California 2009-2010 Regular Session Status: To Executive

AB 1680 — Civil rights: waiver of rights.

Last action — Vetoed by Governor.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing civil rights provisions provide that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of position in a labor dispute, or sex, race, color, religion, ancestry, national origin, disability, or medical condition, or because another person perceives them to have one or more of those characteristics. Those civil rights provisions provide civil remedies for violations of their provisions. This bill would prohibit a person from requiring a waiver of the protections afforded under those provisions as a condition of entering into a contract for the provision of goods or services, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Attorney General or any other public prosecutor, or law enforcement agency, the Department of Fair Employment and Housing, or any court or other governmental entity. This bill would require any waiver of the protections afforded under those provisions to be knowing and voluntary, and in writing, and expressly not made as a condition of entering into the contract or as a condition of providing or receiving goods or services. This bill would provide that any person seeking the enforcement of a waiver of the protections afforded under those civil rights provisions shall have the burden of proving that the waiver was knowing and voluntary and not made as a condition of the contract or of providing or receiving the goods or services. The bill's provisions would apply to contracts entered into, removed, altered, modified, or extended on and after January 1, 2011. This bill would provide that its provisions shall not be construed to negate other specified provisions. This bill would include legislative findings and declarations with respect to the public policy underlying its provisions. This bill would incorporate additional changes to Section 51.7 of the Civil Code as proposed by AB 2706, to be operative only if AB 2706 and this bill are both enacted and become effective on or before January 1, 2011, both bills amend those sections, and this bill is enacted after AB 2706 is enacted.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 10:55 a.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 50. Noes 27. Page 6653.)

  4. Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6645.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 23. Noes 13. Page 4828.)

  7. Read second time. To third reading.

  8. Read third time, amended. To second reading.

  9. Read second time and amended. Ordered to third reading.

  10. From committee: Amend, and do pass as amended. (Ayes 3. Noes 1.) (June 29).

  11. In committee: Set, first hearing. Hearing canceled at the request of author.

  12. Referred to Com. on JUD.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time, passed, and to Senate. (Ayes 44. Noes 27. Page 4941.)

  15. Read third time, amended, and returned to third reading. (Page 4788.).

  16. Read second time. To third reading.

  17. Read second time and amended. Ordered returned to second reading.

  18. From committee: Amend, and do pass as amended. (Ayes 6. Noes 3.) (March 16).

  19. In committee: Hearing postponed by committee.

  20. In committee: Set, first hearing. Hearing canceled at the request of author.

  21. Referred to Com. on JUD.

  22. From printer. May be heard in committee February 25.

  23. Read first time. To print.

Sponsors

  • Ammiano · Cosponsor
  • Blumenfield · Cosponsor
  • Brownley · Cosponsor
  • Saldana · Primary
  • Jones · Cosponsor
  • John A. Perez · Cosponsor
  • Hancock · Cosponsor
  • Leno · Cosponsor
  • Lieu · Cosponsor
  • Nava · Cosponsor
  • Pavley · Cosponsor
  • Skinner · Cosponsor
  • Torrico · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 12 co-sponsors · 109 not signed on · 4 voted No

Sponsors (1)

  • Saldana

Co-sponsors (12)

  • Ammiano
  • Blumenfield
  • Brownley
  • Jones
  • John A. Perez
  • Hancock
  • Leno
  • Lieu
  • Nava
  • Pavley
  • Skinner
  • Torrico

Not signed on (109)

109 members have not signed on to this bill.

Show all 109 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1680 SALDANA Concurrence in Senate Amendments

Passed 59 Yea · 30 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 552801
Democratic 3000
Republican 1200
Total 593001
% of votes cast 66%33%0%1%
How each member voted (90)
Member Party Vote
Adams — Nay
Carter — Yea
Evans — Yea
Fuentes — Yea
Chesbro — Yea
Gatto — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Charles — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Mendoza — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Bass — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Nava — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Bill — Nay
Tom — Nay
Fletcher — Nay
Audra — Nay
Fuller — Nay
Furutani — Not Voting
Garrick — Nay
Gilmore — Nay
Conway — Nay
Hagman — Nay
Harkey — Nay
Jeffries — Nay
Knight — Nay
Miller — Nay
Nestande — Nay
Norby — Nay
Silva — Nay
Cook — Nay
DeVore — Nay
Villines — Nay
Ammiano — Yea
Anderson — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Logue — Nay
Monning — Yea
Nielsen — Nay
Ruskin — Yea
Smyth — Nay
Swanson — Yea
Torrico — Yea
Tran — Nay
Eng — Yea
Feuer — Yea
Yamada — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB1680 Saldana By Leno

