California 2023-2024 Regular Session Status: Enacted 1 D cosponsors

SB 1491 — Postsecondary education: Equity in Higher Education Act.

Last action — Chaptered by Secretary of State. Chapter 490, Statutes of 2024.

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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 16, 2024. Enacted.

Signed by Governor Gavin Newsom (Democratic) on September 22, 2024.

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 9 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

(1) The Equity in Higher Education Act, among other things, prohibits a person from being subjected to discrimination on the basis of specified attributes, including sex, in any program or activity conducted by a postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid. Existing law defines "sexual orientation" for purposes of the Equity in Higher Education Act. Existing federal law, known as Title IX of the Education Amendments of 1972, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance. Both the federal and state laws do not apply to an educational institution that is controlled by a religious organization if the application would not be consistent with the religious tenets of that organization. The Equity in Higher Education Act requests the Trustees of the California State University, the Regents of the University of California, and the governing board of each community college district to designate an employee at each campus as a point of contact for the needs of lesbian, gay, bisexual, and transgender faculty, staff, and students. This bill instead would require the Trustees of the California State University and the governing board of each community college district to designate an employee at each campus as a point of contact for the needs of lesbian, gay, bisexual, asexual, pansexual, transgender, gender-nonconforming, intersex, and two-spirit faculty, staff, and students. The bill, among other things, would prohibit a designated employee from being considered a responsible employee, as that term is used for purposes of certain existing requirements regarding the reporting of, and campus response to, allegations of "sexual harassment," as defined for purposes of the Equity in Higher Education Act. The bill would request the University of California to comply with the provisions described in this paragraph. By imposing new duties on community college districts, the bill would impose a state-mandated local program. This bill would revise the definition of "sexual orientation" for purposes of the Equity in Higher Education Act, as specified. (2) Existing law requires an institution that has an exemption from either the Equity in Higher Education Act or Title IX to make specified disclosures to the institution's current and prospective students, faculty members, and employees, and to the Student Aid Commission, concerning the institution's basis for having the exemption, and requires the commission to collect the information it receives and to post and maintain a list on the commission's internet website of all institutions with the exemption and their respective bases for having the exemption. This bill would, beginning with the 2026–27 school year, require the commission to provide a written notice to students who receive state financial aid regarding, among other things, whether their postsecondary educational institution has an exemption from either the Equity in Higher Education Act or Title IX on file with the commission. (3) Existing law requests the Trustees of the California State University, the Regents of the University of California, and the governing board of each community college district to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules and regulations governing student behavior within these segments. This bill instead would require the Trustees of the California State University and the governing board of each community college district, and would request the University of California, to adopt and publish policies on harassment, intimidation, and bullying, and to include these policies within the rules and regulations governing student behavior within these segments. By imposing new duties on community college districts, the bill would impose a state-mandated local program. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 490, Statutes of 2024.

  2. Approved by the Governor.

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

  4. In Senate. Ordered to engrossing and enrolling.

  5. Read third time. Passed. (Ayes 64. Noes 3. Page 6539.) Ordered to the Senate.

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 11. Noes 1.) (August 15).

  8. August 7 set for first hearing. Placed on suspense file.

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (June 25). Re-referred to Com. on APPR.

  10. From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (June 18). Re-referred to Com. on JUD.

  11. Referred to Coms. on HIGHER ED. and JUD.

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

  13. Read third time. Passed. (Ayes 31. Noes 8. Page 4094.) Ordered to the Assembly.

  14. Read second time. Ordered to third reading.

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

  16. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3985.) (May 16).

  17. Set for hearing May 16.

  18. May 6 hearing: Placed on APPR suspense file.

  19. Set for hearing May 6.

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 3637.) (April 16). Re-referred to Com. on APPR.

  21. Set for hearing April 16.

  22. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 2. Page 3466.) (April 3). Re-referred to Com. on JUD.

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

  24. Set for hearing April 3.

  25. March 20 hearing postponed by committee.

  26. Set for hearing March 20.

  27. Referred to Coms. on ED. and JUD.

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

  29. 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 · 10 voted No

Sponsors (1)

  • Eggman

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

SB 1491 Eggman Senate Third Reading By Jackson

Passed 64 Yea · 3 Nay · 12 Other
Party YeaNayPresentNot Voting
Democratic 45002
Unaffiliated 17002
Republican 2308
Total 643012
% of votes cast 81%4%0%15%
How each member voted (79)
Member Party Vote
Holden — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Wood — Yea
Low — Yea
Essayli — Yea
Waldron — Yea
Santiago — Yea
Mathis — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
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 Not Voting
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail 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
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
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 Yea
Chen, Phillip Republican Not Voting
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Not Voting
Dixon, Diane Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Hoover, Josh Republican Not Voting
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Nay
Sanchez, Kate Republican Not Voting
Ta, Tri Republican Not Voting
Wallis, Greg Republican Yea

Official roll call →

Do pass.

