BILL NUMBER: SB 1442 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 26, 2016
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 amended, 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:
SECTION 1. Section 261 of the Education Code is repealed.
SEC. 2. Chapter 18 (commencing with Section 7400) is added to
Division 7 of Title 1 of the Government Code, to read:
CHAPTER 18. BIDDING AND OUTREACH PROGRAMS
7400. (a) (1) The Legislature finds and declares that subdivision
(a) of Section 31 of Article I of the California Constitution
prohibits state and local government agencies from discriminating
against or granting preferential treatment to any individual or group
on the basis of race, sex, color, ethnicity, or national origin in
the operation of public employment, public education, and public
contracting. The Legislature finds that this prohibition does not
prevent governmental agencies from engaging in inclusive public
sector outreach and recruitment programs that, as a component of
general recruitment, may include, but not be limited to, focused
outreach and recruitment of minority groups and women if any group is
underrepresented in entry level positions of a public sector
employer.
(2) The Legislature also finds and declares that increasing the
number of businesses that participate in the bidding process in
public contracting results in more vigorous competition, and thus
assists state and local agencies in obtaining the desired quality of
work at a lower cost.
(3) It is the intent of this section that all governmental
agencies shall engage in general recruitment and outreach programs to
all individuals, including persons who are economically
disadvantaged.
(b) For purposes of this section, underrepresentation shall be
determined by comparing the minority group or the number of women at
the governmental agency with that group's representation in the
current civilian labor force in the jurisdiction of the governmental
agency.
(c) State government employment shall use current state civilian
labor force data to implement this section.
(d) It is the intent of this section to allow public sector
employers to conduct outreach efforts with a goal of supplementing
word-of-mouth recruitment that should result in increasing diversity
of the public sector workforce.
(e) The type of recruitment activities allowed would include, but
not be limited to, placement of job announcements in the following
media instruments:
(1) General circulation newspapers, general circulation
publications, and general market radio and television stations,
including electronic media.
(2) Local and regional community newspapers.
(3) Newspapers, publications, and radio and television stations
that provide information in languages other than English and whose
primary audience is residents of minority and low-income communities.
(4) Publications, including electronic media, that are distributed
to the general market and to newspapers, publications, and radio and
television stations whose primary audience is comprised of minority
groups or women.
(5) Recruitment booths at job fairs or conferences oriented to
both the general market and the economically disadvantaged as well as
those events drawing a significant participation by minorities or
women.
7401. (a) The Governor's Task Force on Diversity and Outreach, in
its August 1, 2000, report, concluded that data on minority business
participation is not currently available, and that lack of useful
data on minority business participation in state contracting is an
overarching issue to be addressed.
(b) In contracting for and procuring goods, services, information
technology, construction, architecture, and engineering consulting,
and other consulting services, state and local departments and
agencies are authorized to engage in focused outreach activities in
addition to general outreach, for purposes of increasing
participation by California's small business sector and increasing
diversity in the state's contracting and procurement activities.
(c) Outreach activities may include, but are not limited to, the
following:
(1) Invitations to bid distributed by state and local departments
and agencies to state and local small business and trade associations
and chambers of commerce, including ethnic chambers of commerce, and
other business and professional associations, including professional
minority, women, and disabled veteran-owned business
businesses and professional groups and
associations, as appropriate.
(2) Publication of advertising concerning state and local
contracting and procurement opportunities in trade papers and other
publications focusing on small business enterprises, including
publications and newspapers in languages other than English and those
whose primary readership is minority, women, or disabled
veteran-owned businesses.
(3) Outreach by small business advocates in each state or local
government department or agency to state and local small business and
trade associations and chambers of commerce, including ethnic
chambers of commerce, and other business and professional
associations, including professional minority, women, and disabled
veteran-owned business businesses and
professional groups and associations, as appropriate.
SEC. 3. Chapter 18.1 (commencing with Section 7405) is added to
Division 7 of Title 1 of the Government Code, to read:
CHAPTER 18.1. ELECTRONIC AND INFORMATION TECHNOLOGY
7405. The Legislature finds and declares that the ability to
utilize electronic or information technology is often an essential
function for successful employment in the current work world.
