BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 2780|
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                                      CONSENT 


          Bill No:  AB 2780
          Author:   Holden (D) 
          Amended:  6/9/16 in Senate
          Vote:     21 

           SENATE JUDICIARY COMMITTEE:  7-0, 6/21/16
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

           ASSEMBLY FLOOR:  79-0, 4/21/16 (Consent) - See last page for  
            vote

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


          SOURCE:    California Department of Fair Employment and Housing


          DIGEST:  This bill provides adjustments to the term lengths of  
          the seven Fair Employment and Housing Council Members and  
          staggers terms of council members beginning January 1, 2017.


          ANALYSIS: 


           Existing law:



          1)Declares, under the Fair Employment and Housing Act (FEHA), it  
            is against public policy to discriminate on the basis of race,  








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            color, religion, sex, gender, gender identity, gender  
            expression, sexual orientation, marital status, national  
            origin, ancestry, familial status, source of income,  
            disability, or genetic information in housing accommodations  
            and in employment. 



          2)Establishes the Fair Employment and Housing Council within the  
            Department of Fair Employment and Housing (DFEH) consisting of  
            seven Governor Appointees that are subject to Senate  
            confirmation and serve four-year terms.  





          This bill:



          1)Requires, beginning January 1, 2017, that the terms of four of  
            the Council Members be four years in length and the terms of  
            three of the Council Members be two years in length, and  
            provides that after the terms of these initial appointments  
            expire, Council Members would be appointed to serve four-year  
            terms.  



          2)Provides that vacancies occurring prior to the expiration of  
            the term shall be filled by appointment for the unexpired  
            term.



          Background

          

          The DFEH is the State agency responsible for enforcing  
          California's civil rights laws.  The mission of the DFEH is to  








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          protect Californians from employment, housing and public  
          accommodation discrimination, and hate violence. 

           

          The DFEH is mandated by statute to protect the people of the  
          state of California from discrimination and hate violence  
          pursuant to the FEHA, Unruh Civil Rights Act, Disabled Persons  
          Act, and Ralph Civil Rights Act.  The DFEH has jurisdiction over  
          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,  
          prosecutes cases, and also provides technical assistance to  
          employers, business establishments and housing providers  
          regarding their responsibilities under the law. 

           

          The Fair Employment and Housing Council was established as an  
          independent body within the DFEH to advance civil rights in  
          California through the promulgation of regulations, provision of  
          technical assistance to advisory agencies, and issuance of  
          reports to the Governor and Legislature.  (SB 1038, Committee on  
          Budget and Fiscal Review, Chapter 46, Statutes of 2012)

           

          The Fair Employment and Housing Council consist of seven  
          Governor Appointees that are confirmed by the Senate.  The  
          Governor designates the chairperson.  All seven current  
          appointees' terms will expire on January 1, 2017.  This bill  
          staggers the terms of the appointees in an effort to ensure that  
          there is functionality and continuity in the event many members  
          are replaced at the same time. 











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          Comments

          

          The author writes:



             Currently, the seven appointed members each serve four-year  
             terms.  The terms are not staggered and all seven members'  
             terms will expire simultaneously on January 1, 2017 without a  
             clear plan to ensure full functionality and continuity. 

              

             Given that the Fair Employment and Housing Council is a state  
             entity responsible for promoting regulations concerning  
             California's civil rights laws, it is essential that the  
             Council has full functionality.

              

             AB 2780 is necessary to provide such continuity to the Fair  
             Employment and Housing Council's work by recommending that  
             the Governor stagger the members' terms since it would enable  
             the members to maintain institutional knowledge and  
             consistency across long-term projects.



          Related/Prior Legislation

          

          AB 2433 (Hill, Chapter 305, Statutes of 2012) staggered San  
          Francisco Bay Area Water Emergency Transportation Authority  
          Members' terms.









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                                                                    Page  5



           

          AB 1822 (Berryhill, Chapter 317, Statutes of 2012) staggered  
          California Architects Board Members terms.

           

          SB 1038 (Committee on Budget and Fiscal Review, Chapter 46,  
          Statutes of 2012)  established the Fair Employment and Housing  
          Council as an independent body within the DFEH to advance civil  
          rights in California through the promulgation of regulations,  
          provision of technical assistance to advisory agencies, and  
          issuance of reports to the Governor and Legislature. 


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified8/3/16)



          California Department of Fair Employment and Housing (source)


          OPPOSITION:   (Verified8/3/16)


          None received

          ASSEMBLY FLOOR:  79-0, 4/21/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,  
            Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,  
            Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Quirk, Rodriguez, Salas,  








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            Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,  
            Waldron, Weber, Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Ridley-Thomas


          Prepared by:Margie Estrada / JUD. / (916) 651-4113
          8/3/16 18:09:04


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