California 2021-2022 Regular Session Status: Passed Assembly 2 D cosponsors

AB 983 — Employee obligations: exclusivity options.

Last action — From committee: Do pass and re-refer to Com. on JUD. (Ayes 3. Noes 1.) (June 22). Re-referred to Com. on JUD.

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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 2021-2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, except as specified, prohibits enforcement of a personal service contract beyond 7 years from the commencement of service under the contract. Under existing law, an employee who is a party to a contract to render personal services in the production of specified phonorecords is prohibited from invoking this provision without first giving written notice to the employer that the employee, from and after a specified date, will no longer render service under the contract by reason of the above provision. Existing law specifies that a party to a contract to render personal services in the production of specified phonorecords may still pursue an action for certain damages. This bill would authorize any music talent who is a party to a contract to render personal services in the production of specified phonorecords to invoke that limitation by giving written notice and paying a third party any contractual advances actually paid by the third party, as specified. The bill would repeal the provisions related to damages. This bill would prohibit a contract for the exclusive personal services of a music talent, as defined, from containing a term that includes option periods that extend more than 12 months after the initial commercial release of the applicable music product. The bill would authorize a music talent, if their option has not been formally exercised within that time period, to terminate at any time their personal services agreement by sending notice to the contracting party. This bill would prohibit the waiver of any of its provisions in an individual contract negotiation, a collective bargaining agreement, or other agreement. The bill would provide that it voids any provision in a contract that would deprive an employee or music talent of its protections.

Bill Text

Action History

  1. From committee: Do pass and re-refer to Com. on JUD. (Ayes 3. Noes 1.) (June 22). Re-referred to Com. on JUD.

  2. 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.

  3. Re-referred to Coms. on L., P.E. & R. and JUD.

  4. Re-referred to Com. on RLS.

  5. Withdrawn from committee.

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

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

  8. From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 11. Noes 3.) (June 22). Re-referred to Com. on GOV. & F.

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

  10. Referred to Coms. on G.O. and GOV. & F.

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

  12. Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 13. Page 1401.)

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 12. Noes 3.) (May 5).

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 22). Re-referred to Com. on APPR.

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

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

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

  19. From printer. May be heard in committee March 21.

  20. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 9 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

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"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

[First] hearing set for [06-29-2022]: Failed passage in Committee. Reconsideration granted

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 7000
Republican 1000
Unaffiliated 2001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Hertzberg — Yea
Wieckowski — Yea
Borgeas — Not Voting
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Failed 4 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 4003
Republican 0100
Unaffiliated 0003
Total 4106
% of votes cast 36%9%0%55%
How each member voted (11)
Member Party Vote
Hertzberg — Not Voting
Wieckowski — Not Voting
Borgeas — Not Voting
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
McGuire, Mike Democratic Not Voting
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Not Voting
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Do pass, but first be re-referred to the Committee on [Governance and Finance]

Passed 11 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8201
Democratic 3000
Republican 0100
Total 11301
% of votes cast 73%20%0%7%
How each member voted (15)
Member Party Vote
Portantino — Yea
Dodd — Yea
Kamlager — Yea
Wilk — Yea
Glazer — Yea
Hueso — Yea
Bradford — Yea
Rubio — Yea
Borgeas — Nay
Nielsen — Nay
Melendez — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

AB 983 Eduardo Garcia Assembly Third Reading

Passed 57 Yea · 13 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 33503
Democratic 23103
Republican 1702
Total 571308
% of votes cast 73%17%0%10%
How each member voted (78)
Member Party Vote
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Mayes — Yea
Nazarian — Yea
Wood — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Levine — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Burke — Yea
Cooper — Yea
Chau — Yea
Smith — Nay
Voepel — Nay
Kiley — Nay
Mathis — Nay
Bigelow — Nay
Gray — Not Voting
Cunningham — Not Voting
Ting — Not Voting
Bloom — Yea
Friedman — Yea
Cooley — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Fong, Mike Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Nay
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
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Not Voting
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6100
Democratic 6001
Republican 0200
Total 12301
% of votes cast 75%19%0%6%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Chau — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Berman, Marc Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Not Voting
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 983 do?
Existing law, except as specified, prohibits enforcement of a personal service contract beyond 7 years from the commencement of service under the contract. Under existing law, an employee who is a party to a contract to render personal services in the production of specified phonorecords is prohibited from invoking this provision without first giving written notice to the employer that the employee, from and after a specified date, will no longer render service under the contract by reason of the above provision. Existing law specifies that a party to a contract to render personal services in the production of specified phonorecords may still pursue an action for certain damages. This bill would authorize any music talent who is a party to a contract to render personal services in the production of specified phonorecords to invoke that limitation by giving written notice and paying a third party any contractual advances actually paid by the third party, as specified. The bill would repeal the provisions related to damages. This bill would prohibit a contract for the exclusive personal services of a music talent, as defined, from containing a term that includes option periods that extend more than 12 months after the initial commercial release of the applicable music product. The bill would authorize a music talent, if their option has not been formally exercised within that time period, to terminate at any time their personal services agreement by sending notice to the contracting party. This bill would prohibit the waiver of any of its provisions in an individual contract negotiation, a collective bargaining agreement, or other agreement. The bill would provide that it voids any provision in a contract that would deprive an employee or music talent of its protections.
Who sponsors AB 983?
AB 983 is sponsored by Kalra, Ash (Democratic) and Garcia, Robert (Democratic).
What is the current status of AB 983?
This bill died with 2021-2022 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 983?
Track AB 983 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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