Amended in Assembly August 8, 2016

Amended in Assembly June 29, 2016

Amended in Assembly June 21, 2016

Amended in Senate April 26, 2016

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 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 requires 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 requirement that those state agencies promulgate regulations to prohibit discrimination under these provisions and would require the investigation and enforcement of the above-described antidiscrimination provisions to be performed by the department. The bill would require that specified regulations implementing these provisions be transferred to the portion of the California Code of Regulations that is under the authority of the department and would authorize the department to add to, amend, or repeal the regulations, as necessary.

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 California Fair Employment and Housing Act. The bill would also make conforming changes.

begin insert

This bill would incorporate additional changes to Section 12930 of the Government Code, proposed by AB 2707, to be operative only if AB 2707 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.

end insert

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.

2

SEC. 2.  

Chapter 18 (commencing with Section 7400) is added
3to Division 7 of Title 1 of the Government Code, to read:

4 

5Chapter  18. Bidding and Outreach Programs
6

 

7

7400.  

(a) (1) The Legislature finds and declares that
8subdivision (a) of Section 31 of Article I of the California
9Constitution prohibits state and local government agencies from
10discriminating against or granting preferential treatment to any
11individual or group on the basis of race, sex, color, ethnicity, or
12national origin in the operation of public employment, public
13education, and public contracting. The Legislature finds that this
14prohibition does not prevent governmental agencies from engaging
15in inclusive public sector outreach and recruitment programs that,
P3    1as a component of general recruitment, may include, but not be
2limited to, focused outreach and recruitment of minority groups
3and women if any group is underrepresented in entry level positions
4of a public sector employer.

5(2) The Legislature also finds and declares that increasing the
6number of businesses that participate in the bidding process in
7public contracting results in more vigorous competition, and thus
8assists state and local agencies in obtaining the desired quality of
9work at a lower cost.

10(3) It is the intent of this section that all governmental agencies
11shall engage in general recruitment and outreach programs to all
12individuals, including persons who are economically
13disadvantaged.

14(b) For purposes of this section, underrepresentation shall be
15determined by comparing the minority group or the number of
16women at the governmental agency with that group’s representation
17in the current civilian labor force in the jurisdiction of the
18governmental agency.

19(c) State government employment shall use current state civilian
20labor force data to implement this section.

21(d) It is the intent of this section to allow public sector employers
22to conduct outreach efforts with a goal of supplementing
23word-of-mouth recruitment that should result in increasing diversity
24of the public sector workforce.

25(e) The type of recruitment activities allowed would include,
26but not be limited to, placement of job announcements in the
27following media instruments:

28(1) General circulation newspapers, general circulation
29publications, and general market radio and television stations,
30including electronic media.

31(2) Local and regional community newspapers.

32(3) Newspapers, publications, and radio and television stations
33that provide information in languages other than English and whose
34primary audience is residents of minority and low-income
35communities.

36(4) Publications, including electronic media, that are distributed
37to the general market and to newspapers, publications, and radio
38and television stations whose primary audience is comprised of
39minority groups or women.

P4    1(5) Recruitment booths at job fairs or conferences oriented to
2both the general market and the economically disadvantaged as
3well as those events drawing a significant participation by
4minorities or women.

5

7401.  

(a) The Governor’s Task Force on Diversity and
6Outreach, in its August 1, 2000, report, concluded that data on
7minority business participation is not currently available, and that
8lack of useful data on minority business participation in state
9contracting is an overarching issue to be addressed.

10(b) In contracting for and procuring goods, services, information
11technology, construction, architecture, and engineering consulting,
12and other consulting services, state and local departments and
13agencies are authorized to engage in focused outreach activities
14in addition to general outreach, for purposes of increasing
15participation by California’s small business sector and increasing
16 diversity in the state’s contracting and procurement activities.

17(c) Outreach activities may include, but are not limited to, the
18following:

19(1) Invitations to bid distributed by state and local departments
20and agencies to state and local small business and trade associations
21and chambers of commerce, including ethnic chambers of
22commerce, and other business and professional associations,
23including professional minority, women, and disabled
24veteran-owned businesses and professional groups and associations,
25as appropriate.

26(2) Publication of advertising concerning state and local
27contracting and procurement opportunities in trade papers and
28other publications focusing on small business enterprises, including
29publications and newspapers in languages other than English and
30those whose primary readership is minority, women, or disabled
31veteran-owned businesses.

32(3) Outreach by small business advocates in each state or local
33government department or agency to state and local small business
34and trade associations and chambers of commerce, including ethnic
35chambers of commerce, and other business and professional
36associations, including professional minority, women, and disabled
37veteran-owned businesses and professional groups and associations,
38as appropriate.

39

SEC. 3.  

Chapter 18.1 (commencing with Section 7405) is added
40to Division 7 of Title 1 of the Government Code, to read:

 

P5    1Chapter  18.1. Electronic and Information Technology
2

 

3

7405.  

The Legislature finds and declares that the ability to
4utilize electronic or information technology is often an essential
5function for successful employment in the current work world.

6(a) In order to improve accessibility of existing technology, and
7therefore increase the successful employment of individuals with
8disabilities, particularly blind and visually impaired and deaf and
9hard-of-hearing persons, state governmental entities, in developing,
10procuring, maintaining, or using electronic or information
11technology, either indirectly or through the use of state funds by
12other entities, shall comply with the accessibility requirements of
13 Section 508 of the federal Rehabilitation Act of 1973, as amended
14 (29 U.S.C. Sec. 794d), and regulations implementing that act as
15set forth in Part 1194 of Title 36 of the Federal Code of
16Regulations.

17(b) Any entity that contracts with a state or local entity subject
18to Section 11135 for the provision of electronic or information
19technology or for the provision of related services shall agree to
20respond to, and resolve any complaint regarding accessibility of,
21its products or services that is brought to the attention of the entity.

22

SEC. 4.  

Section 11135 of the Government Code is amended
23to read:

24

11135.  

(a) No person in the State of California shall, on the
25basis of sex, race, color, religion, ancestry, national origin,begin insert ethnic
26group identification,end insert
age, mental disability, physical disability,
27medical condition, genetic information, marital status, or sexual
28orientation, be unlawfully denied full and equal access to the
29benefits of, or be unlawfully subjected to discrimination under,
30any program or activity that is conducted, operated, or administered
31by the state or by any state agency, is funded directly by the state,
32or receives any financial assistance from the state. Notwithstanding
33Section 11000, this section applies to the California State
34 University.

35(b) With respect to discrimination on the basis of disability,
36programs and activities subject to subdivision (a) shall meet the
37 protections and prohibitions contained in Section 202 of the federal
38Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132),
39and the federal rules and regulations adopted in implementation
40thereof, except that if the laws of this state prescribe stronger
P6    1protections and prohibitions, the programs and activities subject
2to subdivision (a) shall be subject to the stronger protections and
3prohibitions.

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

6(d) The protected bases used in this section include 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.

10

SEC. 5.  

Section 11136 of the Government Code is amended
11to read:

12

11136.  

Whenever a state agency that administers a program
13or activity that is funded directly by the state or receives any
14financial assistance from the state has reasonable cause to believe
15that a contractor, grantee, or local agency has violated the
16provisions of Section 11135, Part 2.8 (commencing with Section
1712900) of this code, Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of
18the Civil Code, or any regulation adopted to implement these
19sections or Article 1 (commencing with Section 12960) of Chapter
207 of this code, the head of the state agency, or his or her designee,
21shall notify the contractor, grantee, or local agency of such
22violation and shall submit a complaint detailing the alleged
23violations to the Department of Fair Employment and Housing for
24investigation and determination pursuant to Article 1 (commencing
25 with Section 12960) of Chapter 7 of this code.

26

SEC. 6.  

Section 11137 of the Government Code is amended
27to read:

28

11137.  

If it is determined that a contractor, grantee, or local
29agency has violated the provisions of this article, pursuant to the
30process described in Section 11136, the state agency that
31administers the program or activity involved shall take action to
32curtail state funding in whole or in part to such contractor, grantee,
33or local agency.

34

SEC. 7.  

Section 11138 of the Government Code is repealed.

35

SEC. 8.  

Section 11139 of the Government Code is amended
36to read:

37

11139.  

The prohibitions and sanctions imposed by this article
38are in addition to any other prohibitions and sanctions imposed by
39law.

P7    1This article shall not be interpreted in a manner that would
2frustrate its purpose.

3This article shall not be interpreted in a manner that would
4undermine lawful programs which benefit members of the protected
5bases described in Section 11135.

6This article and regulations adopted pursuant to this article may
7be enforced by a civil action for equitable relief, which shall be
8independent of any other rights and remedies.

9

SEC. 9.  

