California 2017-2018 Regular Session Status: To Executive

AB 2713 — Public employment: sexual harassment tracking.

Last action — Vetoed by Governor.

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

This bill died with 2017-2018 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 law grants the Department of Human Resources the power to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Existing law prohibits a person from being discriminated against in the terms, conditions, and privileges of his or her employment with the state based on his or her medical condition, mental disability, or physical disability. Existing law provides that each state agency is responsible for an effective employment opportunity program within that agency, and requires the appointing power of that agency to carry out specified duties, including establishing procedures for filing, processing, and resolving discrimination complaints. Existing law requires the appointing power of each state agency, and the director of each state department, to appoint an equal employment opportunity officer to develop, implement, coordinate, and monitor the agency's equal employment opportunity program. The California Fair Employment and Housing Act (FEHA) makes specified employment practices unlawful, including sexual harassment of an employee or other specified persons by an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment. FEHA authorizes a person alleging a violation of specified provisions of the act relating to employment discrimination to submit a verified complaint to the Department of Fair Employment and Housing, and requires the department to take actions to investigate and conciliate that complaint. This bill would require the equal employment officer of each state agency to, by July 1, 2019, and annually on that date thereafter, submit a report to the Department of Human Resources that contains specified information relating to sexual harassment complaints received by, or filed with, that agency within a specified time period, and information related to any judgment or settlement paid or received by the agency relating to sexual harassment. The bill would prohibit the equal employment officer from including in the report any individually identifiable information pertaining to a complainant or witness. The bill would require the Department of Human Resources to, by January 1, 2020, and annually on that date thereafter, submit a report to the Legislature, and post the report, in a machine readable format, on its Internet Web site, using the information submitted by state agencies as described in the previous sentence that includes information related to sexual harassment complaints received by, or filed with, any state agency statewide during the time period reflected in the reports, as well as information related to any judgment or settlement paid or received statewide relating to sexual harassment. The bill would require the Department of Human Resources, in preparing that annual report, to include detailed information on each agency that submitted a report, and to provide specified information for each complaint. The bill would require the Department of Fair Employment and Housing by January 1, 2020, and annually on that date thereafter, to compile a report, and post it on it's Internet Web site, relating to sexual harassment complaints received by the Department of Fair Employment and Housing, pursuant to the provisions governing FEHA described above, and would require that report to include specified information relating to the number of verified complaints alleging sexual harassment received by, or filed with, the Department of Fair Employment and Housing, as well as the results of any investigation of those complaints. The bill would require the employment officer of each state agency, or supervisor directly involved in the investigation of a claim, who receives a complaint alleging sexual harassment to provide the complainant specified information in writing relating to the complainants rights under federal and state law.

Bill Text

Action History

  1. Vetoed by Governor.

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

  3. In Assembly. Ordered to Engrossing and Enrolling.

  4. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5532.).

  5. Read second time. Ordered to third reading.

  6. From committee: Do pass. (Ayes 7. Noes 0.) (August 16).

  7. In committee: Referred to APPR. suspense file.

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 26). Re-referred to Com. on APPR.

  9. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 11). Re-referred to Com. on JUD.

  10. Referred to Coms. on P.E. & R. and JUD.

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

  12. Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 5489.)

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 14. Noes 0.) (May 25).

  15. In committee: Set, first hearing. Referred to APPR. suspense file.

  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 24).

  19. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (April 18). Re-referred to Com. on JUD.

  20. Referred to Coms. on P.E., R., & S.S. and JUD.

  21. From printer. May be heard in committee March 18.

  22. Read first time. To print.

Sponsors

  • Rodriguez · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Rodriguez

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

3rd Reading AB2713 Rodriguez By Leyva

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
Anderson — Yea
Bates — Yea
Hueso — Yea
Nielsen — Yea
Skinner — Yea
Wilk — Yea
Chang — Yea
Dodd — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Cannella — Yea
Mitchell — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Hernandez — Yea
Hertzberg — Yea
Delgado — Yea
Hill — Yea
Allen — Yea
Lara — Yea
Beall — Yea
Bradford — Yea
Pan — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
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 →

Do pass

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
Bates — Yea
Beall — Yea
Hill — Yea
Nielsen — Yea
Portantino — Yea
Bradford — 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
Bates — Yea
Bradford — Yea
Hill — Yea
Portantino — Yea
Nielsen — Yea
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 2713 RODRIGUEZ Assembly Third Reading

