BILL NUMBER: AB 2707 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 4, 2016
AMENDED IN ASSEMBLY APRIL 26, 2016
AMENDED IN ASSEMBLY APRIL 11, 2016
INTRODUCED BY Assembly Member Ridley-Thomas
(Coauthor: Assembly Member Wilk)
FEBRUARY 19, 2016
An act to add Section 51.14 to the Civil Code, and to amend
Section 12930 of the Government Code, relating to civil rights.
LEGISLATIVE COUNSEL'S DIGEST
AB 2707, as amended, Ridley-Thomas. Stop Consumer Racial Profiling
Act of 2016.
Existing law, the Unruh Civil Rights Act, states that all persons
within this state are free and equal, and no matter what their sex,
race, color, religion, ancestry, national origin, disability, medical
condition, genetic information, marital status, sexual orientation,
citizenship, primary language, or immigration status are entitled to
the full and equal accommodations, advantages, facilities,
privileges, or services in all business establishments. Under
existing law, the Department of Fair Employment and Housing is
responsible for receiving, investigating, conciliating, mediating,
and prosecuting complaints alleging a violation of the act.
This bill would enact the Stop Consumer Racial Profiling Act of
2016, which would prohibit a business establishment from using
consumer racial profiling, as defined. The bill would also make the
Department of Fair Employment and Housing responsible for the
enforcement of the act.
This bill would incorporate additional changes to Section 12930 of
the Government Code, proposed by SB 1442, to be operative only if SB
1442 and this bill are both chaptered and become effective on or
before January 1, 2017, and this bill is chaptered last.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 51.14 is added to the Civil Code, to read:
51.14. (a) This act shall be known, and may be cited, as the Stop
Consumer Racial Profiling Act of 2016.
(b) No business establishment shall use consumer racial profiling.
(c) For purposes of this section, "consumer racial profiling"
shall mean the profiling or targeting of a person that results in
differential treatment based on his or her race or ethnicity and that
constitutes a denial or degradation in the product or service
offered to customers. "Consumer racial profiling" includes, but is
not limited to, refusal to serve, removal from the business
establishment premises, segregated seating, requiring additional
forms of identification, and surveillance practices based on race or
ethnicity.
SEC. 2. Section 12930 of the Government Code is
amended to read:
12930. The department shall have the following functions, powers,
and duties:
(a) To establish and maintain a principal office and any other
offices within the state as are necessary to carry out the purposes
of this part.
(b) To meet and function at any place within the state.
(c) To appoint attorneys, investigators, conciliators, mediators,
and other employees as it may deem necessary, fix their compensation
within the limitations provided by law, and prescribe their duties.
(d) To obtain upon request and utilize the services of all
governmental departments and agencies and, in addition, with respect
to housing discrimination, of conciliation councils.
(e) To adopt, promulgate, amend, and rescind suitable procedural
rules and regulations to carry out the investigation, prosecution,
and dispute resolution functions and duties of the department
pursuant to this part.
(f) (1) To receive, investigate, conciliate, mediate, and
prosecute complaints alleging practices made unlawful pursuant to
Chapter 6 (commencing with Section 12940).
(2) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging a violation of Section 51, 51.5, 51.7, 51.14, 54,
54.1, or 54.2 of the Civil Code. The remedies and procedures of this
part shall be independent of any other remedy or procedure that
might apply.
(g) In connection with any matter under investigation or in
question before the department pursuant to a complaint filed under
Section 12960, 12961, or 12980:
(1) To issue subpoenas to require the attendance and testimony of
witnesses and the production of books, records, documents, and
physical materials.
(2) To administer oaths, examine witnesses under oath and take
evidence, and take depositions and affidavits.
(3) To issue written interrogatories.
(4) To request the production for inspection and copying of books,
records, documents, and physical materials.
(5) To petition the superior courts to compel the appearance and
testimony of witnesses, the production of books, records, documents,
and physical materials, and the answering of interrogatories.
