California 2019-2020 Regular Session Status: Passed Assembly

AB 790 — Eligible employers: personal services contracts.

Last action — Died on unfinished business file, reconsideration pending.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law permits state agencies to enter into personal services contracts with firms when certain conditions are met. These conditions include requiring a state agency that enters into a personal services contract for janitorial and housekeeping services, custodians, food service workers, laundry workers, window cleaners, and security guards to include provisions for employee wages that are valued at least 85% of the state's cost of wages provided to state employees performing similar duties. Existing law provides for criminal and civil penalties for violations of specified statutes regarding payment of wages. This bill would require the Department of Industrial Relations to, by January 1, 2021, and annually thereafter, identify employers with a market capitalization of at least $1,000,000,000. The bill would require an eligible employer that enters into a personal services contract, as defined, on or after January 1, 2021, to provide the employees who will perform that contract with specified information regarding the employees' right to form or assist labor organizations as provided for by federal law. This bill would define terms for purposes of these provisions. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. 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. Died on unfinished business file, reconsideration pending.

  2. Motion to reconsider made by Assembly Member Levine.

  3. Read third time. Refused passage. (Ayes 37. Noes 24. Page 3913.).

  4. Assembly Rule 63 suspended. (Ayes 58. Noes 18. Page 3893.)

  5. Read second time. Ordered to third reading.

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

  7. From committee: Amend, and do pass as amended. (Ayes 11. Noes 6.) (January 23).

  8. In committee: Hearing postponed by committee.

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

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 24). Re-referred to Com. on APPR.

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

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

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

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

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

  16. From printer. May be heard in committee March 23.

  17. Read first time. To print.

Sponsors

  • Levine · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 11 voted No

Sponsors (1)

  • Levine

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 790 Levine Assembly Third Reading

Failed 37 Yea · 24 Nay · 19 Other
Party YeaNayPresentNot Voting
Unaffiliated 2615011
Democratic 11308
Republican 0600
Total 3724019
% of votes cast 46%30%0%24%
How each member voted (80)
Member Party Vote
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Santiago — Yea
Chiu — Yea
Holden — Yea
Eggman — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Levine — Yea
Low — Yea
Nazarian — Yea
Wood — Yea
Medina — Yea
Chu — Yea
McCarty — Yea
Weber — Yea
Fong — Nay
Brough — Nay
Kiley — Nay
Mayes — Nay
Mathis — Nay
Bigelow — Nay
Cooley — Nay
Cunningham — Nay
Diep — Nay
Voepel — Nay
Obernolte — Nay
Daly — Nay
Melendez — Nay
Waldron — Nay
Salas — Not Voting
Frazier — Not Voting
Smith — Not Voting
Rodriguez — Not Voting
Gray — Not Voting
Maienschein — Not Voting
Burke — Not Voting
Cooper — Not Voting
Rendon — Not Voting
Kamlager — Not Voting
O'Donnell — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Not Voting
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Nay
Irwin, Jacqui Democratic Nay
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Nay
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Wicks, Buffy 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 →

Do pass as amended.

Passed 11 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 4100
Unaffiliated 7401
Republican 0100
Total 11601
% of votes cast 61%33%0%6%
How each member voted (18)
Member Party Vote
Bloom — Yea
Eggman — Yea
Gonzalez — Yea
Quirk — Yea
Chau — Yea
Fong — Nay
Brough — Nay
Bigelow — Nay
Diep — Nay
Maienschein — Not Voting
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Nay
Rivas, Robert Democratic Yea
Dahle, Megan Republican Nay

Official roll call →

Subjects

labor
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Frequently asked questions

What does AB 790 do?
Existing law permits state agencies to enter into personal services contracts with firms when certain conditions are met. These conditions include requiring a state agency that enters into a personal services contract for janitorial and housekeeping services, custodians, food service workers, laundry workers, window cleaners, and security guards to include provisions for employee wages that are valued at least 85% of the state's cost of wages provided to state employees performing similar duties. Existing law provides for criminal and civil penalties for violations of specified statutes regarding payment of wages. This bill would require the Department of Industrial Relations to, by January 1, 2021, and annually thereafter, identify employers with a market capitalization of at least $1,000,000,000. The bill would require an eligible employer that enters into a personal services contract, as defined, on or after January 1, 2021, to provide the employees who will perform that contract with specified information regarding the employees' right to form or assist labor organizations as provided for by federal law. This bill would define terms for purposes of these provisions. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. 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 790?
AB 790 is sponsored by Levine.
What is the current status of AB 790?
This bill died with 2019-2020 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 790?
Track AB 790 free on One Click Politics — get push/email alerts when it moves.

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