Passed 24 Yea · 13 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 221203
Democratic 2000
Republican 0100
Total 241303
% of votes cast 60%33%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Hancock — Yea
Ducheny — Yea
Kehoe — Yea
Liu — Yea
Lowenthal — Yea
Negrete — Yea
Ashburn — Yea
Pavley — Yea
Price — Yea
Runner — Nay
Cogdill — Nay
Harman — Not Voting
Hollingsworth — Nay
Huff — Nay
Blakeslee — Nay
Dutton — Nay
Simitian — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Leno — Yea
McLeod — Yea
Oropeza — Not Voting
Romero — Yea
Steinberg — Yea
Wiggins — Not Voting
Wyland — Nay
Corbett — Yea
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 3 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3101
Total 3101
% of votes cast 60%20%0%20%
How each member voted (5)
Member Party Vote
Hancock — Yea
Corbett — Yea
Harman — Nay
Walters — Not Voting
Leno — Yea

Official roll call →

AB 1680 SALDANA Assembly Third Reading

Passed 52 Yea · 30 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 502807
Democratic 2001
Republican 0201
Total 523009
% of votes cast 57%33%0%10%
How each member voted (91)
Member Party Vote
Hall — Yea
Smyth — Nay
Carter — Yea
Chesbro — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Charles — Yea
Fuller — Nay
Furutani — Yea
Gilmore — Nay
Hagman — Nay
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Nay
Cook — Nay
Bill — Nay
Tom — Nay
Harkey — Nay
Hayashi — Yea
Hill — Yea
Fletcher — Nay
Anderson — Nay
Beall — Yea
Coto — Yea
Davis — Yea
Huber — Yea
Jeffries — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Nestande — Nay
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Bonnie — Not Voting
Lowenthal — Not Voting
Bass — Not Voting
Norby — Not Voting
Torrico — Not Voting
Villines — Nay
Adams — Nay
Ammiano — Yea
Blakeslee — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Nay
Swanson — Yea
Tran — Nay
Audra — Nay
Emmerson — Nay
Feuer — Yea
DeVore — Nay
Yamada — Yea
Galgiani — Not Voting
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 6 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5300
Republican 1000
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Hagman — Nay
Lieu — Yea
Monning — Yea
Brownley — Yea
Knight — Nay
Skinner — Yea
Tran — Nay
Feuer — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1680 do?
Existing civil rights provisions provide that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of position in a labor dispute, or sex, race, color, religion, ancestry, national origin, disability, or medical condition, or because another person perceives them to have one or more of those characteristics. Those civil rights provisions provide civil remedies for violations of their provisions. This bill would prohibit a person from requiring a waiver of the protections afforded under those provisions as a condition of entering into a contract for the provision of goods or services, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Attorney General or any other public prosecutor, or law enforcement agency, the Department of Fair Employment and Housing, or any court or other governmental entity. This bill would require any waiver of the protections afforded under those provisions to be knowing and voluntary, and in writing, and expressly not made as a condition of entering into the contract or as a condition of providing or receiving goods or services. This bill would provide that any person seeking the enforcement of a waiver of the protections afforded under those civil rights provisions shall have the burden of proving that the waiver was knowing and voluntary and not made as a condition of the contract or of providing or receiving the goods or services. The bill's provisions would apply to contracts entered into, removed, altered, modified, or extended on and after January 1, 2011. This bill would provide that its provisions shall not be construed to negate other specified provisions. This bill would include legislative findings and declarations with respect to the public policy underlying its provisions. This bill would incorporate additional changes to Section 51.7 of the Civil Code as proposed by AB 2706, to be operative only if AB 2706 and this bill are both enacted and become effective on or before January 1, 2011, both bills amend those sections, and this bill is enacted after AB 2706 is enacted.
Who sponsors AB 1680?
AB 1680 is sponsored by Ammiano, Blumenfield, Brownley, Saldana, Jones, John A. Perez, Hancock, Leno, Lieu, Nava, Pavley, Skinner, and Torrico.
What is the current status of AB 1680?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1680?
Track AB 1680 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 1680

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 1680

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →