CA SB 1402

Author

Ricardo Lara
P.O. Box 942849, Room 2179
Sacramento, CA 94249
916-319-2050

Author Detail Link
i

Bill Text

Category

Drayage Truck Operator

I

State

CA

d

Summary

Requires joint and several liability for customers who contract with port drayage services who have unpaid wage, tax and workers’ compensation liability.

n

Issue

This bill would require a customer that, as part of its business, engages or uses to perform port drayage services a port drayage motor carrier, as defined, that is on a list established by the Division of Labor Standards Enforcement and posted on its Internet Web site pursuant to the bill, to share with the motor carrier all civil legal responsibility and civil liability for port drayage services obtained after the date the motor carrier appeared on the list, as specified. The bill would require the division to notify a port drayage motor carrier at least 15 business days before adding the port drayage motor carrier to its Internet Web site and would require a port drayage motor carrier who provides port drayage services to a customer, prior to providing those services, and within 30 business days of entry of the judgment, to furnish prescribed notice to the customer concerning unsatisfied judgments against the motor carrier for unpaid wages, damages, unreimbursed expenses, and penalties. The bill would define terms for its purposes, including defining “customer,” with certain exceptions, to mean a business entity, regardless of its form, that engages or uses a port drayage motor carrier to perform port drayage services on the customer’s behalf, as described. The bill would prohibit a customer and a port drayage motor carrier from taking any adverse action against a commercial driver for providing notification of violations or filing a claim or civil action. The bill would require a customer or port drayage motor carrier to provide to the Labor Commissioner, and make available for copying, information within its possession, custody, or control required to verify compliance with applicable state laws. The bill would authorize the Labor Commissioner and the Employment Development Department to adopt necessary regulations and rules to administer and enforce the bill’s provisions. The bill would provide that waiver of its provisions is contrary to public policy, void, and unenforceable. The bill would provide that its provisions are severable.

k

Notes

Effective 1/1/2019.

History

02/16/2018 Introduced in Senate. Read first time. To Committee on Rules for assignment.
02/20/2018 May be acted upon on or after March 22.
03/08/2018 Referred to Senate Committee on Rules.
03/22/2018 From committee with author's amendments. Read second time and amended. Re-referred to Senate Committee on Rules.
04/04/2018 Referred to Senate Committee on Labor and Industrial Relations.
04/09/2018 From committee with author's amendments. Read second time and amended. Re-referred to Senate Committee on Labor and Industrial Relations.
04/10/2018 Withdrawn from committee.
04/10/2018 Re-referred to Senate Committee on Rules.
04/19/2018 Re-referred to Senate Committees on Judiciary, and Labor and Industrial Relations.
04/25/2018 From committee: Do pass and re-refer to Senate Committee on Labor and Industrial Relations. Re-referred to Senate Committee on Labor and Industrial Relations.
04/25/2018 From committee: Do pass and re-refer to Senate Committee on Labor and Industrial Relations. Re-referred to Senate Committee on Labor and Industrial Relations.
04/25/2018 From committee: Do pass and re-refer to Senate Committee on Appropriations.
05/05/2018 Placed on Senate Appropriations suspense file.
05/25/2018 From committee: Do pass as amended.
05/25/2018 Read second time and amended.
05/29/2018 Read second time. Ordered to third reading.
05/30/2018 Read third time. Passed Senate. Ordered to the Assembly.
05/31/2018 In Assembly. Read first time. Held at Desk.
06/14/2018 Referred to Assembly Committees on Labor and Employment, and Judiciary.
06/21/2018 From Assembly Committee on Judiciary with author's amendments. Read second time and amended. Re-referred to Assembly Committee on Judiciary.
06/26/2018 From Assembly Committee on Judiciary with recommendation for passage. Re-referred to Assembly Committee on Appropriations.
08/16/2018 Recommended by Assembly Committee on Appropriations for passage as amended .
08/20/2018 Read second time and amended. Ordered to second reading.
08/21/2018 Read second time. Ordered to third reading.
08/30/2018 Read third time. Passed Assembly. Ordered to Senate.
08/30/2018 In Senate. Concurrence in Assembly amendments pending.
08/31/2018 Assembly amendments concurred in by Senate. Ordered to engrossing and enrolling.
09/12/2018 Enrolled and delivered to Governor.
09/22/2018 Approved by Governor.