Section 11139.3 of the Government Code is repealed.

10

SEC. 10.  

Section 11139.5 of the Government Code is repealed.

11

SEC. 11.  

Section 11139.6 of the Government Code is repealed.

12

SEC. 12.  

Section 11139.7 of the Government Code is repealed.

begin delete
13

SEC. 13.  

Section 12930 of the Government Code is amended
14to read:

15

12930.  

The department shall have the following functions,
16powers, and duties:

17(a) To establish and maintain a principal office and any other
18offices within the state as are necessary to carry out the purposes
19of this part.

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

21(c) To appoint attorneys, investigators, conciliators, mediators,
22and other employees as it may deem necessary, fix their
23compensation within the limitations provided by law, and prescribe
24their duties.

25(d) To obtain upon request and utilize the services of all
26governmental departments and agencies and, in addition, with
27respect to housing discrimination, of conciliation councils.

28(e) To adopt, promulgate, amend, and rescind suitable procedural
29rules and regulations to carry out the investigation, prosecution,
30and dispute resolution functions and duties of the department
31pursuant to this part.

32(f) (1) To receive, investigate, conciliate, mediate, and prosecute
33complaints alleging practices made unlawful pursuant to Chapter
346 (commencing with Section 12940).

35(2) To receive, investigate, conciliate, mediate, and prosecute
36complaints alleging a violation of Section 51, 51.5, 51.7, 54, 54.1,
37or 54.2 of the Civil Code. The remedies and procedures of this
38part shall be independent of any other remedy or procedure that
39might apply.

P8    1(3) To receive, investigate, conciliate, mediate, and prosecute
2complaints alleging practices made unlawful pursuant to Article
39.5 (commencing with Section 11135) of Chapter 1 of Part 1,
4except for complaints relating to educational equity brought under
5Chapter 2 (commencing with Section 200) of Part 1 of Division 1
6of Title 1 of the Education Code and investigated pursuant to the
7procedures set forth in Subchapter 5.1 of Title 5 of the California
8Code of Regulations, and not otherwise within the jurisdiction of
9the department.

10(A) Nothing in this part prevents the director or his or her
11authorized representative, in his or her discretion, from making,
12signing, and filing a complaint pursuant to Section 12960 or 12961
13alleging practices made unlawful under Section 11135.

14(B) Remedies available to the department in conciliating,
15mediating, and prosecuting complaints alleging these practices are
16the same as those available to the department in conciliating,
17mediating, and prosecuting complaints alleging violations of Article
181 (commencing with Section 12940) of Chapter 6.

19(g) In connection with any matter under investigation or in
20question before the department pursuant to a complaint filed under
21Section 12960, 12961, or 12980:

22(1) To issue subpoenas to require the attendance and testimony
23of witnesses and the production of books, records, documents, and
24physical materials.

25(2) To administer oaths, examine witnesses under oath and take
26evidence, and take depositions and affidavits.

27(3) To issue written interrogatories.

28(4) To request the production for inspection and copying of
29books, records, documents, and physical materials.

30(5) To petition the superior courts to compel the appearance
31and testimony of witnesses, the production of books, records,
32documents, and physical materials, and the answering of
33interrogatories.

34(h) To bring civil actions pursuant to Section 12965 or 12981
35and to prosecute those civil actions before state and federal trial
36courts.

37(i) To issue those publications and those results of investigations
38and research as in its judgment will tend to promote good will and
39minimize or eliminate discrimination in employment on the bases
40enumerated in this part and discrimination in housing because of
P9    1race, religious creed, color, sex, gender, gender identity, gender
2expression, marital status, national origin, ancestry, familial status,
3disability, genetic information, or sexual orientation.

4(j) To investigate, approve, certify, decertify, monitor, and
5enforce nondiscrimination programs proposed by a contractor to
6be engaged in pursuant to Section 12990.

7(k) To render annually to the Governor and to the Legislature
8a written report of its activities and of its recommendations.

9(l) To conduct mediations at any time after a complaint is filed
10pursuant to Section 12960, 12961, or 12980. The department may
11end mediation at any time.

12(m) The following shall apply with respect to any accusation
13pending before the former Fair Employment and Housing
14Commission on or after January 1, 2013:

15(1) If an accusation issued under former Section 12965 includes
16a prayer either for damages for emotional injuries as a component
17of actual damages, or for administrative fines, or both, or if an
18accusation is amended for the purpose of adding a prayer either
19for damages for emotional injuries as a component of actual
20damages, or for administrative fines, or both, with the consent of
21the party accused of engaging in unlawful practices, the department
22may withdraw an accusation and bring a civil action in superior
23court.

