SCA 5, as introduced, Hernandez. Public postsecondary education: student recruitment and selection.
The California Constitution prohibits the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
This measure would provide that the above prohibition does not prevent state institutions of higher education, as defined, from implementing student recruitment and selection programs permissible under the equal protection clause of the 14th Amendment to the United States Constitution.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
P1 1Resolved by the Senate, the Assembly concurring, That the
2Legislature of the State of California at its 2013-14 Regular
3Session commencing on the third day of December 2012,
4two-thirds of the membership of each house concurring, hereby
5proposes to the people of the State of California, that the
6Constitution of the State be amended as follows:
That Section 31 of Article I thereof is amended to read:
(a) The State shall not discriminate against, or grant
2preferential treatment to, any individual or group on the basis of
3race, sex, color, ethnicity, or national origin in the operation of
4public employment, public education, or public contracting.
11 This section shall apply only to action taken after the
12section’s effective date.
13(c) Nothing in thisend delete
14 section shall be
interpreted as prohibiting bona fide
15qualifications based on sex which are reasonably necessary to the
16normal operation of public employment, public education, or public
18(d) Nothing in thisend delete
19 section shall be interpreted as invalidating any
20court order or consent decree
begin delete whichend delete is in force as of the
21effective date of this section.
22(e) Nothing in thisend delete
23 section shall be interpreted as prohibiting action
24which must be taken to establish or maintain eligibility for any
begin delete whereend delete ineligibility would result in a loss of
26federal funds to the State.
28 For the purposes of this section, “State” shall include,
29but not necessarily be limited to, the State itself, any city, county,
30city and county, public university system, including the University
31of California, community college district, school district, special
32district, or any other political subdivision or governmental
33instrumentality of or within the State.
P3 1 The remedies available for violations of this section shall
2be the same, regardless of the injured party’s race, sex, color,
3ethnicity, or national origin, as are otherwise available for
4violations of then-existing California antidiscrimination law.
6 This section shall be self-executing. If any part or parts of
7this section are found to be in conflict with federal law or the
8United States Constitution, the section shall be implemented to
9the maximum extent that federal law and the United States
10Constitution permit. Any provision held invalid shall be severable
11from the remaining portions of this section.