California 2017-2018 Regular Session

California Assembly Bill AB3109 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Assembly Bill No. ~~3109 CHAPTER 949~~ An act to add Section 1670.11 to the Civil Code, relating to contracts. ~~[ Approved by Governor September 30, 2018. Filed with Secretary of State September 30, 2018. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 3109, Mark Stone. Contracts: waiver of right of petition or free speech.The California Constitution provides that the people have the right to petition government for redress of grievances and to assemble freely to consult for the common good. The California Constitution provides that every person may freely speak, write, and publish his or her sentiments on all subjects, being responsible for the abuse of this right. Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law, a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals. A contract is also void to the extent that it restrains a person from engaging in a lawful profession, trade, or business of any kind.This bill would make a provision in a contract or settlement agreement void and unenforceable if it waives a partys right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or sexual harassment.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1670.11 is added to the Civil Code, to read:1670.11. Notwithstanding any other law, a provision in a contract or settlement agreement entered into on or after January 1, 2019, that waives a partys right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of the other party to the contract or settlement agreement, or on the part of the agents or employees of the other party, when the party has been required or requested to attend the proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature, is void and unenforceable.
	1	+	Enrolled August 22, 2018 Passed IN Senate August 13, 2018 Passed IN Assembly August 20, 2018 Amended IN Senate June 19, 2018 Amended IN Senate May 31, 2018 Amended IN Assembly May 09, 2018 Amended IN Assembly May 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3109Introduced by Assembly Member Mark Stone(Principal coauthors: Assembly Members Friedman and Reyes)February 16, 2018 An act to add Section 1670.11 to the Civil Code, relating to contracts. LEGISLATIVE COUNSEL'S DIGESTAB 3109, Mark Stone. Contracts: waiver of right of petition or free speech.The California Constitution provides that the people have the right to petition government for redress of grievances and to assemble freely to consult for the common good. The California Constitution provides that every person may freely speak, write, and publish his or her sentiments on all subjects, being responsible for the abuse of this right. Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law, a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals. A contract is also void to the extent that it restrains a person from engaging in a lawful profession, trade, or business of any kind.This bill would make a provision in a contract or settlement agreement void and unenforceable if it waives a partys right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or sexual harassment.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1670.11 is added to the Civil Code, to read:1670.11. Notwithstanding any other law, a provision in a contract or settlement agreement entered into on or after January 1, 2019, that waives a partys right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of the other party to the contract or settlement agreement, or on the part of the agents or employees of the other party, when the party has been required or requested to attend the proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature, is void and unenforceable.
2	2
3		-	Assembly Bill No. 3109 CHAPTER 949 An act to add Section 1670.11 to the Civil Code, relating to contracts. [ Approved by Governor September 30, 2018. Filed with Secretary of State September 30, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 3109, Mark Stone. Contracts: waiver of right of petition or free speech.The California Constitution provides that the people have the right to petition government for redress of grievances and to assemble freely to consult for the common good. The California Constitution provides that every person may freely speak, write, and publish his or her sentiments on all subjects, being responsible for the abuse of this right. Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law, a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals. A contract is also void to the extent that it restrains a person from engaging in a lawful profession, trade, or business of any kind.This bill would make a provision in a contract or settlement agreement void and unenforceable if it waives a partys right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or sexual harassment.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Enrolled August 22, 2018 Passed IN Senate August 13, 2018 Passed IN Assembly August 20, 2018 Amended IN Senate June 19, 2018 Amended IN Senate May 31, 2018 Amended IN Assembly May 09, 2018 Amended IN Assembly May 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3109Introduced by Assembly Member Mark Stone(Principal coauthors: Assembly Members Friedman and Reyes)February 16, 2018 An act to add Section 1670.11 to the Civil Code, relating to contracts. LEGISLATIVE COUNSEL'S DIGESTAB 3109, Mark Stone. Contracts: waiver of right of petition or free speech.The California Constitution provides that the people have the right to petition government for redress of grievances and to assemble freely to consult for the common good. The California Constitution provides that every person may freely speak, write, and publish his or her sentiments on all subjects, being responsible for the abuse of this right. Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law, a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals. A contract is also void to the extent that it restrains a person from engaging in a lawful profession, trade, or business of any kind.This bill would make a provision in a contract or settlement agreement void and unenforceable if it waives a partys right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or sexual harassment.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	4	+
	5	+	Enrolled August 22, 2018 Passed IN Senate August 13, 2018 Passed IN Assembly August 20, 2018 Amended IN Senate June 19, 2018 Amended IN Senate May 31, 2018 Amended IN Assembly May 09, 2018 Amended IN Assembly May 02, 2018
	6	+
	7	+	Enrolled August 22, 2018
	8	+	Passed IN Senate August 13, 2018
	9	+	Passed IN Assembly August 20, 2018
	10	+	Amended IN Senate June 19, 2018
	11	+	Amended IN Senate May 31, 2018
	12	+	Amended IN Assembly May 09, 2018
	13	+	Amended IN Assembly May 02, 2018
	14	+
	15	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
4	16
5	17		Assembly Bill No. 3109
6		-	CHAPTER 949
	18	+
	19	+	Introduced by Assembly Member Mark Stone(Principal coauthors: Assembly Members Friedman and Reyes)February 16, 2018
	20	+
	21	+	Introduced by Assembly Member Mark Stone(Principal coauthors: Assembly Members Friedman and Reyes)
	22	+	February 16, 2018
7	23
8	24		An act to add Section 1670.11 to the Civil Code, relating to contracts.
