California 2017-2018 Regular Session Status: Enacted 1 D cosponsors

AB 1615 — Gender discrimination: civil actions.

Last action — Chaptered by Secretary of State - Chapter 156, Statutes of 2017.

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

This bill has been enacted into law. Introduced February 17, 2017. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 1 sponsor

    1 primary, 0 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

Existing state and federal law prohibits discrimination based on sex. Existing state law, the Unruh Civil Rights Act, prohibits discrimination on a variety of personal characteristics including sex and defines sex to include pregnancy and childbirth. The act provides that sex includes gender and that gender is sex, and that gender includes gender identity and gender expression. Existing law prohibits a business from boycotting or discriminating, among other actions, based on a characteristic protected by the Unruh Civil Rights Act. Existing law, the Gender Tax Repeal Act of 1995, prohibits a business from discriminating on the basis of a person's gender with respect to the price charged for services of similar or like kind. That existing law does not prohibit price differences based on the amount of time, difficulty, or cost of providing the services. Existing law requires specified businesses, including tailors, barbers and hair salons, and dry cleaners and laundries providing services to individuals, to post a price list in an area conspicuous to customers and to display a clearly visible sign with specified information pertaining to the prohibition on gender-based pricing discrimination. Existing law prescribes remedies for violations of these prohibitions, which include actual damages, any amount determined by a jury or a court up to a maximum of 3 times the amount of actual damages but in no case less than $4,000, and attorney's fees to be determined by the court. This bill would enact the Small Business Gender Discrimination in Services Compliance Act, and would define a "gender discrimination in pricing services claim" as a civil claim in a civil action with respect to a business establishment, including, but not limited to, a claim brought under the Unruh Civil Rights Act or the Gender Tax Repeal Act of 1995, based on an alleged price difference charged for services of similar or like kind against a person because of the person's gender. The bill would require an attorney, with each demand letter or complaint alleging gender discrimination in pricing services, to provide the defendant or potential defendant with a copy of informational materials pertaining to the prohibition against discrimination in pricing of services. The bill would require those materials to include a specified advisory notice to be adopted by the Judicial Council and a pamphlet or informational materials to be developed by the Department of Consumer Affairs for use by tailors and businesses providing aftermarket clothing alterations, barbers and hair salons, and dry cleaners and laundries providing services to individuals that explain the business' rights and obligations under the Gender Tax Repeal Act of 1995.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 156, Statutes of 2017.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2569.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 15 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2025.).

  7. Read second time. Ordered to Consent Calendar.

  8. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

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

  10. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 20).

  11. Referred to Com. on JUD.

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0. Page 1619.)

  14. Read second time. Ordered to Consent Calendar.

  15. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 10).

  16. Re-referred to Com. on APPR.

  17. Read second time and amended.

  18. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 4).

  19. Referred to Com. on JUD.

  20. From printer. May be heard in committee March 21.

  21. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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 1615 GARCIA, E. Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 14001
Unaffiliated 57001
Republican 6000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Bigelow — Yea
Brough — Yea
Harper — Yea
Jones-Sawyer — Yea
Maienschein — Yea
Mathis — Yea
Nazarian — Yea
Rendon — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Ting — Yea
Waldron — Yea
Eggman — Yea
Chau — Yea
Chu — Yea
Gloria — Yea
Low — Yea
Mayes — Yea
Medina — Yea
Santiago — Yea
Thurmond — Yea
Gonzalez Fletcher — Yea
Fong — Yea
Salas — Yea
Acosta — Yea
Bloom — Yea
Burke — Yea
Frazier — Yea
Gray — Yea
Friedman — Yea
Bocanegra — Yea
Rubio — Yea
Holden — Yea
Kiley — Yea
Levine — Yea
McCarty — Yea
Melendez — Yea
Mullin — Yea
Baker — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
O'Donnell — Yea
Obernolte — Yea
Quirk — Yea
Steinorth — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Consent Calendar 2nd AB1615

