California 2017-2018 Regular Session Status: Enacted 5 D cosponsors

SB 419 — Legislature: Whistleblower protection and retaliation prevention.

Last action — Chaptered by Secretary of State. Chapter 952, Statutes of 2018.

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

This bill has been enacted into law. Introduced February 15, 2017. Enacted.

Prognosis

Likely to advance 82% · 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.

  • 18 sponsors

    1 primary, 17 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 D).

  • Cleared a recorded vote

    Passed 3 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, the Legislative Employee Whistleblower Protection Act, imposes 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 or a violation of a legislative standard of conduct. This bill would define "protected disclosure" for purposes of that act to also include a complaint made at the request of a legislative employee and a complaint made against a nonemployee in specified circumstances. Existing law, the California Fair Employment and Housing Act (FEHA) , protects and safeguards the right and opportunity of all persons to generally seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of enumerated protected categories. Existing law also precludes an employer, labor organization, employment agency, or person from discharging, expelling, or otherwise discriminating against any person because the person has opposed any practices forbidden under FEHA or because the person has filed a complaint, testified, or assisted in any FEHA proceeding. Existing law, the Unruh Civil Rights Act, states that all people in California are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, no matter their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law establishes a cause of action for violations of that act. Existing law also separately establishes liability for sexual harassment if a plaintiff proves specified elements, including, among other things, that there is a business, service, or professional relationship between the plaintiff and defendant. This bill would declare that neither house of the Legislature may retaliate against a legislative advocate or employee, as defined, because that person has opposed any practices forbidden under the above provisions, or filed a complaint, testified, or assisted in any proceeding relating to a complaint of harassment under those provisions. This bill would impose civil liability for a violation of that prohibition. This bill would also require each house of the Legislature to maintain a record of each harassment complaint made to that house for a period of at least 12 years after the complaint is made. 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 952, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 6152.) Ordered to engrossing and enrolling.

  5. Ordered to special consent calendar.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Urgency clause adopted. Passed. Ordered to the Senate.

  8. Read second time. Ordered to consent calendar.

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

  10. From committee: Do pass as amended. Ordered to consent calendar. (Ayes 10. Noes 0.) (August 24).

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

  12. Read second time and amended. Re-referred to Com. on RLS.

  13. From committee: Do pass as amended and re-refer to Com. on RLS. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (July 3).

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

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

  16. Read third time. Urgency clause adopted. Passed. (Ayes 39. Noes 0. Page 4126.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. Ordered to second reading.

  19. Read third time and amended.

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

  21. From committee: Do pass as amended. (Ayes 6. Noes 0. Page 4020.) (January 9).

  22. Re-referred to Com. on JUD.

  23. Set for hearing January 9 in JUD. pending receipt.

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

  25. Re-referred to Com. on RLS.

  26. Withdrawn from committee.

  27. Set for hearing January 8.

  28. April 24 set for first hearing. Failed passage in committee. (Ayes 3. Noes 1.) Reconsideration granted.

  29. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.

  30. Set for hearing April 24.

  31. April 17 hearing postponed by committee.

  32. Re-referred to Coms. on B., P. & E.D. and JUD.

  33. Re-referred to Com. on RLS.

  34. Withdrawn from committee.

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

  36. Referred to Coms. on PUB. S. and B., P. & E.D.

  37. From printer. May be acted upon on or after March 18.

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

Sponsors

  • Portantino · Primary
  • Atkins · Cosponsor
  • De León · Cosponsor
  • Bates · Cosponsor
  • Beall · Cosponsor
  • Burke · Cosponsor
  • Dodd · Cosponsor
  • Galgiani · Cosponsor
  • Hernandez · Cosponsor
  • Hertzberg · Cosponsor
  • Hill · Cosponsor
  • Leyva · Cosponsor
  • Mike McGuire · Cosponsor
  • Roth · Cosponsor
  • Henry I. Stern · Cosponsor
  • Scott D. Wiener · Cosponsor
  • Sabrina Cervantes · Cosponsor
  • Susan Rubio · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 17 co-sponsors · 104 not signed on

Sponsors (1)

  • Portantino

Co-sponsors (17)

Not signed on (104)

104 members have not signed on to this bill.

