Senate BillNo. 1442


Introduced by Senator Liu

February 19, 2016


An act to repeal Section 261 of the Education Code, and to amend Sections 11135, 11136, 11137, 11139, 12930, and 12935 of, to add Section 12957 to, to add Chapter 18 (commencing with Section 7400) and Chapter 18.1 (commencing with Section 7405) to Division 7 of Title 1 of, and to repeal Sections 11138, 11139.3, 11139.5, 11139.6, and 11139.7 of, the Government Code, relating to discrimination.

LEGISLATIVE COUNSEL’S DIGEST

SB 1442, as introduced, Liu. Discrimination: regulations and enforcement.

Existing law prohibits discrimination in employment, housing, and eligibility for government programs and benefits based upon specified personal characteristics. Under existing law, the Department of Fair Employment and Housing within the Business, Consumer Services, and Housing Agency, is charged with enforcement of civil rights violations, including discrimination. Existing law authorizes the department, and other state agencies that administer programs or activities funded by the state or that receive financial assistance from the state and that enter into contracts for services to be provided to the public, as specified, to promulgate regulations to prohibit discrimination.

This bill would reorganize various statutes regarding discrimination. The bill would also remove the authority of those state agencies to promulgate regulations to prohibit discrimination and would require the investigation and enforcement of the above-described antidiscrimination provisions to be performed by to the department.

Existing law authorizes the provision of housing for homeless youth, as defined, and occupies the field of regulation of housing for homeless youth. This bill would reorganize these provisions by making them part of the Fair Employment and Housing Act. The bill would also make conforming changes.

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

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

P2    1

SECTION 1.  

Section 261 of the Education Code is repealed.

begin delete
2

261.  

The provisions of this chapter shall be implemented
3pursuant to existing regulations and procedures promulgated
4pursuant to Section 11138 of the Government Code, governing
5the filing and handling of written complaints of prohibited
6discrimination.

end delete
7

SEC. 2.  

Chapter 18 (commencing with Section 7400) is added
8to Division 7 of Title 1 of the Government Code, to read:

9 

10Chapter  18. Bidding and Outreach Programs
11

 

12

7400.  

(a) (1) The Legislature finds and declares that
13subdivision (a) of Section 31 of Article I of the California
14Constitution prohibits state and local government agencies from
15discriminating against or granting preferential treatment to any
16individual or group on the basis of race, sex, color, ethnicity, or
17national origin in the operation of public employment, public
18education, and public contracting. The Legislature finds that this
19prohibition does not prevent governmental agencies from engaging
20in inclusive public sector outreach and recruitment programs that,
21as a component of general recruitment, may include, but not be
22limited to, focused outreach and recruitment of minority groups
23and women if any group is underrepresented in entry level positions
24of a public sector employer.

25(2) The Legislature also finds and declares that increasing the
26number of businesses that participate in the bidding process in
27public contracting results in more vigorous competition, and thus
28assists state and local agencies in obtaining the desired quality of
29work at a lower cost.

30(3) It is the intent of this section that all governmental agencies
31shall engage in general recruitment and outreach programs to all
P3    1individuals, including persons who are economically
2disadvantaged.

3(b) For purposes of this section, underrepresentation shall be
4determined by comparing the minority group or the number of
5women at the governmental agency with that group’s representation
6in the current civilian labor force in the jurisdiction of the
7governmental agency.

8(c) State government employment shall use current state civilian
9labor force data to implement this section.

10(d) It is the intent of this section to allow public sector employers
11to conduct outreach efforts with a goal of supplementing
12word-of-mouth recruitment that should result in increasing diversity
13of the public sector workforce.

14(e) The type of recruitment activities allowed would include,
15but not be limited to, placement of job announcements in the
16following media instruments:

17(1) General circulation newspapers, general circulation
18publications, and general market radio and television stations,
19including electronic media.

20(2) Local and regional community newspapers.

21(3) Newspapers, publications, and radio and television stations
22that provide information in languages other than English and whose
23primary audience is residents of minority and low-income
24communities.

25(4) Publications, including electronic media, that are distributed
26to the general market and to newspapers, publications, and radio
27and television stations whose primary audience is comprised of
28minority groups or women.

