SB 1364 California Senate · 2021-2022 Regular Session

University of California: vendors.

Summary
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.
Bill status vetoed 4 of 5 stages cleared
Introduction
Feb 2022
Committee Review
Aug 2022
Senate Passage
May 2022
Assembly Passage
Aug 2022
Vetoed
Sep 2022
Introduced Feb 18, 2022 Vetoed Sep 29, 2022
Floor votes · Senate May 25, 2022 · Assembly Aug 24, 2022

How they voted

2510
Passed · 2 other
Total votes 37
May 25, 2022
D Democratic29
25 Yea 2 Nay 2
86% Yea
R Republican8
8 Nay
100% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
30
Key actions
11
Committee
8
Amendments
5
Sep 29, 2022
Vetoed
In Senate. Consideration of Governor's veto pending.
upper
Sep 29, 2022
Vetoed
Vetoed by the Governor.
upper
Aug 30, 2022
Upper · Passed
Assembly amendments concurred in. (Ayes 35. Noes 11. Page 5309.) Ordered to engrossing and enrolling.
upper
Aug 24, 2022
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 24, 2022
Lower · Passed
Read third time. Passed. (Ayes 55. Noes 16. Page 6184.) Ordered to the Senate.
lower
Aug 11, 2022
Lower · Passed
From committee: Do pass. (Ayes 11. Noes 5.) (August 11).
lower
Jun 22, 2022
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 22). Re-referred to Com. on APPR.
lower
Jun 14, 2022
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & E.
lower
Jun 14, 2022
Lower · Passed
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.
lower
Jun 6, 2022
Committee
Re-referred to Coms. on JUD. and L. & E. pursuant to Assembly Rule 96.
lower
Jun 2, 2022
Committee
Referred to Coms. on L. & E. and JUD.
lower
May 25, 2022
Upper · Passed
Read third time. Passed. (Ayes 27. Noes 11. Page 3914.) Ordered to the Assembly.
upper
May 19, 2022
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 1. Page 3794.) (May 19).
upper
Apr 21, 2022
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Apr 20, 2022
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 3438.) (April 19).
upper
Apr 5, 2022
Upper · Passed
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.
upper
Mar 9, 2022
Committee
Referred to Coms. on L., P.E. & R. and JUD.
upper
Feb 18, 2022
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 9 co-sponsors

Sponsors