California 2019-2020 Regular Session Status: Enacted Bipartisan · 5 D · 1 R cosponsors

AB 9 — Employment discrimination: limitation of actions.

Last action — Chaptered by Secretary of State - Chapter 709, Statutes of 2019.

  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 December 03, 2018. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 11 sponsors

    1 primary, 10 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (5 D · 1 R) — cross-party backing.

  • 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, the California Fair Employment and Housing Act, makes specified employment and housing practices unlawful, including discrimination against or harassment of employees and tenants, among others. Existing law authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the Department of Fair Employment and Housing within one year from the date upon which the unlawful practice occurred, unless otherwise specified. This bill would extend the above-described period to 3 years for complaints alleging employment discrimination, as specified. The bill would specify that the operative date of the verified complaint is the date that the intake form was filed with the Labor Commissioner. The bill would make conforming changes in provisions that grant a person allegedly aggrieved by an unlawful practice who first obtains knowledge of the facts of the alleged unlawful practice after the expiration of the limitations period, as specified. Existing law authorizes the Director of Fair Employment and Housing to bring a civil action in the name of the department on behalf of a person claiming to be aggrieved in the case of failure to eliminate an unlawful practice through conference, conciliation, mediation, or persuasion. Existing law requires the director to bring the civil action within a specified time after the filing of the complaint. This bill would, for those purposes, define filing a complaint to mean filing an intake form with the department, and would specify that the operative date of the verified complaint relates back to the filing of the form. This bill would prohibit its provisions from being interpreted to revive lapsed claims.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 709, Statutes of 2019.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 5. Page 3116.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 7 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 7. Page 2525.).

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 5. Noes 1.) (August 30).

  9. In committee: Referred to APPR. suspense file.

  10. Read second time and amended. Re-referred to Com. on APPR.

  11. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (July 9).

  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 53. Noes 5. Page 1863.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 13. Noes 2.) (May 16).

  17. In committee: Set, first hearing. Referred to APPR. suspense file.

  18. Re-referred to Com. on APPR.

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

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (March 6). Re-referred to Com. on APPR.

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

  22. From printer. May be heard in committee January 3.

  23. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 10 co-sponsors · 111 not signed on · 3 voted No

Sponsors (1)

Co-sponsors (10)

Not signed on (111)

111 members have not signed on to this bill.

Show all 111 →

"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 9 Reyes Concurrence in Senate Amendments

Passed 60 Yea · 5 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 375010
Democratic 21001
Republican 2003
Total 605014
% of votes cast 76%6%0%18%
How each member voted (79)
Member Party Vote
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Waldron — Yea
Kiley — Nay
Obernolte — Nay
Bigelow — Nay
Melendez — Nay
Cunningham — Nay
Cooper — Not Voting
Fong — Not Voting
Brough — Not Voting
Mayes — Not Voting
Gray — Not Voting
Kamlager-Dove — Not Voting
Frazier — Not Voting
Mathis — Not Voting
Cooley — Not Voting
Salas — Yea
Smith — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Voepel — Yea
Chiu — Yea
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 Not Voting
Grayson, Timothy S. Democratic Yea
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 Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB9 Reyes et al. By Gonzalez

Passed 30 Yea · 7 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 20502
Democratic 10000
Republican 0201
Total 30703
% of votes cast 75%18%0%8%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Pan — Yea
Moorlach — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Borgeas — Not Voting
Chang — Not Voting
Mark Stone — Nay
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 Not Voting
Jones, Brian W. Republican Nay

Official roll call →

Do pass

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Democratic 1000
Republican 0100
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Hill — Yea
Bradford — Yea
Bates — Not Voting
Durazo, Maria Elena Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Durazo, Maria Elena Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 7 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 2001
Republican 0100
Total 7101
% of votes cast 78%11%0%11%
How each member voted (9)
Member Party Vote
Monning — Yea
Wieckowski — Yea
Borgeas — Not Voting
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

AB 9 Reyes Assembly Third Reading

Passed 53 Yea · 5 Nay · 22 Other
Party YeaNayPresentNot Voting
Unaffiliated 305013
Democratic 22003
Republican 1006
Total 535022
% of votes cast 66%6%0%28%
How each member voted (80)
Member Party Vote
Salas — Yea
Smith — Yea
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Chiu — Yea
Holden — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
Weber — Yea
Waldron — Yea
Kiley — Nay
Obernolte — Nay
Bigelow — Nay
Melendez — Nay
Cunningham — Nay
Brough — Not Voting
Mayes — Not Voting
Mathis — Not Voting
Frazier — Not Voting
Cooley — Not Voting
Diep — Not Voting
Voepel — Not Voting
Gray — Not Voting
Daly — Not Voting
Kamlager-Dove — Not Voting
Cooper — Not Voting
O'Donnell — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Mark Stone — 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
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Yea
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
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Not Voting
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea
Patterson, Joe Republican Not Voting

Official roll call →

Do pass.

Passed 13 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 6001
Unaffiliated 7202
Total 13203
% of votes cast 72%11%0%17%
How each member voted (18)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Eggman — Yea
Gonzalez — Yea
Quirk — Yea
Chau — Yea
Obernolte — Nay
Bigelow — Nay
Diep — Not Voting
Brough — Not Voting
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Not Voting
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

Subjects

civil-rights labor
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Frequently asked questions

What does AB 9 do?
Existing law, the California Fair Employment and Housing Act, makes specified employment and housing practices unlawful, including discrimination against or harassment of employees and tenants, among others. Existing law authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the Department of Fair Employment and Housing within one year from the date upon which the unlawful practice occurred, unless otherwise specified. This bill would extend the above-described period to 3 years for complaints alleging employment discrimination, as specified. The bill would specify that the operative date of the verified complaint is the date that the intake form was filed with the Labor Commissioner. The bill would make conforming changes in provisions that grant a person allegedly aggrieved by an unlawful practice who first obtains knowledge of the facts of the alleged unlawful practice after the expiration of the limitations period, as specified. Existing law authorizes the Director of Fair Employment and Housing to bring a civil action in the name of the department on behalf of a person claiming to be aggrieved in the case of failure to eliminate an unlawful practice through conference, conciliation, mediation, or persuasion. Existing law requires the director to bring the civil action within a specified time after the filing of the complaint. This bill would, for those purposes, define filing a complaint to mean filing an intake form with the department, and would specify that the operative date of the verified complaint relates back to the filing of the form. This bill would prohibit its provisions from being interpreted to revive lapsed claims.
Who sponsors AB 9?
AB 9 is sponsored by Reyes, Eloise Gómez (Democratic), Friedman, Waldron, Berman, Marc (Democratic), Chiu, Kalra, Ash (Democratic), Lackey, Tom (Republican), McCarty, Mullin, Garcia, Robert (Democratic), and Bonta, Mia (Democratic).
What is the current status of AB 9?
This bill has been enacted into law. Introduced December 03, 2018. Enacted.
Where can I track AB 9?
Track AB 9 free on One Click Politics — get push/email alerts when it moves.

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