California 2021-2022 Regular Session Status: Enacted

SB 191 — Employment.

Last action — Chaptered by Secretary of State. Chapter 67, Statutes of 2022.

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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 08, 2021. 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 3 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

(1) Existing law generally grants public employees the right to join employee organizations and to be represented by those organizations in their employment relation. Existing law requires specified public employers to provide exclusive employee representatives access to new employee orientations, as defined. Existing law prescribes certain requirements in this regard, while providing that the structure, time, and manner of exclusive representative access be determined through mutual agreement between the employer and the exclusive representative. This bill would, until June 31, 2025, require that an exclusive representative be entitled to schedule an inperson meeting at the worksite during employment hours, if a public employer has not conducted an inperson new employee orientation within 30 days, as specified. The bill would require that newly hired employees be relieved of other duties in order to attend the meeting, during which an exclusive representative would be authorized to communicate with newly hired employees in the applicable bargaining unit for up to 30 minutes on paid time. The bill would require employers to provide appropriate onsite meeting space within 7 calendar days of receiving a request from an exclusive bargaining representative. The bill would authorize an exclusive representative to schedule multiple meetings or schedule a meeting or meetings once the order is lifted or modified, if the state or a local public health agency issues an order limiting the size of gatherings or prohibiting gatherings, as specified. The bill would generally authorize the employer and the exclusive representative, through mutual agreement, to waive or modify these and other specified requirements. (2) Existing law creates the Division of Labor Relations within the Department of Human Resources, the function of which is to represent the Governor in labor negotiations with representatives of recognized employee organizations, as specified. Existing law authorizes the Governor to appoint up to 10 labor relations officers who are exempt from the civil service. This bill would increase the number of labor relations officers that the Governor is authorized to appoint to 12. The bill would prohibit the additional 2 appointments from resulting in an increase in the authorized expenditures of the department. (3) The Public Employees' Retirement Law (PERL) creates the Public Employees' Retirement System (PERS) for the purpose of providing pension and benefits to state employees and their beneficiaries and prescribes the rights and duties of employers participating in the system. Under PERL, benefits are funded by investment income and employer and employee contributions, which are deposited into the Public Employees' Retirement Fund, a continuously appropriated trust fund administered by the system's board of administration. PERL prescribes methods for the calculation and payment of the state employer contribution for its employees who are PERS members. PERL provides for an annual adjustment of the state's contribution in the budget and quarterly appropriations to the Public Employees' Retirement Fund from the General Fund and other funds that are responsible for payment of the employer contribution. Existing law makes additional supplemental General Fund appropriations to the Public Employees' Retirement Fund for the 2020–21 and 2021–22 fiscal years. Supplemental payments connected with appropriations for the 2020–21 and 2021–22 fiscal years are to be apportioned to the state employee member categories generally, as directed by the Department of Finance, and to specified state employee member categories, including to the state miscellaneous member category, the industrial member category, the state safety member category, and the state peace officer/firefighter member category. The California Constitution establishes the Budget Stabilization Account in the General Fund and requires the Controller, in each fiscal year, to transfer from the General Fund to the Budget Stabilization Account amounts that include a sum equal to 1.5% of the estimated amount of General Fund revenues for that fiscal year. These provisions further require, until the 2029–30 fiscal year, that the Legislature appropriate a percentage of these moneys, the amount of which is generated pursuant to specified calculations, for certain obligations and purposes, including addressing unfunded liabilities for state-level pension plans. This bill would appropriate $2,925,000,000 from the General Fund for the purposes identified in the constitutional provisions described above, to supplement the state's appropriation to the Public Employees' Retirement Fund. The bill would specify that this appropriation represents a portion of the amount identified in a specific provision of the Budget Act of 2022. The bill would require the Department of Finance to provide the Controller with a schedule establishing the timing of specific transfers. The bill would require the supplemental payment to the Public Employees' Retirement Fund to be apportioned to specified state employee member categories, not to exceed $1,333,958,000 to the state miscellaneous member category, $81,612,000 to the state industrial member category, $171,392,000 to the state safety member category, and $1,338,038,000 to the state peace officer/firefighter member category. The bill would require the appropriation described above to be applied to the unfunded state liabilities for the state employee member categories that are in excess of the base amounts for the 2022–23 fiscal year. This bill would additionally correct erroneous cross-references in existing supplemental retirement appropriation provisions. (4) Existing law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency. Existing law provides that one of the functions of the department is to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. Existing law, the Shelley-Maloney Apprentice Labor Standards Act of 1939, authorizes a joint apprenticeship committee, unilateral management or labor apprenticeship committee, or an individual employer to administer an apprenticeship program, as prescribed. Existing law requires the