Show all 104 →

"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

Unfinished Business SB419 Portantino et al. Urgency Clause Concurrence

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
Hernandez — Yea
Hueso — Yea
Leyva — Yea
Moorlach — Yea
Nielsen — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wilk — Yea
Cannella — Yea
Chang — Yea
Dodd — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Delgado — Yea
Allen — Yea
Mitchell — Yea
Hertzberg — Yea
Atkins — Yea
Portantino — Yea
Hill — Yea
De León — Yea
Bradford — Yea
Lara — Yea
Monning — Yea
Pan — Yea
Skinner — Yea
Beall — Yea
Morrell — 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 →

SB 419 Portantino Consent Calendar Second Day

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 57001
Democratic 16000
Republican 6000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Kamlager-Dove — Yea
Levine — Yea
Melendez — Yea
Nazarian — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Eggman — Yea
Gonzalez Fletcher — Yea
Frazier — Yea
Burke — Yea
Friedman — Yea
Fong — Yea
Salas — Yea
Holden — Yea
Gray — Yea
Jones-Sawyer — Yea
Kiley — Yea
Rubio — Yea
Rivas — Yea
Low — Yea
Mathis — Yea
Mayes — Yea
McCarty — Yea
Baker — Yea
Chau — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Medina — Yea
Mullin — Yea
O'Donnell — Yea
Obernolte — Yea
Rendon — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Harper — Yea
Maienschein — Yea
Chiu — Yea
Cooper — Not Voting
Cunningham — Yea
Daly — Yea
Gloria — 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 →

Do pass as amended. To Consent Calendar.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 7001
Republican 1000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Cooley — Yea
Cunningham — Yea
Salas — Yea
Kamlager-Dove — Yea
Mayes — Yea
Nazarian — Yea
Waldron — Not Voting
Wendy Carrillo — Yea
Cervantes, Sabrina Democratic Yea
Grayson, Timothy S. Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

civil-rights labor
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 SB 419 do?
Existing law, the Legislative Employee Whistleblower Protection Act, imposes 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 or a violation of a legislative standard of conduct. This bill would define "protected disclosure" for purposes of that act to also include a complaint made at the request of a legislative employee and a complaint made against a nonemployee in specified circumstances. Existing law, the California Fair Employment and Housing Act (FEHA) , protects and safeguards the right and opportunity of all persons to generally seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of enumerated protected categories. Existing law also precludes an employer, labor organization, employment agency, or person from discharging, expelling, or otherwise discriminating against any person because the person has opposed any practices forbidden under FEHA or because the person has filed a complaint, testified, or assisted in any FEHA proceeding. Existing law, the Unruh Civil Rights Act, states that all people in California are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, no matter their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law establishes a cause of action for violations of that act. Existing law also separately establishes liability for sexual harassment if a plaintiff proves specified elements, including, among other things, that there is a business, service, or professional relationship between the plaintiff and defendant. This bill would declare that neither house of the Legislature may retaliate against a legislative advocate or employee, as defined, because that person has opposed any practices forbidden under the above provisions, or filed a complaint, testified, or assisted in any proceeding relating to a complaint of harassment under those provisions. This bill would impose civil liability for a violation of that prohibition. This bill would also require each house of the Legislature to maintain a record of each harassment complaint made to that house for a period of at least 12 years after the complaint is made. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 419?
SB 419 is sponsored by Portantino, Atkins, De León, Bates, Beall, Burke, Dodd, Galgiani, Hernandez, Hertzberg, Hill, Leyva, McGuire, Mike (Democratic), Roth, Stern, Henry I. (Democratic), Wiener, Scott D. (Democratic), Cervantes, Sabrina (Democratic), and Rubio, Susan (Democratic).
What is the current status of SB 419?
This bill has been enacted into law. Introduced February 15, 2017. Enacted.
Where can I track SB 419?
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