29(5) Recruitment booths at job fairs or conferences oriented to
30both the general market and the economically disadvantaged as
31well as those events drawing a significant participation by
32minorities or women.

33

7401.  

(a) The Governor’s Task Force on Diversity and
34Outreach, in its August 1, 2000, report, concluded that data on
35minority business participation is not currently available, and that
36lack of useful data on minority business participation in state
37contracting is an overarching issue to be addressed.

38(b) In contracting for and procuring goods, services, information
39technology, construction, architecture, and engineering consulting,
40and other consulting services, state and local departments and
P4    1agencies are authorized to engage in focused outreach activities
2in addition to general outreach, for purposes of increasing
3participation by California’s small business sector and increasing
4 diversity in the state’s contracting and procurement activities.

5(c) Outreach activities may include, but are not limited to, the
6following:

7(1) Invitations to bid distributed by state and local departments
8and agencies to state and local small business and trade associations
9and chambers of commerce, including ethnic chambers of
10commerce, and other business and professional associations,
11including professional minority, women, and disabled
12veteran-owned business and professional groups and associations,
13as appropriate.

14(2) Publication of advertising concerning state and local
15contracting and procurement opportunities in trade papers and
16other publications focusing on small business enterprises, including
17publications and newspapers in languages other than English and
18those whose primary readership is minority, women, or disabled
19veteran-owned businesses.

20(3) Outreach by small business advocates in each state or local
21government department or agency to state and local small business
22and trade associations and chambers of commerce, including ethnic
23chambers of commerce, and other business and professional
24associations, including professional minority, women, and disabled
25veteran-owned business and professional groups and associations,
26as appropriate.

27

SEC. 3.  

Chapter 18.1 (commencing with Section 7405) is added
28to Division 7 of Title 1 of the Government Code, to read:

29 

30Chapter  18.1. Electronic and Information Technology
31

 

32

7405.  

The Legislature finds and declares that the ability to
33utilize electronic or information technology is often an essential
34function for successful employment in the current work world.

35(a) In order to improve accessibility of existing technology, and
36therefore increase the successful employment of individuals with
37disabilities, particularly blind and visually impaired and deaf and
38hard-of-hearing persons, state governmental entities, in developing,
39procuring, maintaining, or using electronic or information
40technology, either indirectly or through the use of state funds by
P5    1other entities, shall comply with the accessibility requirements of
2Section 508 of the federal Rehabilitation Act of 1973, as amended
3 (29 U.S.C. Sec. 794d), and regulations implementing that act as
4set forth in Part 1194 of Title 36 of the Federal Code of
5Regulations.

6(b) Any entity that contracts with a state or local entity subject
7to Section 11135 for the provision of electronic or information
8technology or for the provision of related services shall agree to
9respond to, and resolve any complaint regarding accessibility of,
10its products or services that is brought to the attention of the entity.

11

SEC. 4.  

Section 11135 of the Government Code is amended
12to read:

13

11135.  

(a) No person in the State of California shall, on the
14basis ofbegin delete race, national origin, ethnic group identification, religion,
15age, sex, sexual orientation, color, genetic information, or
16disability,end delete
begin insert sex, race, color, religion, ancestry, national origin, age,
17disability, medical condition, genetic information, marital status,
18or sexual orientation,end insert
be unlawfully denied full and equal access
19to the benefits of, or be unlawfully subjected to discrimination
20under, any program or activity that is conducted, operated, or
21administered by the state or by any state agency, is funded directly
22by the state, or receives any financial assistance from the state.
23Notwithstanding Section 11000, this section applies to the
24California State University.

25(b) With respect to discrimination on the basis of disability,
26programs and activities subject to subdivision (a) shall meet the
27protections and prohibitions contained in Section 202 of the federal
28Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132),
29and the federal rules and regulations adopted in implementation
30thereof, except that if the laws of this state prescribe stronger
31protections and prohibitions, the programs and activities subject
32to subdivision (a) shall be subject to the stronger protections and
33prohibitions.

begin delete

34(c) (1) As used in this section, “disability” means any mental
35or physical disability, as defined in Section 12926.

