Individual legislator voting records for this vote are not currently available. Includes all politicians who were in office at any point during the 2013-2014 Legislature.

SB 516 - An Act to Amend Sections 9998.1, 9998.6, and 9998.8 Of, to Add Sections 9998.1.5, 9998.2.5, 9998.10, and 9998.11 To, and to Repeal and Add Section 9998.2 Of, the Business and Professions Code, Relating to Foreign Labor Contractors.

Foreign labor contractors: registration. 2013-2014 Legislature. View bill details
Author(s):
Summary:
Existing federal law permits certain aliens to engage in employment in the United States under specified conditions. Existing state law regulates the services of foreign labor contractors, as defined, with regard to contracts, recruitment procedures and representations, and information as to terms and conditions of employment. Existing law provides that any person who violates or induces a… More
Existing federal law permits certain aliens to engage in employment in the United States under specified conditions. Existing state law regulates the services of foreign labor contractors, as defined, with regard to contracts, recruitment procedures and representations, and information as to terms and conditions of employment. Existing law provides that any person who violates or induces a violation of the latter provisions is guilty of a misdemeanor. Existing law also permits any person aggrieved by a violation of these provisions to bring an action for injunctive relief or damages, or both, and authorizes recovery of damages, costs, and reasonable attorney’s fees, in an amount not less than $500, if the aggrieved person prevails on the action.

Under existing state law, the Division of Labor Standards Enforcement in the Department of Industrial Relations, under the direction of the Labor Commissioner, enforces and administers the licensing and supervision of farm labor contractors, as defined.

This bill would change the definition of a foreign labor contractor to mean a person who performs foreign labor contracting activity, as defined, and would require a foreign labor contractor to register with the Labor Commissioner and pay a specified fee, upon satisfying specified conditions. The bill would require the commissioner to enforce and administer the registration and supervision of foreign labor contractors, and would authorize the commissioner to adopt regulations or policies and procedures to implement these provisions. The bill would prohibit a person from knowingly entering into an agreement for the services of a foreign labor contractor that is not registered with the commissioner. The bill would also require foreign labor contractors to disclose specified information and deposit with the commissioner a surety bond in a specified amount, for payment of any amount adjudicated against the foreign labor contractor, as a condition of registration, as specified. The bill would further require persons knowingly using the services of foreign labor contractors to obtain foreign workers to disclose specified information to the commissioner.

The bill would require a foreign labor contractor to disclose in writing to each foreign worker who is recruited for employment certain information, as specified. The bill would prohibit a foreign labor contractor and its agent from assessing a fee or cost to a foreign worker for foreign labor contracting activities. The bill would also prohibit charging a foreign worker with any costs or expenses not customarily assessed against similarly situated workers, and would limit the amount of housing costs charged to the foreign worker to the market rate for similar housing. The bill would prohibit requiring a foreign worker to pay any costs or expenses prior to commencement of work. The bill would prohibit additional requirements or changes to the terms of the contract originally provided to and signed by the foreign worker, unless the foreign worker is provided at least 48 hours to review and consider the additional requirements or changes, and would require the specific consent of the foreign worker, as provided, to each additional requirement or change.

The bill would authorize a civil penalty for violations of these provisions, would authorize the commissioner or a person aggrieved by a violation of these provisions to bring an action for injunctive relief or damages, or both, and would authorize recovery of damages, costs, and reasonable attorney’s fees, as specified, including enforcement of liability against the bond deposited with the commissioner. The bill would exempt a person from joint and several liability for an act or omission by a foreign labor contractor if the person is using a registered foreign labor contractor’s services. The bill would also exempt a person who uses the services of a registered foreign labor contractor from misdemeanor liability for an act or omission by the foreign labor contractor. Because this bill would expand the scope of the provisions regulating foreign labor contractors, a violation of which is a misdemeanor, this bill would impose a state-mandated local program.

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. Hide
 
Status:
This bill was passed by both houses and vetoed by the Governor. It did not become law
Senate Vote: On Passage

PASSED on September 10, 2013.

voted YES: 38 voted NO: 0
1 voted present/not voting

An Act to Amend Sections 9998.1, 9998.6, and 9998.8 Of, to Add Sections 9998.1.5, 9998.2.5, 9998.10, and 9998.11 To, and to Repeal and Add Section 9998.2 Of, the Business and Professions Code, Relating to Foreign Labor Contractors.

