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

SB 338 — Joint and several liability of port drayage motor carrier customers: health and safety violations: prior offenders: liability owed to the state.

Last action — Chaptered by Secretary of State. Chapter 333, Statutes of 2021.

  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 08, 2021. Enacted.

Prognosis

Likely to advance 76% · 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.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • 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 requires the Division of Labor Standards Enforcement to post on its internet website a list of port drayage motor carriers with unsatisfied court judgments, tax assessments, tax liens, or any order, decision, or award finding that the port drayage motor carrier has engaged in illegal conduct including failure to pay wages, imposing unlawful expenses on employees, and other labor violations. Existing law prohibits the division from placing the information on the internet website until the period for all judicial appeals has expired. Existing law requires the division to remove a posting within 15 business days after the division determines there has been payment or settlement of the unsatisfied judgment, as specified. Existing law, except as specified, imposes joint and several liability on the port drayage motor carrier and any customer that obtained port drayage services after the date the port drayage motor carrier appeared on the division's list for all civil legal responsibility and liability owed to a port drayage driver, including unpaid wages, unreimbursed expenses, and damages and penalties that are due, as specified. This bill would require the Division of Labor Standards Enforcement to post the information for a port drayage motor carrier that is a prior offender, as defined, with a subsequent judgment, ruling, citation, order, decision, or award finding a violation of a labor or employment law or regulation, even if all periods for appeals have not expired. The bill would require the division to post the information only if it is provided to the division in a format acceptable to the division. This bill would require the Division of Labor Standards Enforcement, if it receives notice that a prior offender that is listed on the division's internet webpage has subsequently prevailed on appeal, to remove the posting for the prior offender within 15 business days after determining that there remains no other basis upon which to retain the prior offender's information on the internet webpage. The bill would also require the division to remove a posting within 15 business days after the division determines, first, that there has been payment or settlement of the unsatisfied judgment or any other financial liabilities and, second, that the port drayage motor carrier has submitted certification, under penalty of perjury, that all identified violations have been remedied or abated and, after the division issues certain regulations, sufficient documentation that all violations have been remedied or sufficiently abated, as specified. By expanding the crime of perjury, this bill would impose a state-mandated local program. This bill would expand the liability of a customer of a listed port drayage motor carrier to also include the civil legal responsibility and civil liability owed to the state for port drayage services obtained after the date the motor carrier appeared on the prior offender list. The bill would add, in this regard, potential responsibility and liability for employment tax assessments issued by the state and civil liability stemming from the motor carrier's failure to comply with applicable health and safety laws, rules, or regulations. 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 333, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Assembly amendments concurred in. (Ayes 28. Noes 9. Page 2556.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 60. Noes 18. Page 2915.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

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

  11. From committee: Do pass as amended. (Ayes 12. Noes 4.) (August 26).

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

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

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (July 13).

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

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

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

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

  19. Read third time. Passed. (Ayes 29. Noes 9. Page 1330.) Ordered to the Assembly.

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 5. Noes 2. Page 1188.) (May 20).

  22. Set for hearing May 20.

  23. May 3 hearing: Placed on APPR suspense file.

  24. Set for hearing May 3.

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

  26. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 859.) (April 20).

  27. Set for hearing April 20.

  28. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1. Page 671.) (April 5). Re-referred to Com. on JUD.

  29. Set for hearing April 5.

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

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

  32. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  33. (Ayes 32. Noes 4.)

  34. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  35. Referred to Com. on RLS.

  36. From printer. May be acted upon on or after March 11.

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

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 14 voted No

Sponsors (1)

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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 SB338 Gonzalez et al. Concurrence

Passed 28 Yea · 9 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 11002
Unaffiliated 17501
Republican 0400
Total 28903
% of votes cast 70%23%0%8%
How each member voted (40)
Member Party Vote
Bradford — Yea
Portantino — Yea
Newman — Yea
Dodd — Yea
Kamlager — Yea
Min — Yea
Hueso — Yea
Roth — Yea
Rubio — Yea
Skinner — Yea
Hertzberg — Yea
Wieckowski — Yea
Gonzalez — Yea
Pan — Yea
Leyva — Yea
Atkins — Yea
Glazer — Yea
Borgeas — Nay
Nielsen — Nay
Melendez — Nay
Bates — Nay
Wilk — Nay
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 Not Voting
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 Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

SB 338 Gonzalez Senate Third Reading By Carrillo

Passed 60 Yea · 18 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 26100
Unaffiliated 34901
Republican 0801
Total 601802
% of votes cast 75%23%0%3%
How each member voted (80)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Levine — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Burke — Yea
Cooper — Yea
Chau — Yea
Smith — Nay
Voepel — Nay
Waldron — Nay
Cunningham — Nay
Kiley — Nay
Mathis — Nay
Bigelow — Nay
Mayes — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
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 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 Nay
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
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6200
Democratic 6000
Republican 0200
Total 12400
% of votes cast 75%25%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Quirk — Yea
Chau — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Vince Fong — Nay
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 Nay
Davies, Laurie Republican Nay