department to conduct an annual survey of the ethnic derivation of the individuals who are parties to apprentice agreements pursuant to that provision. This bill would require the annual survey to additionally include the gender of the individuals who are parties to those apprentice agreements. This bill would, upon appropriation by the Legislature, require the department to establish a Women in Construction Priority Unit, to be overseen by the Director of Industrial Relations, to coordinate and help ensure collaboration across the department's divisions, and maximize state and federal funding to support women and nonbinary individuals in the construction workforce. The bill would set forth the duties of the unit and would require the director, upon appropriation by the Legislature, to assist with the establishment of the unit by convening, by July 1, 2023, an advisory committee with specified representatives to make recommendations to advance the unit's objectives. (5) Existing law, regulates employment and supervision. Existing law makes a garment manufacturer, contractor, or brand guarantor, as defined, who contracts with another person for the performance of garment manufacturing operations jointly and severally liable with a manufacturer and contractor who performs those operations for the garment manufacturer or brand guarantor for, among other things, the full amount of unpaid wages, and any other compensation, including interest, due to an employee who performed manufacturing operations, as specified. Existing law also makes a garment manufacturer or contractor liable for the full amount of damages and penalties, including interest, due to an employee for a violation of those provisions. Existing law authorizes an employee to enforce these provisions solely by filing a specified claim with the Labor Commissioner, and requires the Labor Commissioner to follow a specified procedure with respect to the claim. Under this bill, damages would include liquidated damages in an amount equal to the wages unlawfully withheld and liquidated damages in an amount equal to the unpaid overtime compensation due, as specified, and would extend that liability to damages and penalties due to violations of the Labor Code. The bill would refine the definition of "brand guarantor" to mean a person contracting for the performance of garment manufacturing, regardless of whether the person with whom they contract performs the manufacturing operations or hires contractors or subcontractors to perform the manufacturing operations. The bill would make related clarifying changes. Existing law requires the Labor Commissioner to deposit a specified amount of the registration fees from every person engaged in the business of garment manufacturing registered with the commissioner into a separate account disbursed only to persons determined by the commissioner to have been damaged by the failure to pay wages and benefits by any manufacturer, brand guarantor, or contractor. Existing law requires that any disbursed funds subsequently recovered by the Labor Commissioner, as specified, be returned to the separate account. The bill would correct an erroneous cross-reference contained in the provisions relating to returning funds to the separate account. (6) Existing law establishes within the Department of Industrial Relations the Division of Apprenticeship Standards to administer and enforce laws relating to apprenticeships, including evaluating and approving apprenticeship programs. Existing law requires the division to evaluate apprenticeship and preapprenticeship programs to ensure, among other things, the program evaluated is complying with apprenticeship standards, and to take specified actions to correct deficiencies. This bill would require the division to also evaluate the program to ensure funds received were properly obtained and are being appropriately expended. The bill would authorize the division to initiate a deregistration process to withdraw state approval if the program has willfully violated the laws, regulations, or orders governing apprenticeship programs, among other things, and to suspend registration of new apprenticeship agreements in accordance with specified notice and procedural requirements. Existing law authorizes the division to investigate and determine whether an evaluation of the program is necessary if the division finds evidence that information provided by a building and construction trades or firefighter apprenticeship program has been purposefully misstated, and requires the division to report its findings to the California Apprenticeship Council. This bill would also authorize the division to investigate and determine whether deregistration is necessary, and would authorize the division to investigate and determine whether evaluation or deregistration is necessary for programs other than building and construction trades or firefighter apprenticeship programs. The bill would require the division to report its findings for programs other than building and construction trades and firefighting programs to the Interagency Advisory Committee on Apprenticeship. The bill would make certain provisions requiring the division to schedule an evaluation upon making specified determinations applicable to other apprenticeship programs instead of only building and construction trades or firefighting apprenticeship programs. This bill would authorize the division to fund apprenticeship and preapprenticeship programs through grants, reimbursements, or appropriate funding mechanisms other than contracts for any purpose consistent with the provisions regulating apprenticeships, would exclude the grants from specified public contracting requirements, would authorize the division to enter into contracts or interagency agreements, and would authorize the division to apply for, receive, and use federal funding for the administration of its functions, as specified. This bill would require the Chief of the Division of Apprenticeship Standards, the California Apprenticeship Council, and the Interagency Advisory Committee on Apprenticeship to each separately annually report through the Director of Industrial Relations to the Legislature and the public on their activities, as specified. Existing law authorizes the division to obtain an injunction in any case in which a person willfully violates any of the laws, regulations, or orders governing apprenticeship programs. This bill would require the division to be awarded reasonable attorney's fees and costs in seeking an injunction, and would