36(2) The Legislature finds and declares that the amendments
37made to this act are declarative of existing law. The Legislature
38further finds and declares that in enacting Senate Bill 105 of the
392001-02 Regular Session (Chapter 1102 of the Statutes of 2002),
40it was the intention of the Legislature to apply subdivision (d) to
P6    1the California State University in the same manner that
2subdivisions (a), (b), and (c) already applied to the California State
3University, notwithstanding Section 11000. In clarifying that the
4California State University is subject to paragraph (2) of
5subdivision (d), it is not the intention of the Legislature to increase
6the cost of developing or procuring electronic and information
7technology. The California State University shall, however, in
8determining the cost of developing or procuring electronic or
9information technology, consider whether technology that meets
10the standards applicable pursuant to paragraph (2) of subdivision
11(d) will reduce the long-term cost incurred by the California State
12University in providing access or accommodations to future users
13of this technology who are persons with disabilities, as required
14by existing law, including this section, Title II of the federal
15Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101
16and following), and Section 504 of the Rehabilitation Act of 1973
17(29 U.S.C. Sec. 794).

18(d) (1) The Legislature finds and declares that the ability to
19utilize electronic or information technology is often an essential
20function for successful employment in the current work world.

21(2) In order to improve accessibility of existing technology, and
22therefore increase the successful employment of individuals with
23disabilities, particularly blind and visually impaired and deaf and
24hard-of-hearing persons, state governmental entities, in developing,
25procuring, maintaining, or using electronic or information
26technology, either indirectly or through the use of state funds by
27other entities, shall comply with the accessibility requirements of
28Section 508 of the federal Rehabilitation Act of 1973, as amended
29(29 U.S.C. Sec. 794d), and regulations implementing that act as
30set forth in Part 1194 of Title 36 of the Federal Code of
31Regulations.

32(3) Any entity that contracts with a state or local entity subject
33to this section for the provision of electronic or information
34technology or for the provision of related services shall agree to
35respond to, and resolve any complaint regarding accessibility of
36its products or services that is brought to the attention of the entity.

37(e) As used in this section, “sex” and “sexual orientation” have
38the same meanings as those terms are defined in subdivisions (q)
39and (r) of Section 12926.

end delete
begin delete

P7    1(f) As used in this section, “race, national origin, ethnic group
2identification, religion, age, sex, sexual orientation, color, or
3disability” includes

end delete
begin insert

4(c) The protected bases referenced in this section have the same
5meanings as those terms are defined in Section 12926.

end insert

6begin insert(d)end insertbegin insertend insertbegin insert The protected bases used in this section includeend insert a perception
7that a person has any of those characteristics or that the person is
8associated with a person who has, or is perceived to have, any of
9those characteristics.

begin delete

10(g) As used in this section, “genetic information” has the same
11definition as in paragraph (2) of subdivision (e) of Section 51 of
12the Civil Code.

end delete
13

SEC. 5.  

Section 11136 of the Government Code is amended
14to read:

15

11136.  

Whenever a state agency that administers a program
16or activity that is funded directly by the state or receives any
17financial assistance from the state, has reasonable cause to believe
18that a contractor, grantee, or local agency has violated the
19provisions of Section 11135,begin insert Part 2.8 (commencing with Section
2012900) of this code, Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the
21Civil Code,end insert
or any regulation adopted to implementbegin delete such section,end delete
22begin insert these sections, Article 1 (commencing with Section 12960) of
23Chapter 7 of this code.end insert
the head of the statebegin delete agencyend deletebegin insert agency, or his
24or her designee,end insert
shall notify the contractor, grantee, or local agency
25of such violation and begin delete shall, after considering all relevant evidence,
26determine whether there is probable cause to believe that a violation
27of the provisions of Section 11135, or any regulation adopted to
28implement such section, has occurred. In the event that it is
29 determined that there is probable cause to believe that the
30provisions of Section 11135, or any regulation adopted to
31implement such section, have been violated, the head of the state
32agency shall cause to be instituted a hearing conducted pursuant
33to the provisions of Chapter 5 (commencing with Section 11500)
34of this part to determine whether a violation has occurred.end delete
begin insert shall
35submit a complaint detailing the alleged violations to the
36Department of Fair Employment and Housing for investigation
37and determination pursuant to Article 1 (commencing with Section
3812460) of Chapter 7 of this code.end insert

39

SEC. 6.  

