BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2780


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2780 (Holden)


          As Amended  June 9, 2016


          Majority vote


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          Original Committee Reference:  L. & E.


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


          3)Provides that these changes would begin with appointments to  








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            the Council made on or after January 1, 2017. 


          The Senate amendments:


          1)Remove provisions requiring that the Governor, in the case of  
            a vacancy on the board, to immediately appoint a member to  
            serve the remainder of the term.


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


          EXISTING LAW:  


          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:  According to the Senate Appropriations  








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          Committee, pursuant to Senate Rule 28.8, negligible state costs.


          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. 


          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.











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


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








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