California 2019-2020 Regular Session Status: Enacted 1 D cosponsors

SB 973 — Employers: annual report: pay data.

Last action — Chaptered by Secretary of State. Chapter 363, Statutes of 2020.

  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 11, 2020. 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 8 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 establishes the Department of Fair Employment and Housing (DFEH) within the Business, Consumer Services, and Housing Agency to enforce civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. The DFEH has specified powers, including the power to receive, investigate, conciliate, mediate, and prosecute certain complaints. Existing law establishes within the Department of Industrial Relations the Division of Labor Standards Enforcement, which is vested with the general duty of enforcing various labor laws, including provisions prohibiting wage rates that discriminate on the basis of gender or race. This bill would authorize the DFEH to receive, investigate, conciliate, mediate, and prosecute complaints alleging practices unlawful under those discriminatory wage rate provisions. The bill would require the DFEH, in coordination with the division, to adopt procedures to ensure that the departments coordinate activities to enforce those provisions. Existing federal law requires specified companies to file with the federal Equal Employment Opportunity Commission an annual Employer Information Report (EEO-1) that contains specified data regarding demographics of the employer's workforce. This bill would require, on or before March 31, 2021, and on or before March 31 each year thereafter, a private employer that has 100 or more employees, and that is required to file an annual Employer Information Report under federal law, to submit a pay data report to the DFEH that contains specified wage information. The bill would require that the information be made available in a prescribed format. The bill would require the DFEH to make the reports available to the division upon request. The bill would authorize the DFEH, if it does not receive the required report from an employer, to seek an order requiring the employer to comply, as specified. The bill would require the DFEH to maintain the pay data reports for a minimum of 10 years and would make it unlawful for any officer or employee of the DFEH or the division to make public in any manner whatever any individually identifiable information obtained from the report prior to the institution of certain investigation or enforcement proceedings, as specified. The bill would require the Employment Development Department to provide DFEH, upon its request, as specified, with the names and addresses of all businesses with 100 or more employees. The bill would make legislative findings in support of these provisions. The California Public Records Act requires a public agency to make public records available for inspection, unless an exemption from disclosure applies. This bill would provide that any individually identifiable information submitted to the department pursuant to this bill be considered confidential information and not subject to disclosure pursuant to the California Public Records Act, except as specified. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 363, Statutes of 2020.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 29. Noes 8.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 50. Noes 11. Page 5225.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

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

  9. From committee: Do pass as amended. (Ayes 13. Noes 5.) (August 20).

  10. August 11 set for first hearing. Placed on suspense file.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 29). Re-referred to Com. on APPR.

  12. Referred to Com. on L. & E.

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

  14. Read third time. Passed. (Ayes 29. Noes 9. Page 3864.) Ordered to the Assembly.

  15. Read second time. Ordered to third reading.

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

  17. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3768.) (June 18).

  18. Set for hearing June 18.

  19. June 9 hearing: Placed on APPR. suspense file.

  20. Set for hearing June 9.

  21. Hearing rescheduled due to Capitol closure.

  22. Set for hearing June 1.

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (May 14). Re-referred to Com. on APPR.

  24. Referral to Com. on JUD. rescinded due to the shortened 2020 Legislative Calendar.

  25. Set for hearing May 14.

  26. March 25 hearing postponed by committee.

  27. Set for hearing March 25.

  28. Referred to Coms. on L., P.E. & R. and JUD.

  29. From printer. May be acted upon on or after March 13.

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

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 5 voted No

Sponsors (1)

  • Jackson

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

Unfinished Business SB973 Jackson et al. Concurrence

Passed 29 Yea · 8 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 10000
Unaffiliated 19602
Republican 0201
Total 29803
% of votes cast 73%20%0%8%
How each member voted (40)
Member Party Vote
Galgiani — Yea
Leyva — Yea
Bradford — Yea
Hill — Yea
Hertzberg — Yea
Hueso — Yea
Rubio — Yea
Allen — Yea
Pan — Yea
Monning — Yea
Skinner — Yea
Wieckowski — Yea
Mitchell — Yea
Portantino — Yea
Glazer — Yea
Dodd — Yea
Beall — Yea
Roth — Yea
Atkins — Yea
Moorlach — Nay
Nielsen — Nay
Bates — Nay
Morrell — Nay
Borgeas — Nay
Melendez — Nay
Chang — Not Voting
Wilk — Not Voting
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting

Official roll call →

SB 973 Jackson Senate Third Reading By Cristina Garcia

Passed 50 Yea · 11 Nay · 18 Other
Party YeaNayPresentNot Voting
Unaffiliated 319011
Democratic 19003
Republican 0204
Total 5011018
% of votes cast 63%14%0%23%
How each member voted (79)
Member Party Vote
McCarty — Yea
Holden — Yea
Gloria — Yea
Rendon — Yea
Levine — Yea
Bloom — Yea
Medina — Yea
Rodriguez — Yea
Low — Yea
Gonzalez — Yea
Kamlager — Yea
Santiago — Yea
Chiu — Yea
Ting — Yea
Nazarian — Yea
Salas — Yea
Weber — Yea
Smith — Yea
Cooley — Yea
Friedman — Yea
Jones-Sawyer — Yea
Wood — Yea
Quirk — Yea
Mullin — Yea
Chau — Yea
Chu — Yea
Mayes — Nay
Waldron — Nay
Obernolte — Nay
Cunningham — Nay
Brough — Nay
Fong — Nay
Bigelow — Nay
Kiley — Nay
Mathis — Nay
Burke — Not Voting
Cooper — Not Voting
Diep — Not Voting
Maienschein — Not Voting
Daly — Not Voting
Gray — Not Voting
O'Donnell — Not Voting
Frazier — Not Voting
Voepel — Not Voting
Eggman — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Wicks, Buffy Democratic Not Voting
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 13 Yea · 5 Nay
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 7400
Republican 0100
Total 13500
% of votes cast 72%28%0%0%
How each member voted (18)
Member Party Vote
Quirk — Yea
Gonzalez — Yea
Bloom — Yea
Chau — Yea
Eggman — Yea
Voepel — Nay
Bigelow — Nay
Fong — Nay
Diep — Nay
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Nay

Official roll call →

3rd Reading SB973 Jackson et al.

Passed 29 Yea · 9 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 19602
Democratic 10000
Republican 0300
Total 29902
% of votes cast 73%23%0%5%
How each member voted (40)
Member Party Vote
Roth — Yea
Rubio — Yea
Hill — Yea
Mitchell — Yea
Leyva — Yea
Atkins — Yea
Skinner — Yea
Allen — Yea
Dodd — Yea
Hertzberg — Yea
Glazer — Yea
Pan — Yea
Beall — Yea
Wieckowski — Yea
Monning — Yea
Galgiani — Yea
Portantino — Yea
Bradford — Yea
Hueso — Yea
Morrell — Nay
Nielsen — Nay
Moorlach — Nay
Bates — Nay
Melendez — Nay
Borgeas — Nay
Chang — Not Voting
Wilk — Not Voting
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5100
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Leyva — Yea
Wieckowski — Yea
Hill — Yea
Portantino — Yea
Bradford — Yea
Bates — Nay
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 6000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Leyva — Yea
Wieckowski — Yea
Hill — Yea
Portantino — Yea
Bates — Yea
Bradford — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

finance 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 973 do?
Existing law establishes the Department of Fair Employment and Housing (DFEH) within the Business, Consumer Services, and Housing Agency to enforce civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. The DFEH has specified powers, including the power to receive, investigate, conciliate, mediate, and prosecute certain complaints. Existing law establishes within the Department of Industrial Relations the Division of Labor Standards Enforcement, which is vested with the general duty of enforcing various labor laws, including provisions prohibiting wage rates that discriminate on the basis of gender or race. This bill would authorize the DFEH to receive, investigate, conciliate, mediate, and prosecute complaints alleging practices unlawful under those discriminatory wage rate provisions. The bill would require the DFEH, in coordination with the division, to adopt procedures to ensure that the departments coordinate activities to enforce those provisions. Existing federal law requires specified companies to file with the federal Equal Employment Opportunity Commission an annual Employer Information Report (EEO-1) that contains specified data regarding demographics of the employer's workforce. This bill would require, on or before March 31, 2021, and on or before March 31 each year thereafter, a private employer that has 100 or more employees, and that is required to file an annual Employer Information Report under federal law, to submit a pay data report to the DFEH that contains specified wage information. The bill would require that the information be made available in a prescribed format. The bill would require the DFEH to make the reports available to the division upon request. The bill would authorize the DFEH, if it does not receive the required report from an employer, to seek an order requiring the employer to comply, as specified. The bill would require the DFEH to maintain the pay data reports for a minimum of 10 years and would make it unlawful for any officer or employee of the DFEH or the division to make public in any manner whatever any individually identifiable information obtained from the report prior to the institution of certain investigation or enforcement proceedings, as specified. The bill would require the Employment Development Department to provide DFEH, upon its request, as specified, with the names and addresses of all businesses with 100 or more employees. The bill would make legislative findings in support of these provisions. The California Public Records Act requires a public agency to make public records available for inspection, unless an exemption from disclosure applies. This bill would provide that any individually identifiable information submitted to the department pursuant to this bill be considered confidential information and not subject to disclosure pursuant to the California Public Records Act, except as specified. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Who sponsors SB 973?
SB 973 is sponsored by Jackson, Gonzalez, Lena A. (Democratic), and Cristina Garcia.
What is the current status of SB 973?
This bill has been enacted into law. Introduced February 11, 2020. Enacted.
Where can I track SB 973?
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