California 2017-2018 Regular Session Status: Passed Assembly

AB 1833 — Employment.

Last action — Ordered to inactive file at the request of Senator Mitchell.

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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 2017-2018 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law regulates the labor relations of the state, the courts, and specified local public entities and their employees and grants specified public employees of these entities the right to form, join, and participate in the activities of employee organizations of their choosing. The Ralph C. Dills Act defines "fair share fee" as the fee deducted by the state employer from the salary or wages of a state employee in an appropriate unit who does not become a member of, and financially support, the recognized employee organization, and prescribes conditions for its use. The Meyers-Milias-Brown Act, if an agency shop agreement is in place, provides for the payment of an agency fee, which requires an employee either to join the recognized employee organization or pay a fee, as specified. A recent Supreme Court opinion held that fair share and agency fees violate the free speech rights of employees who are not employee organization members. This bill would prohibit the Controller, a public employer, an employee organization, or any of their employees or agents, from being liable under state law for, and would grant to them a complete defense to, any claims or actions under California law for requiring, deducting, receiving, or retaining agency or fair share fees from public employees, and would deny standing to current or former public employees to pursue these claims or actions, if the fees were permitted at the time and paid prior to June 27, 2018. The bill would specify that its provisions apply to pending claims. The bill would define "public employer" broadly for these purposes, and would include in the definition of an employee organization any labor organization with which the employee organization is affiliated. The bill would make legislative findings and declarations. (2) Existing law requires that each state agency establish an effective affirmative action program to ensure equal access to positions in state service for individuals with a disability who are capable of remunerative employment, as provided, and requires the Department of Human Resources to, among other things, outline specific actions and establish guidelines for state agencies and departments to set goals and timetables to improve the representation of individuals with a disability in the state workforce. Existing law further requires the department, on or before November 15 of each year, to report to the Governor and the Legislature on the current activity, future plans, and past accomplishments of the overall employment program for individuals with a disability in state government, including an evaluation of the achievement of annual employment objectives. Existing law makes various legislative findings regarding these provisions. This bill would additionally require that the report include an evaluation of reasonable accommodation policies and practices. The bill would also make various technical changes and revise the above-described legislative findings. (3) Existing law, the Kern County Hospital Authority Act, authorizes the board of supervisors of the County of Kern to, among other things, establish the Kern County Hospital Authority to manage, administer, and control the Kern Medical Center. Existing law requires the board of supervisors to adopt and implement a personnel transition plan for the transfer of specified personnel from the control of the medical center by the county to the Kern County Hospital Authority. Existing law provides that certain employees of the authority hired before June 27, 2018, may participate, subject to the personnel transition plan and the applicable memorandum of understanding, in the Kern County Employees' Retirement Association. Existing law requires employees of the authority hired on or after June 27, 2018, to participate in the Kern County Employees' Retirement Association, unless modified in the applicable memorandum of understanding. This bill would provide that an employee hired by the authority on or after the operative date of this act may participate in the Kern County Employees' Retirement Association, as provided, subject to the sole discretion of the retirement board of the association to maintain their tax-qualified or governmental plan status under federal law. (4) Existing law creates in state government, in the Government Operations Agency, the Department of General Services to provide centralized services, including, but not limited to, planning, acquisition, construction, and maintenance of state buildings and property; purchasing; printing; architectural services; administrative hearings; government claims; and accounting services. Existing law declares it is the policy of this state that a department, agency, or commission shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee who is an individual with a disability, unless the hiring authority can demonstrate that the accommodation would impose an undue hardship on the operation of its program. This bill would require the Department of General Services to periodically review policies and procedures in the State Contracting Manual and training provided to state personnel related to reasonable accommodation purchases for state employees. The bill would require the Department of General Services, in consultation with the Department of Human Resources and the Department of Rehabilitation, to post on its Internet Web site, on January 1, 2019, and biennially thereafter, a report on the purchases of services, goods, information technology, and telecommunications related to reasonable accommodations for state employees. (5) This bill would appropriate $1,371,000 from grant funds received from the federal Department of Labor for expenditure in the 2018–19 fiscal year to the Department of Industrial Relations for purposes of expanding or supporting existing apprenticeship programs and activities. (6) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Ordered to inactive file at the request of Senator Mitchell.