also authorize the division to obtain an injunction in any case in which a person willfully violated requirements for funding provided to apprenticeship programs and associated entities. This bill would establish the Apprenticeship Innovation Funding Program, which would be operative and implemented only upon appropriation of funds by the Legislature. The bill would require the division to administer the program, which would provide grants, reimbursements, or other funding for the support of an apprenticeship program or training of apprentices. The bill would authorize an apprenticeship program or eligible entity, as specified, to submit an application to the division to request funds in a manner specified by the division, and would identify specified entities that have registered apprentices with the division as "eligible entities," including public educational institutions, labor organizations, and industry associations, among others. The bill would authorize the division, upon application of an apprenticeship program or eligible entity, to provide support funds to organize, run, and sustain an apprenticeship program in an amount determined by the division and would specify factors to be considered by the division in determining the amount. The bill would specify eligible activities for using support funds, including employer outreach, support, onboarding, and management, among others. The bill would authorize the division to provide training funds either directly to public educational institutions for the training of apprenticeships or to apprenticeship programs that meet specified criteria, and would specify eligible activities for using training funds, including development of courses and classroom instruction, among others. The bill would make other technical and nonsubstantive changes. This bill would establish the Youth Apprenticeship Grant Program, which would become operative and implemented only upon appropriation of funds from the Legislature. The bill would require the division to administer the program, which would provide grants for the purpose of providing funding for existing apprenticeship and preapprenticeship programs or to develop new apprenticeship and preapprenticeship programs to serve the target population and satisfy the goals and objectives of the grant program, as specified. The bill would authorize the grant funds to be used for eligible purposes, as specified. The bill would require grant proposals to include, among other things, the knowledge, experience, and capacity to provide services to the target population, as defined, and the industries and career pathways targeted. The bill would require the program to collect, analyze, and report specified program data on race, gender, income, rurality, ability, foster youth, homeless youth, English language learner, and other key characteristics. The bill would require the division to monitor and audit grant recipients to ensure compliance with policies, procedures, and requirements for use of the grant funds. The bill would require the Chief of the Division of Apprenticeship Standards to convene a committee to develop recommendations, of specified topics, to the division on the expansion of youth apprenticeships in California. (7) Existing law establishes the Employment Development Department within the Labor and Workforce Development Agency and sets forth its powers and duties, including job creation activities, computation of benefits, and determination of contribution rates and collection of contributions for benefits. Existing law requires the department to serve various notices, including a notice of determination of eligibility for benefits, personally or by mail. This bill would, instead, authorize the department to serve notices personally, electronically, by mail, or in any other manner the department elects. The bill would specify that service is deemed completed on the date on which the notice is sent, mailed, or emailed, unless a notice is personally served, in which case service is deemed completed on the date on which the notice is delivered. The bill would make conforming changes. (8) This bill would establish the Displaced Oil and Gas Worker Pilot Program, to be administered by the Employment Development Department, for the purpose of addressing employment dislocations associated with oil, glass, and related industries. The bill would require the department, using funds to be appropriated by the Legislature for purposes of the program, to award grants on a competitive basis to qualified applicants, including public and private nonprofit organizations and local workforce development areas, among other entities, for specified eligible activities, including labor market information, career exploration activities, and high school diploma and GED acquisition. The bill would require the department to develop criteria for the selection of grant recipients, including an organization's experience in providing services, consistent with the objectives of the program, to the target population. The bill would establish criteria for the evaluation of grant recipients, including the ability of individuals to transition into or be integrated into the broader workforce and education system. The bill would require a grant recipient to provide necessary information to the department for purposes of monitoring program performance measures and to participate in grant technical assistance and evaluation, as specified. The bill would set forth related findings and declarations of the Legislature. The bill would repeal the bill's provisions on July 1, 2027. (9) Existing law authorizes the Employment Development Department to exchange information with other governmental departments and agencies that are concerned with the administration of unemployment insurance, and with other departments or agencies of government as necessary for the administration of provisions relating to unemployment and disability compensation, as specified. This bill would, instead, provide that the department is authorized to exchange information with federal, state, or local governmental departments and agencies that are concerned with the administration of unemployment or disability insurance, and with other federal, state, or local departments or agencies of government as necessary for the administration of provisions relating to unemployment and disability compensation, as specified. (10) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 67, Statutes of 2022.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 10:10 a.m.