(h) To bring civil actions pursuant to Section 12965 or 12981 and
to prosecute those civil actions before state and federal trial
courts.
(i) To issue those publications and those results of
investigations and research as in its judgment will tend to promote
good will and minimize or eliminate discrimination in employment on
the bases enumerated in this part and discrimination in housing
because of race, religious creed, color, sex, gender, gender
identity, gender expression, marital status, national origin,
ancestry, familial status, disability, genetic information, or sexual
orientation.
(j) To investigate, approve, certify, decertify, monitor, and
enforce nondiscrimination programs proposed by a contractor to be
engaged in pursuant to Section 12990.
(k) To render annually to the Governor and to the Legislature a
written report of its activities and of its recommendations.
(l) To conduct mediations at any time after a complaint is filed
pursuant to Section 12960, 12961, or 12980. The department may end
mediation at any time.
(m) The following shall apply with respect to any accusation
pending before the former Fair Employment and Housing Commission on
or after January 1, 2013:
(1) If an accusation issued under former Section 12965 includes a
prayer either for damages for emotional injuries as a component of
actual damages, or for administrative fines, or both, or if an
accusation is amended for the purpose of adding a prayer either for
damages for emotional injuries as a component of actual damages, or
for administrative fines, or both, with the consent of the party
accused of engaging in unlawful practices, the department may
withdraw an accusation and bring a civil action in superior court.
(2) If an accusation was issued under former Section 12981, with
the consent of the aggrieved party filing the complaint an aggrieved
person on whose behalf a complaint is filed, or the party accused of
engaging in unlawful practices, the department may withdraw the
accusation and bring a civil action in superior court.
(3) Where removal to court is not feasible, the department shall
retain the services of the Office of Administrative Hearings to
adjudicate the administrative action pursuant to Sections 11370.3 and
11502.
(n) On any Section 1094.5 Code of Civil Procedure challenge to a
decision of the former Fair Employment and Housing Commission pending
on or after January 1, 2013, the director or his or her designee
shall consult with the Attorney General regarding the defense of that
writ petition.
SEC. 2. Section 12930 of the Government
Code , as amended by Chapter 63 of the
Statutes of 2016, is amended to read:
12930. The department shall have the following functions, powers,
and duties:
(a) To establish and maintain a principal office and any other
offices within the state as are necessary to carry out the purposes
of this part.
(b) To meet and function at any place within the state.
(c) To appoint attorneys, investigators, conciliators, mediators,
and other employees as it may deem necessary, fix their compensation
within the limitations provided by law, and prescribe their duties.
(d) To obtain upon request and utilize the services of all
governmental departments and agencies and, in addition, with respect
to housing discrimination, of conciliation councils.
(e) To adopt, promulgate, amend, and rescind suitable procedural
rules and regulations to carry out the investigation, prosecution,
and dispute resolution functions and duties of the department
pursuant to this part.
(f) (1) To receive, investigate, conciliate, mediate, and
prosecute complaints alleging practices made unlawful pursuant to
Chapter 6 (commencing with Section 12940).
(2) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging a violation of Section 51, 51.5, 51.7,
51.14, 54, 54.1, or 54.2 of the Civil Code. The remedies and
procedures of this part shall be independent of any other remedy or
procedure that might apply.
(3) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging, and to bring civil actions pursuant to Section
52.5 of the Civil Code for, a violation of Section 236.1 of the Penal
Code. Damages awarded in any action brought by the department
pursuant to Section 52.5 of the Civil Code shall be awarded to the
person harmed by the violation of Section 236.1 of the Penal Code.
Costs and attorney's fees awarded in any action brought by the
department pursuant to Section 52.5 of the Civil Code shall be
awarded to the department. The remedies and procedures of this part
shall be independent of any other remedy or procedure that might
apply.
(g) In connection with any matter under investigation or in
question before the department pursuant to a complaint filed under
Section 12960, 12961, or 12980:
(1) To issue subpoenas to require the attendance and testimony of
witnesses and the production of books, records, documents, and
physical materials.
