California 2019-2020 Regular Session Status: Enacted

AB 2658 — Occupational safety and health: hazards.

Last action — Chaptered by Secretary of State - Chapter 288, Statutes of 2020.

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  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 20, 2020. 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 law prohibits an employee from being laid off or discharged for refusing to perform work in violation of prescribed safety standards, where the violation would create a real and apparent hazard to the employee or fellow employees. Existing law creates a cause of action for wages for the time an employee laid off or discharged for such a refusal is without work as a result. Existing law defines the term "employment" for these and other purposes to exclude household domestic service. This bill, notwithstanding that definition or any other provision, for purposes of the hazard provisions, would define the term "employee" to include a domestic work employee, except for a person who performs household domestic service that is publicly funded, including publicly funded household domestic service provided to a recipient, client, or beneficiary with a share of cost in that service. The bill would make it a crime for a person, after receiving notice to evacuate or leave, to willfully and knowingly direct an employee to remain in, or enter, an area closed under prescribed provisions of law due to a menace to the public health or safety, including an employee employed for household domestic work, except as specified. For these purposes, the bill would state that the term employee includes a person who performs household domestic service that is publicly funded. The bill would also make conforming changes. 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 288, Statutes of 2020.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 67. Noes 0. Page 5428.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 8.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

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

  11. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 20).

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

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (August 11). Re-referred to Com. on APPR.

  14. In committee: Hearing postponed by committee.

  15. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R.

  16. Referred to Com. on L., P.E. & R.

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

  18. Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 2. Page 4770.)

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 17. Noes 0.) (June 3).

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

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (May 20). Re-referred to Com. on APPR.

  23. Re-referred to Com. on L. & E.

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

  25. Referred to Com. on L. & E.

  26. From printer. May be heard in committee March 22.

  27. Read first time. To print.

Sponsors

  • Burke · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Burke

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 2658 Burke Concurrence in Senate Amendments

Passed 67 Yea · 0 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 44007
Democratic 22000
Republican 1005
Total 670012
% of votes cast 85%0%0%15%
How each member voted (79)
Member Party Vote
Diep — Yea
Cunningham — Yea
Daly — Yea
Salas — Yea
Gray — Yea
Ting — Yea
Cooper — Yea
Levine — Yea
Nazarian — Yea
Jones-Sawyer — Yea
Mayes — Yea
Friedman — Yea
Wood — Yea
Rendon — Yea
Holden — Yea
Fong — Yea
Medina — Yea
Bloom — Yea
Waldron — Yea
Mullin — Yea
Rodriguez — Yea
Chiu — Yea
Burke — Yea
Maienschein — Yea
Weber — Yea
Kamlager — Yea
Santiago — Yea
Smith — Yea
Gonzalez — Yea
Quirk — Yea
Gloria — Yea
McCarty — Yea
Chu — Yea
Kiley — Yea
Low — Yea
O'Donnell — Yea
Chau — Yea
Obernolte — Yea
Cooley — Yea
Frazier — Not Voting
Bigelow — Not Voting
Eggman — Not Voting
Voepel — Not Voting
Brough — Not Voting
Mathis — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse 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
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Not Voting
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB2658 Burke By Mitchell

Passed 31 Yea · 8 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 21600
Democratic 10000
Republican 0201
Total 31801
% of votes cast 78%20%0%3%
How each member voted (40)
Member Party Vote
Morrell — Nay
Galgiani — Yea
Leyva — Yea
Bradford — Yea
Hill — Yea
Hertzberg — Yea
Hueso — Yea
Rubio — Yea
Allen — Yea
Pan — Yea
Monning — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Yea
Mitchell — Yea
Portantino — Yea
Glazer — Yea
Dodd — Yea
Beall — Yea
Roth — Yea
Chang — Yea
Atkins — Yea
Moorlach — Nay
Nielsen — Nay
Bates — Nay
Borgeas — Nay
Melendez — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5100
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Portantino — Yea
Bradford — Yea
Hill — Yea
Leyva — Yea
Wieckowski — Yea
Bates — Nay
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Bradford — Yea
Portantino — Yea
Wieckowski — Yea
Leyva — Yea
Bates — Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 2658 Burke Assembly Third Reading

Passed 72 Yea · 2 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 22000
Unaffiliated 46104
Republican 4101
Total 72205
% of votes cast 91%3%0%6%
How each member voted (79)
Member Party Vote
Holden — Yea
Maienschein — Yea
Friedman — Yea
Cooper — Yea
Smith — Yea
Kiley — Yea
Weber — Yea
Nazarian — Yea
Diep — Yea
Bigelow — Yea
Rendon — Yea
Rodriguez — Yea
McCarty — Yea
Low — Yea
Bloom — Yea
Burke — Yea
Daly — Yea
Cooley — Yea
Gloria — Yea
Mullin — Yea
Salas — Yea
Fong — Yea
Levine — Yea
Eggman — Yea
Medina — Yea
Waldron — Yea
Gonzalez — Yea
Wood — Yea
Kamlager — Yea
O'Donnell — Yea
Chiu — Yea
Chu — Yea
Cunningham — Yea
Jones-Sawyer — Yea
Ting — Yea
Gray — Yea
Chau — Yea
Santiago — Yea
Frazier — Yea
Obernolte — Yea
Mayes — Yea
Voepel — Nay
Quirk — Not Voting
Mathis — Not Voting
Brough — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse 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
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Nay
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 11000
Republican 0001
Total 17001
% of votes cast 94%0%0%6%
How each member voted (18)
Member Party Vote
Fong — Yea
McCarty — Yea
Voepel — Yea
Chau — Yea
Bloom — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Bigelow — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Not Voting

Official roll call →

Subjects

public-safety 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 AB 2658 do?
Existing law prohibits an employee from being laid off or discharged for refusing to perform work in violation of prescribed safety standards, where the violation would create a real and apparent hazard to the employee or fellow employees. Existing law creates a cause of action for wages for the time an employee laid off or discharged for such a refusal is without work as a result. Existing law defines the term "employment" for these and other purposes to exclude household domestic service. This bill, notwithstanding that definition or any other provision, for purposes of the hazard provisions, would define the term "employee" to include a domestic work employee, except for a person who performs household domestic service that is publicly funded, including publicly funded household domestic service provided to a recipient, client, or beneficiary with a share of cost in that service. The bill would make it a crime for a person, after receiving notice to evacuate or leave, to willfully and knowingly direct an employee to remain in, or enter, an area closed under prescribed provisions of law due to a menace to the public health or safety, including an employee employed for household domestic work, except as specified. For these purposes, the bill would state that the term employee includes a person who performs household domestic service that is publicly funded. The bill would also make conforming changes. 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 2658?
AB 2658 is sponsored by Burke.
What is the current status of AB 2658?
This bill has been enacted into law. Introduced February 20, 2020. Enacted.
Where can I track AB 2658?
Track AB 2658 free on One Click Politics — get push/email alerts when it moves.

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