Section 11137 of the Government Code is amended
40to read:

P8    1

11137.  

If it is determined that a contractor, grantee, or local
2agency has violated the provisions of this article,begin insert pursuant to the
3process described in Section 11136,end insert
the state agency that
4administers the program or activity involved shall take action to
5curtail state funding in whole or in part to such contractor, grantee,
6or local agency.

7

SEC. 7.  

Section 11138 of the Government Code is repealed.

begin delete
8

11138.  

Each state agency that administers a program or activity
9that is funded directly by the state or receives any financial
10assistance from the state and that enters into contracts for the
11performance of services to be provided to the public in an aggregate
12amount in excess of one hundred thousand dollars ($100,000) per
13year shall, in accordance with the provisions of Chapter 4.5
14(commencing with Section 11371) of this part, adopt such rules
15and regulations as are necessary to carry out the purpose and
16provisions of this article.

end delete
17

SEC. 8.  

Section 11139 of the Government Code is amended
18to read:

19

11139.  

The prohibitions and sanctions imposed by this article
20are in addition to any other prohibitions and sanctions imposed by
21law.

22This article shall not be interpreted in a manner that would
23frustrate its purpose.

24This article shall not be interpreted in a manner that would
25begin delete adversely affectend deletebegin insert undermineend insert lawful programs which benefitbegin delete the
26disabled, the aged, minorities, and women.end delete
begin insert members of the
27protected bases described in Section 11135.end insert

28This article and regulations adopted pursuant to this article may
29be enforced by a civil action for equitable relief, which shall be
30independent of any other rights and remedies.

31

SEC. 9.  

Section 11139.3 of the Government Code is repealed.

begin delete
32

11139.3.  

(a) It is the policy of this state and the purpose of
33this section to facilitate and support the development and operation
34of housing for homeless youth.

35(b) The provision of housing for homeless youth is hereby
36authorized and shall not be considered unlawful age discrimination,
37notwithstanding any other provision of law, including, but not
38limited to, Sections 51, 51.2, and 51.10 of the Civil Code, Sections
3911135, 12920, and 12955 of this code, Chapter 11.5 (commencing
P9    1 with Section 50800) of Part 2 of Division 31 of the Health and
2Safety Code, and local housing or age discrimination ordinances.

3(c) This section shall not be construed to permit discrimination
4against families with children.

5(d) This section shall occupy the field of regulation of housing
6for homeless youth by any local public entity, including, but not
7limited to, a city, county, and city and county.

8(e) For purposes of this section, the following definitions shall
9apply:

10(1) “At risk of becoming homeless” means facing eviction or
11termination of one’s current housing situation.

12(2) “Homeless youth” means either of the following:

13(A) A person who is not older than 24 years of age, and meets
14one of the following conditions:

15(i) Is homeless or at risk of becoming homeless.

16(ii) Is no longer eligible for foster care on the basis of age.

17(iii) Has run away from home.

18(B) A person who is less than 18 years of age who is
19emancipated pursuant to Part 6 (commencing with Section 7000)
20of Division 1 of the Family Code and who is homeless or at risk
21of becoming homeless.

22(3) “Housing for homeless youth” means emergency,
23transitional, or permanent housing tied to supportive services that
24assist homeless youth in stabilizing their lives and developing the
25skills and resources they need to make a successful transition to
26independent, self-sufficient adulthood.

end delete
27

SEC. 10.  

Section 11139.5 of the Government Code is repealed.

begin delete
28

11139.5.  

The Secretary of California Health and Human
29Services, with the advice and concurrence of the Fair Employment
30and Housing Council of the Department of Fair Employment and
31Housing, shall establish standards for determining which persons
32are protected by this article and standards for determining what
33practices are discriminatory. The secretary, with the cooperation
34of the Fair Employment and Housing Council of the Department
35of Fair Employment and Housing, shall assist state agencies in
36coordinating their programs and activities and shall consult with
37such agencies, as necessary, so that consistent policies, practices,
38and procedures are adopted with respect to the enforcement of the
39provisions of the article.

end delete
40

SEC. 11.  

Section 11139.6 of the Government Code is repealed.

begin delete
P10   1

11139.6.  