  4. Assembly amendments concurred in. (Ayes 28. Noes 2. Page 4537.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 60. Noes 14. Page 5599.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. Ordered to second reading.

  9. Withdrawn from committee.

  10. (Ayes 57. Noes 18. Page 5550.)

  11. Assembly Rules suspended.

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

  13. (Corrected May 14).

  14. Referred to Com. on BUDGET.

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

  16. Read third time. Passed. (Ayes 29. Noes 8. Page 298.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. Ordered to second reading.

  19. Withdrawn from committee. (Ayes 26. Noes 5. Page 201.)

  20. Referred to Com. on B. & F.R.

  21. Read first time.

  22. From printer. May be acted upon on or after February 10.

  23. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Committee on Budget and Fiscal Review · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 13 voted No

Sponsors (1)

  • Committee on Budget and Fiscal Review

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

SB 191 B. & F. R. Senate Third Reading By TING

Passed 60 Yea · 14 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 29604
Democratic 31001
Republican 0801
Total 601406
% of votes cast 75%18%0%8%
How each member voted (80)
Member Party Vote
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
Bloom — Yea
Friedman — Yea
Cooley — Yea
Rendon — Yea
Low — Yea
O'Donnell — Yea
Levine — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Cooper — Yea
Smith — Nay
Voepel — Nay
Kiley — Nay
Bigelow — Nay
Waldron — Not Voting
Cunningham — Not Voting
Mathis — Not Voting
Mayes — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David 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
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
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
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Not Voting
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Unfinished Business SB191 B. & F.R. (Skinner) Concurrence

Passed 28 Yea · 2 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 16106
Democratic 12001
Republican 0103
Total 282010
% of votes cast 70%5%0%25%
How each member voted (40)
Member Party Vote
Eggman — Yea
Hueso — Yea
Skinner — Yea
Leyva — Yea
Atkins — Yea
Dodd — Yea
Rubio — Yea
Pan — Yea
Roth — Yea
Hertzberg — Yea
Kamlager — Yea
Min — Yea
Wieckowski — Yea
Bradford — Yea
Portantino — Yea
Wilk — Nay
Bates — Not Voting
Gonzalez — Not Voting
Glazer — Not Voting
Melendez — Not Voting
Nielsen — Not Voting
Borgeas — Not Voting
Newman — 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 Not Voting
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 Not Voting
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Not Voting

Official roll call →

3rd Reading SB191

Passed 29 Yea · 8 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 12001
Unaffiliated 17401
Republican 0400
Total 29802
% of votes cast 74%21%0%5%
How each member voted (39)
Member Party Vote
Leyva — Yea
Skinner — Yea
Roth — Yea
Wieckowski — Yea
Atkins — Yea
Portantino — Yea
Glazer — Yea
Dodd — Yea
Rubio — Yea
Bradford — Yea
Min — Yea
Eggman — Yea
Hertzberg — Yea
Pan — Yea
Hueso — Yea
Newman — Yea
Gonzalez — Yea
Wilk — Nay
Nielsen — Nay
Bates — Nay
Melendez — Nay
Borgeas — 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 Not Voting
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 →