Official roll call →

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

Passed 8 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6100
Democratic 2000
Republican 0200
Total 8300
% of votes cast 73%27%0%0%
How each member voted (11)
Member Party Vote
Holden — Yea
Chiu — Yea
Maienschein — Yea
Chau — Yea
Kiley — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Davies, Laurie Republican Nay
Gallagher, James Republican Nay

Official roll call →

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

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 2000
Republican 0101
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Jones-Sawyer — Yea
Lorena Gonzalez — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Ward, Christopher M. Democratic Yea
Flora, Heath Republican Not Voting
Seyarto, Kelly Republican Nay

Official roll call →

3rd Reading

Passed 29 Yea · 9 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 12001
Unaffiliated 17501
Republican 0400
Total 29902
% of votes cast 73%23%0%5%
How each member voted (40)
Member Party Vote
Glazer — Yea
Roth — Yea
Eggman — Yea
Gonzalez — Yea
Portantino — Yea
Bradford — Yea
Min — Yea
Hertzberg — Yea
Wieckowski — Yea
Leyva — Yea
Atkins — Yea
Newman — Yea
Hueso — Yea
Kamlager — Yea
Pan — Yea
Rubio — Yea
Dodd — Yea
Borgeas — Nay
Bates — Nay
Nielsen — Nay
Wilk — Nay
Melendez — Nay
Skinner — 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 Not Voting
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 Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Democratic 1000
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Kamlager — Yea
Portantino — Yea
Bradford — Yea
Bates — Nay
Laird, John Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Republican 1000
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Portantino — Yea
Bradford — Yea
Wieckowski — Yea
Kamlager — Yea
Bates — Not Voting
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]

Passed 9 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 3100
Republican 0100
Total 9200
% of votes cast 82%18%0%0%
How each member voted (11)
Member Party Vote
Hertzberg — Yea
Wieckowski — Yea
Gonzalez — Yea
Borgeas — Nay
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 Nay

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does SB 338 do?
Existing law requires the Division of Labor Standards Enforcement to post on its internet website a list of port drayage motor carriers with unsatisfied court judgments, tax assessments, tax liens, or any order, decision, or award finding that the port drayage motor carrier has engaged in illegal conduct including failure to pay wages, imposing unlawful expenses on employees, and other labor violations. Existing law prohibits the division from placing the information on the internet website until the period for all judicial appeals has expired. Existing law requires the division to remove a posting within 15 business days after the division determines there has been payment or settlement of the unsatisfied judgment, as specified. Existing law, except as specified, imposes joint and several liability on the port drayage motor carrier and any customer that obtained port drayage services after the date the port drayage motor carrier appeared on the division's list for all civil legal responsibility and liability owed to a port drayage driver, including unpaid wages, unreimbursed expenses, and damages and penalties that are due, as specified. This bill would require the Division of Labor Standards Enforcement to post the information for a port drayage motor carrier that is a prior offender, as defined, with a subsequent judgment, ruling, citation, order, decision, or award finding a violation of a labor or employment law or regulation, even if all periods for appeals have not expired. The bill would require the division to post the information only if it is provided to the division in a format acceptable to the division. This bill would require the Division of Labor Standards Enforcement, if it receives notice that a prior offender that is listed on the division's internet webpage has subsequently prevailed on appeal, to remove the posting for the prior offender within 15 business days after determining that there remains no other basis upon which to retain the prior offender's information on the internet webpage. The bill would also require the division to remove a posting within 15 business days after the division determines, first, that there has been payment or settlement of the unsatisfied judgment or any other financial liabilities and, second, that the port drayage motor carrier has submitted certification, under penalty of perjury, that all identified violations have been remedied or abated and, after the division issues certain regulations, sufficient documentation that all violations have been remedied or sufficiently abated, as specified. By expanding the crime of perjury, this bill would impose a state-mandated local program. This bill would expand the liability of a customer of a listed port drayage motor carrier to also include the civil legal responsibility and civil liability owed to the state for port drayage services obtained after the date the motor carrier appeared on the prior offender list. The bill would add, in this regard, potential responsibility and liability for employment tax assessments issued by the state and civil liability stemming from the motor carrier's failure to comply with applicable health and safety laws, rules, or regulations. 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 338?
SB 338 is sponsored by Gonzalez, Lena A. (Democratic) and Wendy Carrillo.
What is the current status of SB 338?
This bill has been enacted into law. Introduced February 08, 2021. Enacted.
Where can I track SB 338?
Track SB 338 free on One Click Politics — get push/email alerts when it moves.

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