9		-
10		-	[ Approved by Governor September 30, 2018. Filed with Secretary of State September 30, 2018. ]
11	25
12	26		LEGISLATIVE COUNSEL'S DIGEST
13	27
14	28		## LEGISLATIVE COUNSEL'S DIGEST
15	29
16	30		AB 3109, Mark Stone. Contracts: waiver of right of petition or free speech.
17	31
18	32		The California Constitution provides that the people have the right to petition government for redress of grievances and to assemble freely to consult for the common good. The California Constitution provides that every person may freely speak, write, and publish his or her sentiments on all subjects, being responsible for the abuse of this right. Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law, a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals. A contract is also void to the extent that it restrains a person from engaging in a lawful profession, trade, or business of any kind.This bill would make a provision in a contract or settlement agreement void and unenforceable if it waives a partys right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or sexual harassment.
19	33
20	34		The California Constitution provides that the people have the right to petition government for redress of grievances and to assemble freely to consult for the common good. The California Constitution provides that every person may freely speak, write, and publish his or her sentiments on all subjects, being responsible for the abuse of this right. Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law, a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals. A contract is also void to the extent that it restrains a person from engaging in a lawful profession, trade, or business of any kind.
21	35
22	36		This bill would make a provision in a contract or settlement agreement void and unenforceable if it waives a partys right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or sexual harassment.
23	37
24	38		## Digest Key
25	39
26	40		## Bill Text
27	41
28	42		The people of the State of California do enact as follows:SECTION 1. Section 1670.11 is added to the Civil Code, to read:1670.11. Notwithstanding any other law, a provision in a contract or settlement agreement entered into on or after January 1, 2019, that waives a partys right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of the other party to the contract or settlement agreement, or on the part of the agents or employees of the other party, when the party has been required or requested to attend the proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature, is void and unenforceable.
29	43
30	44		The people of the State of California do enact as follows:
31	45
32	46		## The people of the State of California do enact as follows:
33	47
34	48		SECTION 1. Section 1670.11 is added to the Civil Code, to read:1670.11. Notwithstanding any other law, a provision in a contract or settlement agreement entered into on or after January 1, 2019, that waives a partys right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of the other party to the contract or settlement agreement, or on the part of the agents or employees of the other party, when the party has been required or requested to attend the proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature, is void and unenforceable.
35	49
36	50		SECTION 1. Section 1670.11 is added to the Civil Code, to read:
37	51
38	52		### SECTION 1.
39	53
40	54		1670.11. Notwithstanding any other law, a provision in a contract or settlement agreement entered into on or after January 1, 2019, that waives a partys right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of the other party to the contract or settlement agreement, or on the part of the agents or employees of the other party, when the party has been required or requested to attend the proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature, is void and unenforceable.
41	55
42	56		1670.11. Notwithstanding any other law, a provision in a contract or settlement agreement entered into on or after January 1, 2019, that waives a partys right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of the other party to the contract or settlement agreement, or on the part of the agents or employees of the other party, when the party has been required or requested to attend the proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature, is void and unenforceable.
43	57
44	58		1670.11. Notwithstanding any other law, a provision in a contract or settlement agreement entered into on or after January 1, 2019, that waives a partys right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of the other party to the contract or settlement agreement, or on the part of the agents or employees of the other party, when the party has been required or requested to attend the proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature, is void and unenforceable.
45	59
46	60
47	61
48	62		1670.11. Notwithstanding any other law, a provision in a contract or settlement agreement entered into on or after January 1, 2019, that waives a partys right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of the other party to the contract or settlement agreement, or on the part of the agents or employees of the other party, when the party has been required or requested to attend the proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature, is void and unenforceable.