(a) In order to improve accessibility of existing technology, and
therefore increase the successful employment of individuals with
disabilities, particularly blind and visually impaired and deaf and
hard-of-hearing persons, state governmental entities, in developing,
procuring, maintaining, or using electronic or information
technology, either indirectly or through the use of state funds by
other entities, shall comply with the accessibility requirements of
Section 508 of the federal Rehabilitation Act of 1973, as amended (29
U.S.C. Sec. 794d), and regulations implementing that act as set
forth in Part 1194 of Title 36 of the Federal Code of Regulations.
(b) Any entity that contracts with a state or local entity subject
to Section 11135 for the provision of electronic or information
technology or for the provision of related services shall agree to
respond to, and resolve any complaint regarding accessibility of, its
products or services that is brought to the attention of the entity.
SEC. 4. Section 11135 of the Government Code is amended to read:
11135. (a) No person in the State of California shall, on the
basis of sex, race, color, religion, ancestry, national origin, age,
disability, mental disability, physical
disability, medical condition, genetic information, marital
status, or sexual orientation, be unlawfully denied full and equal
access to the benefits of, or be unlawfully subjected to
discrimination under, any program or activity that is conducted,
operated, or administered by the state or by any state agency, is
funded directly by the state, or receives any financial assistance
from the state. Notwithstanding Section 11000, this section applies
to the California State University.
(b) With respect to discrimination on the basis of disability,
programs and activities subject to subdivision (a) shall meet the
protections and prohibitions contained in Section 202 of the federal
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and
the federal rules and regulations adopted in implementation thereof,
except that if the laws of this state prescribe stronger protections
and prohibitions, the programs and activities subject to subdivision
(a) shall be subject to the stronger protections and prohibitions.
(c) The protected bases referenced in this section have the same
meanings as those terms are defined in Section 12926.
(d) The protected bases used in this section include a perception
that a person has any of those characteristics or that the person is
associated with a person who has, or is perceived to have, any of
those characteristics.
SEC. 5. Section 11136 of the Government Code is amended to read:
11136. Whenever a state agency that administers a program or
activity that is funded directly by the state or receives any
financial assistance from the state, state
has reasonable cause to believe that a contractor, grantee, or
local agency has violated the provisions of Section 11135, Part 2.8
(commencing with Section 12900) of this code, Section 51, 51.5, 51.7,
54, 54.1, or 54.2 of the Civil Code, or any regulation adopted to
implement these sections, sections or
Article 1 (commencing with Section 12960) of Chapter 7 of this
code. code, the head of the state
agency, or his or her designee, shall notify the contractor, grantee,
or local agency of such violation and shall submit a complaint
detailing the alleged violations to the Department of Fair Employment
and Housing for investigation and determination pursuant to Article
1 (commencing with Section 12460) 12960)
of Chapter 7 of this code.
SEC. 6. Section 11137 of the Government Code is amended to read:
11137. If it is determined that a contractor, grantee, or local
agency has violated the provisions of this article, pursuant to the
process described in Section 11136, the state agency that administers
the program or activity involved shall take action to curtail state
funding in whole or in part to such contractor, grantee, or local
agency.
SEC. 7. Section 11138 of the Government Code is repealed.
SEC. 8. Section 11139 of the Government Code is amended to read:
11139. The prohibitions and sanctions imposed by this article are
in addition to any other prohibitions and sanctions imposed by law.
This article shall not be interpreted in a manner that would
frustrate its purpose.
This article shall not be interpreted in a manner that would
undermine lawful programs which benefit members of the protected
bases described in Section 11135.
This article and regulations adopted pursuant to this article may
be enforced by a civil action for equitable relief, which shall be
independent of any other rights and remedies.
SEC. 9. Section 11139.3 of the Government Code is repealed.
SEC. 10. Section 11139.5 of the Government Code is repealed.