(a) (1) The Legislature finds and declares that
2subdivision (a) of Section 31 of Article I of the California
3Constitution prohibits state and local government agencies from
4discriminating against or granting preferential treatment to any
5individual or group on the basis of race, sex, color, ethnicity, or
6national origin in the operation of public employment, public
7education, and public contracting. The Legislature finds that this
8prohibition does not prevent governmental agencies from engaging
9in inclusive public sector outreach and recruitment programs that,
10as a component of general recruitment, may include, but not be
11limited to, focused outreach and recruitment of minority groups
12and women if any group is underrepresented in entry level positions
13of a public sector employer.

14(2) The Legislature also finds and declares that increasing the
15number of businesses that participate in the bidding process in
16public contracting results in more vigorous competition, and thus
17assists state and local agencies in obtaining the desired quality of
18work at a lower cost.

19(3) It is the intent of this section that all governmental agencies
20shall engage in general recruitment and outreach programs to all
21individuals, including persons who are economically
22disadvantaged.

23(b) For purposes of this section, underrepresentation shall be
24 determined by comparing the minority group or the number of
25women at the governmental agency with that group’s representation
26in the current civilian labor force in the jurisdiction of the
27governmental agency.

28(c) State government employment shall use current state civilian
29labor force data to implement this section.

30(d) It is the intent of this section to allow public sector employers
31to conduct outreach efforts with a goal of supplementing
32word-of-mouth recruitment that should result in increasing diversity
33of the public sector workforce.

34(e) The type of recruitment activities allowed would include,
35but not be limited to, placement of job announcements in the
36following media instruments:

37(1) General circulation newspapers, general circulation
38 publications, and general market radio and television stations,
39including electronic media.

40(2) Local and regional community newspapers.

P11   1(3) Newspapers, publications, and radio and television stations
2that provide information in languages other than English and whose
3primary audience is residents of minority and low-income
4communities.

5(4) Publications, including electronic media, that are distributed
6to the general market and to newspapers, publications, and radio
7and television stations whose primary audience is comprised of
8minority groups or women.

9(5) Recruitment booths at job fairs or conferences oriented to
10both the general market and the economically disadvantaged as
11well as those events drawing a significant participation by
12minorities or women.

end delete
13

SEC. 12.  

Section 11139.7 of the Government Code is repealed.

begin delete
14

11139.7.  

(a) The Governor’s Task Force on Diversity and
15Outreach, in its August 1, 2000, report, concluded that data on
16minority business participation is not currently available, and that
17lack of useful data on minority business participation in state
18contracting is an overarching issue to be addressed.

19(b) In contracting for and procuring goods, services, information
20technology, construction, architecture, and engineering consulting,
21and other consulting services, state and local departments and
22agencies are authorized to engage in focused outreach activities
23in addition to general outreach, for purposes of increasing
24participation by California’s small business sector and increasing
25diversity in the state’s contracting and procurement activities.

26(c) Outreach activities may include, but are not limited to, the
27following:

28(1) Invitations to bid distributed by state and local departments
29and agencies to state and local small business and trade associations
30and chambers of commerce, including ethnic chambers of
31commerce, and other business and professional associations,
32including professional minority, women, and disabled
33veteran-owned business and professional groups and associations,
34as appropriate.

35(2) Publication of advertising concerning state and local
36contracting and procurement opportunities in trade papers and
37other publications focusing on small business enterprises, including
38publications and newspapers in languages other than English and
39those whose primary readership is minority, women, or disabled
40veteran-owned businesses.

P12   1(3) Outreach by small business advocates in each state or local
2government department or agency to state and local small business
3and trade associations and chambers of commerce, including ethnic
4chambers of commerce, and other business and professional
5associations, including professional minority, women, and disabled
6veteran-owned business and professional groups and associations,
7as appropriate.

end delete
8

SEC. 13.  

Section 12930 of the Government Code is amended
9to read:

10

12930.  

The department shall have the following functions,
11powers, and duties:

12(a) To establish and maintain a principal office and any other
13offices within the state as are necessary to carry out the purposes
14of this part.

15(b) To meet and function at any place within the state.

16(c) To appoint attorneys, investigators, conciliators, mediators,
17and other employees as it may deem necessary, fix their
18compensation within the limitations provided by law, and prescribe
19their duties.

