Who sponsors AB 1033?

AB 1033 is sponsored by Bauer-Kahan, Rebecca (Democratic), Gabriel, Jesse (Democratic), Berman, Marc (Democratic), Daly, and Davies, Laurie (Republican).

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California 2021-2022 Regular Session Status: Enacted Bipartisan · 3 D · 1 R cosponsors

AB 1033 — California Family Rights Act: parent-in-law: small employer family leave mediation: pilot program.

Last action September 27, 2021 — Chaptered by Secretary of State - Chapter 327, Statutes of 2021.

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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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To Executive
6
Enacted

This bill has been enacted into law. Introduced February 18, 2021. Enacted.

Prognosis

Likely to advance 96% · 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.
5 sponsors

1 primary, 4 co-sponsors signed on.
Bipartisan support

Sponsored across 2 parties (3 D · 1 R) — cross-party backing.
Cleared a recorded vote

Passed 17 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 (FEHA) , establishes the Department of Fair Employment and Housing within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of 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. Existing law grants the department the power to receive, investigate, conciliate, mediate, and prosecute complaints alleging unlawful employment practices. Existing law, the Moore-Brown-Roberti Family Rights Act, commonly known as the California Family Rights Act, which is a part of FEHA, makes it an unlawful employment practice for an employer, as defined, to refuse to grant a request by an eligible employee to take up to 12 workweeks of unpaid protected leave during any 12-month period for family care and medical leave, as specified. Existing law defines family care and medical leave to include, among other things, leave to care for a parent. This bill would additionally include leave to care for a parent-in-law within the definition of family care and medical leave, and would make other conforming changes. Existing law requires the department to create a small employer family leave mediation pilot program, for alleged violations of these family care and medical leave provisions, applicable to employers with between 5 and 19 employees. Existing law authorizes the employer or the employee to request that all parties participate in mediation through the department's dispute resolution division after the department issues a right-to-sue notice. Existing law requires the department to initiate the mediation promptly following a request, prohibits an employee from pursuing a civil action until the mediation is complete, and tolls the statute of limitations for the employee, including for all related claims not subject to mediation, from the date of receipt of a request to participate in the program until the mediation is complete. Existing law repeals the pilot program on January 1, 2024. This bill would recast those provisions to require the department, when an employee requests an immediate right to sue alleging a violation of the above-described family care and medical leave provisions by an employer, to notify the employee in writing of the requirement for mediation prior to filing a civil action, if mediation is requested by the employer or employee. The bill would also require the employee to contact the department's dispute resolution division, in the manner specified by the department, prior to filing an action and to indicate whether they are requesting mediation. This bill would require the department, upon contacting the dispute resolution division regarding the intent to pursue a legal action for an employer's violation of the family and medical leave provisions, to notify all named respondents of the alleged violation and the requirement for mediation, if mediation is requested by the employee or employer, in writing. The bill would require the department to terminate its activity if neither the employee nor the employer requests mediation within 30 days of receipt by all named respondents of the notification, as specified. The bill would require the department, if it receives a request for mediation from the employer or employee within 30 days of receipt, as described above, to initiate the mediation within 60 days of the department's receipt of the request or the receipt of the notification by all named respondents, whichever is later. The bill would require the mediator, once mediation has been initiated and no later than 7 days before the mediation date, to notify the employee of their right to request certain labor-related information and to help facilitate other reasonable requests for information, as specified. The bill would prohibit the employee from pursuing a civil action unless the mediation is not initiated by the department within the time period prescribed above or until the mediation is complete or deemed unsuccessful. The bill would toll the statute of limitations applicable to the employee's claim from the date the employee contacts the department's dispute resolution division regarding the intent to pursue a legal action until the mediation is complete or deemed unsuccessful. This bill would entitle a respondent or defendant in a civil action that did not receive the required notification as a result of the employee's failure to contact the department's alternative dispute resolution prior to filing a civil action and who had 5 to 19 employees at the time that the alleged violation occurred, to a stay of any pending civil action or arbitration until the mediation is complete or deemed unsuccessful. This bill would incorporate additional changes to Section 12945.2 of the Government Code proposed by AB 1041 to be operative only if this bill and AB 1041 are enacted and this bill is enacted last.