24(2) If an accusation was issued under former Section 12981,
25with the consent of the aggrieved party filing the complaint an
26aggrieved person on whose behalf a complaint is filed, or the party
27accused of engaging in unlawful practices, the department may
28withdraw the accusation and bring a civil action in superior court.

29(3) Where removal to court is not feasible, the department shall
30retain the services of the Office of Administrative Hearings to
31 adjudicate the administrative action pursuant to Sections 11370.3
32and 11502.

33(n) On any Section 1094.5 Code of Civil Procedure challenge
34to a decision of the former Fair Employment and Housing
35Commission pending on or after January 1, 2013, the director or
36his or her designee shall consult with the Attorney General
37regarding the defense of that writ petition.

end delete
38begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 12930 of the end insertbegin insertGovernment Codeend insertbegin insert, as amended
39by Chapter 63 of the Statutes of 2016, is amended to read:end insert

P10   1

12930.  

The department shall have the following functions,
2powers, and duties:

3(a) To establish and maintain a principal office and any other
4offices within the state as are necessary to carry out the purposes
5of this part.

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

7(c) To appoint attorneys, investigators, conciliators, mediators,
8and other employees as it may deem necessary, fix their
9compensation within the limitations provided by law, and prescribe
10their duties.

11(d) To obtain upon request and utilize the services of all
12governmental departments and agencies and, in addition, with
13 respect to housing discrimination, of conciliation councils.

14(e) To adopt, promulgate, amend, and rescind suitable procedural
15rules and regulations to carry out the investigation, prosecution,
16and dispute resolution functions and duties of the department
17pursuant to this part.

18(f) (1) To receive, investigate, conciliate, mediate, and prosecute
19complaints alleging practices made unlawful pursuant to Chapter
206 (commencing with Section 12940).

21(2) To receive, investigate, conciliate, mediate, and prosecute
22complaints alleging a violation of Section 51, 51.5, 51.7, 54, 54.1,
23or 54.2 of the Civil Code. The remedies and procedures of this
24part shall be independent of any other remedy or procedure that
25might apply.

26(3) To receive, investigate, conciliate, mediate, and prosecute
27complaints alleging, and to bring civil actions pursuant to Section
2852.5 of the Civil Code for, a violation of Section 236.1 of the Penal
29Code. Damages awarded in any action brought by the department
30pursuant to Section 52.5 of the Civil Code shall be awarded to the
31person harmed by the violation of Section 236.1 of the Penal Code.
32Costs and attorney’s fees awarded in any action brought by the
33department pursuant to Section 52.5 of the Civil Code shall be
34awarded to the department. The remedies and procedures of this
35part shall be independent of any other remedy or procedure that
36might apply.

begin insert

37
(4) To receive, investigate, conciliate, mediate, and prosecute
38complaints alleging practices made unlawful pursuant to Article
399.5 (commencing with Section 11135) of Chapter 1 of Part 1,
40except for complaints relating to educational equity brought under
P11   1Chapter 2 (commencing with Section 200) of Part 1 of Division 1
2of Title 1 of the Education Code and investigated pursuant to the
3procedures set forth in Subchapter 5.1 of Title 5 of the California
4Code of Regulations, and not otherwise within the jurisdiction of
5the department.

end insert
begin insert

6
(A) Nothing in this part prevents the director or his or her
7authorized representative, in his or her discretion, from making,
8signing, and filing a complaint pursuant to Section 12960 or 12961
9alleging practices made unlawful under Section 11135.

end insert
begin insert

10
(B) Remedies available to the department in conciliating,
11mediating, and prosecuting complaints alleging these practices
12are the same as those available to the department in conciliating,
13mediating, and prosecuting complaints alleging violations of
14Article 1 (commencing with Section 12940) of Chapter 6.

end insert

15(g) In connection with any matter under investigation or in
16question before the department pursuant to a complaint filed under
17Section 12960, 12961, or 12980:

18(1) To issue subpoenas to require the attendance and testimony
19of witnesses and the production of books, records, documents, and
20physical materials.

21(2) To administer oaths, examine witnesses under oath and take
22evidence, and take depositions and affidavits.

23(3) To issue written interrogatories.

24(4) To request the production for inspection and copying of
25books, records, documents, and physical materials.