20(d) To obtain upon request and utilize the services of all
21governmental departments and agencies and, in addition, with
22respect to housing discrimination, of conciliation councils.

23(e) To adopt, promulgate, amend, and rescind suitable procedural
24rules and regulations to carry out the investigation, prosecution,
25and dispute resolution functions and duties of the department
26pursuant to this part.

27(f) (1) To receive, investigate, conciliate, mediate, and prosecute
28complaints alleging practices made unlawful pursuant to Chapter
296 (commencing with Section 12940).

30(2) To receive, investigate, conciliate, mediate, and prosecute
31complaints alleging a violation of Section 51, 51.5, 51.7, 54, 54.1,
32or 54.2 of the Civil Code. The remedies and procedures of this
33part shall be independent of any other remedy or procedure that
34might apply.

begin insert

35(3) To receive, investigate, conciliate, mediate, and prosecute
36complaints alleging practices made unlawful pursuant to Article
379.5 (commencing with Section 11135) of Chapter 1 of Part 1,
38except for complaints relating to educational equity brought under
39Chapter 2 (commencing with Section 200) of Part 1 of Division 1
40of Title 1 of the Education Code and investigated pursuant to the
P13   1procedures set forth in Subchapter 5.1 of Title 5 of the California
2Code of Regulations, and not otherwise within the jurisdiction of
3the department.

end insert
begin insert

4(A) Nothing in this part prevents the director or his or her
5authorized representative, in his or her discretion, from making,
6signing, and filing a complaint pursuant to Section 12960 or 12961
7alleging practices made unlawful under Section 11135.

end insert
begin insert

8(B) Remedies available to the department in conciliating,
9mediating, and prosecuting complaints alleging these practices
10are the same as those available to the department in conciliating,
11mediating, and prosecuting complaints alleging violations of
12Article 1 (commencing with Section 12940) of Chapter 6.

end insert

13(g) In connection with any matter under investigation or in
14question before the department pursuant to a complaint filed under
15Section 12960, 12961, or 12980:

16(1) To issue subpoenas to require the attendance and testimony
17of witnesses and the production of books, records, documents, and
18physical materials.

19(2) To administer oaths, examine witnesses under oath and take
20evidence, and take depositions and affidavits.

21(3) To issue written interrogatories.

22(4) To request the production for inspection and copying of
23books, records, documents, and physical materials.

24(5) To petition the superior courts to compel the appearance
25and testimony of witnesses, the production of books, records,
26documents, and physical materials, and the answering of
27interrogatories.

28(h) To bring civil actions pursuant to Section 12965 or 12981
29and to prosecute those civil actions before state and federal trial
30courts.

31(i) To issue those publications and those results of investigations
32and research as in its judgment will tend to promote good will and
33minimize or eliminate discrimination in employment on the bases
34enumerated in this part and discrimination in housing because of
35race, religious creed, color, sex, gender, gender identity, gender
36expression, marital status, national origin, ancestry, familial status,
37disability, genetic information, or sexual orientation.

38(j) To investigate, approve, certify, decertify, monitor, and
39enforce nondiscrimination programs proposed by a contractor to
40be engaged in pursuant to Section 12990.

P14   1(k) To render annually to the Governor and to the Legislature
2a written report of its activities and of its recommendations.

3(l) To conduct mediations at any time after a complaint is filed
4pursuant to Section 12960, 12961, or 12980. The department may
5end mediation at any time.

6(m) The following shall apply with respect to any accusation
7pending before the former Fair Employment and Housing
8Commission on or after January 1, 2013:

9(1) If an accusation issued under former Section 12965 includes
10a prayer either for damages for emotional injuries as a component
11of actual damages, or for administrative fines, or both, or if an
12accusation is amended for the purpose of adding a prayer either
13for damages for emotional injuries as a component of actual
14damages, or for administrative fines, or both, with the consent of
15the party accused of engaging in unlawful practices, the department
16may withdraw an accusation and bring a civil action in superior
17court.

18(2) If an accusation was issued under former Section 12981,
19with the consent of the aggrieved party filing the complaint an
20aggrieved person on whose behalf a complaint is filed, or the party
21accused of engaging in unlawful practices, the department may
22withdraw the accusation and bring a civil action in superior court.