SEC. 11. Section 11139.6 of the Government Code is repealed.
SEC. 12. Section 11139.7 of the Government Code is repealed.
SEC. 13. Section 12930 of the Government Code is amended to read:
12930. The department shall have the following functions, powers,
and duties:
(a) To establish and maintain a principal office and any other
offices within the state as are necessary to carry out the purposes
of this part.
(b) To meet and function at any place within the state.
(c) To appoint attorneys, investigators, conciliators, mediators,
and other employees as it may deem necessary, fix their compensation
within the limitations provided by law, and prescribe their duties.
(d) To obtain upon request and utilize the services of all
governmental departments and agencies and, in addition, with respect
to housing discrimination, of conciliation councils.
(e) To adopt, promulgate, amend, and rescind suitable procedural
rules and regulations to carry out the investigation, prosecution,
and dispute resolution functions and duties of the department
pursuant to this part.
(f) (1) To receive, investigate, conciliate, mediate, and
prosecute complaints alleging practices made unlawful pursuant to
Chapter 6 (commencing with Section 12940).
(2) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging a violation of Section 51, 51.5, 51.7, 54, 54.1,
or 54.2 of the Civil Code. The remedies and procedures of this part
shall be independent of any other remedy or procedure that might
apply.
(3) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging practices made unlawful pursuant to Article 9.5
(commencing with Section 11135) of Chapter 1 of Part 1, except for
complaints relating to educational equity brought under Chapter 2
(commencing with Section 200) of Part 1 of Division 1 of Title 1 of
the Education Code and investigated pursuant to the procedures set
forth in Subchapter 5.1 of Title 5 of the California Code of
Regulations, and not otherwise within the jurisdiction of the
department.
(A) Nothing in this part prevents the director or his or her
authorized representative, in his or her discretion, from making,
signing, and filing a complaint pursuant to Section 12960 or 12961
alleging practices made unlawful under Section 11135.
(B) Remedies available to the department in conciliating,
mediating, and prosecuting complaints alleging these practices are
the same as those available to the department in conciliating,
mediating, and prosecuting complaints alleging violations of Article
1 (commencing with Section 12940) of Chapter 6.
(g) In connection with any matter under investigation or in
question before the department pursuant to a complaint filed under
Section 12960, 12961, or 12980:
(1) To issue subpoenas to require the attendance and testimony of
witnesses and the production of books, records, documents, and
physical materials.
(2) To administer oaths, examine witnesses under oath and take
evidence, and take depositions and affidavits.
(3) To issue written interrogatories.
(4) To request the production for inspection and copying of books,
records, documents, and physical materials.
(5) To petition the superior courts to compel the appearance and
testimony of witnesses, the production of books, records, documents,
and physical materials, and the answering of interrogatories.
(h) To bring civil actions pursuant to Section 12965 or 12981 and
to prosecute those civil actions before state and federal trial
courts.
(i) To issue those publications and those results of
investigations and research as in its judgment will tend to promote
good will and minimize or eliminate discrimination in employment on
the bases enumerated in this part and discrimination in housing
because of race, religious creed, color, sex, gender, gender
identity, gender expression, marital status, national origin,
ancestry, familial status, disability, genetic information, or sexual
orientation.
(j) To investigate, approve, certify, decertify, monitor, and
enforce nondiscrimination programs proposed by a contractor to be
engaged in pursuant to Section 12990.
(k) To render annually to the Governor and to the Legislature a
written report of its activities and of its recommendations.
(l) To conduct mediations at any time after a complaint is filed
pursuant to Section 12960, 12961, or 12980. The department may end
mediation at any time.
(m) The following shall apply with respect to any accusation
pending before the former Fair Employment and Housing Commission on
or after January 1, 2013:
(1) If an accusation issued under former Section 12965 includes a
prayer either for damages for emotional injuries as a component of
actual damages, or for administrative fines, or both, or if an
accusation is amended for the purpose of adding a prayer either for
damages for emotional injuries as a component of actual damages, or
for administrative fines, or both, with the consent of the party
accused of engaging in unlawful practices, the department may
withdraw an accusation and bring a civil action in superior court.
