California 2015-2016 Regular Session Status: Enacted

AB 621 — Drayage truck operators: Motor Carrier Employer Amnesty Program.

Last action — Chaptered by Secretary of State - Chapter 741, Statutes of 2015.

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

This bill has been enacted into law. Introduced February 24, 2015. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 70% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Existing law governs the relationship between an employer and an employee with regard to hiring, promotion, discipline, wages and hours, working conditions, and administrative and judicial remedies. Existing law sets forth guidelines for determining whether a person who performs work for another pursuant to a contract is an employee or an independent contractor. Existing law authorizes the Labor Commissioner to investigate employee complaints and to conduct a hearing in any action to recover wages, penalties, and other demands for compensation. This bill would establish the Motor Carrier Employer Amnesty Program pursuant to which, notwithstanding any law, a motor carrier performing drayage services may be relieved of liability for statutory or civil penalties associated with misclassification of commercial drivers as independent contractors if the motor carrier enters into a settlement agreement with the Labor Commissioner, with the cooperation and consent of the Employment Development Department, prior to January 1, 2017, whereby the motor carrier agrees to convert all of its commercial drivers to employees, and the settlement agreement contains prescribed components, including, but not limited to, an agreement by the motor carrier to pay all wages, benefits, and taxes owed, if any. The bill would permit a settlement agreement to contain a provision authorizing the Labor Commissioner and the Employment Development Department to recover from the motor carrier the reasonable, actual costs of the Labor Commissioner and the Employment Development Department for their respective review, approval, and compliance monitoring of that settlement agreement.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 741, Statutes of 2015.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 49. Noes 29. Page 3061.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 13. Page 2639.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time and amended. Ordered to third reading.

  10. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 27).

  11. In committee: Referred to APPR. suspense file.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 7). Re-referred to Com. on APPR.

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

  14. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 24). Re-referred to Com. on JUD.

  15. Referred to Coms. on L. & I.R. and JUD.

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

  17. Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 29. Page 1877.)

  18. Read second time. Ordered to third reading.

  19. Read second time and amended. Ordered returned to second reading.

  20. From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 28).

  21. In committee: Set, first hearing. Referred to APPR. suspense file.

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 8). Re-referred to Com. on APPR.

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

  24. From printer. May be heard in committee March 27.

  25. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 12 voted No

Sponsors (1)

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

AB 621 HERNÁNDEZ Concurrence in Senate Amendments

Passed 49 Yea · 29 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 452402
Democratic 4000
Republican 0500
Total 492902
% of votes cast 61%36%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bloom — Yea
Brough — Nay
Brown — Yea
Holden — Yea
Low — Yea
Maienschein — Nay
Mathis — Nay
Mullin — Yea
Obernolte — Nay
Quirk — Yea
Rodriguez — Yea
Ting — Yea
Weber — Yea
Wood — Yea
Eggman — Not Voting
Cooper — Yea
Daly — Yea
Frazier — Yea
Hadley — Nay
Perea — Not Voting
Steinorth — Nay
Salas — Yea
Bonilla — Yea
Gatto — Nay
Gomez — Yea
Gordon — Yea
Gray — Yea
Harper — Nay
Lopez — Yea
Jones-Sawyer — Yea
Kim — Nay
Levine — Yea
Linder — Nay
Atkins — Yea
Mayes — Nay
McCarty — Yea
Medina — Yea
Burke — Yea
Melendez — Nay
Nazarian — Yea
O'Donnell — Yea
Campos — Yea
Baker — Nay
Bigelow — Nay
Chang — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Olsen — Nay
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Wagner — Nay
Waldron — Nay
Wilk — Nay
Williams — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB621 Roger Hernández By Hall