23(3) Where removal to court is not feasible, the department shall
24retain the services of the Office of Administrative Hearings to
25adjudicate the administrative action pursuant to Sections 11370.3
26and 11502.

27(n) On any Section 1094.5 Code of Civil Procedure challenge
28to a decision of the former Fair Employment and Housing
29Commission pending on or after January 1, 2013, the director or
30his or her designee shall consult with the Attorney General
31regarding the defense of that writ petition.

32

SEC. 14.  

Section 12935 of the Government Code is amended
33to read:

34

12935.  

The council shall have the following functions, powers,
35and duties:

36(a) To adopt, promulgate, amend, and rescind suitable rules,
37regulations, and standards that do either of the following:

38(1) Interpret, implement, and apply all provisions of thisbegin delete part.end delete
39begin insert part, Article 9.5 (commencing with Section 11135) of Chapter 1
P15   1of Part 1 of this code, and Sections 51, 51.5, 51.7, 54, 54.1, and
254.2 of the Civil Code. end insert

3(2) Carry out all other functions and duties of the council
4 pursuant to this part.

begin delete

5(3)

end delete

6begin insert(b)end insert To meet at any place within the state and function in any
7office of the department.

begin delete

8(b)

end delete

9begin insert(c)end insert To create or provide technical assistance to any advisory
10agencies and conciliation councils, local or otherwise, as in its
11judgment will aid in effectuating the purposes of this part, and to
12empower them to study the problems of discrimination in all or
13specific fields of human relationships or in particular instances of
14employment discrimination on the bases enumerated in this part
15or in specific instances of housing discrimination on the bases
16enumerated in this part and to foster, through community effort or
17otherwise, good will, cooperation, and conciliation among the
18groups and elements of the population of the state and to make
19recommendations to the Fair Employment and Housing Council
20for the development of policies and procedures in general except
21for procedural rules and regulations that carry out the investigation,
22prosecution, and dispute resolution functions and duties of the
23department. These advisory agencies and conciliation councils
24shall be composed of representative citizens, serving without pay.

begin delete

25(c)

end delete

26begin insert(d)end insert To hold hearings, issue publications, results of inquiries and
27research, and reports to the Governor and the Legislature that, in
28its judgment, will tend to aid in the effectuating the purpose of this
29part, promote good will, cooperation and conciliation, and
30minimize or eliminate unlawful discrimination, or advance civil
31rights in the State of California.

32

SEC. 15.  

Section 12957 is added to the Government Code, to
33read:

34

12957.  

(a) It is the policy of this state and the purpose of this
35section to facilitate and support the development and operation of
36housing for homeless youth.

37(b) The provision of housing for homeless youth is hereby
38authorized and shall not be considered unlawful age discrimination,
39notwithstanding any other provision of law, including, but not
40limited to, Sections 51, 51.2, and 51.10 of the Civil Code, Sections
P16   111135, 12920, and 12955 of this code, Chapter 11.5 (commencing
2with Section 50800) of Part 2 of Division 31 of the Health and
3Safety Code, and local housing or age discrimination ordinances.

4(c) This section shall not be construed to permit discrimination
5against families with children.

6(d) This section shall occupy the field of regulation of housing
7for homeless youth by any local public entity, including, but not
8limited to, a city, county, and city and county.

9(e) For purposes of this section, the following definitions shall
10apply:

11(1) “At risk of becoming homeless” means facing eviction or
12termination of one’s current housing situation.

13(2) “Homeless youth” means either of the following:

14(A) A person who is not older than 24 years of age, and meets
15one of the following conditions:

16(i) Is homeless or at risk of becoming homeless.

17(ii) Is no longer eligible for foster care on the basis of age.

18(iii) Has run away from home.

19(B) A person who is younger than 18 years of age, who is
20emancipated pursuant to Part 6 (commencing with Section 7000)
21of Division 11 of the Family Code, and who is homeless or at risk
22of becoming homeless.

23(3) “Housing for homeless youth” means emergency,
24transitional, or permanent housing tied to supportive services that
25assist homeless youth in stabilizing their lives and developing the
26skills and resources they need to make a successful transition to
27independent, self-sufficient adulthood.



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