California 2019-2020 Regular Session Status: Enacted

SB 229 — Discrimination: complaints: administrative review.

Last action — Chaptered by Secretary of State. Chapter 721, Statutes of 2019.

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

This bill has been enacted into law. Introduced February 07, 2019. 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 a person from discharging or otherwise discriminating, retaliating, or taking any adverse action against any employee or applicant for employment because the employee or applicant engaged in specified protected conduct. Existing law authorizes the Labor Commissioner to issue citations to persons determined to be responsible for violations. Existing law authorizes a person issued a citation to obtain review of the citation through various procedures, including requesting a hearing before a hearing officer for the commissioner and through a petition for a writ of mandate. Existing law requires a petitioner seeking a writ of mandate to first post a bond equal to the total amount of any minimum wages, liquidated damages, and overtime compensation. Existing law requires an employer who willfully refuses to comply with a final order pursuant to these provisions to pay prescribed civil penalties directly to the affected employee. This bill, among other things, would require the commissioner, within 10 days, to file a certified copy of a final citation, with the superior court for judicial enforcement in any county in which the person assessed the penalty has or had property or a place of business, unless the person cited requests an informal hearing to challenge the citation, as specified. The bill would require the clerk of the court to immediately enter judgment for the amount in the citation. The bill would authorize the commissioner to file a petition with the court for an order to show cause why injunctive and nonmonetary relief should not be ordered and to schedule a hearing, as specified. The bill would specify procedures for a person who does not contest the citation to transmit to the office of the Labor Commissioner the amount specified on the citation and to provide certification of compliance to the office that any other remedies ordered have been complied with. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. This bill would also require that the amount of the bond required to challenge a decision and order of the commissioner via a writ of mandate also include the amount of penalties and other monetary relief, as specified. The bill would authorize the commissioner to provide judicial enforcement by the same means as described above when the bond is not filed, when no mandate petition is filed or such a petition is dismissed or withdrawn, or when an employer refuses to comply with a final order issued pursuant to these provisions. 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 721, Statutes of 2019.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 31. Noes 9. Page 2500.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 58. Noes 13. Page 2964.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 13. Noes 4.) (August 21).

  9. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (June 25). Re-referred to Com. on APPR.

  11. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 12). Re-referred to Com. on JUD.

  12. Referred to Coms. on L. & E. and JUD.

  13. In Assembly. Read first time. Held at Desk.

  14. Read third time. Passed. (Ayes 31. Noes 6. Page 819.) Ordered to the Assembly.

  15. Read second time. Ordered to third reading.

  16. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  17. Set for hearing April 22.

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 653.) (April 9). Re-referred to Com. on APPR.

  19. Set for hearing April 9.

  20. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0. Page 466.) (March 27). Re-referred to Com. on JUD.

  21. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R.

  22. Set for hearing March 27.

  23. Referred to Coms. on L., P.E. & R. and JUD.

  24. From printer. May be acted upon on or after March 10.

  25. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Hertzberg · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

  • Hertzberg

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

Unfinished Business SB229 Hertzberg Concurrence

Passed 31 Yea · 9 Nay
Party YeaNayPresentNot Voting
Unaffiliated 21600
Democratic 10000
Republican 0300
Total 31900
% of votes cast 78%23%0%0%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Chang — Yea
Pan — Yea
Moorlach — Nay
Borgeas — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Mark Stone — 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 Nay

Official roll call →

SB 229 Hertzberg Senate Third Reading By Carrillo

Passed 58 Yea · 13 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 371104
Democratic 21001
Republican 0203
Total 581308
% of votes cast 73%16%0%10%
How each member voted (79)
Member Party Vote
Salas — Yea
Cooley — Yea
Smith — Yea
Diep — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Fong — Nay
Voepel — Nay
Brough — Nay
Kiley — Nay
Obernolte — Nay
Mathis — Nay
Bigelow — Nay
Melendez — Nay
Cunningham — Nay
Waldron — Nay
Mayes — Not Voting
Frazier — Not Voting
Gonzalez — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Nay
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 Not Voting
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
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 13 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 8401
Total 13401
% of votes cast 72%22%0%6%
How each member voted (18)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Quirk — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Fong — Nay
Brough — Nay
Obernolte — Nay
Bigelow — Nay
Eduardo Garcia — Not Voting
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6200
Democratic 3000
Republican 0001
Total 9201
% of votes cast 75%17%0%8%
How each member voted (12)
Member Party Vote
Chiu — Yea
Maienschein — Yea
Holden — Yea
Gonzalez — Yea
Chau — Yea
Obernolte — Nay
Kiley — Nay
Mark Stone — Yea
Kalra, Ash Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

3rd Reading

Passed 31 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 22500
Democratic 8001
Republican 1100
Total 31601
% of votes cast 82%16%0%3%
How each member voted (38)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Roth — Yea
Hill — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Chang — Yea
Pan — Yea
Moorlach — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Mark Stone — Nay
Archuleta, Bob Democratic Not Voting
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena 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
Grove, Shannon Republican Yea
Jones, Brian W. Republican Nay

Official roll call →

Subjects

civil-rights labor
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Frequently asked questions

What does SB 229 do?
Existing law prohibits a person from discharging or otherwise discriminating, retaliating, or taking any adverse action against any employee or applicant for employment because the employee or applicant engaged in specified protected conduct. Existing law authorizes the Labor Commissioner to issue citations to persons determined to be responsible for violations. Existing law authorizes a person issued a citation to obtain review of the citation through various procedures, including requesting a hearing before a hearing officer for the commissioner and through a petition for a writ of mandate. Existing law requires a petitioner seeking a writ of mandate to first post a bond equal to the total amount of any minimum wages, liquidated damages, and overtime compensation. Existing law requires an employer who willfully refuses to comply with a final order pursuant to these provisions to pay prescribed civil penalties directly to the affected employee. This bill, among other things, would require the commissioner, within 10 days, to file a certified copy of a final citation, with the superior court for judicial enforcement in any county in which the person assessed the penalty has or had property or a place of business, unless the person cited requests an informal hearing to challenge the citation, as specified. The bill would require the clerk of the court to immediately enter judgment for the amount in the citation. The bill would authorize the commissioner to file a petition with the court for an order to show cause why injunctive and nonmonetary relief should not be ordered and to schedule a hearing, as specified. The bill would specify procedures for a person who does not contest the citation to transmit to the office of the Labor Commissioner the amount specified on the citation and to provide certification of compliance to the office that any other remedies ordered have been complied with. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. This bill would also require that the amount of the bond required to challenge a decision and order of the commissioner via a writ of mandate also include the amount of penalties and other monetary relief, as specified. The bill would authorize the commissioner to provide judicial enforcement by the same means as described above when the bond is not filed, when no mandate petition is filed or such a petition is dismissed or withdrawn, or when an employer refuses to comply with a final order issued pursuant to these provisions. 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 SB 229?
SB 229 is sponsored by Hertzberg.
What is the current status of SB 229?
This bill has been enacted into law. Introduced February 07, 2019. Enacted.
Where can I track SB 229?
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