California 2017-2018 Regular Session Status: Enacted 1 D cosponsors

AB 848 — Public contracts: University of California: California State University: domestic workers.

Last action — Chaptered by Secretary of State - Chapter 844, Statutes of 2017.

  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 16, 2017. Enacted.

Prognosis

Likely to advance 78% · 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.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 4 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

(1) Existing law requires a state agency to comply with specified procedures in awarding agency contracts. Existing law, with specified exceptions, prohibits a state agency authorized to enter into contracts relating to public benefit programs from contracting for services provided by a call center that directly serves applicants for, recipients of, or enrollees in, those public benefit programs with a contractor or subcontractor unless that contractor or subcontractor certifies in its bid for the contract that the contract, and any subcontract performed under that contract, will be performed solely with workers employed in California. Existing law imposes a civil penalty, as provided, for knowingly providing false information in that certification. Existing law also requires the contract to include a clause providing for a right by the state to terminate the contract for noncompliance and specified penalties, if the contractor or subcontractor performs the contract or the subcontract with workers not employed in California during the life of the contract. This bill would prohibit, on or after July 1, 2017, the University of California and the California State University from contracting for services with a contractor or subcontractor unless that contractor or subcontractor certifies, under penalty of perjury, in his or her bid for that contract that the contract, and any subcontract performed under that contract, will be performed solely with workers within the United States or describes in his or her bid any parts of the work that will be performed by workers outside of the United States. The bill would prohibit the University of California and the California State University from expending funds for training for service contract employees located in foreign countries or for training for service contract employees who plan to relocate to a foreign country as part of the service contract, if that service contract displaces an employee of the University of California or the California State University. The bill would require a contract entered into pursuant to the bill to provide, in the event a contractor or subcontractor performs the contract or the subcontract with workers outside the United States during the life of the contract, for the termination of the contract for noncompliance, as specified. The bill would specify the circumstances under which a contractor or the University of California or the California State University would be found to have violated a provision of the bill. The bill would define "displace" for purposes of the bill as the layoff, demotion, involuntary transfer to a new classification or location, or time base reduction of an employee of the University of California or the California State University, under specified conditions. The bill would specify that nothing in its provisions would preclude the University of California and the California State University from contracting with a contractor or subcontractor that utilizes workers in offshore operations in circumstances that do not directly result in the displacement of an employee of the University of California or the California State University. The bill would specify that these provisions do not apply to contracts relating to study abroad programs, or to international teaching, research, or public service activities and projects, conducted by the University of California or the California State University. By requiring contractors and subcontractors to make certifications under penalty of perjury, this bill would create a new crime and thereby impose a state-mandated local program. (2) 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 844, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 59. Noes 19. Page 3316.).

  5. Assembly Rule 77(a) suspended. (Ayes 54. Noes 25. Page 3255.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 15 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 6. Page 2782.).

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

  12. From committee: Amend, and do pass as amended. (Ayes 6. Noes 1.) (September 1).

  13. In committee: Referred to APPR. suspense file.

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

  15. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 5).

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

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

  18. Referred to Com. on ED.

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

  20. Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 18. Page 1778.)

  21. Read second time. Ordered to third reading.

  22. From committee: Do pass. (Ayes 14. Noes 3.) (May 10).

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (April 26). Re-referred to Com. on APPR.

  24. Re-referred to Com. on A. & A.R.

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

  26. From committee: Do pass and re-refer to Com. on A. & A.R. (Ayes 8. Noes 4.) (April 18). Re-referred to Com. on A. & A.R.

  27. Re-referred to Com. on HIGHER ED.

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

  29. Referred to Coms. on HIGHER ED. and A. & A.R.

  30. From printer. May be heard in committee March 19.

  31. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • McCarty

Co-sponsors (3)

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

AB 848 McCarty Concurrence in Senate Amendments

Passed 59 Yea · 19 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 431401
Democratic 15000
Republican 1500
Total 591901
% of votes cast 75%24%0%1%
How each member voted (79)
Member Party Vote
Bigelow — Nay
Holden — Yea
Maienschein — Yea
Mathis — Nay
Medina — Yea
Nazarian — Yea
Weber — Yea
Eggman — Not Voting
Burke — Yea
Chau — Yea
Chu — Yea
Frazier — Yea
Gloria — Yea
Low — Yea
Mullin — Yea
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Wood — Yea
Gonzalez Fletcher — Yea
Salas — Yea
Gray — Yea
Acosta — Yea
Bloom — Yea
Brough — Yea
Bocanegra — Yea
Rubio — Yea
Friedman — Yea
Fong — Nay
Harper — Nay
Jones-Sawyer — Yea
Kiley — Nay
Levine — Yea
Mayes — Nay
Baker — Nay
Chiu — Yea
Chávez — Nay
Cooley — Yea
Cooper — Yea
McCarty — Yea
Melendez — Nay
O'Donnell — Yea
Obernolte — Nay
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Nay
Voepel — Nay
Waldron — Nay
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Nay
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 Yea
Lackey, Tom Republican Nay