Bill Text

Chaptered 09/27/21 - Chaptered Current pdf September 27, 2021
Enrolled 09/14/21 - Enrolled pdf September 14, 2021
Amended 09/03/21 - Amended Senate pdf September 03, 2021
Amended 08/26/21 - Amended Senate pdf August 26, 2021
Amended 04/29/21 - Amended Assembly pdf April 29, 2021
Amended 04/13/21 - Amended Assembly pdf April 13, 2021
Introduced 02/18/21 - Introduced pdf February 18, 2021
AB1033 View text html

Action History

September 27, 2021
Chaptered by Secretary of State - Chapter 327, Statutes of 2021.
September 27, 2021
Approved by the Governor.
September 20, 2021
Enrolled and presented to the Governor at 3 p.m.
September 09, 2021
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2978.).
September 08, 2021
In Assembly. Concurrence in Senate amendments pending.
September 08, 2021
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2534.).
September 07, 2021
Read second time. Ordered to third reading.
September 03, 2021
Read third time and amended. Ordered to second reading.
August 30, 2021
Read second time. Ordered to third reading.
August 26, 2021
Read second time and amended. Ordered returned to second reading.
August 26, 2021
From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 26).
August 16, 2021
In committee: Referred to suspense file.
July 13, 2021
From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (July 12). Re-referred to Com. on APPR.
June 30, 2021
From committee: Do pass and re-refer to Com. on L., P.E. & R. with recommendation: To Consent Calendar. (Ayes 11. Noes 0. Page 1717.) (June 29). Re-referred to Com. on L., P.E. & R.
June 09, 2021
Referred to Coms. on JUD. and L., P.E. & R.
May 28, 2021
In Senate. Read first time. To Com. on RLS. for assignment.
May 27, 2021
Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1613.)
May 24, 2021
Read second time. Ordered to third reading.
May 20, 2021
From committee: Do pass. (Ayes 16. Noes 0.) (May 20).
May 12, 2021
In committee: Set, first hearing. Referred to APPR. suspense file.
May 03, 2021
Re-referred to Com. on APPR.
April 29, 2021
Read second time and amended.
April 28, 2021
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 27).
April 26, 2021
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (April 22). Re-referred to Com. on JUD.
April 19, 2021
(pending re-refer to Com. on JUD.)
April 19, 2021
Assembly Rule 56 suspended. (Page 1059.)
April 14, 2021
Re-referred to Com. on L. & E.
April 13, 2021
From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
March 04, 2021
Referred to Coms. on L. & E. and JUD.
February 19, 2021
From printer. May be heard in committee March 21.
February 18, 2021
Read first time. To print.

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 117 not signed on · 25 voted No

Sponsors (1)

Bauer-Kahan, Rebecca Democratic

Co-sponsors (4)

Gabriel, Jesse Democratic
Berman, Marc Democratic
Daly
Davies, Laurie Republican Voted No

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"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

3rd Reading AB1033 Ting By Blakespear

September 05, 2023

Passed 21 Yea · 14 Nay · 5 Other

Party	Yea	Nay	Present	Not Voting
Democratic	14	6	0	2
Unaffiliated	7	1	0	3
Republican	0	7	0	0
Total	21	14	0	5
% of votes cast	53%	35%	0%	13%

How each member voted (40)

Member	Party	Vote
Atkins	—	Yea
Newman	—	Yea
Eggman	—	Yea
Glazer	—	Yea
Dodd	—	Yea
Bradford	—	Yea
Skinner	—	Yea
Wilk	—	Nay
Roth	—	Not Voting
Portantino	—	Not Voting
Min	—	Not Voting
Allen, Benjamin	Democratic	Yea
Archuleta, Bob	Democratic	Nay
Ashby, Angelique V.	Democratic	Yea
Becker, Josh	Democratic	Yea
Blakespear, Catherine S.	Democratic	Yea
Caballero, Anna M.	Democratic	Nay
Cortese, Dave	Democratic	Yea
Durazo, Maria Elena	Democratic	Yea
Gonzalez, Lena A.	Democratic	Yea
Hurtado, Melissa	Democratic	Nay
Laird, John	Democratic	Yea
Limón, Monique	Democratic	Not Voting
McGuire, Mike	Democratic	Yea
Menjivar, Caroline	Democratic	Yea
Nguyen, Stephanie	Democratic	Nay
Padilla, Stephen C.	Democratic	Not Voting
Rubio, Susan	Democratic	Nay
Smallwood-Cuevas, Lola	Democratic	Yea
Stern, Henry I.	Democratic	Yea
Umberg, Thomas J.	Democratic	Yea
Wahab, Aisha	Democratic	Nay
Wiener, Scott D.	Democratic	Yea
Alvarado-Gil, Marie	Republican	Nay
Dahle, Megan	Republican	Nay
Grove, Shannon	Republican	Nay
Jones, Brian W.	Republican	Nay
Niello, Roger W.	Republican	Nay
Ochoa Bogh, Rosilicie	Republican	Nay
Seyarto, Kelly	Republican	Nay

