California 2017-2018 Regular Session Status: To Executive 1 D cosponsors

SB 169 — Education: sex equity.

Last action — Last day to consider Governor’s veto pursuant to Joint Rule 58.5.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance. A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, and the Sex Equity in Education Act establish, among other things, that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the educational institutions of the state. Specified provisions of law relating to educational equity in schools, including the Equity in Education Act and the Equity in Higher Education Act, define, in the same way, "sexual harassment" for the purposes of their respective provisions. Based on federal regulations, this bill would define "sexual harassment" to include "sexual violence," as defined, for the purposes of those state laws. The bill would, among other things, require the appropriate governing board or body of each elementary and secondary school that receives state financial assistance, and the appropriate governing board or body of each higher education institution that receives state funds for student financial assistance, to, as a condition of receiving that financial assistance, comply with certain requirements, based on federal regulations. The bill would express the intent of the Legislature that each local educational agency, and would require the appropriate governing board or body of each higher education institution that receives state funds for student financial assistance to, designate at least one employee to act as a sex equity coordinator or officer, as applicable. The bill would require, on or before July 1, 2018, the appropriate governing board or body of each higher education institution that receives state funds for student financial assistance to, as a condition of receiving that financial assistance, adopt regulations to, among other things, ensure that implementation of the applicable provisions of the bill at the institution is, to the greatest extent possible, consistent with federal regulations. By imposing new duties on school districts, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Last day to consider Governor’s veto pursuant to Joint Rule 58.5.

  2. In Senate. Consideration of Governor's veto pending.

  3. Vetoed by the Governor.

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

  5. Assembly amendments concurred in. (Ayes 28. Noes 10. Page 2924.) Ordered to engrossing and enrolling.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 61. Noes 12. Page 3260.) Ordered to the Senate.

  8. Ordered to third reading.

  9. Read third time and amended.

  10. Read second time. Ordered to third reading.

  11. Read second time and amended. Ordered to second reading.

  12. From committee: Do pass as amended. (Ayes 11. Noes 5.) (September 1).

  13. August 23 set for first hearing. Placed on APPR. suspense file.

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 2.) (July 11). Re-referred to Com. on APPR.

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HIGHER ED.

  16. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HIGHER ED.

  17. From committee: Do pass and re-refer to Com. on HIGHER ED. (Ayes 9. Noes 1.) (June 27). Re-referred to Com. on HIGHER ED.

  18. Coauthors revised.

  19. Re-referred to Coms. on JUD. and HIGHER ED. pursuant to Assembly Rule 96.

  20. Referred to Coms. on HIGHER ED. and JUD.

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

  22. Read third time. Passed. (Ayes 26. Noes 10. Page 1305.) Ordered to the Assembly.

  23. Published May 26 at 10 a.m.

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

  25. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1178.) (May 25).

  26. Set for hearing May 25.

  27. May 15 hearing: Placed on APPR. suspense file.

  28. Set for hearing May 15.

  29. May 8 hearing postponed by committee.

  30. Set for hearing May 8.

  31. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 851.) (April 25). Re-referred to Com. on APPR.

  32. Set for hearing April 25.

  33. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 1. Page 782.) (April 19). Re-referred to Com. on JUD.

  34. Set for hearing April 19.

  35. From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.

  36. Re-referred to Coms. on ED. and JUD.

  37. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  38. Referred to Com. on RLS.

  39. From printer. May be acted upon on or after February 23.

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

Sponsors

  • De León · Cosponsor
  • Gonzalez Fletcher · Cosponsor
  • Beall · Cosponsor
  • Chiu · Cosponsor
  • Jackson · Primary
  • Sharon Quirk-Silva · Cosponsor
  • Cristina Garcia · Cosponsor

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 115 not signed on · 7 voted No

Sponsors (1)

  • Jackson

Co-sponsors (6)