Passed 27 Yea · 13 Nay
Party YeaNayPresentNot Voting
Unaffiliated 251200
Democratic 2100
Total 271300
% of votes cast 68%33%0%0%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Hill — Yea
Leyva — Yea
Nielsen — Nay
Roth — Yea
Wieckowski — Yea
Cannella — Nay
Fuller — Nay
Galgiani — Yea
Glazer — Yea
Hernandez — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Lara — Yea
Leno — Yea
Pan — Yea
Wolk — Yea
Runner — Nay
Hall — Yea
Hancock — Yea
Hertzberg — Yea
Hueso — Yea
Bates — Nay
Block — Yea
Huff — Nay
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Morrell — Nay
Pavley — Yea
Vidak — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Hill — Yea
Lara — Yea
Mendoza — Yea
Leyva — Yea
Beall — Yea
Nielsen — Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Hill — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Nielsen — Yea

Official roll call →

AB 621 HERNÁNDEZ Assembly Third Reading

Passed 47 Yea · 29 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 432304
Democratic 4000
Republican 0600
Total 472904
% of votes cast 59%36%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Bigelow — Nay
Bloom — Not Voting
Brough — Nay
Brown — Yea
Holden — Yea
Jones-Sawyer — Yea
Maienschein — Nay
Mathis — Nay
Medina — Yea
Nazarian — Yea
Olsen — Nay
Perea — Not Voting
Quirk — Yea
Rodriguez — Yea
Wagner — Nay
Wilk — Nay
Eggman — Yea
Cooper — Yea
Daly — Yea
Burke — Yea
Salas — Yea
Bonilla — Yea
Gatto — Nay
Gordon — Yea
Gray — Yea
Lopez — Yea
Harper — Nay
Atkins — Yea
Levine — Yea
Low — Yea
Mayes — Nay
Campos — Yea
McCarty — Yea
Melendez — Nay
Mullin — Yea
Alejo — Yea
Chang — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Dababneh — Yea
Dodd — Yea
O'Donnell — Yea
Obernolte — Nay
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Williams — Yea
Wood — Yea
Frazier — Not Voting
Hadley — Nay
Baker — Nay
Kim — Nay
Linder — Nay
Steinorth — Nay
Thurmond — Not Voting
Gomez — Yea
Gonzalez — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10300
Democratic 2000
Republican 0200
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Wagner — Nay
Wood — Yea
Eggman — Yea
Daly — Yea
Gomez — Yea
Gordon — Yea
Holden — Yea
Rendon — Yea
Weber — Yea
Chang — Nay
Quirk — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

labor
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 AB 621 do?
Existing law governs the relationship between an employer and an employee with regard to hiring, promotion, discipline, wages and hours, working conditions, and administrative and judicial remedies. Existing law sets forth guidelines for determining whether a person who performs work for another pursuant to a contract is an employee or an independent contractor. Existing law authorizes the Labor Commissioner to investigate employee complaints and to conduct a hearing in any action to recover wages, penalties, and other demands for compensation. This bill would establish the Motor Carrier Employer Amnesty Program pursuant to which, notwithstanding any law, a motor carrier performing drayage services may be relieved of liability for statutory or civil penalties associated with misclassification of commercial drivers as independent contractors if the motor carrier enters into a settlement agreement with the Labor Commissioner, with the cooperation and consent of the Employment Development Department, prior to January 1, 2017, whereby the motor carrier agrees to convert all of its commercial drivers to employees, and the settlement agreement contains prescribed components, including, but not limited to, an agreement by the motor carrier to pay all wages, benefits, and taxes owed, if any. The bill would permit a settlement agreement to contain a provision authorizing the Labor Commissioner and the Employment Development Department to recover from the motor carrier the reasonable, actual costs of the Labor Commissioner and the Employment Development Department for their respective review, approval, and compliance monitoring of that settlement agreement.
Who sponsors AB 621?
AB 621 is sponsored by Roger Hernández.
What is the current status of AB 621?
This bill has been enacted into law. Introduced February 24, 2015. Enacted.
Where can I track AB 621?
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