AB 2317 — Whistleblower protection: county patients' rights advocates.
Last action — Vetoed by Governor.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 prohibits an employer, as defined, or any person acting on behalf of the employer, as defined, from, among other things, preventing an employee from, or retaliating against an employee for, providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of a law, regardless of whether disclosing the information is part of the employee's job duties. A violation of these provisions is a crime. This bill would extend the protections afforded to employees under these provisions to county patients' rights advocates appointed or under contract to provide services relating to mental health advocacy. The bill would provide that prohibitions against retaliation by an employer apply to the state or local contracting agency under these provisions. Because this bill would create a new crime, it 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.
Bill Text
- Enrolled 08/27/18 - Enrolled Current pdf August 27, 2018
- Amended 05/25/18 - Amended Assembly pdf May 25, 2018
- Amended 04/16/18 - Amended Assembly pdf April 16, 2018
- Introduced 02/13/18 - Introduced pdf February 13, 2018
- AB2317 View text html
Action History
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Vetoed by Governor.
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Enrolled and presented to the Governor at 4:30 p.m.
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In Assembly. Ordered to Engrossing and Enrolling.
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Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5703.).
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Ordered to special consent calendar.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 7. Noes 0.) (August 16).
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In committee: Referred to APPR. suspense file.
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From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 19). Re-referred to Com. on APPR.
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Referred to Com. on JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 5645.)
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. (Ayes 12. Noes 0.) (May 25).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 25). Re-referred to Com. on APPR.
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Re-referred to Com. on L. & E.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
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Referred to Com. on L. & E.
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From printer. May be heard in committee March 16.
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Read first time. To print.
Sponsors
- Eggman · Primary
- Eloise Gómez Reyes · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on
Sponsors (1)
- Eggman
Co-sponsors (1)
- Reyes, Eloise Gómez Democratic
Not signed on (120)
120 members have not signed on to this bill.
Show all 120 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 34 | 0 | 0 | 1 |
| Democratic | 5 | 0 | 0 | 0 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Yea |
| Bates | — | Yea |
| Hernandez | — | Yea |
| Hill | — | Yea |
| Roth | — | Yea |
| Wieckowski | — | Yea |
| Allen | — | Yea |
| Atkins | — | Yea |
| Mitchell | — | Yea |
| Cannella | — | Yea |
| Galgiani | — | Yea |
| De León | — | Yea |
| Chang | — | Yea |
| Delgado | — | Yea |
| Hertzberg | — | Yea |
| Hueso | — | Yea |
| Bradford | — | Yea |
| Dodd | — | Yea |
| Lara | — | Yea |
| Leyva | — | Yea |
| Monning | — | Yea |
| Moorlach | — | Yea |
| Morrell | — | Yea |
| Nielsen | — | Yea |
| Pan | — | Yea |
| Skinner | — | Yea |
| Vidak | — | Yea |
| Wilk | — | Yea |
| Portantino | — | Yea |
| Beall | — | Yea |
| Fuller | — | Yea |
| Glazer | — | 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Bates | — | Yea |
| Hill | — | Yea |
| Nielsen | — | Yea |
| Portantino | — | Yea |
| Beall | — | Yea |
| Bradford | — | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Yea |
| Moorlach | — | Yea |
| Hertzberg | — | Yea |
| Monning | — | Yea |
| Wieckowski | — | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 56 | 0 | 0 | 1 |
| Democratic | 15 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Total | 77 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (78)
| Member | Party | Vote |
|---|---|---|
| Acosta | — | Yea |
| Baker | — | Yea |
| Bigelow | — | Yea |
| Bloom | — | Yea |
| Brough | — | Yea |
| Harper | — | Yea |
| Jones-Sawyer | — | Yea |
| Levine | — | Yea |
| Mathis | — | Yea |
| Nazarian | — | Yea |
| O'Donnell | — | Yea |
| Rodriguez | — | Yea |
| Ting | — | Yea |
| Eggman | — | Yea |
| Chu | — | Yea |
| Cooley | — | Yea |
| Chau | — | Yea |
| Gloria | — | Yea |
| Gonzalez Fletcher | — | Yea |
| Low | — | Yea |
| Mayes | — | Yea |
| Medina | — | Yea |
| Fong | — | Yea |
| Salas | — | Yea |
| Melendez | — | Yea |
| Mullin | — | Yea |
| Quirk | — | Yea |
| Santiago | — | Yea |
| Thurmond | — | Yea |
| Voepel | — | Yea |
| Weber | — | Yea |
| Gray | — | Yea |
| Friedman | — | Yea |
| Rubio | — | Yea |
| Holden | — | Yea |
| Burke | — | Yea |
| Kamlager-Dove | — | Yea |
| Kiley | — | Yea |
| Maienschein | — | Yea |
| Chiu | — | Yea |
| Chávez | — | Yea |
| Cooper | — | Yea |
| McCarty | — | Yea |
| Obernolte | — | Yea |
| Rendon | — | Yea |
| Steinorth | — | Yea |
| Waldron | — | Yea |
| Wood | — | Not Voting |
| Cunningham | — | Yea |
| Daly | — | Yea |
| Frazier | — | 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 | Yea |
| Choi, Steven S. | Republican | Yea |
| Dahle, Megan | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 0 | 0 | 4 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 12 | 0 | 0 | 5 |
| % of votes cast | 71% | 0% | 0% | 29% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Bigelow | — | Not Voting |
| Bloom | — | Yea |
| Brough | — | Not Voting |
| Quirk | — | Yea |
| Friedman | — | Yea |
| Gonzalez Fletcher | — | Yea |
| Fong | — | Not Voting |
| Chau | — | Yea |
| Nazarian | — | Yea |
| Obernolte | — | Not Voting |
| Eggman | — | 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 1 | 0 | 0 | 0 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| McCarty | — | Yea |
| Thurmond | — | Yea |
| Gonzalez Fletcher | — | Yea |
| Jones-Sawyer | — | Yea |
| Melendez | — | Yea |
| Kalra, Ash | Democratic | Yea |
| Flora, Heath | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 2317 do?
- Existing law prohibits an employer, as defined, or any person acting on behalf of the employer, as defined, from, among other things, preventing an employee from, or retaliating against an employee for, providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of a law, regardless of whether disclosing the information is part of the employee's job duties. A violation of these provisions is a crime. This bill would extend the protections afforded to employees under these provisions to county patients' rights advocates appointed or under contract to provide services relating to mental health advocacy. The bill would provide that prohibitions against retaliation by an employer apply to the state or local contracting agency under these provisions. Because this bill would create a new crime, it 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.
- Who sponsors AB 2317?
- AB 2317 is sponsored by Eggman and Reyes, Eloise Gómez (Democratic).
- What is the current status of AB 2317?
- 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 2317?
- Track AB 2317 free on One Click Politics — get push/email alerts when it moves.
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