Subjects

finance labor education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 191 do?
(1) Existing law generally grants public employees the right to join employee organizations and to be represented by those organizations in their employment relation. Existing law requires specified public employers to provide exclusive employee representatives access to new employee orientations, as defined. Existing law prescribes certain requirements in this regard, while providing that the structure, time, and manner of exclusive representative access be determined through mutual agreement between the employer and the exclusive representative. This bill would, until June 31, 2025, require that an exclusive representative be entitled to schedule an inperson meeting at the worksite during employment hours, if a public employer has not conducted an inperson new employee orientation within 30 days, as specified. The bill would require that newly hired employees be relieved of other duties in order to attend the meeting, during which an exclusive representative would be authorized to communicate with newly hired employees in the applicable bargaining unit for up to 30 minutes on paid time. The bill would require employers to provide appropriate onsite meeting space within 7 calendar days of receiving a request from an exclusive bargaining representative. The bill would authorize an exclusive representative to schedule multiple meetings or schedule a meeting or meetings once the order is lifted or modified, if the state or a local public health agency issues an order limiting the size of gatherings or prohibiting gatherings, as specified. The bill would generally authorize the employer and the exclusive representative, through mutual agreement, to waive or modify these and other specified requirements. (2) Existing law creates the Division of Labor Relations within the Department of Human Resources, the function of which is to represent the Governor in labor negotiations with representatives of recognized employee organizations, as specified. Existing law authorizes the Governor to appoint up to 10 labor relations officers who are exempt from the civil service. This bill would increase the number of labor relations officers that the Governor is authorized to appoint to 12. The bill would prohibit the additional 2 appointments from resulting in an increase in the authorized expenditures of the department. (3) The Public Employees' Retirement Law (PERL) creates the Public Employees' Retirement System (PERS) for the purpose of providing pension and benefits to state employees and their beneficiaries and prescribes the rights and duties of employers participating in the system. Under PERL, benefits are funded by investment income and employer and employee contributions, which are deposited into the Public Employees' Retirement Fund, a continuously appropriated trust fund administered by the system's board of administration. PERL prescribes methods for the calculation and payment of the state employer contribution for its employees who are PERS members. PERL provides for an annual adjustment of the state's contribution in the budget and quarterly appropriations to the Public Employees' Retirement Fund from the General Fund and other funds that are responsible for payment of the employer contribution. Existing law makes additional supplemental General Fund appropriations to the Public Employees' Retirement Fund for the 2020–21 and 2021–22 fiscal years. Supplemental payments connected with appropriations for the 2020–21 and 2021–22 fiscal years are to be apportioned to the state employee member categories generally, as directed by the Department of Finance, and to specified state employee member categories, including to the state miscellaneous member category, the industrial member category, the state safety member category, and the state peace officer/firefighter member category. The California Constitution establishes the Budget Stabilization Account in the General Fund and requires the Controller, in each fiscal year, to transfer from the General Fund to the Budget Stabilization Account amounts that include a sum equal to 1.5% of the estimated amount of General Fund revenues for that fiscal year. These provisions further require, until the 2029–30 fiscal year, that the Legislature appropriate a percentage of these moneys, the amount of which is generated pursuant to specified calculations, for certain obligations and purposes, including addressing unfunded liabilities for state-level pension plans. This bill would appropriate $2,925,000,000 from the General Fund for the purposes identified in the constitutional provisions described above, to supplement the state's appropriation to the Public Employees' Retirement Fund. The bill would specify that this appropriation represents a portion of the amount identified in a specific provision of the Budget Act of 2022. The bill would require the Department of Finance to provide the Controller with a schedule establishing the timing of specific transfers. The bill would require the supplemental payment to the Public Employees' Retirement Fund to be apportioned to specified state employee member categories, not to exceed $1,333,958,000 to the state miscellaneous member category, $81,612,000 to the state industrial member category, $171,392,000 to the state safety member category, and $1,338,038,000 to the state peace officer/firefighter member category. The bill would require the appropriation described above to be applied to the unfunded state liabilities for the state employee member categories that are in excess of the base amounts for the 2022–23 fiscal year. This bill would additionally correct erroneous cross-references in existing supplemental retirement appropriation provisions. (4) Existing law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency. Existing law provides that one of the functions of the department is to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. Existing law, the Shelley-Maloney Apprentice Labor Standards Act of 1939, authorizes a joint apprenticeship committee, unilateral management or labor apprenticeship committee, or an individual employer to administer an apprenticeship program, as prescribed. Existing law requires the department to conduct an annual survey of the ethnic derivation of the individuals who are parties to apprentice agreements pursuant to that provision. This bill would require the annual survey to additionally include the gender of the individuals who