26(5) To petition the superior courts to compel the appearance
27and testimony of witnesses, the production of books, records,
28documents, and physical materials, and the answering of
29interrogatories.

30(h) To bring civil actions pursuant to Section 12965 or 12981
31and to prosecute those civil actions before state and federal trial
32courts.

33(i) To issue those publications and those results of investigations
34and research as in its judgment will tend to promote good will and
35minimize or eliminate discrimination in employment on the bases
36enumerated in this part and discrimination in housing because of
37race, religious creed, color, sex, gender, gender identity, gender
38expression, marital status, national origin, ancestry, familial status,
39 disability, genetic information, or sexual orientation.

P12   1(j) To investigate, approve, certify, decertify, monitor, and
2enforce nondiscrimination programs proposed by a contractor to
3be engaged in pursuant to Section 12990.

4(k) To render annually to the Governor and to the Legislature
5a written report of its activities and of its recommendations.

6(l) To conduct mediations at any time after a complaint is filed
7pursuant to Section 12960, 12961, or 12980. The department may
8end mediation at any time.

9(m) The following shall apply with respect to any accusation
10pending before the former Fair Employment and Housing
11Commission on or after January 1, 2013:

12(1) If an accusation issued under former Section 12965 includes
13a prayer either for damages for emotional injuries as a component
14of actual damages, or for administrative fines, or both, or if an
15accusation is amended for the purpose of adding a prayer either
16for damages for emotional injuries as a component of actual
17damages, or for administrative fines, or both, with the consent of
18the party accused of engaging in unlawful practices, the department
19may withdraw an accusation and bring a civil action in superior
20court.

21(2) If an accusation was issued under former Section 12981,
22with the consent of the aggrieved party filing the complaint an
23aggrieved person on whose behalf a complaint is filed, or the party
24accused of engaging in unlawful practices, the department may
25withdraw the accusation and bring a civil action in superior court.

26(3) Where removal to court is not feasible, the department shall
27retain the services of the Office of Administrative Hearings to
28adjudicate the administrative action pursuant to Sections 11370.3
29and 11502.

30(n) On any Section 1094.5 Code of Civil Procedure challenge
31to a decision of the former Fair Employment and Housing
32Commission pending on or after January 1, 2013, the director or
33his or her designee shall consult with the Attorney General
34regarding the defense of that writ petition.

35begin insert

begin insertSEC. 13.5.end insert  

end insert

begin insertSection 12930 of the end insertbegin insertGovernment Codeend insertbegin insert, as amended
36by Chapter 63 of the Statutes of 2016, is amended to read:end insert

37

12930.  

The department shall have the following functions,
38powers, and duties:

P13   1(a) To establish and maintain a principal office and any other
2offices within the state as are necessary to carry out the purposes
3of this part.

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

5(c) To appoint attorneys, investigators, conciliators, mediators,
6and other employees as it may deem necessary, fix their
7compensation within the limitations provided by law, and prescribe
8their duties.

9(d) To obtain upon request and utilize the services of all
10governmental departments and agencies and, in addition, with
11 respect to housing discrimination, of conciliation councils.

12(e) To adopt, promulgate, amend, and rescind suitable procedural
13rules and regulations to carry out the investigation, prosecution,
14and dispute resolution functions and duties of the department
15pursuant to this part.

16(f) (1) To receive, investigate, conciliate, mediate, and prosecute
17complaints alleging practices made unlawful pursuant to Chapter
186 (commencing with Section 12940).

19(2) To receive, investigate, conciliate, mediate, and prosecute
20complaints alleging a violation of Section 51, 51.5, 51.7,begin insert 51.14,end insert
21 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures
22of this part shall be independent of any other remedy or procedure
23that might apply.

24(3) To receive, investigate, conciliate, mediate, and prosecute
25complaints alleging, and to bring civil actions pursuant to Section
2652.5 of the Civil Code for, a violation of Section 236.1 of the Penal
27Code. Damages awarded in any action brought by the department
28pursuant to Section 52.5 of the Civil Code shall be awarded to the
29person harmed by the violation of Section 236.1 of the Penal Code.
30Costs and attorney’s fees awarded in any action brought by the
31department pursuant to Section 52.5 of the Civil Code shall be
32awarded to the department. The remedies and procedures of this
33part shall be independent of any other remedy or procedure that
34might apply.

begin insert

35
(4) 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
P14   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
35 race, 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.

