BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 6, 2016


                     ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT


                               Roger Hernández, Chair


          AB 2780  
          (Holden) - As Introduced February 19, 2016


          SUBJECT:  Fair Employment and Housing Council:  membership:   
          length of terms


          SUMMARY:  Provides adjustments to the term lengths of the seven  
          Fair Employment and Housing Council (Council) members.   
          Specifically, this bill:  


          1)Provides that for the Council, the terms of four of the  
            members be four years in length and the terms of three of the  
            members be two years in length.  The bill provides that after  
            the terms of these initial appointments expire, members would  
            be appointed to serve four-year terms. 


          2)Requires that the Governor, in the case of a vacancy on the  
            board, to immediately appoint a member to serve the remainder  
            of the term.


          3)Provides that these changes would begin with appointments to  
            the Council made on or after January 1, 2017. 


          EXISTING LAW:  








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          1)Establishes the Department of Fair Employment and Housing  
            (DFEH), who is responsible for enforcing California's civil  
            rights laws. 


          2)Establishes the Council within the DFEH, which is an  
            independent body, responsible for promulgating regulations  
            that implement California's employment and housing  
            anti-discrimination laws, providing technical assistance to  
            advisory agencies and issuing reports to the Governor and  
            Legislature in order to advance civil rights in California.  


          3)Provides the Council consists of seven members, appointed by  
            the Governor and confirmed by the Senate, who each serve four  
            year terms, which are not staggered. 


          4)Provides that the Director of the DFEH shall serve as a  
            nonvoting ex-officio member of the Council.


          FISCAL EFFECT:  Unknown 


          COMMENTS:  The purpose of this bill is to stagger the terms of  
          the Council members in order to provide institutional  
          continuity.  Continuity is significant for institutional memory  
          and for consistency across long-term institutional commitments.   
          Other boards and commissions, such as the California  
          Transportation Commission, have staggered terms. 


          The author argues, "Given that the DFEH Council is a state  
          agency responsible for enforcing California's civil rights law,  
          it is essential that the council has full functionality.  This  
          bill is necessary to provide such continuity to the Council's  








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          work by recommending that the Department stagger the members'  
          terms since it would allow the member's to maintain  
          institutional knowledge and consistency across long-term  
          projects"  


          Background 




          The mission of the DFEH is to protect Californians from  
          employment, housing and public accommodation discrimination, and  
          hate violence.   The DFEH is the largest state civil rights  
          agency in the country.  It was established by the Legislature in  
          1959 as the Division of Fair Employment Practices and was  
          initially part of the Department of Industrial Relations.  In  
          1980, the DFEH was established as an independent department  
          charged with enforcing California's comprehensive employment,  
          housing, public accommodations and public service  
          non-discrimination laws, as well as the State's bias-related  
          hate violence law.



          The DFEH's statutory mandate is to protect the people of  
          California from employment, housing and public accommodations  
          discrimination and hate violence pursuant to the California Fair  
          Employment and Housing Act (FEHA), Unruh Civil Rights Act,  
          Disabled Persons Act, and Ralph Civil Rights Act.  The DFEH has  
          jurisdiction over both private and public entities operating  
          within the State of California, including corporate entities,  
          private sector contracts granted by the State of California, and  
          all State departments and local governments.



          The DFEH receives and investigates discrimination complaints in  
          its five district offices throughout the California.  The  








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          district offices handle employment, housing, public  
          accommodations, and hate violence cases, along with a special  
          investigations unit which focuses on systemic discrimination  
          cases statewide.  In addition, there are three legal offices  
          which prosecute cases.  The DFEH routinely provides technical  
          assistance to employers, business establishments and housing  
          providers regarding their responsibilities under the law. 

          Arguments in Support


          This bill is supported by the Department of Fair Employment and  
          Housing; they state that, "Currently, the seven members' terms  
          are not staggered and will expire simultaneously on January 1,  
          2017.  This bill would stagger subsequent appointee's terms in  
          order to maintain institutional knowledge and consistency across  
          long-term projects." 


          There is no opposition on file.


          Previous Related Legislation 


          SB 1038 (Cmte on Budget & Fiscal Review) Chapter 46, Statutes of  
          2012, eliminated the Fair Employment and Housing Commission, an  
          entity separate from the DFEH that both promulgated regulations  
          and adjudicated California Fair Employment and Housing Act  
          (FEHA) claims.  The law transferred the regulatory functions of  
          the Commission to the DFEH by creating a rulemaking body called  
          the Fair Employment and Housing Council (Council) within the  
          Department. SB 1038 ended administrative adjudication of FEHA  
          claims and, for the first time, authorized the DFEH to file and  
          prosecute civil actions directly in court. 


          AB 2433 (Hill) Chapter 305, Statutes of 2012, staggered members'  
          terms on the San Francisco Bay Area Water Emergency  








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          Transportation Authority. 


          AB 1822 (Berryhill) Chapter 317, Statutes of 2012, staggered  
          members' terms on the California Architects Board. 


          





          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Department of Fair Employment and Housing 




          Opposition


          None on file




          Analysis Prepared by:Taylor Jackson / L. & E. / (916) 319-2091












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