are parties to those apprentice agreements. This bill would, upon appropriation by the Legislature, require the department to establish a Women in Construction Priority Unit, to be overseen by the Director of Industrial Relations, to coordinate and help ensure collaboration across the department's divisions, and maximize state and federal funding to support women and nonbinary individuals in the construction workforce. The bill would set forth the duties of the unit and would require the director, upon appropriation by the Legislature, to assist with the establishment of the unit by convening, by July 1, 2023, an advisory committee with specified representatives to make recommendations to advance the unit's objectives. (5) Existing law, regulates employment and supervision. Existing law makes a garment manufacturer, contractor, or brand guarantor, as defined, who contracts with another person for the performance of garment manufacturing operations jointly and severally liable with a manufacturer and contractor who performs those operations for the garment manufacturer or brand guarantor for, among other things, the full amount of unpaid wages, and any other compensation, including interest, due to an employee who performed manufacturing operations, as specified. Existing law also makes a garment manufacturer or contractor liable for the full amount of damages and penalties, including interest, due to an employee for a violation of those provisions. Existing law authorizes an employee to enforce these provisions solely by filing a specified claim with the Labor Commissioner, and requires the Labor Commissioner to follow a specified procedure with respect to the claim. Under this bill, damages would include liquidated damages in an amount equal to the wages unlawfully withheld and liquidated damages in an amount equal to the unpaid overtime compensation due, as specified, and would extend that liability to damages and penalties due to violations of the Labor Code. The bill would refine the definition of "brand guarantor" to mean a person contracting for the performance of garment manufacturing, regardless of whether the person with whom they contract performs the manufacturing operations or hires contractors or subcontractors to perform the manufacturing operations. The bill would make related clarifying changes. Existing law requires the Labor Commissioner to deposit a specified amount of the registration fees from every person engaged in the business of garment manufacturing registered with the commissioner into a separate account disbursed only to persons determined by the commissioner to have been damaged by the failure to pay wages and benefits by any manufacturer, brand guarantor, or contractor. Existing law requires that any disbursed funds subsequently recovered by the Labor Commissioner, as specified, be returned to the separate account. The bill would correct an erroneous cross-reference contained in the provisions relating to returning funds to the separate account. (6) Existing law establishes within the Department of Industrial Relations the Division of Apprenticeship Standards to administer and enforce laws relating to apprenticeships, including evaluating and approving apprenticeship programs. Existing law requires the division to evaluate apprenticeship and preapprenticeship programs to ensure, among other things, the program evaluated is complying with apprenticeship standards, and to take specified actions to correct deficiencies. This bill would require the division to also evaluate the program to ensure funds received were properly obtained and are being appropriately expended. The bill would authorize the division to initiate a deregistration process to withdraw state approval if the program has willfully violated the laws, regulations, or orders governing apprenticeship programs, among other things, and to suspend registration of new apprenticeship agreements in accordance with specified notice and procedural requirements. Existing law authorizes the division to investigate and determine whether an evaluation of the program is necessary if the division finds evidence that information provided by a building and construction trades or firefighter apprenticeship program has been purposefully misstated, and requires the division to report its findings to the California Apprenticeship Council. This bill would also authorize the division to investigate and determine whether deregistration is necessary, and would authorize the division to investigate and determine whether evaluation or deregistration is necessary for programs other than building and construction trades or firefighter apprenticeship programs. The bill would require the division to report its findings for programs other than building and construction trades and firefighting programs to the Interagency Advisory Committee on Apprenticeship. The bill would make certain provisions requiring the division to schedule an evaluation upon making specified determinations applicable to other apprenticeship programs instead of only building and construction trades or firefighting apprenticeship programs. This bill would authorize the division to fund apprenticeship and preapprenticeship programs through grants, reimbursements, or appropriate funding mechanisms other than contracts for any purpose consistent with the provisions regulating apprenticeships, would exclude the grants from specified public contracting requirements, would authorize the division to enter into contracts or interagency agreements, and would authorize the division to apply for, receive, and use federal funding for the administration of its functions, as specified. This bill would require the Chief of the Division of Apprenticeship Standards, the California Apprenticeship Council, and the Interagency Advisory Committee on Apprenticeship to each separately annually report through the Director of Industrial Relations to the Legislature and the public on their activities, as specified. Existing law authorizes the division to obtain an injunction in any case in which a person willfully violates any of the laws, regulations, or orders governing apprenticeship programs. This bill would require the division to be awarded reasonable attorney's fees and costs in seeking an injunction, and would also authorize the division to obtain an injunction in any case in which a person willfully violated requirements for funding provided to apprenticeship programs and associated entities. This bill would establish