BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 2706 (Lowenthal) Hearing Date: 08/02/2010 Amended: 06/22/2010 Consultant: Jacqueline Wong-HernandezPolicy Vote: Judiciary 3-2 _________________________________________________________________ ____ BILL SUMMARY: AB 2706 would specifically add homeless persons, as defined, to the list of individuals protected from violence and intimidation under the Ralph Civil Rights Act, thereby providing civil remedies to homeless persons who are injured as a result of such violence. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund Increased claims/investigations Minor and absorbable workload increase General* *Department of Fair Employment and Housing (FEHA) _________________________________________________________________ ____ STAFF COMMENTS: Existing law, under the Ralph Civil Rights Act, provides that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of personal or other characteristics or statuses, such as political affiliation, sex, race, color, religion, marital status, sexual orientation, or position in a labor dispute. (Civ. Code Sec. 51.7.) State law further provides that a person who violates the Ralph Civil Rights Act or aids, incites, or conspires in that act, is liable for actual damages suffered by any person denied that right, as well as a civil penalty and attorney's fees. (Civ. Code Sec. 52(b).) This bill would add homeless persons, as defined, to the list of individuals protected, and would allow them to seek damages from others who violated their rights under the Ralph Civil Rights Act. This could lead to a minor increase in civil litigation, to the extent that new actions are pursued. FEHA has the responsibility, under state law, to receive, investigate, and conciliate complaints that an individual's personal rights have been infringed upon in violation of various laws including the Ralph Civil Rights Act. Enforcing the provisions of this bill is unlikely to significantly increase the number of investigations under FEHA jurisdiction in a given year. Of the 19,512 FEHA investigations last year, only 35 were related to the Ralph Civil Rights Act. The vast majority - more than 18,000 - were employment investigations. In the past 10 years, Ralph Civil Rights Act violations have constituted .01-.03% of all FEHA investigations in any year. Any additional workload resulting from this bill will likely be very minor, and absorbable within existing resources.