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

AB 3109 — Contracts: waiver of right of petition or free speech.

Last action — Chaptered by Secretary of State - Chapter 949, 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 16, 2018. Enacted.

Prognosis

Likely to advance 76% · 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.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 5 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

The California Constitution provides that the people have the right to petition government for redress of grievances and to assemble freely to consult for the common good. The California Constitution provides that every person may freely speak, write, and publish his or her sentiments on all subjects, being responsible for the abuse of this right. Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law, a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals. A contract is also void to the extent that it restrains a person from engaging in a lawful profession, trade, or business of any kind. This bill would make a provision in a contract or settlement agreement void and unenforceable if it waives a party's right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or sexual harassment.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 949, Statutes of 2018.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6363.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 16 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 5277.).

  7. Read second time. Ordered to Consent Calendar.

  8. From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (July 3).

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

  10. In committee: Set, first hearing. Hearing canceled at the request of author.

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

  12. Referred to Com. on JUD.

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0. Page 5206.)

  15. Read second time. Ordered to third reading.

  16. Read second time and amended. Ordered returned to second reading.

  17. From committee: Amend, and do pass as amended. (Ayes 9. Noes 0.) (May 8).

  18. Re-referred to Com. on JUD.

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

  20. In committee: Hearing postponed by committee.

  21. Referred to Com. on JUD.

  22. From printer. May be heard in committee March 19.

  23. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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 3109 STONE Concurrence in Senate Amendments

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 58000
Democratic 16000
Republican 6000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Maienschein — Yea
Nazarian — Yea
Rendon — Yea
Santiago — Yea
Thurmond — Yea
Waldron — Yea
Gloria — Yea
Mathis — Yea
Gonzalez Fletcher — Yea
Mayes — Yea
Chau — Yea
Medina — Yea
Rodriguez — Yea
Burke — Yea
Fong — Yea
Salas — Yea
Frazier — Yea
Gray — Yea
Harper — Yea
Rubio — Yea
Jones-Sawyer — Yea
Rivas — Yea
Kamlager-Dove — Yea
Kiley — Yea
Levine — Yea
Low — Yea
McCarty — Yea
Melendez — Yea
Baker — Yea
Bigelow — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Mullin — Yea
O'Donnell — Yea
Obernolte — Yea
Quirk — Yea
Steinorth — Yea
Ting — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Chu — Yea
Cooper — Yea
Cunningham — 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
Gabriel, Jesse 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 →

Consent Calendar AB3109

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 32003
Democratic 5000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bradford — Yea
Morrell — Yea
Nielsen — Yea
Skinner — Yea
Wieckowski — Yea
Delgado — Yea
Dodd — Yea
Galgiani — Yea
Hernandez — Yea
Hertzberg — Yea
Chang — Yea
Hill — Yea
Mitchell — Yea
Allen — Yea
Hueso — Yea
De León — Yea
Portantino — Yea
Bates — Yea
Beall — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Pan — Yea
Roth — Yea
Wilk — Yea
Atkins — Yea
Cannella — Not Voting
Moorlach — Yea
Vidak — Yea
Fuller — Not Voting
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

Official roll call →

AB 3109 STONE Assembly Third Reading

Passed 70 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 50007
Democratic 14001
Republican 6000
Total 70008
% of votes cast 90%0%0%10%
How each member voted (78)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Kamlager-Dove — Yea
Levine — Yea
Mathis — Yea
Medina — Not Voting
Santiago — Not Voting
Thurmond — Yea
Voepel — Yea
Wood — Yea
Eggman — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Low — Yea
Chau — Yea
Fong — Yea
Salas — Yea
Mayes — Yea
Mullin — Yea
Nazarian — Yea
Gray — Yea
Chu — Yea
Quirk — Yea
Rodriguez — Yea
Ting — Yea
Weber — Yea
Rubio — Yea
Harper — Yea
Jones-Sawyer — Yea
Kiley — Not Voting
Maienschein — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
McCarty — Yea
Melendez — Not Voting
O'Donnell — Yea
Obernolte — Yea
Rendon — Yea
Steinorth — Not Voting
Waldron — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Friedman — Yea
Gloria — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Not Voting
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 Not Voting
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 →

Do pass as amended.

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 7001
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Chau — Yea
Chiu — Yea
Holden — Yea
Kiley — Not Voting
Maienschein — Yea
Gonzalez Fletcher — Yea
Cunningham — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

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 3109 do?
The California Constitution provides that the people have the right to petition government for redress of grievances and to assemble freely to consult for the common good. The California Constitution provides that every person may freely speak, write, and publish his or her sentiments on all subjects, being responsible for the abuse of this right. Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law, a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals. A contract is also void to the extent that it restrains a person from engaging in a lawful profession, trade, or business of any kind. This bill would make a provision in a contract or settlement agreement void and unenforceable if it waives a party's right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or sexual harassment.
Who sponsors AB 3109?
AB 3109 is sponsored by Friedman, Reyes, Eloise Gómez (Democratic), and Mark Stone.
What is the current status of AB 3109?
This bill has been enacted into law. Introduced February 16, 2018. Enacted.
Where can I track AB 3109?
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Last checked for changes 3 months ago · updated continuously

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