Gonzalez
Author
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.
Chaptered by Secretary of State. Chapter 333, Statutes of 2021.
Approved by the Governor.
Enrolled and presented to the Governor at 1:30 p.m.
Assembly amendments concurred in. (Ayes 28. Noes 9. Page 2556.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 60. Noes 18. Page 2915.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 12. Noes 4.) (August 26).
August 19 set for first hearing. Placed on suspense file.
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 8. Noes 3.) (July 13).
From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (June 22). Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & E.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 29. Noes 9. Page 1330.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2. Page 1188.) (May 20).
Set for hearing May 20.
May 3 hearing: Placed on APPR suspense file.
Set for hearing May 3.
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 859.) (April 20).
Set for hearing April 20.
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.
Set for hearing April 5.
Re-referred to Coms. on L., P.E. & R. and JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Art. IV. Sec. 8(a) of the Constitution dispensed with.
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
(Ayes 32. Noes 4.)
From printer. May be acted upon on or after March 11.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB338 | HTML |
| 02/08/21 - Introduced | |
| 03/10/21 - Amended Senate | |
| 04/22/21 - Amended Senate | |
| 06/14/21 - Amended Assembly | |
| 07/14/21 - Amended Assembly | |
| 08/30/21 - Amended Assembly | |
| 09/02/21 - Amended Assembly | |
| 09/13/21 - Enrolled | |
| 09/27/21 - Chaptered |
| Document | Format |
|---|---|
| 04/02/21- Senate Committee on Labor, Public Employment and Retirement | |
| 04/16/21- Senate Judiciary | |
| 04/30/21- Senate Appropriations | |
| 05/22/21- Sen. Floor Analyses | |
| 06/18/21- Assembly Labor and Employment | |
| 07/10/21- Assembly Judiciary | |
| 08/16/21- Assembly Appropriations | |
| 08/31/21- ASSEMBLY FLOOR ANALYSIS | |
| 09/02/21- ASSEMBLY FLOOR ANALYSIS | |
| 09/08/21- Sen. Floor Analyses |
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