Amended in Senate August 15, 2016

Amended in Senate June 20, 2016

Amended in Assembly May 31, 2016

Amended in Assembly April 26, 2016

Amended in Assembly April 11, 2016

Amended in Assembly March 28, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2844


Introduced by Assembly Member Bloom

(Principal coauthors: Assembly Members Levine, Medina, and Nazarian)

(Principal coauthors: Senators Allen, Block, Glazer, Hertzberg, Jackson, and Wolk)

(Coauthors: Assembly Members Campos, Dababneh, and Olsen)

February 19, 2016


An act to add Section 2010 to the Public Contract Code, relating to public contracts.

LEGISLATIVE COUNSEL’S DIGEST

AB 2844, as amended, Bloom. Public contracts: discrimination.

Existing law governs the procurement process for contracts of specified public entities.begin insert 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 full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. Existing law, the California Fair Employment and Housing Act, protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.end insert

This bill would require a person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of $100,000 or more to certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed that theybegin delete have compliedend deletebegin insert are in complianceend insert with the Unruh Civil Rights Act and the California Fair Employment and Housing Act, and that any policy that they have adopted against any sovereign nation or peoples recognized by the government of the United States, including, but not limited to, the nation and people of Israel, is not used as a pretext for discrimination in violation of the Unruh Civil Rights Act or the California Fair Employment and Housing Act. By requiring a person to certify under penalty of perjury, this bill would expand the definition of a crime, thereby imposing a state-mandated local program.begin delete The bill would authorize the Attorney General to receive and investigate complaints regarding violations of, and to bring suit to enforce, these provisions.end delete

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The Legislature hereby finds and declares all of
2the following:

P3    1(a) California is a leader in protecting civil rights and preventing
2discrimination.

3(b) California’s robust nondiscrimination laws include
4protections on the basis of religion, race, national origin, sex, sexual
5orientation, gender identity, gender expression, and disability,
6among other characteristics.

7(c) California’s strong public policy againstbegin insert unlawfulend insert
8 discrimination is reflected in numerous statutes. The California
9Fair Employment and Housing Act (Chapter 7 (commencing with
10Section 12960) of Part 2.8 of Division 3 of Title 2 of the
11Government Code) and the Unruh Civil Rights Act (Section 51 of
12the Civil Code) prohibitbegin insert unlawfulend insert discrimination in employment,
13housing, public accommodation, and services provided by business
14establishments on the basis of certain personal characteristics, such
15as sex, race, color, religion, ancestry, national origin, age,
16disability, medical condition, genetic information, marital status,
17or sexual orientation. Section 11135 of the Government Code
18specifically prohibitsbegin insert unlawfulend insert discrimination on the basis of many
19of these same characteristics in the conduct, operation, or
20administration of any program or activity that is by the state or by
21any state agency, funded directly by the state, or receives any
22financial assistance from the state.

23(d) California’s Public Contract Code similarly affirms these
24nondiscrimination policies and prohibits a state agency from
25entering into certain contracts with any contractor unless the
26contractor complies with all appropriate state laws concerning
27wages, workplace safety, rights to association and assembly, and
28nondiscrimination standards as well as appropriate federal laws.

29(e) Both freedom of speech and religion are cornerstones of law
30and public policy in the United States, and the Legislature strongly
31supports and affirms these important freedoms.

32(f) The exercise of one’s First Amendment rights is not a
33justification for engaging in acts ofbegin insert unlawfulend insert discrimination.

34(g) California must take action to avoid supporting or financing
35begin insert unlawfulend insert discrimination against protected classes.

36(h) It is the policy of the State of California to promote fairness
37and equality and to combatbegin insert unlawfulend insert discrimination and if
38California hopes to remain a national leader on behalf of these
39communities, action must be taken to recognize that discriminatory
P4    1laws and policies are unacceptable for California’s partners in
2business.

3(i) California has significant influence in the marketplace. The
4state at times operates not as a market regulator, but as a market
5participant, and in this latter role it may determine that companies
6engaging in discriminatory actions in the conduct and operation
7of their business adversely affects the state’s procurement activities
8and places the state in a position of supporting activities that could
9be seen as a violation of the nondiscrimination policies of the State
10of California.

11(j) It is the intent of the Legislature to ensure that taxpayer funds
12are not used to do business with or otherwise support any state or
13private entity that engages in discriminatory actions against
14individuals under the pretext of exercising First Amendment rights.
15This includes, but is not limited to, discriminatory actions taken
16against individuals of the Jewish faith under the pretext of a
17constitutionally protected boycott or protest of the State of Israel.

18(k) It is the intent of the Legislature to ensure that taxpayer
19funds are not used to do business with or support discriminatory
20actions against any individuals.

21

SEC. 2.  

Section 2010 is added to the Public Contract Code, to
22read:

23

2010.  

begin delete(a)end deletebegin deleteend deleteA person that submits a bid or proposal to, or
24otherwise proposes to enter into or renew a contract with, a state
25agency with respect to any contract in the amount of one hundred
26thousand dollars ($100,000) or more shall certify, under penalty
27of perjury, at the time the bid or proposal is submitted or the
28contract is renewed, all of the following:

begin delete

29(1)

end delete

30begin insert(a)end insert That theybegin delete have compliedend deletebegin insert are in complianceend insert with the Unruh
31Civil Rights Act (Section 51 of the Civil Code).

begin delete

32(2)

end delete

33begin insert(b)end insert That theybegin delete have compliedend deletebegin insert are in complianceend insert with the
34California Fair Employment and Housing Act (Chapter 7
35(commencing with Section 12960) of Part 2.8 of Division 3 of
36Title 2 of the Government Code).

begin delete

37(3)

end delete

38begin insert(c)end insert That any policy that they have against any sovereign nation
39or peoples recognized by the government of the United States,
40including, but not limited to, the nation and people of Israel, is not
P5    1used as a pretext for discrimination in violation of the Unruh Civil
2Rights Act (Section 51 of the Civil Code) or the California Fair
3Employment and Housing Act (Chapter 7 (commencing with
4Section 12960) of Part 2.8 of Division 3 of Title 2 of the
5Government Code).

begin delete

6(b) The Attorney General may receive and investigate
7complaints regarding violations of, and may bring suit to enforce
8the provisions of, subdivision (a).

end delete
9

SEC. 3.  

No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California
17Constitution.



O

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