Passed 11 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 9000
Unaffiliated 2001
Republican 0102
Total 11103
% of votes cast 73%7%0%20%
How each member voted (15)
Member Party Vote
Villapudua — Yea
Jim Patterson — Not Voting
Wendy Carrillo — Yea
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Pellerin, Gail Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Nay
Sanchez, Kate Republican Not Voting
Ta, Tri Republican Not Voting

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 1000
Republican 0102
Total 9102
% of votes cast 75%8%0%17%
How each member voted (12)
Member Party Vote
Maienschein — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bryan, Isaac G. Democratic Yea
Connolly, Damon Democratic Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
McKinnor, Tina Democratic Yea
Pacheco, Blanca Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Dixon, Diane Republican Nay
Patterson, Joe Republican Not Voting
Sanchez, Kate Republican Not Voting

Official roll call →

Do pass and be re-referred to the Committee on [Judiciary]

Passed 8 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 7000
Unaffiliated 1001
Republican 0002
Total 8003
% of votes cast 73%0%0%27%
How each member voted (11)
Member Party Vote
Essayli — Yea
Low — Not Voting
Arambula, Joaquin Democratic Yea
Boerner, Tasha Democratic Yea
Fong, Mike Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Chen, Phillip Republican Not Voting
Ta, Tri Republican Not Voting

Official roll call →

3rd Reading SB1491 Eggman et al.

Passed 31 Yea · 8 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10100
Democratic 20101
Republican 1600
Total 31801
% of votes cast 78%20%0%3%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Wilk — Nay
Allen, Benjamin Democratic Not Voting
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
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

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 1100
Republican 0100
Total 9200
% of votes cast 82%18%0%0%
How each member voted (11)
Member Party Vote
Min — Yea
Wilk — Nay
Allen, Benjamin Democratic Yea
Ashby, Angelique V. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Niello, Roger W. Republican Nay

Official roll call →

Subjects

civil-rights education
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Frequently asked questions

What does SB 1491 do?
(1) The Equity in Higher Education Act, among other things, prohibits a person from being subjected to discrimination on the basis of specified attributes, including sex, in any program or activity conducted by a postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid. Existing law defines "sexual orientation" for purposes of the Equity in Higher Education Act. Existing federal law, known as Title IX of the Education Amendments of 1972, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance. Both the federal and state laws do not apply to an educational institution that is controlled by a religious organization if the application would not be consistent with the religious tenets of that organization. The Equity in Higher Education Act requests the Trustees of the California State University, the Regents of the University of California, and the governing board of each community college district to designate an employee at each campus as a point of contact for the needs of lesbian, gay, bisexual, and transgender faculty, staff, and students. This bill instead would require the Trustees of the California State University and the governing board of each community college district to designate an employee at each campus as a point of contact for the needs of lesbian, gay, bisexual, asexual, pansexual, transgender, gender-nonconforming, intersex, and two-spirit faculty, staff, and students. The bill, among other things, would prohibit a designated employee from being considered a responsible employee, as that term is used for purposes of certain existing requirements regarding the reporting of, and campus response to, allegations of "sexual harassment," as defined for purposes of the Equity in Higher Education Act. The bill would request the University of California to comply with the provisions described in this paragraph. By imposing new duties on community college districts, the bill would impose a state-mandated local program. This bill would revise the definition of "sexual orientation" for purposes of the Equity in Higher Education Act, as specified. (2) Existing law requires an institution that has an exemption from either the Equity in Higher Education Act or Title IX to make specified disclosures to the institution's current and prospective students, faculty members, and employees, and to the Student Aid Commission, concerning the institution's basis for having the exemption, and requires the commission to collect the information it receives and to post and maintain a list on the commission's internet website of all institutions with the exemption and their respective bases for having the exemption. This bill would, beginning with the 2026–27 school year, require the commission to provide a written notice to students who receive state financial aid regarding, among other things, whether their postsecondary educational institution has an exemption from either the Equity in Higher Education Act or Title IX on file with the commission. (3) Existing law requests the Trustees of the California State University, the Regents of the University of California, and the governing board of each community college district to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules and regulations governing student behavior within these segments. This bill instead would require the Trustees of the California State University and the governing board of each community college district, and would request the University of California, to adopt and publish policies on harassment, intimidation, and bullying, and to include these policies within the rules and regulations governing student behavior within these segments. By imposing new duties on community college districts, the bill would impose a state-mandated local program. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors SB 1491?
SB 1491 is sponsored by Eggman, Atkins, and Menjivar, Caroline (Democratic).
What is the current status of SB 1491?
This bill has been enacted into law. Introduced February 16, 2024. Enacted.
Where can I track SB 1491?
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