SB 516 — 2013-2014 Legislature

Summary
Existing federal law permits certain aliens to engage in employment in the United States under specified conditions. Existing state law regulates the services of foreign labor contractors, as defined, with regard to contracts, recruitment procedures and representations, and information as to terms and conditions of employment. Existing law provides that any person who violates or induces a violation of the latter provisions is guilty of a misdemeanor. Existing law also permits any person aggrieved by a violation of these provisions to bring an action for injunctive relief or damages, or both, and authorizes recovery of damages, costs, and reasonable attorney’s fees, in an amount not less than $500, if the aggrieved person prevails on the action.

Under existing state law, the Division of Labor Standards Enforcement in the Department of Industrial Relations, under the direction of the Labor Commissioner, enforces and administers the licensing and supervision of farm labor contractors, as defined.

This bill would change the definition of a foreign labor contractor to mean a person who performs foreign labor contracting activity, as defined, and would require a… More
Existing federal law permits certain aliens to engage in employment in the United States under specified conditions. Existing state law regulates the services of foreign labor contractors, as defined, with regard to contracts, recruitment procedures and representations, and information as to terms and conditions of employment. Existing law provides that any person who violates or induces a violation of the latter provisions is guilty of a misdemeanor. Existing law also permits any person aggrieved by a violation of these provisions to bring an action for injunctive relief or damages, or both, and authorizes recovery of damages, costs, and reasonable attorney’s fees, in an amount not less than $500, if the aggrieved person prevails on the action.

Under existing state law, the Division of Labor Standards Enforcement in the Department of Industrial Relations, under the direction of the Labor Commissioner, enforces and administers the licensing and supervision of farm labor contractors, as defined.

This bill would change the definition of a foreign labor contractor to mean a person who performs foreign labor contracting activity, as defined, and would require a foreign labor contractor to register with the Labor Commissioner and pay a specified fee, upon satisfying specified conditions. The bill would require the commissioner to enforce and administer the registration and supervision of foreign labor contractors, and would authorize the commissioner to adopt regulations or policies and procedures to implement these provisions. The bill would prohibit a person from knowingly entering into an agreement for the services of a foreign labor contractor that is not registered with the commissioner. The bill would also require foreign labor contractors to disclose specified information and deposit with the commissioner a surety bond in a specified amount, for payment of any amount adjudicated against the foreign labor contractor, as a condition of registration, as specified. The bill would further require persons knowingly using the services of foreign labor contractors to obtain foreign workers to disclose specified information to the commissioner.

The bill would require a foreign labor contractor to disclose in writing to each foreign worker who is recruited for employment certain information, as specified. The bill would prohibit a foreign labor contractor and its agent from assessing a fee or cost to a foreign worker for foreign labor contracting activities. The bill would also prohibit charging a foreign worker with any costs or expenses not customarily assessed against similarly situated workers, and would limit the amount of housing costs charged to the foreign worker to the market rate for similar housing. The bill would prohibit requiring a foreign worker to pay any costs or expenses prior to commencement of work. The bill would prohibit additional requirements or changes to the terms of the contract originally provided to and signed by the foreign worker, unless the foreign worker is provided at least 48 hours to review and consider the additional requirements or changes, and would require the specific consent of the foreign worker, as provided, to each additional requirement or change.

The bill would authorize a civil penalty for violations of these provisions, would authorize the commissioner or a person aggrieved by a violation of these provisions to bring an action for injunctive relief or damages, or both, and would authorize recovery of damages, costs, and reasonable attorney’s fees, as specified, including enforcement of liability against the bond deposited with the commissioner. The bill would exempt a person from joint and several liability for an act or omission by a foreign labor contractor if the person is using a registered foreign labor contractor’s services. The bill would also exempt a person who uses the services of a registered foreign labor contractor from misdemeanor liability for an act or omission by the foreign labor contractor. Because this bill would expand the scope of the provisions regulating foreign labor contractors, a violation of which is a misdemeanor, this bill would impose a state-mandated local program.