(2) To administer oaths, examine witnesses under oath and take
evidence, and take depositions and affidavits.
(3) To issue written interrogatories.
(4) To request the production for inspection and copying of books,
records, documents, and physical materials.
(5) To petition the superior courts to compel the appearance and
testimony of witnesses, the production of books, records, documents,
and physical materials, and the answering of interrogatories.
(h) To bring civil actions pursuant to Section 12965 or 12981 and
to prosecute those civil actions before state and federal trial
courts.
(i) To issue those publications and those results of
investigations and research as in its judgment will tend to promote
good will and minimize or eliminate discrimination in employment on
the bases enumerated in this part and discrimination in housing
because of race, religious creed, color, sex, gender, gender
identity, gender expression, marital status, national origin,
ancestry, familial status, disability, genetic information, or sexual
orientation.
(j) To investigate, approve, certify, decertify, monitor, and
enforce nondiscrimination programs proposed by a contractor to be
engaged in pursuant to Section 12990.
(k) To render annually to the Governor and to the Legislature a
written report of its activities and of its recommendations.
(l) To conduct mediations at any time after a complaint is filed
pursuant to Section 12960, 12961, or 12980. The department may end
mediation at any time.
(m) The following shall apply with respect to any accusation
pending before the former Fair Employment and Housing Commission on
or after January 1, 2013:
(1) If an accusation issued under former Section 12965 includes a
prayer either for damages for emotional injuries as a component of
actual damages, or for administrative fines, or both, or if an
accusation is amended for the purpose of adding a prayer either for
damages for emotional injuries as a component of actual damages, or
for administrative fines, or both, with the consent of the party
accused of engaging in unlawful practices, the department may
withdraw an accusation and bring a civil action in superior court.
(2) If an accusation was issued under former Section 12981, with
the consent of the aggrieved party filing the complaint an aggrieved
person on whose behalf a complaint is filed, or the party accused of
engaging in unlawful practices, the department may withdraw the
accusation and bring a civil action in superior court.
(3) Where removal to court is not feasible, the department shall
retain the services of the Office of Administrative Hearings to
adjudicate the administrative action pursuant to Sections 11370.3 and
11502.
(n) On any Section 1094.5 Code of Civil Procedure challenge to a
decision of the former Fair Employment and Housing Commission pending
on or after January 1, 2013, the director or his or her designee
shall consult with the Attorney General regarding the defense of that
writ petition.
SEC. 2.5. Section 12930 of the
Government Code , as amended by Chapter 63 of
the Statutes of 2016, is amended to read:
12930. The department shall have the following functions, powers,
and duties:
(a) To establish and maintain a principal office and any other
offices within the state as are necessary to carry out the purposes
of this part.
(b) To meet and function at any place within the state.
(c) To appoint attorneys, investigators, conciliators, mediators,
and other employees as it may deem necessary, fix their compensation
within the limitations provided by law, and prescribe their duties.
(d) To obtain upon request and utilize the services of all
governmental departments and agencies and, in addition, with respect
to housing discrimination, of conciliation councils.
(e) To adopt, promulgate, amend, and rescind suitable procedural
rules and regulations to carry out the investigation, prosecution,
and dispute resolution functions and duties of the department
pursuant to this part.
(f) (1) To receive, investigate, conciliate, mediate, and
prosecute complaints alleging practices made unlawful pursuant to
Chapter 6 (commencing with Section 12940).
(2) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging a violation of Section 51, 51.5, 51.7,
51.14, 54, 54.1, or 54.2 of the Civil Code. The remedies and
procedures of this part shall be independent of any other remedy or
procedure that might apply.
(3) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging, and to bring civil actions pursuant to Section
52.5 of the Civil Code for, a violation of Section 236.1 of the Penal
Code. Damages awarded in any action brought by the department
pursuant to Section 52.5 of the Civil Code shall be awarded to the
person harmed by the violation of Section 236.1 of the Penal Code.
