California 2021-2022 Regular Session Status: Enacted Bipartisan · 2 D · 2 R cosponsors

SB 206 — Firefighters Procedural Bill of Rights Act: Department of Forestry and Fire Protection: temporary appointments.

Last action — Chaptered by Secretary of State. Chapter 722, Statutes of 2021.

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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 January 11, 2021. Enacted.

Prognosis

Likely to advance 96% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 D · 2 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 10 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, the Firefighters Procedural Bill of Rights Act, grants certain employment rights to firefighters, as defined. Under the act, when a firefighter is investigated and interrogated by the firefighter's commanding officer, or another member of the employing agency, on matters that could lead to punitive action, the interrogation must be conducted pursuant to certain requirements. The act defines "punitive action" for these purposes as any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment. Existing law excepts from the act any employee who has not successfully completed the probationary period established by the employee's employer as a condition of employment. The act prohibits taking punitive actions if the investigation of the allegation is not completed within one year of discovery by the employing fire department. Existing law authorizes the State Personnel Board to hold hearings and make investigations concerning all matters relating to the enforcement and effect of the state civil service and various related personnel issues. This bill would include within the definition of "firefighter" a temporary, seasonal firefighter employed by the Department of Forestry and Fire Protection. The bill would apply the Firefighters Procedural Bill of Rights Act to an employee of the Department of Forestry and Fire Protection who holds a temporary firefighter appointment and who has commenced employment in a 2nd consecutive fire season with the department even though the person holding the position does not serve a probationary period. Under the bill, if an investigation involves a Department of Forestry and Fire Protection employee holding a temporary appointment to a firefighter position, the above-described one-year period would be tolled during the period that the employee is not employed by the department until the date the employee is rehired for a subsequent fire season. The bill would prohibit a Department of Forestry and Fire Protection employee holding a temporary appointment to a firefighter position from being terminated for cause without a right to appeal the termination to the State Personnel Board, subject to the board's rules, and the would prescribe a process in this regard. Under the bill, if the board finds that cause for termination was not supported by a preponderance of the evidence or that the termination was made in bad faith, the employee would be entitled to reinstatement, as specified, but would not be entitled to back pay. The bill would prohibit these provisions from being construed to create a property interest in a temporary appointment to a firefighter position or to a permanent position. The bill would authorize the State Personnel Board to held hearings and investigations for these purposes.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 722, Statutes of 2021.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2526.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 73. Noes 0. Page 2819.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 16. Noes 0.) (August 26).

  11. August 19 set for first hearing. Placed on suspense file.

  12. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (July 6). Re-referred to Com. on APPR.

  13. From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (June 23). Re-referred to Com. on JUD.

  14. Referred to Coms. on P.E. & R. and JUD.

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

  16. Read third time. Passed. (Ayes 39. Noes 0. Page 1342.) Ordered to the Assembly.

  17. Ordered to special consent calendar.

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 7. Noes 0. Page 1183.) (May 20).

  20. Set for hearing May 20.

  21. April 19 hearing: Placed on APPR suspense file.

  22. Set for hearing April 19.

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

  24. From committee: Do pass as amended and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 590.) (March 23).

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

  26. Set for hearing March 23.

  27. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0. Page 406.) (March 8). Re-referred to Com. on JUD.

  28. Set for hearing March 8.

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

  30. From printer. May be acted upon on or after February 11.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 117 not signed on

Sponsors (1)

Co-sponsors (4)

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"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 SB206 McGuire et al. Concurrence

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 22001
Democratic 12001
Republican 4000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Bates — Yea
Kamlager — Yea
Wilk — Yea
Leyva — Yea
Rubio — Yea
Hertzberg — Yea
Pan — Yea
Bradford — Yea
Borgeas — Yea
Gonzalez — Yea
Skinner — Yea
Glazer — Yea
Melendez — Yea
Min — Yea
Portantino — Yea
Atkins — Yea
Dodd — Yea
Roth — Yea
Wieckowski — Yea
Hueso — Yea
Nielsen — Yea
Newman — Yea
Eggman — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