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Hernandez — Yea
Leyva — Yea
Monning — Yea
Newman — Yea
Nielsen — Not Voting
Skinner — Yea
Cannella — Yea
Dodd — Yea
Hertzberg — Yea
Hueso — Yea
Moorlach — Yea
Wilk — Yea
Atkins — Yea
Mitchell — Yea
Bates — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Hill — Yea
Lara — Yea
Mendoza — Yea
Morrell — Yea
Pan — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Anderson — Yea
Beall — Yea
Bradford — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 1615 GARCIA, E. Consent Calendar Second Day

Passed 69 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 49008
Democratic 13003
Republican 7000
Total 690011
% of votes cast 86%0%0%14%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Kiley — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
McCarty — Yea
Obernolte — Yea
Rendon — Not Voting
Santiago — Not Voting
Thurmond — Yea
Weber — Yea
Eggman — Yea
Burke — Yea
Chu — Yea
Daly — Yea
Mayes — Yea
Gonzalez Fletcher — Yea
Medina — Yea
Melendez — Yea
Nazarian — Yea
Quirk — Yea
Rodriguez — Yea
Ting — Yea
Salas — Yea
Voepel — Yea
Wood — Yea
Gray — Yea
Bocanegra — Yea
Rubio — Yea
Frazier — Not Voting
Friedman — Not Voting
Gloria — Not Voting
Harper — Yea
Holden — Not Voting
Jones-Sawyer — Yea
Levine — Yea
Chau — Not Voting
Baker — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Mullin — Not Voting
O'Donnell — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Waldron — Yea
Cooper — Yea
Cunningham — Yea
Dababneh — Yea
Gomez — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 5000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Eggman — Yea
Gonzalez Fletcher — Yea
Gray — Yea
Friedman — Yea
Bocanegra — Yea
Chau — Yea
Obernolte — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 8 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 7002
Democratic 1001
Total 8003
% of votes cast 73%0%0%27%
How each member voted (11)
Member Party Vote
Kiley — Yea
Chiu — Yea
Holden — Yea
Maienschein — Yea
Chau — Yea
Ting — Yea
Cunningham — Not Voting
Cristina Garcia — Not Voting
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Not Voting

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 1615 do?
Existing state and federal law prohibits discrimination based on sex. Existing state law, the Unruh Civil Rights Act, prohibits discrimination on a variety of personal characteristics including sex and defines sex to include pregnancy and childbirth. The act provides that sex includes gender and that gender is sex, and that gender includes gender identity and gender expression. Existing law prohibits a business from boycotting or discriminating, among other actions, based on a characteristic protected by the Unruh Civil Rights Act. Existing law, the Gender Tax Repeal Act of 1995, prohibits a business from discriminating on the basis of a person's gender with respect to the price charged for services of similar or like kind. That existing law does not prohibit price differences based on the amount of time, difficulty, or cost of providing the services. Existing law requires specified businesses, including tailors, barbers and hair salons, and dry cleaners and laundries providing services to individuals, to post a price list in an area conspicuous to customers and to display a clearly visible sign with specified information pertaining to the prohibition on gender-based pricing discrimination. Existing law prescribes remedies for violations of these prohibitions, which include actual damages, any amount determined by a jury or a court up to a maximum of 3 times the amount of actual damages but in no case less than $4,000, and attorney's fees to be determined by the court. This bill would enact the Small Business Gender Discrimination in Services Compliance Act, and would define a "gender discrimination in pricing services claim" as a civil claim in a civil action with respect to a business establishment, including, but not limited to, a claim brought under the Unruh Civil Rights Act or the Gender Tax Repeal Act of 1995, based on an alleged price difference charged for services of similar or like kind against a person because of the person's gender. The bill would require an attorney, with each demand letter or complaint alleging gender discrimination in pricing services, to provide the defendant or potential defendant with a copy of informational materials pertaining to the prohibition against discrimination in pricing of services. The bill would require those materials to include a specified advisory notice to be adopted by the Judicial Council and a pamphlet or informational materials to be developed by the Department of Consumer Affairs for use by tailors and businesses providing aftermarket clothing alterations, barbers and hair salons, and dry cleaners and laundries providing services to individuals that explain the business' rights and obligations under the Gender Tax Repeal Act of 1995.
Who sponsors AB 1615?
AB 1615 is sponsored by Garcia, Robert (Democratic).
What is the current status of AB 1615?
This bill has been enacted into law. Introduced February 17, 2017. Enacted.
Where can I track AB 1615?
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