California 2017-2018 Regular Session Status: Enacted Bipartisan · 12 D · 6 R cosponsors

AB 403 — Legislature: Legislative Employee Whistleblower Protection Act.

Last action — Chaptered by Secretary of State - Chapter 2, Statutes of 2018.

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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 09, 2017. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 65 sponsors

    1 primary, 64 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (12 D · 6 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 8 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 law generally protects employees who disclose illegal or improper workplace activities by prohibiting interference with, and retaliation for, making such disclosures. Existing law provides procedures for a person to file a complaint alleging violations of legislative ethics. Existing law also authorizes each house of the Legislature to adopt rules for its proceedings and to select committees necessary for the conduct of its business. This bill would impose criminal and civil liability on a Member of the Legislature or legislative employee, as defined, who interferes with, or retaliates against, a legislative employee's exercise of the right to make a protected disclosure, which is defined as a good faith allegation made by a legislative employee to specified entities that a Member of the Legislature or a legislative employee has engaged in, or will engage in, activity that may constitute a violation of law, including sexual harassment, or a violation of a legislative standard of conduct. The bill would also impose civil liability on an entity that interferes with, or retaliates against, a legislative employee's exercise of the right to make a protected disclosure, as specified. By creating new crimes, the 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 no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 2, Statutes of 2018.

  2. Approved by the Governor.

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

  4. Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 3924.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after February 3 pursuant to Assembly Rule 77.

  6. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 3237.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

  10. Ordered to second reading.

  11. Withdrawn from committee.

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  13. Re-referred to Com. on RLS.

  14. Withdrawn from committee.

  15. In committee: Held under submission.

  16. In committee: Referred to suspense file.

  17. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 13). Re-referred to Com. on APPR.

  18. Referred to Com. on JUD.

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

  20. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1487.)

  21. Read second time. Ordered to Consent Calendar.

  22. From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 3).

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 24). Re-referred to Com. on APPR.

  24. From committee: Do pass and re-refer to Com. on RLS. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (March 14). Re-referred to Com. on RLS.

  25. Referred to Coms. on JUD. and RLS.

  26. From printer. May be heard in committee March 12.

  27. Read first time. To print.

Sponsors

  • Dahle · Cosponsor
  • Portantino · Cosponsor
  • Baker · Cosponsor
  • Marc Berman · Cosponsor
  • Bigelow · Cosponsor
  • Chiu · Cosponsor
  • Gray · Cosponsor
  • Acosta · Cosponsor
  • Anderson · Cosponsor
  • Bates · Cosponsor
  • Brough · Cosponsor
  • Bradford · Cosponsor
  • Cannella · Cosponsor
  • Sabrina Cervantes · Cosponsor
  • Chau · Cosponsor
  • Phillip Chen · Cosponsor
  • Steven S. Choi · Cosponsor
  • Chu · Cosponsor
  • Chávez · Cosponsor
  • Dodd · Cosponsor
  • Heath Flora · Cosponsor
  • Friedman · Cosponsor
  • Fuller · Cosponsor
  • Galgiani · Cosponsor
  • James Gallagher · Cosponsor
  • Harper · Cosponsor
  • Hill · Cosponsor
  • Jacqui Irwin · Cosponsor
  • Kiley · Cosponsor
  • Tom Lackey · Cosponsor
  • Levine · Cosponsor
  • Leyva · Cosponsor
  • Monique Limón · Cosponsor
  • Maienschein · Cosponsor
  • Mayes · Cosponsor
  • Mike McGuire · Cosponsor
  • Melendez · Primary
  • Mullin · Cosponsor
  • Moorlach · Cosponsor
  • Morrell · Cosponsor
  • Al Muratsuchi · Cosponsor
  • Nazarian · Cosponsor
  • Nielsen · Cosponsor
  • Quirk · Cosponsor
  • Rodriguez · Cosponsor
  • Roth · Cosponsor
  • Steinorth · Cosponsor
  • Ting · Cosponsor
  • Stephanie Nguyen · Cosponsor
  • Joaquin Arambula · Cosponsor
  • Robert Garcia · Cosponsor
  • Vidak · Cosponsor
  • Voepel · Cosponsor
  • Waldron · Cosponsor
  • Scott D. Wiener · Cosponsor
  • Wilk · Cosponsor
  • Wood · Cosponsor
  • Mia Bonta · Cosponsor
  • Joe Patterson · Cosponsor
  • Mike Fong · Cosponsor
  • Mark Stone · Cosponsor
  • Beth Gaines · Cosponsor
  • Bill Berryhill · Cosponsor
  • Travis Allen · Cosponsor
  • Travis Allen · Cosponsor

Sponsorship breakdown

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1 sponsors · 64 co-sponsors · 57 not signed on

Sponsors (1)

  • Melendez

Co-sponsors (64)

Not signed on (57)

57 members have not signed on to this bill.

