BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 117
Author: Kehoe (D)
Amended: 6/30/11 in Assembly
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 7-5, 3/22/11
AYES: Wright, Calderon, Corbett, De León, Evans, Padilla,
Yee
NOES: Anderson, Berryhill, Cannella, Strickland, Wyland
NO VOTE RECORDED: Hernandez
SENATE JUDICIARY COMMITTEE : 3-2, 4/5/11
AYES: Evans, Corbett, Leno
NOES: Harman, Blakeslee
SENATE FLOOR : 21-15, 5/9/11
AYES: Alquist, Corbett, De León, DeSaulnier, Evans,
Hancock, Hernandez, Kehoe, Leno, Lieu, Liu, Lowenthal,
Padilla, Pavley, Price, Simitian, Steinberg, Vargas,
Wolk, Wright, Yee
NOES: Anderson, Berryhill, Blakeslee, Cannella, Dutton,
Emmerson, Fuller, Gaines, Harman, Huff, La Malfa, Runner,
Strickland, Walters, Wyland
NO VOTE RECORDED: Calderon, Correa, Negrete McLeod, Rubio
ASSEMBLY FLOOR : 52-25, 7/14/11 - See last page for vote
SUBJECT : Public contracts: prohibitions:
discrimination based on
gender or sexual orientation
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SOURCE : Equality California
DIGEST : This bill prohibits a state agency from entering
into a goods or services contract worth $100,000 or more,
if in the provision of benefits, the contractor
discriminates between employees with same or different sex
spouses or partners, or discriminates between same or
different sex spouses or partners of employees.
Assembly Amendments made clarifying changes to gender or
sexual orientation of the spouses or domestic partners of
employees.
ANALYSIS : Existing law:
1. Prohibits a state agency from entering into a goods or
services contract worth $100,000 or more, if in the
provision of benefits, the contractor discriminates
between employees with spouses and employees with
domestic partners, or discriminates between the domestic
partners and spouses of those employees.
2. Provides that, notwithstanding any other law, that
same-sex marriages entered outside of California before
passage of Proposition 8 will be legally recognized as
such in California; and couples in all such marriages
entered into after passage of Proposition 8 will have
all of the same rights, responsibilities and obligations
as married couples, with the sole exception of using the
legal designation of "marriage."
This bill prohibits a state agency from entering into a
goods or services contract worth $100,000 or more, if in
the provision of benefits, the contractor discriminates
between employees with same or different sex spouses or
partners, or discriminates between same or different sex
spouses or partners of employees.
Comments
The bill's sponsor, Equality California, states that this
bill will protect the 18,000 same-sex couples who were
married in California during 2008, and same-sex couples who
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were married in other states, by expanding the law to
include gender and sexual orientation of spouses. Equality
California states:
"The playing field for contractors needs to be leveled by
ensuring that entities that discriminate are not given a
competitive advantage over those who treat their
employees equally. Providing the same benefits to an
employee with a domestic partner, or same-sex or
opposite-sex spouse ensures that workers receive equal
pay for equal work. To do otherwise is essentially to
discriminate against gay, lesbian, bisexual and
transgender employees.
"Providing equal benefits also show respect for the
diversity of employees and their individual
circumstances. Additionally, treating employees fairly is
a sound business practice. A non-discriminatory benefits
program enables employers to attract and retain the best
and most talented employees, lowers turnover and
recruitment costs, and helps improve job satisfaction and
performance."
Prior Legislation
AB 17 (Kehoe), Chapter 752, Statutes of 2003, prohibited
state agencies from entering into any contract for goods or
services in the amount of $100,000 or more with a
contractor that does not provide the same benefits to an
employee with a registered domestic partner that it
provides to an employee with a spouse.
AB 25 (Migden), Chapter 893, Statutes of 2001, expanded
California domestic partnership law by conferring on
registered domestic partners various rights, privileges and
standing granted by the state to married couples. Domestic
partners now enjoy (1) the right to bring an action for
wrongful death, (2) the right to receive continued health
care coverage as a surviving beneficiary of the decedent,
(3) the right to make health care decisions for an
incapacitated partner, (4) the right to adopt a partner's
child as a stepparent, (5) the right to file a claim for
disability benefits a partner in the same manner as a
spouse may file such a claim, and (6) the right to be
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nominated and appointed as conservator of an incapacitated
partner. AB 25 also required benefits policy carriers of
public agency employers to provide the same benefits to
employees whether they are married or have domestic
partners, and the same benefits to the employees' spouses
or domestic partners.
AB 26 (Migden), Chapter 588, Statutes of 1999, recognized
domestic partnerships in California, and specified the
manner by which such partnerships may be formed,
registered, and terminated. It provided certain rights to
domestic partners, such as hospital visitation rights and
health benefits to domestic partners of public employees.
AB 1080 (Kehoe), 2001-02 Session, was a substantially
identical bill that died in the Assembly pending
concurrence in Senate amendments.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/12/11)
Equality California (source)
Betty Yee, Member, First District, State Board of
Equalization
California Commission on the Status of Women
California Communities United Institute
California Employment Lawyers Association
California Faculty Association
California Federation of Teachers
California Labor Federation
California National Organization for Women
California Nurses Association
City of Los Angeles
City of West Hollywood
Gray Panthers Association of California Networks
Los Angeles Gay and Lesbian Center
Professional Engineers in California Government
SEIU Local 1000
ARGUMENTS IN SUPPORT : The California Commission on the
Status of Women notes that it supported AB 17 (Kehoe) which
prohibited state agencies from entering into specified
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contracts with businesses that discriminate between
employers with spouses and those with domestic partners.
Employee benefits account for 25 to 40 percent of an
employee's compensation. Providing the same benefits to an
employee with a domestic partnership, or same-sex or
opposite-sex spouse ensures that workers receive equal pay
for equal work.
The California Employment Lawyers Association believes that
all employees should be treated equally, and are entitled
to work with dignity under the protection of the laws of
this state. Employers who discriminate should not be given
an unfair competitive advantage over employers who play
fair and follow our laws. The Gray Panthers and the
Professional Engineers in California Government agree that
employers who discriminate should not be given unfair
competitive advantages.
ASSEMBLY FLOOR : 52-25, 7/14/11
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fletcher, Fong,
Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall,
Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman,
Lara, Bonnie Lowenthal, Ma, Mendoza, Monning, Pan, Perea,
V. Manuel Pérez, Portantino, Skinner, Solorio, Swanson,
Torres, Wieckowski, Williams, Yamada, John A. Pérez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Garrick, Grove, Hagman, Halderman, Harkey, Jeffries,
Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande,
Nielsen, Norby, Olsen, Silva, Smyth, Valadao, Wagner
NO VOTE RECORDED: Beth Gaines, Gorell, Mitchell
PQ:mw 8/12/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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