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. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Sections 9998.1, 9998.6, and 9998.8 Of, to Add Sections 9998.1.5, 9998.2.5, 9998.10, and 9998.11 To, and to Repeal and Add Section 9998.2 Of, the Business and Professions Code, Relating to Foreign Labor Contractors.
Author(s)
Darrell Steinberg
Co-Authors
Subjects
  • Foreign labor contractors: registration
Major Actions
Introduced2/21/2013
Referred to Committee
Passed Senate Committee on Labor and Industrial Relations4/24/2013
Passed Senate Committee on Judiciary4/30/2013
Passed Senate Committee on Appropriations5/20/2013
Passed Senate Committee on Appropriations5/23/2013
Passed Senate5/28/2013
Passed Assembly Committee on Labor and Employment6/26/2013
Passed Assembly Committee on Judiciary8/13/2013
Passed Assembly Committee on Appropriations8/30/2013
Passed Assembly9/09/2013
Passed Senate9/10/2013
Presented to the governor (enrolled)9/18/2013
Vetoed by Governor10/11/2013
Vetoed by Governor10/11/2013
Bill History
Chamber/CommitteeMotionDateResult
select this voteSenate Committee on Labor and Industrial RelationsDo pass, but re-refer to the Committee on Judiciary.4/24/2013This motion PASSED the Senate Committee on Labor and Industrial Relations
4 voted YES 0 voted NO 1 voted present/not voting
select this voteSenate Committee on JudiciaryDo pass as amended, and re-refer to the Committee on Appropriations.4/30/2013This motion PASSED the Senate Committee on Judiciary
7 voted YES 0 voted NO 0 voted present/not voting
select this voteSenate Committee on AppropriationsPlaced on Appropriations Suspense file.5/20/2013This motion PASSED the Senate Committee on Appropriations
6 voted YES 0 voted NO 1 voted present/not voting
select this voteSenate Committee on AppropriationsDo pass.5/23/2013This motion PASSED the Senate Committee on Appropriations
7 voted YES 0 voted NO 0 voted present/not voting
select this voteSenateSenate 3rd Reading SB516 Steinberg5/28/2013This bill PASSED the Senate
38 voted YES 0 voted NO 1 voted present/not voting
select this voteAssembly Committee on Labor and EmploymentDo pass and be re-referred to the Committee on Judiciary.6/26/2013This motion PASSED the Assembly Committee on Labor and Employment
5 voted YES 0 voted NO 2 voted present/not voting
select this voteAssembly Committee on JudiciaryDo pass and be re-referred to the Committee on Appropriations.8/13/2013This motion PASSED the Assembly Committee on Judiciary
7 voted YES 3 voted NO 0 voted present/not voting
select this voteAssembly Committee on AppropriationsDo pass as amended.8/30/2013This motion PASSED the Assembly Committee on Appropriations
12 voted YES 5 voted NO 0 voted present/not voting
select this voteAssemblySB 516 Steinberg Senate Third Reading By WIECKOWSKI9/09/2013This bill PASSED the Assembly
54 voted YES 24 voted NO 0 voted present/not voting
currently selectedSenateUnfinished Business SB516 Steinberg9/10/2013This bill PASSED the Senate
38 voted YES 0 voted NO 1 voted present/not voting
ActionDateDescription
Introduced2/21/2013
2/21/2013Introduced. Read first time. To Com. on RLS. for assignment. To print.
2/22/2013From printer. May be acted upon on or after March 24.
3/11/2013Referred to Com. on RLS.
4/01/2013From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
4/03/2013Re-referred to Coms. on L. & I.R. and JUD.
4/09/2013Set for hearing April 24.
4/24/2013From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0.) (April 24). Re-referred to Com. on JUD.
select this voteVote4/24/2013Do pass, but re-refer to the Committee on Judiciary.
4/25/2013Set for hearing April 30.
select this voteVote4/30/2013Do pass as amended, and re-refer to the Committee on Appropriations.
5/06/2013From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 754.) (April 30).
5/07/2013Read second time and amended. Re-referred to Com. on APPR.
5/10/2013Set for hearing May 20.
5/20/2013Placed on APPR. suspense file.
select this voteVote5/20/2013Placed on Appropriations Suspense file.
5/21/2013Set for hearing May 23.
5/23/2013From committee: Do pass. (Ayes 7. Noes 0.) (May 23).
select this voteVote5/23/2013Do pass.
5/24/2013Read second time. Ordered to third reading.
5/28/2013Read third time. Passed. (Ayes 38. Noes 0.) Ordered to the Assembly.
select this voteSenate Vote on Passage5/28/2013Senate 3rd Reading SB516 Steinberg
5/29/2013In Assembly. Read first time. Held at Desk.
6/14/2013Referred to Coms. on L. & E. and JUD.
select this voteVote6/26/2013Do pass and be re-referred to the Committee on Judiciary.
6/27/2013From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 26). Re-referred to Com. on JUD.
8/05/2013From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
select this voteVote8/13/2013Do pass and be re-referred to the Committee on Appropriations.
8/14/2013From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (August 13). Re-referred to Com. on APPR.
8/20/2013From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
8/30/2013Set, first hearing. Referred to APPR. suspense file.
select this voteVote8/30/2013Do pass as amended.
9/03/2013From committee: Do pass as amended. (Ayes 12. Noes 5.) (August 30).
9/04/2013Read second time and amended. Ordered to second reading.
9/05/2013Read second time. Ordered to third reading.
9/09/2013Read third time. Passed. Ordered to the Senate.
9/09/2013In Senate. Concurrence in Assembly amendments pending.
select this voteAssembly Vote on Passage9/09/2013SB 516 Steinberg Senate Third Reading By WIECKOWSKI
9/10/2013Assembly amendments concurred in. (Ayes 38. Noes 0.) Ordered to engrossing and enrolling.
currently selectedSenate Vote on Passage9/10/2013Unfinished Business SB516 Steinberg
9/18/2013Enrolled and presented to the Governor at 5 p.m.
Vetoed10/11/2013Vetoed by the Governor.
10/11/2013In Senate. Consideration of Governor's veto pending.
2/27/2014Consideration of Governor's veto stricken from file.

