California 2011-2012 Regular Session Status: Enacted 1 D cosponsors

SB 559 — Discrimination: genetic information.

Last action — Chaptered by Secretary of State. Chapter 261, Statutes of 2011.

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

This bill has been enacted into law. Introduced February 17, 2011. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The Unruh Civil Rights Act generally prohibits business establishments from discriminating on specified bases. The California Fair Employment and Housing Act (FEHA) prohibits discrimination in housing and employment on specified bases. Existing law prohibits discrimination on specified bases against any person in any program or activity conducted, operated, or administered by the state or by any state agency, or that is funded directly by the state, or that receives any financial assistance from the state. This bill would further prohibit discrimination under the above-described provisions on the basis of genetic information, would define that term, and would making conforming changes. By expanding the bases upon which discrimination is prohibited under the above-described provisions to include genetic information, this bill would, except as specified, also expand the bases upon which discrimination is prohibited under other antidiscrimination provisions that prohibit discrimination on the same bases as provided for in the above-described provisions. Other antidiscrimination provisions include provisions pertaining to the provision of emergency services. Specifically, existing law prohibits the provision of emergency services and care in a health facility from being based upon, or affected by, among other things, any characteristic listed or defined in the Unruh Civil Rights Act. Additionally, existing law provides that as a condition of licensure, each hospital is required to adopt a policy prohibiting discrimination in the provision of emergency services and care based on, among other things, any characteristic listed or defined in the Unruh Civil Rights Act. A violation of these provisions is a misdemeanor. By adding genetic information to the list of characteristics listed in the Unruh Civil Rights Act, this bill would expand the bases upon which a health facility may not discriminate in the provision of emergency services. By expanding the definition of a crime, this bill would impose a state-mandated local program. Under FEHA, a person who holds an ownership interest of record in property that he or she believes is the subject of an unlawfully restrictive covenant based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry, may record a Restrictive Covenant Modification, which existing law requires include a copy of the original document with the illegal language stricken. Before recording the modification document, existing law requires the county recorder to submit the modification document and the original document to the county counsel who is required to determine whether the original document contains an unlawful restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry. This bill would require the county counsel, additionally, to determine if there exists an unlawful restriction based on genetic information after county counsel receives the modification document and the original document from the county recorder. Under existing law, a county recorder, title insurance company, escrow company, real estate broker, real estate agent, or association that provides a copy of a declaration, governing document, or deed to any person is required to place a cover page or stamp on the previously recorded document stating that if the document contains an unlawful restriction, that restriction is void and may be removed by recording a Restrictive Covenant Modification. The bill would modify the information the county recorder is required to provide on the above-described cover page or stamp to reflect the changes this bill would make in prohibiting restrictions on the basis of genetic information. This bill would incorporate additional changes to Section 51 of the Civil Code, Section 3228 of the Education Code, and Sections 12920, 12921, 12926, 12930, 12931, 12935, 12940, 12944, 12955, 12955.8, 12956.1, and 12956.2 of the Government Code, proposed by AB 887, to be operative only if AB 887 and this bill are both enacted, both bills become effective on or before January 1, 2012, and this bill is enacted last. By creating new duties for county counsel and county recorders, this bill would impose a state-mandated local program. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 261, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 24. Noes 10. Page 2000.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 53. Noes 22. Page 2446.) Ordered to the Senate.

  7. (Corrected August 16.)

  8. Ordered to third reading.

  9. Read third time and amended. (Page 2390.)

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 11. Noes 5.) (July 6).

  12. Read second time and amended. Re-referred to Com. on APPR.

  13. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (June 14).

  14. Referred to Com. on JUD.

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Passed. (Ayes 25. Noes 13. Page 1035.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  19. Set for hearing May 9.

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 2. Page 765.) (April 26). Re-referred to Com. on APPR.

  21. Set for hearing April 26.

  22. Referred to Com. on JUD.

  23. From printer. May be acted upon on or after March 20.

  24. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 6 voted No

Sponsors (1)

Co-sponsors (2)

  • Atkins
  • Wieckowski

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

Unfinished Business SB559 Padilla Concurrence

Passed 24 Yea · 10 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 231004
Republican 0001
Democratic 1001
Total 241006
% of votes cast 60%25%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Evans — Yea
Wyland — Not Voting
Fuller — Nay
Hancock — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Hernandez — Yea
Rubio — Yea
Cannella — Yea
Kehoe — Yea
Corbett — Yea
Runner — Nay
Leno — Yea
Correa — Yea
Liu — Yea
Anderson — Nay
DeSaulnier — Yea
Dutton — Nay
Pavley — Yea
Price — Not Voting
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Nay
Wright — Yea
Alquist — Yea
Blakeslee — Nay
Harman — Nay
Huff — Nay
Lieu — Yea
Wolk — Yea
Emmerson — Not Voting
Beth Gaines — Nay
Bill Berryhill — Not Voting
La Malfa — Nay
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