SB 206 McGuire Senate Third Reading By Flora

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 39005
Democratic 25002
Republican 9000
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Kiley — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Smith — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Gray — Not Voting
Levine — Not Voting
Bloom — Not Voting
Rendon — Not Voting
Voepel — Yea
Friedman — Yea
Cooley — Yea
Mathis — Yea
Bigelow — Yea
Chiu — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Not Voting
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Not Voting
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 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
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 6000
Republican 2000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Quirk — Yea
Bigelow — Yea
Chau — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Kalra, Ash Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Republican 2000
Democratic 2000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Chiu — Yea
Maienschein — Yea
Chau — Yea
Holden — Yea
Kiley — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Davies, Laurie Republican Yea
Gallagher, James Republican Yea

Official roll call →

Special Consent SB206

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 22001
Republican 4000
Democratic 13000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Roth — Yea
Eggman — Yea
Bates — Yea
Gonzalez — Yea
Portantino — Yea
Bradford — Yea
Min — Yea
Hertzberg — Yea
Borgeas — Yea
Skinner — Yea
Wieckowski — Yea
Leyva — Yea
Nielsen — Yea
Wilk — Yea
Atkins — Yea
Newman — Yea
Hueso — Yea
Kamlager — Yea
Pan — Yea
Rubio — Yea
Dodd — Yea
Melendez — Not Voting
Glazer — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Kamlager — Yea
Portantino — Yea
Bradford — Yea
Bates — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Bates — Yea
Bradford — Yea
Wieckowski — Yea
Portantino — Yea
Laird, John 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] with the recommendation: To Consent Calendar

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 4000
Republican 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Hertzberg — Yea
Borgeas — Yea
Gonzalez — Yea
Wieckowski — Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John 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 →

Subjects

public-safety labor
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Frequently asked questions

What does SB 206 do?
Existing law, the Firefighters Procedural Bill of Rights Act, grants certain employment rights to firefighters, as defined. Under the act, when a firefighter is investigated and interrogated by the firefighter's commanding officer, or another member of the employing agency, on matters that could lead to punitive action, the interrogation must be conducted pursuant to certain requirements. The act defines "punitive action" for these purposes as any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment. Existing law excepts from the act any employee who has not successfully completed the probationary period established by the employee's employer as a condition of employment. The act prohibits taking punitive actions if the investigation of the allegation is not completed within one year of discovery by the employing fire department. Existing law authorizes the State Personnel Board to hold hearings and make investigations concerning all matters relating to the enforcement and effect of the state civil service and various related personnel issues. This bill would include within the definition of "firefighter" a temporary, seasonal firefighter employed by the Department of Forestry and Fire Protection. The bill would apply the Firefighters Procedural Bill of Rights Act to an employee of the Department of Forestry and Fire Protection who holds a temporary firefighter appointment and who has commenced employment in a 2nd consecutive fire season with the department even though the person holding the position does not serve a probationary period. Under the bill, if an investigation involves a Department of Forestry and Fire Protection employee holding a temporary appointment to a firefighter position, the above-described one-year period would be tolled during the period that the employee is not employed by the department until the date the employee is rehired for a subsequent fire season. The bill would prohibit a Department of Forestry and Fire Protection employee holding a temporary appointment to a firefighter position from being terminated for cause without a right to appeal the termination to the State Personnel Board, subject to the board's rules, and the would prescribe a process in this regard. Under the bill, if the board finds that cause for termination was not supported by a preponderance of the evidence or that the termination was made in bad faith, the employee would be entitled to reinstatement, as specified, but would not be entitled to back pay. The bill would prohibit these provisions from being construed to create a property interest in a temporary appointment to a firefighter position or to a permanent position. The bill would authorize the State Personnel Board to held hearings and investigations for these purposes.
Who sponsors SB 206?
SB 206 is sponsored by McGuire, Mike (Democratic), Limón, Monique (Democratic), Flora, Heath (Republican), Wood, and Dahle, Megan (Republican).
What is the current status of SB 206?
This bill has been enacted into law. Introduced January 11, 2021. Enacted.
Where can I track SB 206?
Track SB 206 free on One Click Politics — get push/email alerts when it moves.

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