Member	Party	Vote
Holden	—	Yea
Villapudua	—	Yea
Ting	—	Yea
Jones-Sawyer	—	Yea
McCarty	—	Yea
Rendon	—	Yea
Friedman	—	Yea
Low	—	Yea
Wood	—	Yea
Santiago	—	Yea
Waldron	—	Nay
Mathis	—	Nay
Maienschein	—	Not Voting
Essayli	—	Not Voting
Rodriguez	—	Not Voting
Eduardo Garcia	—	Not Voting
Jim Patterson	—	Nay
Luz Rivas	—	Yea
Vince Fong	—	Nay
Wendy Carrillo	—	Yea
Addis, Dawn	Democratic	Yea
Aguiar-Curry, Cecilia M.	Democratic	Yea
Alvarez, David	Democratic	Yea
Arambula, Joaquin	Democratic	Yea
Bains, Jasmeet	Democratic	Not Voting
Bauer-Kahan, Rebecca	Democratic	Yea
Bennett, Steve	Democratic	Yea
Berman, Marc	Democratic	Yea
Boerner, Tasha	Democratic	Not Voting
Bonta, Mia	Democratic	Yea
Bryan, Isaac G.	Democratic	Yea
Calderon, Lisa	Democratic	Yea
Carrillo, Juan	Democratic	Yea
Cervantes, Sabrina	Democratic	Yea
Connolly, Damon	Democratic	Yea
Fong, Mike	Democratic	Yea
Gabriel, Jesse	Democratic	Yea
Gipson, Mike A.	Democratic	Yea
Grayson, Timothy S.	Democratic	Not Voting
Haney, Matt	Democratic	Yea
Hart, Gregg	Democratic	Yea
Irwin, Jacqui	Democratic	Not Voting
Jackson, Corey A.	Democratic	Yea
Kalra, Ash	Democratic	Yea
Lee, Alex	Democratic	Yea
Lowenthal, Josh	Democratic	Yea
McKinnor, Tina	Democratic	Yea
Muratsuchi, Al	Democratic	Yea
Nguyen, Stephanie	Democratic	Yea
Ortega, Liz	Democratic	Yea
Pacheco, Blanca	Democratic	Not Voting
Papan, Diane	Democratic	Not Voting
Pellerin, Gail	Democratic	Yea
Petrie-Norris, Cottie	Democratic	Not Voting
Quirk-Silva, Sharon	Democratic	Yea
Ramos, James C.	Democratic	Not Voting
Reyes, Eloise Gómez	Democratic	Yea
Rivas, Robert	Democratic	Yea
Rubio, Blanca E.	Democratic	Yea
Schiavo, Pilar	Democratic	Yea
Soria, Esmeralda	Democratic	Yea
Valencia, Avelino	Democratic	Not Voting
Ward, Christopher M.	Democratic	Yea
Weber Pierson, M.D., Akilah	Democratic	Yea
Wicks, Buffy	Democratic	Yea
Wilson, Lori D.	Democratic	Yea
Zbur, Rick Chavez	Democratic	Yea
Alanis, Juan	Republican	Nay
Chen, Phillip	Republican	Nay
Dahle, Megan	Republican	Nay
Davies, Laurie	Republican	Nay
Dixon, Diane	Republican	Nay
Flora, Heath	Republican	Nay
Gallagher, James	Republican	Nay
Hoover, Josh	Republican	Not Voting
Lackey, Tom	Republican	Nay
Patterson, Joe	Republican	Nay
Sanchez, Kate	Republican	Nay
Ta, Tri	Republican	Nay
Wallis, Greg	Republican	Nay

