BILL ANALYSIS                                                                                                                                                                                                    



                                                                    SB 1442  


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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1442  
          (Liu) - As Amended June 29, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill reorganizes, replaces, and relocates various  
          anti-discrimination statutes involving the provision of state  
          services and programs, and moves the authority to promulgate  
          regulations that implement those statutes from various state  








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          agencies to the Department of Fair Employment and Housing  
          (DFEH). Specifically, this bill:


          1)Repeals and reorganizes various anti-discrimination statutes  
            and transfers the authority to promulgate the rules and  
            regulations that implement those statutes from the California  
            Health and Human Services Agency (CHHSA) and other state  
            agencies to the DFEH.


          2)Specifies that, as of January 1, 2017, certain portions of the  
            California Code of Regulations under the authority of the  
            CHHSA, must be transferred to the portions of the California  
            Code of Regulations under the jurisdiction of DFEH, and  
            specifies that, upon transfer, those regulations shall be  
            deemed adopted by the Fair Employment and Housing Council  
            (Council) of the DFEH.


          3)Requires the Council, within existing resources, to adopt  
            additional regulations, as necessary, and to amend or repeal,  
            as necessary, the regulations transferred to the DFEH from  
            CHHSA, as specified.


          FISCAL EFFECT:


          Any additional costs to DFEH, for modifying regulations and  
          administering what would likely be a small number of additional  
          claims, would be minor and absorbable, and would be offset to  
          some extent by the efficiencies gained in consolidating the  
          specified responsibilities within DFEH.


          COMMENTS:










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          1)Background. Although the Unruh Civil Rights Act and the Fair  
            Employment and Housing Act (FEHA) are the state's primary  
            statutes prohibiting discrimination on the basis of race,  
            gender, religion, sexual orientation, and other protected  
            characteristics, many other statutes prohibit other forms of  
            discrimination in programs administered by other state  
            agencies.  Most notably, for purposes of this bill, Government  
            Code Section 11135 provides that no person shall be denied  
            equal access to the benefits of, or subjected to  
            discrimination by, any program administered or funded by the  
            state, on the basis of sex, race, religion, sexual orientation  
            or any other protected characteristic. 


            While the Unruh Act prohibits discrimination in business  
            establishments and FEHA prohibits discrimination in employment  
            and housing, Section 11135 prohibits discrimination related to  
            government programs and benefits. A subsequent provision of  
            the Government Code requires each state agency that  
            administers a state-funded program to develop rules and  
            regulations consistent with the purpose of Section 11335.   
            Another provision requires the CHSSA, in concurrence with the  
            DFEH, to develop standards for determining which persons are  
            protected by Section 11135 and which practices constitute  
            discrimination. 


          2)Purpose. According to the sponsor (DFEH), the existing  
            framework has created a patchwork of overlapping and redundant  
            administrative rules and regulations spread across different  
            codes.  This bill seeks to maintain the substance of these  
            rules and regulations while reorganizing various  
            anti-discrimination provisions and consolidating rule-making,  
            investigation, and enforcement within DFEH.  Because DFEH is  
            "the state entity with the most expertise in enforcing  
            anti-discrimination laws," the author believes that it is also  
            "the most logical choice to administer Section 11135."  










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          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081