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"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 28 Yea · 10 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 24902
Democratic 4100
Total 281002
% of votes cast 70%25%0%5%
How each member voted (40)
Member Party Vote
Bradford — Yea
Hertzberg — Yea
Leyva — Yea
Wieckowski — Yea
Cannella — Not Voting
Galgiani — Yea
Glazer — Yea
Hernandez — Yea
Hill — Yea
Hueso — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Beall — Yea
Dodd — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Newman — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Wilk — Yea
Fuller — Nay
Anderson — Nay
Bates — Nay
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Vidak — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Passed 61 Yea · 12 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 45904
Democratic 15000
Republican 1302
Total 611206
% of votes cast 77%15%0%8%
How each member voted (79)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Jones-Sawyer — Yea
Levine — Yea
Mathis — Nay
Obernolte — Nay
Quirk — Yea
Santiago — Yea
Steinorth — Not Voting
Voepel — Nay
Waldron — Yea
Cooper — Yea
Eggman — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Frazier — Yea
Gloria — Yea
Friedman — Yea
Holden — Yea
Rubio — Yea
Salas — Yea
Bocanegra — Yea
Low — Yea
Burke — Yea
Gray — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Maienschein — Yea
McCarty — Yea
Medina — Yea
Melendez — Nay
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Rendon — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Wood — Yea
Fong — Nay
Harper — Nay
Kiley — Nay
Mayes — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Mark Stone — Yea
Travis Allen — Not Voting
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 Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8401
Democratic 3000
Republican 0100
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Bloom — Yea
Brough — Nay
Jones-Sawyer — Yea
Eggman — Yea
Friedman — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Fong — Nay
Gray — Not Voting
Bigelow — Nay
Obernolte — Nay
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Passed 11 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8100
Republican 0100
Democratic 3000
Total 11200
% of votes cast 85%15%0%0%
How each member voted (13)
Member Party Vote
Bloom — Yea
Kiley — Nay
Levine — Yea
Weber — Yea
Chávez — Yea
Baker — Yea
Low — Yea
Medina — Yea
Santiago — Yea
Arambula, Joaquin Democratic Yea
Irwin, Jacqui Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Choi, Steven S. Republican Nay

Official roll call →

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 7101
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Chiu — Yea
Chau — Yea
Cunningham — Not Voting
Holden — Yea
Kiley — Nay
Maienschein — Yea
Ting — Yea
Cristina Garcia — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

Passed 26 Yea · 10 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 22904
Democratic 4100
Total 261004
% of votes cast 65%25%0%10%
How each member voted (40)
Member Party Vote
Beall — Yea
Bradford — Yea
Hernandez — Yea
Moorlach — Nay
Fuller — Nay
Glazer — Yea
Cannella — Not Voting
Galgiani — Yea
Allen — Yea
De León — Yea
Atkins — Yea
Mitchell — Yea
Dodd — Yea
Portantino — Not Voting
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Anderson — Nay
Bates — Nay
Lara — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Morrell — Nay
Newman — Yea
Nielsen — Nay
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Nay
Wieckowski — Yea
Wilk — Not Voting
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Bradford — Yea
Hill — Yea
Lara — Yea
Beall — Yea
Nielsen — Nay
Wiener, Scott D. Democratic Yea

Official roll call →

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

Official roll call →

Subjects

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Frequently asked questions

What does SB 169 do?
Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance. A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, and the Sex Equity in Education Act establish, among other things, that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the educational institutions of the state. Specified provisions of law relating to educational equity in schools, including the Equity in Education Act and the Equity in Higher Education Act, define, in the same way, "sexual harassment" for the purposes of their respective provisions. Based on federal regulations, this bill would define "sexual harassment" to include "sexual violence," as defined, for the purposes of those state laws. The bill would, among other things, require the appropriate governing board or body of each elementary and secondary school that receives state financial assistance, and the appropriate governing board or body of each higher education institution that receives state funds for student financial assistance, to, as a condition of receiving that financial assistance, comply with certain requirements, based on federal regulations. The bill would express the intent of the Legislature that each local educational agency, and would require the appropriate governing board or body of each higher education institution that receives state funds for student financial assistance to, designate at least one employee to act as a sex equity coordinator or officer, as applicable. The bill would require, on or before July 1, 2018, the appropriate governing board or body of each higher education institution that receives state funds for student financial assistance to, as a condition of receiving that financial assistance, adopt regulations to, among other things, ensure that implementation of the applicable provisions of the bill at the institution is, to the greatest extent possible, consistent with federal regulations. By imposing new duties on school districts, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors SB 169?
SB 169 is sponsored by De León, Gonzalez Fletcher, Beall, Chiu, Jackson, Quirk-Silva, Sharon (Democratic), and Cristina Garcia.
What is the current status of SB 169?
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 SB 169?
Track SB 169 free on One Click Politics — get push/email alerts when it moves.

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