  2. Read second time. Ordered to third reading.

  3. From committee: Do pass. (Ayes 12. Noes 5.) (August 28).

  4. Re-referred to Com. on B. & F.R.

  5. Joint Rule 62(a), file notice suspended. (Ayes 26. Noes 13. Page 5778.)

  6. Joint Rule 61 suspended. (Ayes 28. Noes 10. Page 5777.)

  7. Re-referred to Com. on RLS.

  8. Read second time. Ordered to third reading.

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

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 13. Noes 4.) (August 16).

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

  13. Joint Rule 62(a) suspended. (Page 5262.)

  14. In committee: Hearing postponed by committee.

  15. In committee: Hearing postponed by committee.

  16. Joint Rule 62(a) suspended. (Ayes 25. Noes 11. Page 4554.)

  17. Referred to Com. on B. & F.R.

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

  19. Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 22. Page 5110.)

  20. Read second time. Ordered to third reading.

  21. Ordered to second reading.

  22. Withdrawn from committee.

  23. Assembly Rule 96 suspended. (Ayes 46. Noes 18. Page 5026.)

  24. Referred to Com. on BUDGET.

  25. From printer. May be heard in committee February 10.

  26. Read first time. To print.

Sponsors

  • Committee on Budget · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 8 voted No

Sponsors (1)

  • Committee on Budget

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

Do pass

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9500
Democratic 3000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Anderson — Nay
Moorlach — Nay
Roth — Yea
Mitchell — Yea
Portantino — Yea
Glazer — Yea
Beall — Yea
Monning — Yea
Nielsen — Nay
Pan — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea

Official roll call →

Do pass

Passed 13 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10400
Democratic 3000
Total 13400
% of votes cast 76%24%0%0%
How each member voted (17)
Member Party Vote
Anderson — Nay
Moorlach — Nay
Nielsen — Nay
Glazer — Yea
Monning — Yea
Mitchell — Yea
Beall — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Yea
Portantino — Yea
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea

Official roll call →

AB 1833 BUDGET Assembly Third Reading By TING

Passed 50 Yea · 22 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 351606
Democratic 15000
Republican 0600
Total 502206
% of votes cast 64%28%0%8%
How each member voted (78)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Harper — Nay
Maienschein — Nay
Mathis — Nay
Nazarian — Yea
Quirk — Yea
Rodriguez — Yea
Voepel — Nay
Wood — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Gloria — Yea
Burke — Yea
Frazier — Yea
Holden — Yea
Jones-Sawyer — Yea
Rubio — Yea
Kamlager-Dove — Yea
Levine — Yea
Low — Yea
Salas — Yea
McCarty — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Medina — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Mullin — Yea
O'Donnell — Yea
Rendon — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Friedman — Not Voting
Fong — Nay
Kiley — Nay
Baker — Nay
Chávez — Nay
Cooley — Not Voting
Cunningham — Nay
Mayes — Nay
Melendez — Nay
Obernolte — Not Voting
Steinorth — Not Voting
Waldron — Nay
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Subjects

labor
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Frequently asked questions

