María Elena Durazo
- Democratic
- Senator
- District 26
Author
Existing provisions of the California Constitution provide that the University of California constitutes a public trust and require the university to be administered by the Regents of the University of California (regents) , a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes, including any competitive bidding procedures as may be applicable to the university by statute for specified purposes, including the purchasing of materials, goods, and services. Existing law requires the regents, except as provided, to let all contracts involving an expenditure of $100,000 or more annually for goods and materials or services, excepting personal or professional services, to the lowest responsible bidder meeting certain specifications, or to reject all bids. Existing policy of the regents establishes a general prohibition on contracting out for services and functions that can be performed by university staff, with certain exceptions, establishes employment standards for contract employees, and provides for the conversion of contract employees to university employment under prescribed circumstances. This bill would make it unlawful for any vendor, as defined, to accept payment above a specified threshold from the university pursuant to a contract for prescribed services if the vendor is performing services or supplying the university with employees to perform services who are paid less than the higher of the total compensation rate specified in the vendor's contract with the university or as required by university policy. The bill would require a vendor to provide those employees with prescribed written notice relating to compensation. The bill would require a vendor, twice yearly, to provide basic payroll information, as defined, to the university and members of any joint labor-management committee or similar meeting body established with the exclusive representative of university employees who perform the same or similar services. The bill would also require a vendor to provide specified additional written notice, including specific text, relating to the release of basic payroll information, to all employees who agree to perform services for the university or continue doing so. The bill would also require basic payroll information for an individual employee who performs services for the university, on request, to be made available for inspection by that individual employee or that individual employee's designated representative or to be furnished to that individual employee or that individual employee's authorized representative. This bill would authorize an employee or university employee to provide a vendor with written notice of a violation of the bill and the opportunity to correct and cure the violation and thereafter file suit only if the vendor fails to provide prescribed documentation. The bill would establish remedies, including civil penalties and restitution, for prevailing claimants and would provide for the disqualification of the vendor, for a minimum of 5 years, from submitting any bid to the university, or executing, renewing, or extending any contract with or otherwise receiving payment from the university in exchange for services. The bill would make its provisions severable.
In Senate. Consideration of Governor's veto pending.
Vetoed by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 35. Noes 11. Page 5309.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 55. Noes 16. Page 6184.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 5.) (August 11).
August 3 set for first hearing. Placed on suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 22). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & E.
From committee: Do pass and re-refer to Com. on L. & E. (Ayes 8. Noes 2.) (June 14). Re-referred to Com. on L. & E.
Re-referred to Coms. on JUD. and L. & E. pursuant to Assembly Rule 96.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 27. Noes 11. Page 3914.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 1. Page 3794.) (May 19).
Set for hearing May 19.
May 2 hearing: Placed on APPR suspense file.
Set for hearing May 2.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 3438.) (April 19).
Set for hearing April 19.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 3. Noes 1. Page 3309.) (April 4). Re-referred to Com. on JUD.
Set for hearing April 4.
Referred to Coms. on L., P.E. & R. and JUD.
From printer.
Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1364 | HTML |
| 02/18/22 - Introduced | |
| 04/21/22 - Amended Senate | |
| 06/14/22 - Amended Assembly | |
| 09/02/22 - Enrolled |
| Document | Format |
|---|---|
| 03/31/22- Senate Committee on Labor, Public Employment and Retirement | |
| 04/15/22- Senate Judiciary | |
| 04/29/22- Senate Appropriations | |
| 05/21/22- Sen. Floor Analyses | |
| 06/10/22- Assembly Judiciary | |
| 06/20/22- Assembly Labor and Employment | |
| 08/01/22- Assembly Appropriations | |
| 08/17/22- ASSEMBLY FLOOR ANALYSIS | |
| 08/25/22- Sen. Floor Analyses | |
| 10/17/22- Sen. Floor Analyses |
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