Member	Party	Vote
Bloom	—	Yea
Mullin	—	Yea
Holden	—	Yea
Jones-Sawyer	—	Yea
Wood	—	Yea
Smith	—	Yea
Cunningham	—	Yea
Cooper	—	Yea
Voepel	—	Yea
Cooley	—	Yea
Maienschein	—	Yea
Rodriguez	—	Yea
Kiley	—	Yea
Nazarian	—	Yea
Ting	—	Yea
O'Donnell	—	Yea
Waldron	—	Yea
Medina	—	Yea
McCarty	—	Yea
Friedman	—	Yea
Bigelow	—	Yea
Chiu	—	Yea
Rendon	—	Yea
Santiago	—	Yea
Mayes	—	Yea
Frazier	—	Yea
Chau	—	Yea
Villapudua	—	Yea
Salas	—	Yea
Quirk	—	Yea
Low	—	Yea
Levine	—	Yea
Daly	—	Yea
Gray	—	Yea
Burke	—	Yea
Mathis	—	Yea
Cristina Garcia	—	Yea
Eduardo Garcia	—	Yea
Jim Patterson	—	Yea
Lorena Gonzalez	—	Yea
Luz Rivas	—	Yea
Mark Stone	—	Yea
Vince Fong	—	Yea
Wendy Carrillo	—	Yea
Aguiar-Curry, Cecilia M.	Democratic	Yea
Arambula, Joaquin	Democratic	Yea
Bauer-Kahan, Rebecca	Democratic	Yea
Bennett, Steve	Democratic	Yea
Berman, Marc	Democratic	Yea
Boerner, Tasha	Democratic	Yea
Bonta, Mia	Democratic	Not Voting
Bryan, Isaac G.	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
Lee, Alex	Democratic	Yea
Muratsuchi, Al	Democratic	Yea
Nguyen, Stephanie	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
Ward, Christopher M.	Democratic	Yea
Weber Pierson, M.D., Akilah	Democratic	Yea
Wicks, Buffy	Democratic	Yea
Chen, Phillip	Republican	Yea
Choi, Steven S.	Republican	Yea
Dahle, Megan	Republican	Yea
Davies, Laurie	Republican	Yea
Flora, Heath	Republican	Yea
Gallagher, James	Republican	Yea
Lackey, Tom	Republican	Yea
Seyarto, Kelly	Republican	Yea
Valladares, Suzette Martinez	Republican	Yea

Member	Party	Vote
Bates	—	Yea
Kamlager	—	Yea
Wilk	—	Yea
Leyva	—	Yea
Rubio	—	Yea
Hertzberg	—	Yea
Pan	—	Yea
Bradford	—	Yea
Borgeas	—	Yea
Gonzalez	—	Yea
Skinner	—	Yea
Glazer	—	Yea
Melendez	—	Yea
Min	—	Yea
Portantino	—	Yea
Atkins	—	Yea
Dodd	—	Yea
Roth	—	Yea
Wieckowski	—	Yea
Hueso	—	Yea
Nielsen	—	Yea
Newman	—	Yea
Eggman	—	Not Voting
Allen, Benjamin	Democratic	Yea
Archuleta, Bob	Democratic	Yea
Becker, Josh	Democratic	Yea
Caballero, Anna M.	Democratic	Yea
Cortese, Dave	Democratic	Yea
Durazo, Maria Elena	Democratic	Yea
Hurtado, Melissa	Democratic	Yea
Laird, John	Democratic	Yea
Limón, Monique	Democratic	Yea
McGuire, Mike	Democratic	Yea
Stern, Henry I.	Democratic	Not Voting
Umberg, Thomas J.	Democratic	Yea
Wiener, Scott D.	Democratic	Yea
Dahle, Megan	Republican	Yea
Grove, Shannon	Republican	Yea
Jones, Brian W.	Republican	Yea
Ochoa Bogh, Rosilicie	Republican	Yea