What does AB 1833 do?
(1) Existing law regulates the labor relations of the state, the courts, and specified local public entities and their employees and grants specified public employees of these entities the right to form, join, and participate in the activities of employee organizations of their choosing. The Ralph C. Dills Act defines "fair share fee" as the fee deducted by the state employer from the salary or wages of a state employee in an appropriate unit who does not become a member of, and financially support, the recognized employee organization, and prescribes conditions for its use. The Meyers-Milias-Brown Act, if an agency shop agreement is in place, provides for the payment of an agency fee, which requires an employee either to join the recognized employee organization or pay a fee, as specified. A recent Supreme Court opinion held that fair share and agency fees violate the free speech rights of employees who are not employee organization members. This bill would prohibit the Controller, a public employer, an employee organization, or any of their employees or agents, from being liable under state law for, and would grant to them a complete defense to, any claims or actions under California law for requiring, deducting, receiving, or retaining agency or fair share fees from public employees, and would deny standing to current or former public employees to pursue these claims or actions, if the fees were permitted at the time and paid prior to June 27, 2018. The bill would specify that its provisions apply to pending claims. The bill would define "public employer" broadly for these purposes, and would include in the definition of an employee organization any labor organization with which the employee organization is affiliated. The bill would make legislative findings and declarations. (2) Existing law requires that each state agency establish an effective affirmative action program to ensure equal access to positions in state service for individuals with a disability who are capable of remunerative employment, as provided, and requires the Department of Human Resources to, among other things, outline specific actions and establish guidelines for state agencies and departments to set goals and timetables to improve the representation of individuals with a disability in the state workforce. Existing law further requires the department, on or before November 15 of each year, to report to the Governor and the Legislature on the current activity, future plans, and past accomplishments of the overall employment program for individuals with a disability in state government, including an evaluation of the achievement of annual employment objectives. Existing law makes various legislative findings regarding these provisions. This bill would additionally require that the report include an evaluation of reasonable accommodation policies and practices. The bill would also make various technical changes and revise the above-described legislative findings. (3) Existing law, the Kern County Hospital Authority Act, authorizes the board of supervisors of the County of Kern to, among other things, establish the Kern County Hospital Authority to manage, administer, and control the Kern Medical Center. Existing law requires the board of supervisors to adopt and implement a personnel transition plan for the transfer of specified personnel from the control of the medical center by the county to the Kern County Hospital Authority. Existing law provides that certain employees of the authority hired before June 27, 2018, may participate, subject to the personnel transition plan and the applicable memorandum of understanding, in the Kern County Employees' Retirement Association. Existing law requires employees of the authority hired on or after June 27, 2018, to participate in the Kern County Employees' Retirement Association, unless modified in the applicable memorandum of understanding. This bill would provide that an employee hired by the authority on or after the operative date of this act may participate in the Kern County Employees' Retirement Association, as provided, subject to the sole discretion of the retirement board of the association to maintain their tax-qualified or governmental plan status under federal law. (4) Existing law creates in state government, in the Government Operations Agency, the Department of General Services to provide centralized services, including, but not limited to, planning, acquisition, construction, and maintenance of state buildings and property; purchasing; printing; architectural services; administrative hearings; government claims; and accounting services. Existing law declares it is the policy of this state that a department, agency, or commission shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee who is an individual with a disability, unless the hiring authority can demonstrate that the accommodation would impose an undue hardship on the operation of its program. This bill would require the Department of General Services to periodically review policies and procedures in the State Contracting Manual and training provided to state personnel related to reasonable accommodation purchases for state employees. The bill would require the Department of General Services, in consultation with the Department of Human Resources and the Department of Rehabilitation, to post on its Internet Web site, on January 1, 2019, and biennially thereafter, a report on the purchases of services, goods, information technology, and telecommunications related to reasonable accommodations for state employees. (5) This bill would appropriate $1,371,000 from grant funds received from the federal Department of Labor for expenditure in the 2018–19 fiscal year to the Department of Industrial Relations for purposes of expanding or supporting existing apprenticeship programs and activities. (6) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors AB 1833?
AB 1833 is sponsored by Committee on Budget.
What is the current status of AB 1833?
This bill died with 2017-2018 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 1833?
Track AB 1833 free on One Click Politics — get push/email alerts when it moves.

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