MapLight did not identify any interest groups that took a position on this vote.
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0 Organizations Supported and 0 Opposed

Organizations that took a position on
An Act to Amend Sections 9998.1, 9998.6, and 9998.8 Of, to Add Sections 9998.1.5, 9998.2.5, 9998.10, and 9998.11 To, and to Repeal and Add Section 9998.2 Of, the Business and Professions Code, Relating to Foreign Labor Contractors.: Unfinished Business SB516 Steinberg

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Includes reported contributions to campaigns of Senators in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2009 – December 31, 2012.
Contributions data source: FollowTheMoney.org

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Legislator Filters
Legislator Filters
NamePartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Joel AndersonRCA-36$0$0
Jim BeallDCA-15$0$0
Tom BerryhillRCA-14$0$0
Marty BlockDCA-39$0$0
Ron CalderonDCA-30$0$0
Anthony CannellaRCA-12$0$0
Ellen CorbettDCA-10$0$0
Lou CorreaDCA-34$0$0
Mark DeSaulnierDCA-7$0$0
Bill EmmersonRCA-23$0$0
Noreen EvansDCA-2$0$0
Jean FullerRCA-18$0$0
Ted GainesRCA-1$0$0
Cathleen GalgianiDCA-5$0$0
Loni HancockDCA-9$0$0
Ed HernandezDCA-24$0$0
Jerry HillDCA-13$0$0
Ben HuesoDCA-40$0$0
Bob HuffRCA-29$0$0
Hannah-Beth JacksonDCA-19$0$0
Steve KnightRCA-21$0$0
Ricardo LaraDCA-33$0$0
Mark LenoDCA-11$0$0
Ted LieuDCA-28$0$0
Carol LiuDCA-25$0$0
Bill MonningDCA-17$0$0
Jim NielsenRCA-4$0$0
Alex PadillaDCA-20$0$0
Fran PavleyDCA-27$0$0
Richard D. RothDCA-31$0$0
Darrell SteinbergDCA-6$0$0
Norma TorresDCA-32$0$0
Andy VidakRCA-16$0$0
Mimi WaltersRCA-37$0$0
Lois WolkDCA-3$0$0
Rod WrightDCA-35$0$0
Mark WylandRCA-38$0$0
Leland YeeDCA-8$0$0
Kevin de LeonDCA-22$0$0

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