SB 559 Padilla Senate Third Reading By ATKINS

Passed 53 Yea · 22 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 522005
Republican 0200
Democratic 1000
Total 532205
% of votes cast 66%28%0%6%
How each member voted (80)
Member Party Vote
Hagman — Nay
Butler — Yea
Carter — Yea
Fong — Yea
Allen — Yea
Fuentes — Yea
Galgiani — Yea
Garrick — Nay
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Gordon — Yea
Fletcher — Yea
Halderman — Yea
Cedillo — Yea
Hall — Yea
Atkins — Yea
Huber — Yea
Hueso — Yea
Chesbro — Yea
Beall — Yea
Block — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Lara — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Olsen — Nay
Pan — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Wieckowski — Yea
Williams — Yea
Harkey — Nay
Jeffries — Nay
Knight — Nay
Donnelly — Nay
Miller — Nay
Nestande — Nay
Norby — Nay
Silva — Nay
Gorell — Not Voting
Hill — Not Voting
Bonilla — Not Voting
Torres — Not Voting
Valadao — Not Voting
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Ma — Yea
Mansoor — Nay
Morrell — Nay
Nielsen — Nay
Perea — Yea
Smyth — Yea
Wagner — Nay
Eng — Yea
Feuer — Yea
Dickinson — Yea
Furutani — Yea
Gatto — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10501
Democratic 1000
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Campos — Yea
Fuentes — Yea
Gatto — Yea
Mitchell — Yea
Hall — Yea
Harkey — Nay
Hill — Yea
Donnelly — Nay
Lara — Yea
Nielsen — Nay
Norby — Nay
Solorio — Yea
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Davis — Not Voting
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 25 Yea · 13 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 231202
Democratic 2000
Republican 0100
Total 251302
% of votes cast 63%33%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Lieu — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Rubio — Yea
Evans — Yea
Cannella — Yea
Runner — Nay
Fuller — Nay
Harman — Nay
Anderson — Nay
Blakeslee — Nay
Dutton — Nay
Huff — Nay
Leno — Yea
Vargas — Yea
Walters — Nay
Alquist — Yea
Hernandez — Not Voting
Kehoe — Yea
Pavley — Yea
Steinberg — Yea
Wolk — Yea
Wright — Yea
Wyland — Nay
Corbett — Yea
Emmerson — Not Voting
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

civil-rights health-insurance
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Frequently asked questions

What does SB 559 do?
The Unruh Civil Rights Act generally prohibits business establishments from discriminating on specified bases. The California Fair Employment and Housing Act (FEHA) prohibits discrimination in housing and employment on specified bases. Existing law prohibits discrimination on specified bases against any person in any program or activity conducted, operated, or administered by the state or by any state agency, or that is funded directly by the state, or that receives any financial assistance from the state. This bill would further prohibit discrimination under the above-described provisions on the basis of genetic information, would define that term, and would making conforming changes. By expanding the bases upon which discrimination is prohibited under the above-described provisions to include genetic information, this bill would, except as specified, also expand the bases upon which discrimination is prohibited under other antidiscrimination provisions that prohibit discrimination on the same bases as provided for in the above-described provisions. Other antidiscrimination provisions include provisions pertaining to the provision of emergency services. Specifically, existing law prohibits the provision of emergency services and care in a health facility from being based upon, or affected by, among other things, any characteristic listed or defined in the Unruh Civil Rights Act. Additionally, existing law provides that as a condition of licensure, each hospital is required to adopt a policy prohibiting discrimination in the provision of emergency services and care based on, among other things, any characteristic listed or defined in the Unruh Civil Rights Act. A violation of these provisions is a misdemeanor. By adding genetic information to the list of characteristics listed in the Unruh Civil Rights Act, this bill would expand the bases upon which a health facility may not discriminate in the provision of emergency services. By expanding the definition of a crime, this bill would impose a state-mandated local program. Under FEHA, a person who holds an ownership interest of record in property that he or she believes is the subject of an unlawfully restrictive covenant based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry, may record a Restrictive Covenant Modification, which existing law requires include a copy of the original document with the illegal language stricken. Before recording the modification document, existing law requires the county recorder to submit the modification document and the original document to the county counsel who is required to determine whether the original document contains an unlawful restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry. This bill would require the county counsel, additionally, to determine if there exists an unlawful restriction based on genetic information after county counsel receives the modification document and the original document from the county recorder. Under existing law, a county recorder, title insurance company, escrow company, real estate broker, real estate agent, or association that provides a copy of a declaration, governing document, or deed to any person is required to place a cover page or stamp on the previously recorded document stating that if the document contains an unlawful restriction, that restriction is void and may be removed by recording a Restrictive Covenant Modification. The bill would modify the information the county recorder is required to provide on the above-described cover page or stamp to reflect the changes this bill would make in prohibiting restrictions on the basis of genetic information. This bill would incorporate additional changes to Section 51 of the Civil Code, Section 3228 of the Education Code, and Sections 12920, 12921, 12926, 12930, 12931, 12935, 12940, 12944, 12955, 12955.8, 12956.1, and 12956.2 of the Government Code, proposed by AB 887, to be operative only if AB 887 and this bill are both enacted, both bills become effective on or before January 1, 2012, and this bill is enacted last. By creating new duties for county counsel and county recorders, this bill would impose a state-mandated local program. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors SB 559?
SB 559 is sponsored by Atkins, Wieckowski, and Padilla, Stephen C. (Democratic).
What is the current status of SB 559?
This bill has been enacted into law. Introduced February 17, 2011. Enacted.
Where can I track SB 559?
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