(2) If an accusation was issued under former Section 12981, with
the consent of the aggrieved party filing the complaint an aggrieved
person on whose behalf a complaint is filed, or the party accused of
engaging in unlawful practices, the department may withdraw the
accusation and bring a civil action in superior court.
(3) Where removal to court is not feasible, the department shall
retain the services of the Office of Administrative Hearings to
adjudicate the administrative action pursuant to Sections 11370.3 and
11502.
(n) On any Section 1094.5 Code of Civil Procedure challenge to a
decision of the former Fair Employment and Housing Commission pending
on or after January 1, 2013, the director or his or her designee
shall consult with the Attorney General regarding the defense of that
writ petition.
SEC. 14. Section 12935 of the Government Code is amended to read:
12935. The council shall have the following functions, powers,
and duties:
(a) To adopt, promulgate, amend, and rescind suitable rules,
regulations, and standards that do either of the following:
(1) Interpret, implement, and apply all provisions of this part,
Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of
this code, and Sections 51, 51.5, 51.7, 54, 54.1, and 54.2 of the
Civil Code.
(2) Carry out all other functions and duties of the council
pursuant to this part.
(b) To meet at any place within the state and function in any
office of the department.
(c) To create or provide technical assistance to any advisory
agencies and conciliation councils, local or otherwise, as in its
judgment will aid in effectuating the purposes of this part, and to
empower them to study the problems of discrimination in all or
specific fields of human relationships or in particular instances of
employment discrimination on the bases enumerated in this part or in
specific instances of housing discrimination on the bases enumerated
in this part and to foster, through community effort or otherwise,
good will, cooperation, and conciliation among the groups and
elements of the population of the state and to make recommendations
to the Fair Employment and Housing Council for the development of
policies and procedures in general except for procedural rules and
regulations that carry out the investigation, prosecution, and
dispute resolution functions and duties of the department. These
advisory agencies and conciliation councils shall be composed of
representative citizens, serving without pay.
(d) To hold hearings, issue publications, results of inquiries and
research, and reports to the Governor and the Legislature that, in
its judgment, will tend to aid in the effectuating
the purpose of this part, promote good will, cooperation and
conciliation, and minimize or eliminate unlawful discrimination, or
advance civil rights in the State of California.
SEC. 15. Section 12957 is added to the Government Code, to read:
12957. (a) It is the policy of this state and the purpose of this
section to facilitate and support the development and operation of
housing for homeless youth.
(b) The provision of housing for homeless youth is hereby
authorized and shall not be considered unlawful age discrimination,
notwithstanding any other provision of law, including, but not
limited to, Sections 51, 51.2, and 51.10 of the Civil Code, Sections
11135, 12920, and 12955 of this code, Chapter 11.5 (commencing with
Section 50800) of Part 2 of Division 31 of the Health and Safety
Code, and local housing or age discrimination ordinances.
(c) This section shall not be construed to permit discrimination
against families with children.
(d) This section shall occupy the field of regulation of housing
for homeless youth by any local public entity, including, but not
limited to, a city, county, and city and county.
(e) For purposes of this section, the following definitions shall
apply:
(1) "At risk of becoming homeless" means facing eviction or
termination of one's current housing situation.
(2) "Homeless youth" means either of the following:
(A) A person who is not older than 24 years of age, and meets one
of the following conditions:
(i) Is homeless or at risk of becoming homeless.
(ii) Is no longer eligible for foster care on the basis of age.
(iii) Has run away from home.
(B) A person who is younger than 18 years of age, who is
emancipated pursuant to Part 6 (commencing with Section 7000) of
Division 11 of the Family Code, and who is homeless or at risk of
becoming homeless.
(3) "Housing for homeless youth" means emergency, transitional, or
permanent housing tied to supportive services that assist homeless
youth in stabilizing their lives and developing the skills and
resources they need to make a successful transition to independent,
self-sufficient adulthood.