public-safety civil-rights healthcare labor
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Frequently asked questions

What does AB 1792 do?
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, and under which qualified low-income persons receive health care benefits. The Medi-Cal program is governed, in part, by federal Medicaid provisions. This bill would, until January 1, 2020, require the State Department of Health Care Services to annually inform the Employment Development Department of the names and social security numbers of all recipients of the Medi-Cal program. The bill would require the State Department of Health Care Services to determine the average per individual cost of state and federally funded benefits provided by the Medi-Cal program and inform the Employment Development Department of these costs. The bill would require the Employment Development Department to collaborate with the State Department of Health Care Services and the State Department of Social Services to determine the total average cost of state and federally funded benefits provided to each identified employer's employees, as specified. The bill would define an employer as an individual or organization that employs 100 or more beneficiaries of the Medi-Cal program. The bill would also require the Department of Finance to, after obtaining specified information from the Employment Development Department, annually transmit to the Legislature and post on the department's Internet Web site a report no later than the 3rd week of January of each year beginning in 2016 until January 1, 2020, that, among other things, identifies employers that employ 100 or more beneficiaries in the state, as specified. Under existing law, federal nutrition assistance benefits are administered through CalFresh, as specified. The bill would, until January 1, 2020, additionally require the State Department of Social Services to annually determine and provide to the Employment Development Department, the percentage of individuals who are recipients of the Medi-Cal program who are also recipients of the CalFresh program, and the average individual CalFresh benefit for individuals who are members of households in which at least one member is employed. Under existing law, the information obtained in the administration of the Unemployment Insurance Code is for the exclusive use and information of the Director of Employment Development in the discharge of his or her duties and is not open to the public. However, existing law permits the use of the information for specified purposes, and allows the director to require reimbursement for direct costs incurred. Existing law provides that a person who knowingly accesses, uses, or discloses this confidential information without authorization is guilty of a misdemeanor. This bill would, until January 1, 2020, require the Director of Employment Development to permit the use of specified information in his or her possession by the Department of Finance to prepare and submit the above-described report. By requiring this information to be provided to the Department of Finance for these purposes, this bill would expand the crime of unauthorized access, use, or disclosure of this information, and would impose a state-mandated local program. This bill would prohibit an employer from discharging or in any manner discriminating or retaliating against an employee who enrolls in the Medi-Cal program and from refusing to hire a beneficiary for reason of being enrolled in the Medi-Cal program. This bill would prohibit an employer from disclosing to any person or entity that an employee receives or is applying for public benefits, unless authorized by state or federal law. This bill would incorporate additional changes to Section 1095 of the Unemployment Insurance Code proposed by SB 1028 and SB 1141, to be operative if this bill and one or both of the other bills are enacted and become effective on or before January 1, 2015, and this bill is enacted last. 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 AB 1792?
AB 1792 is sponsored by Gomez.
What is the current status of AB 1792?
This bill has been enacted into law. Introduced February 18, 2014. Enacted.
Where can I track AB 1792?
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