P15   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
8 Commission 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 this part,
39Article 9.5 (commencing with Section 11135) of Chapter 1 of Part
P16   11 of Division 3 of Title 2 of this code, and Sections 51, 51.5, 51.7,
254, 54.1, and 54.2 of the Civil Code.

3(A) As of January 1, 2017, Chapter 1 (commencing with Section
498000), Chapter 2 (commencing with Section 98100), and Chapter
53 (commencing with Section 98200) of Division 8 of Title 22 of
6the California Code of Regulations shall be transferred from the
7portion of the California Code of Regulations that is under the
8authority of the California Health and Human Services Agency to
9the portion of the California Code of Regulations that is under the
10authority of the department, and upon transfer shall be deemed
11adopted by the council.

12(B) The council shall, within existing resources and pursuant
13to Chapter 3.5 (commencing with Section 11340), adopt additional
14regulations, as necessary, and amend or repeal, as necessary,
15regulations transferred to the department from the California Health
16and Human Services Agency relating to Article 9.5 (commencing
17with Section 11135) of Chapter 1 of Part 1.

18(2) Carry out all other functions and duties of the council
19pursuant to this part.

20(b) To meet at any place within the state and function in any
21office of the department.

22(c) To create or provide technical assistance to any advisory
23agencies and conciliation councils, local or otherwise, as in its
24judgment will aid in effectuating the purposes of this part, and to
25empower them to study the problems of discrimination in all or
26specific fields of human relationships or in particular instances of
27employment discrimination on the bases enumerated in this part
28or in specific instances of housing discrimination on the bases
29enumerated in this part and to foster, through community effort or
30otherwise, good will, cooperation, and conciliation among the
31groups and elements of the population of the state and to make
32recommendations to the Fair Employment and Housing Council
33for the development of policies and procedures in general except
34for procedural rules and regulations that carry out the investigation,
35prosecution, and dispute resolution functions and duties of the
36department. These advisory agencies and conciliation councils
37shall be composed of representative citizens, serving without pay.

38(d) To hold hearings, issue publications, results of inquiries and
39research, and reports to the Governor and the Legislature that, in
40its judgment, will tend to aid in effectuating the purpose of this
P17   1part, promote good will, cooperation and conciliation, and
2minimize or eliminate unlawful discrimination, or advance civil
3rights in the State of California.

4

SEC. 15.  

Section 12957 is added to the Government Code, to
5read:

6

12957.  

(a) It is the policy of this state and the purpose of this
7section to facilitate and support the development and operation of
8housing for homeless youth.

9(b) The provision of housing for homeless youth is hereby
10authorized and shall not be considered unlawful age discrimination,
11notwithstanding any other provision of law, including, but not
12limited to, Sections 51, 51.2, and 51.10 of the Civil Code, Sections
1311135, 12920, and 12955 of this code, Chapter 11.5 (commencing
14with Section 50800) of Part 2 of Division 31 of the Health and
15Safety Code, and local housing or age discrimination ordinances.

16(c) This section shall not be construed to permit discrimination
17against families with children.

18(d) This section shall occupy the field of regulation of housing
19for homeless youth by any local public entity, including, but not
20limited to, a city, county, and city and county.

21(e) For purposes of this section, the following definitions shall
22apply:

23(1) “At risk of becoming homeless” means facing eviction or
24termination of one’s current housing situation.

25(2) “Homeless youth” means either of the following:

26(A) A person who is not older than 24 years of age, and meets
27one of the following conditions:

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

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

30(iii) Has run away from home.

31(B) A person who is younger than 18 years of age, who is
32emancipated pursuant to Part 6 (commencing with Section 7000)
33of Division 11 of the Family Code, and who is homeless or at risk
34of becoming homeless.

35(3) “Housing for homeless youth” means emergency,
36transitional, or permanent housing tied to supportive services that
37assist homeless youth in stabilizing their lives and developing the
38skills and resources they need to make a successful transition to
39independent, self-sufficient adulthood.

P18   1begin insert

begin insertSEC. 16.end insert  

end insert
begin insert

Section 13.5 of this bill incorporates amendments to
2Section 12930 of the Government Code proposed by both this bill
3and AB 2707. It shall only become operative if (1) both bills are
4enacted and become effective on or before January 1, 2017, (2)
5each bill amends Section 12930 of the Government Code, and (3)
6this bill is enacted after AB 2707, in which case Section 13 of this
7bill shall not become operative.

end insert


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