Show all 57 →

"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

Passed 75 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 54002
Democratic 15000
Republican 6000
Total 75002
% of votes cast 97%0%0%3%
How each member voted (77)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Maienschein — Yea
Mathis — Yea
Medina — Yea
Nazarian — Yea
Rendon — Yea
Santiago — Not Voting
Thurmond — Yea
Ting — Yea
Weber — Yea
Eggman — Yea
Cunningham — Yea
Daly — Yea
Friedman — Yea
Jones-Sawyer — Yea
Chiu — Yea
Frazier — Yea
Gloria — Yea
Harper — Yea
Rubio — Yea
Kiley — Yea
Salas — Yea
Levine — Yea
Burke — Yea
Fong — Yea
Gray — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Melendez — Yea
Mullin — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
O'Donnell — Yea
Obernolte — Yea
Quirk — Yea
Rodriguez — Yea
Steinorth — Yea
Voepel — Yea
Waldron — Yea
Wood — Yea
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — 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 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

Official roll call →

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 33002
Democratic 5000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bradford — Yea
Hertzberg — Yea
Mendoza — Not Voting
Newman — Yea
Wieckowski — Yea
Galgiani — Yea
Fuller — Yea
Allen — Yea
Cannella — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Glazer — Yea
Mitchell — Not Voting
Hernandez — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Bates — Yea
Beall — Yea
Dodd — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Wilk — 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 →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Bates — Yea
Nielsen — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 56001
Democratic 16000
Republican 5002
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Low — Yea
Mathis — Yea
Mullin — Yea
O'Donnell — Not Voting
Rendon — Yea
Santiago — Yea
Waldron — Yea
Eggman — Yea
Dababneh — Yea
Daly — Yea
Frazier — Yea
Friedman — Yea
Gloria — Yea
Gonzalez Fletcher — Yea
Gomez — Yea
Rubio — Yea
Salas — Yea
Holden — Yea
Chau — Yea
Jones-Sawyer — Yea
Kiley — Yea
Levine — Yea
Bocanegra — Yea
Gray — Yea
Maienschein — Yea
Mayes — Yea
McCarty — Yea
Baker — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Cunningham — Yea
Medina — Yea
Melendez — Yea
Obernolte — Yea
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Yea
Ting — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Burke — Yea
Chiu — Yea
Nazarian — Yea
Thurmond — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
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
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
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 Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Not Voting

Official roll call →

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Democratic 5000
Republican 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Brough — Yea
Eggman — Yea
Bigelow — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Friedman — Yea
Gray — Not Voting
Chau — Yea
Bloom — 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 →

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Republican 1000
Democratic 2000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Brough — Yea
Levine — Yea
Nazarian — Yea
Cooley — Yea
Cunningham — Yea
Friedman — Yea
Salas — Yea
Waldron — Yea
Cervantes, Sabrina Democratic Yea
Grayson, Timothy S. Democratic Yea
Chen, Phillip Republican Yea

Official roll call →

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 2000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Kiley — Yea
Maienschein — Yea
Cunningham — Yea
Chau — Yea
Holden — Yea
Chiu — Yea
Ting — Yea
Cristina Garcia — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 403 do?
Existing law generally protects employees who disclose illegal or improper workplace activities by prohibiting interference with, and retaliation for, making such disclosures. Existing law provides procedures for a person to file a complaint alleging violations of legislative ethics. Existing law also authorizes each house of the Legislature to adopt rules for its proceedings and to select committees necessary for the conduct of its business. This bill would impose criminal and civil liability on a Member of the Legislature or legislative employee, as defined, who interferes with, or retaliates against, a legislative employee's exercise of the right to make a protected disclosure, which is defined as a good faith allegation made by a legislative employee to specified entities that a Member of the Legislature or a legislative employee has engaged in, or will engage in, activity that may constitute a violation of law, including sexual harassment, or a violation of a legislative standard of conduct. The bill would also impose civil liability on an entity that interferes with, or retaliates against, a legislative employee's exercise of the right to make a protected disclosure, as specified. By creating new crimes, the 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 no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 403?
AB 403 is sponsored by Dahle, Portantino, Baker, Berman, Marc (Democratic), Bigelow, Chiu, Gray, Acosta, Anderson, Bates, Brough, Bradford, Cannella, Cervantes, Sabrina (Democratic), Chau, Chen, Phillip (Republican), Choi, Steven S. (Republican), Chu, Chávez, Dodd, Flora, Heath (Republican), Friedman, Fuller, Galgiani, Gallagher, James (Republican), Harper, Hill, Irwin, Jacqui (Democratic), Kiley, Lackey, Tom (Republican), Levine, Leyva, Limón, Monique (Democratic), Maienschein, Mayes, McGuire, Mike (Democratic), Melendez, Mullin, Moorlach, Morrell, Muratsuchi, Al (Democratic), Nazarian, Nielsen, Quirk, Rodriguez, Roth, Steinorth, Ting, Nguyen, Stephanie (Democratic), Arambula, Joaquin (Democratic), Garcia, Robert (Democratic), Vidak, Voepel, Waldron, Wiener, Scott D. (Democratic), Wilk, Wood, Bonta, Mia (Democratic), Patterson, Joe (Republican), Fong, Mike (Democratic), Mark Stone, Beth Gaines, Bill Berryhill, and Travis Allen.
What is the current status of AB 403?
This bill has been enacted into law. Introduced February 09, 2017. Enacted.
Where can I track AB 403?
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