the Apprenticeship Innovation Funding Program, which would be operative and implemented only upon appropriation of funds by the Legislature. The bill would require the division to administer the program, which would provide grants, reimbursements, or other funding for the support of an apprenticeship program or training of apprentices. The bill would authorize an apprenticeship program or eligible entity, as specified, to submit an application to the division to request funds in a manner specified by the division, and would identify specified entities that have registered apprentices with the division as "eligible entities," including public educational institutions, labor organizations, and industry associations, among others. The bill would authorize the division, upon application of an apprenticeship program or eligible entity, to provide support funds to organize, run, and sustain an apprenticeship program in an amount determined by the division and would specify factors to be considered by the division in determining the amount. The bill would specify eligible activities for using support funds, including employer outreach, support, onboarding, and management, among others. The bill would authorize the division to provide training funds either directly to public educational institutions for the training of apprenticeships or to apprenticeship programs that meet specified criteria, and would specify eligible activities for using training funds, including development of courses and classroom instruction, among others. The bill would make other technical and nonsubstantive changes. This bill would establish the Youth Apprenticeship Grant Program, which would become operative and implemented only upon appropriation of funds from the Legislature. The bill would require the division to administer the program, which would provide grants for the purpose of providing funding for existing apprenticeship and preapprenticeship programs or to develop new apprenticeship and preapprenticeship programs to serve the target population and satisfy the goals and objectives of the grant program, as specified. The bill would authorize the grant funds to be used for eligible purposes, as specified. The bill would require grant proposals to include, among other things, the knowledge, experience, and capacity to provide services to the target population, as defined, and the industries and career pathways targeted. The bill would require the program to collect, analyze, and report specified program data on race, gender, income, rurality, ability, foster youth, homeless youth, English language learner, and other key characteristics. The bill would require the division to monitor and audit grant recipients to ensure compliance with policies, procedures, and requirements for use of the grant funds. The bill would require the Chief of the Division of Apprenticeship Standards to convene a committee to develop recommendations, of specified topics, to the division on the expansion of youth apprenticeships in California. (7) Existing law establishes the Employment Development Department within the Labor and Workforce Development Agency and sets forth its powers and duties, including job creation activities, computation of benefits, and determination of contribution rates and collection of contributions for benefits. Existing law requires the department to serve various notices, including a notice of determination of eligibility for benefits, personally or by mail. This bill would, instead, authorize the department to serve notices personally, electronically, by mail, or in any other manner the department elects. The bill would specify that service is deemed completed on the date on which the notice is sent, mailed, or emailed, unless a notice is personally served, in which case service is deemed completed on the date on which the notice is delivered. The bill would make conforming changes. (8) This bill would establish the Displaced Oil and Gas Worker Pilot Program, to be administered by the Employment Development Department, for the purpose of addressing employment dislocations associated with oil, glass, and related industries. The bill would require the department, using funds to be appropriated by the Legislature for purposes of the program, to award grants on a competitive basis to qualified applicants, including public and private nonprofit organizations and local workforce development areas, among other entities, for specified eligible activities, including labor market information, career exploration activities, and high school diploma and GED acquisition. The bill would require the department to develop criteria for the selection of grant recipients, including an organization's experience in providing services, consistent with the objectives of the program, to the target population. The bill would establish criteria for the evaluation of grant recipients, including the ability of individuals to transition into or be integrated into the broader workforce and education system. The bill would require a grant recipient to provide necessary information to the department for purposes of monitoring program performance measures and to participate in grant technical assistance and evaluation, as specified. The bill would set forth related findings and declarations of the Legislature. The bill would repeal the bill's provisions on July 1, 2027. (9) Existing law authorizes the Employment Development Department to exchange information with other governmental departments and agencies that are concerned with the administration of unemployment insurance, and with other departments or agencies of government as necessary for the administration of provisions relating to unemployment and disability compensation, as specified. This bill would, instead, provide that the department is authorized to exchange information with federal, state, or local governmental departments and agencies that are concerned with the administration of unemployment or disability insurance, and with other federal, state, or local departments or agencies of government as necessary for the administration of provisions relating to unemployment and disability compensation, as specified. (10) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors SB 191?
SB 191 is sponsored by Committee on Budget and Fiscal Review.
What is the current status of SB 191?
This bill has been enacted into law. Introduced January 08, 2021. Enacted.
Where can I track SB 191?
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