Passed 72 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 53004
Democratic 15000
Republican 4002
Total 72006
% of votes cast 92%0%0%8%
How each member voted (78)
Member Party Vote
Acosta — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Not Voting
Holden — Yea
Levine — Yea
Maienschein — Yea
Mathis — Yea
Nazarian — Yea
Quirk — Yea
Thurmond — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Cooper — Yea
Frazier — Yea
Burke — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Gloria — Yea
Chu — Yea
Fong — Yea
Salas — Yea
Cooley — Yea
Kamlager-Dove — Yea
Gray — Yea
Low — Yea
Mayes — Yea
Medina — Yea
Cunningham — Yea
Melendez — Yea
Mullin — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Voepel — Yea
Rubio — Yea
Harper — Not Voting
Jones-Sawyer — Yea
Kiley — Not Voting
Baker — Yea
McCarty — Yea
Chiu — Yea
Chávez — Yea
O'Donnell — Yea
Obernolte — Yea
Steinorth — Yea
Waldron — Yea
Daly — Yea
Friedman — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
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 Not Voting
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 14 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 11002
Democratic 3000
Republican 0001
Total 14003
% of votes cast 82%0%0%18%
How each member voted (17)
Member Party Vote
Bigelow — Not Voting
Bloom — Yea
Brough — Not Voting
Nazarian — Yea
Fong — Yea
Gonzalez Fletcher — Yea
Obernolte — Yea
Quirk — Yea
Chau — Yea
Eggman — Yea
Friedman — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

Subjects

civil-rights labor
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Frequently asked questions

What does AB 2713 do?
Existing law grants the Department of Human Resources the power to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Existing law prohibits a person from being discriminated against in the terms, conditions, and privileges of his or her employment with the state based on his or her medical condition, mental disability, or physical disability. Existing law provides that each state agency is responsible for an effective employment opportunity program within that agency, and requires the appointing power of that agency to carry out specified duties, including establishing procedures for filing, processing, and resolving discrimination complaints. Existing law requires the appointing power of each state agency, and the director of each state department, to appoint an equal employment opportunity officer to develop, implement, coordinate, and monitor the agency's equal employment opportunity program. The California Fair Employment and Housing Act (FEHA) makes specified employment practices unlawful, including sexual harassment of an employee or other specified persons by an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment. FEHA authorizes a person alleging a violation of specified provisions of the act relating to employment discrimination to submit a verified complaint to the Department of Fair Employment and Housing, and requires the department to take actions to investigate and conciliate that complaint. This bill would require the equal employment officer of each state agency to, by July 1, 2019, and annually on that date thereafter, submit a report to the Department of Human Resources that contains specified information relating to sexual harassment complaints received by, or filed with, that agency within a specified time period, and information related to any judgment or settlement paid or received by the agency relating to sexual harassment. The bill would prohibit the equal employment officer from including in the report any individually identifiable information pertaining to a complainant or witness. The bill would require the Department of Human Resources to, by January 1, 2020, and annually on that date thereafter, submit a report to the Legislature, and post the report, in a machine readable format, on its Internet Web site, using the information submitted by state agencies as described in the previous sentence that includes information related to sexual harassment complaints received by, or filed with, any state agency statewide during the time period reflected in the reports, as well as information related to any judgment or settlement paid or received statewide relating to sexual harassment. The bill would require the Department of Human Resources, in preparing that annual report, to include detailed information on each agency that submitted a report, and to provide specified information for each complaint. The bill would require the Department of Fair Employment and Housing by January 1, 2020, and annually on that date thereafter, to compile a report, and post it on it's Internet Web site, relating to sexual harassment complaints received by the Department of Fair Employment and Housing, pursuant to the provisions governing FEHA described above, and would require that report to include specified information relating to the number of verified complaints alleging sexual harassment received by, or filed with, the Department of Fair Employment and Housing, as well as the results of any investigation of those complaints. The bill would require the employment officer of each state agency, or supervisor directly involved in the investigation of a claim, who receives a complaint alleging sexual harassment to provide the complainant specified information in writing relating to the complainants rights under federal and state law.
Who sponsors AB 2713?
AB 2713 is sponsored by Rodriguez.
What is the current status of AB 2713?
This bill died with 2017-2018 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 2713?
Track AB 2713 free on One Click Politics — get push/email alerts when it moves.

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