Official roll call →

AB 848 MCCARTY Assembly Third Reading

Passed 59 Yea · 18 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 421302
Democratic 15100
Republican 2401
Total 591803
% of votes cast 74%23%0%4%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Nay
Brough — Yea
Harper — Nay
Holden — Yea
Jones-Sawyer — Yea
Mathis — Nay
Obernolte — Nay
Quirk — Yea
Santiago — Yea
Ting — Yea
Waldron — Yea
Eggman — Not Voting
Cunningham — Yea
Daly — Yea
Frazier — Yea
Friedman — Yea
Gloria — Yea
Burke — Yea
Low — Yea
Rubio — Yea
Medina — Yea
Salas — Yea
Bocanegra — Yea
Bloom — Yea
Chiu — Yea
Chu — Yea
Cooper — Yea
Mullin — Yea
O'Donnell — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Weber — Yea
Wood — Yea
Gray — Yea
Chau — Not Voting
Gonzalez Fletcher — Yea
Gomez — Yea
Kiley — Nay
Levine — Yea
Maienschein — Nay
Mayes — Nay
McCarty — Yea
Baker — Nay
Chávez — Nay
Cooley — Yea
Dababneh — Yea
Melendez — Nay
Nazarian — Yea
Rendon — Yea
Rodriguez — Yea
Steinorth — Nay
Voepel — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Nay
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
Fong, Mike Democratic Nay
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 Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Yea
Lackey, Tom Republican Nay
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 14 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9200
Democratic 4100
Republican 1000
Total 14300
% of votes cast 82%18%0%0%
How each member voted (17)
Member Party Vote
Bloom — Yea
Brough — Yea
Eggman — Yea
Chau — Yea
Friedman — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Bigelow — Nay
Obernolte — Nay
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Nay
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

labor education
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Frequently asked questions

What does AB 848 do?
(1) Existing law requires a state agency to comply with specified procedures in awarding agency contracts. Existing law, with specified exceptions, prohibits a state agency authorized to enter into contracts relating to public benefit programs from contracting for services provided by a call center that directly serves applicants for, recipients of, or enrollees in, those public benefit programs with a contractor or subcontractor unless that contractor or subcontractor certifies in its bid for the contract that the contract, and any subcontract performed under that contract, will be performed solely with workers employed in California. Existing law imposes a civil penalty, as provided, for knowingly providing false information in that certification. Existing law also requires the contract to include a clause providing for a right by the state to terminate the contract for noncompliance and specified penalties, if the contractor or subcontractor performs the contract or the subcontract with workers not employed in California during the life of the contract. This bill would prohibit, on or after July 1, 2017, the University of California and the California State University from contracting for services with a contractor or subcontractor unless that contractor or subcontractor certifies, under penalty of perjury, in his or her bid for that contract that the contract, and any subcontract performed under that contract, will be performed solely with workers within the United States or describes in his or her bid any parts of the work that will be performed by workers outside of the United States. The bill would prohibit the University of California and the California State University from expending funds for training for service contract employees located in foreign countries or for training for service contract employees who plan to relocate to a foreign country as part of the service contract, if that service contract displaces an employee of the University of California or the California State University. The bill would require a contract entered into pursuant to the bill to provide, in the event a contractor or subcontractor performs the contract or the subcontract with workers outside the United States during the life of the contract, for the termination of the contract for noncompliance, as specified. The bill would specify the circumstances under which a contractor or the University of California or the California State University would be found to have violated a provision of the bill. The bill would define "displace" for purposes of the bill as the layoff, demotion, involuntary transfer to a new classification or location, or time base reduction of an employee of the University of California or the California State University, under specified conditions. The bill would specify that nothing in its provisions would preclude the University of California and the California State University from contracting with a contractor or subcontractor that utilizes workers in offshore operations in circumstances that do not directly result in the displacement of an employee of the University of California or the California State University. The bill would specify that these provisions do not apply to contracts relating to study abroad programs, or to international teaching, research, or public service activities and projects, conducted by the University of California or the California State University. By requiring contractors and subcontractors to make certifications under penalty of perjury, this bill would create a new crime and thereby impose a state-mandated local program. (2) 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 848?
AB 848 is sponsored by Lara, McCarty, Wiener, Scott D. (Democratic), and Mark Stone.
What is the current status of AB 848?
This bill has been enacted into law. Introduced February 16, 2017. Enacted.
Where can I track AB 848?
Track AB 848 free on One Click Politics — get push/email alerts when it moves.

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