Costs and attorney's fees awarded in any action brought by the
department pursuant to Section 52.5 of the Civil Code shall be
awarded to the department. The remedies and procedures of this part
shall be independent of any other remedy or procedure that might
apply.
(4) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging practices made unlawful pursuant to Article 9.5
(commencing with Section 11135) of Chapter 1 of Part 1, except for
complaints relating to educational equity brought under Chapter 2
(commencing with Section 200) of Part 1 of Division 1 of Title 1 of
the Education Code and investigated pursuant to the procedures set
forth in Subchapter 5.1 of Title 5 of the California Code of
Regulations, and not otherwise within the jurisdiction of the
department.
(A) Nothing in this part prevents the director or his or her
authorized representative, in his or her discretion, from making,
signing, and filing a complaint pursuant to Section 12960 or 12961
alleging practices made unlawful under Section 11135.
(B) Remedies available to the department in conciliating,
mediating, and prosecuting complaints alleging these practices are
the same as those available to the department in conciliating,
mediating, and prosecuting complaints alleging violations of Article
1 (commencing with Section 12940) of Chapter 6.
(g) In connection with any matter under investigation or in
question before the department pursuant to a complaint filed under
Section 12960, 12961, or 12980:
(1) To issue subpoenas to require the attendance and testimony of
witnesses and the production of books, records, documents, and
physical materials.
(2) To administer oaths, examine witnesses under oath and take
evidence, and take depositions and affidavits.
(3) To issue written interrogatories.
(4) To request the production for inspection and copying of books,
records, documents, and physical materials.
(5) To petition the superior courts to compel the appearance and
testimony of witnesses, the production of books, records, documents,
and physical materials, and the answering of interrogatories.
(h) To bring civil actions pursuant to Section 12965 or 12981 and
to prosecute those civil actions before state and federal trial
courts.
(i) To issue those publications and those results of
investigations and research as in its judgment will tend to promote
good will and minimize or eliminate discrimination in employment on
the bases enumerated in this part and discrimination in housing
because of race, religious creed, color, sex, gender, gender
identity, gender expression, marital status, national origin,
ancestry, familial status, disability, genetic information, or sexual
orientation.
(j) To investigate, approve, certify, decertify, monitor, and
enforce nondiscrimination programs proposed by a contractor to be
engaged in pursuant to Section 12990.
(k) To render annually to the Governor and to the Legislature a
written report of its activities and of its recommendations.
(l) To conduct mediations at any time after a complaint is filed
pursuant to Section 12960, 12961, or 12980. The department may end
mediation at any time.
(m) The following shall apply with respect to any accusation
pending before the former Fair Employment and Housing Commission on
or after January 1, 2013:
(1) If an accusation issued under former Section 12965 includes a
prayer either for damages for emotional injuries as a component of
actual damages, or for administrative fines, or both, or if an
accusation is amended for the purpose of adding a prayer either for
damages for emotional injuries as a component of actual damages, or
for administrative fines, or both, with the consent of the party
accused of engaging in unlawful practices, the department may
withdraw an accusation and bring a civil action in superior court.
(2) If an accusation was issued under former Section 12981, with
the consent of the aggrieved party filing the complaint an aggrieved
person on whose behalf a complaint is filed, or the party accused of
engaging in unlawful practices, the department may withdraw the
accusation and bring a civil action in superior court.
(3) Where removal to court is not feasible, the department shall
retain the services of the Office of Administrative Hearings to
adjudicate the administrative action pursuant to Sections 11370.3 and
11502.
(n) On any Section 1094.5 Code of Civil Procedure challenge to a
decision of the former Fair Employment and Housing Commission pending
on or after January 1, 2013, the director or his or her designee
shall consult with the Attorney General regarding the defense of that
writ petition.
SEC. 3. Section 2.5 of this bill incorporates
amendments to Section 12930 of the Government Code proposed by both
this bill and SB 1442. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2017,
(2) each bill amends Section 12930 of the Government Code, and (3)
this bill is enacted after SB 1442, in which case Section 2 of this
bill shall not become operative.