BILL ANALYSIS Ó SB 1442 Page 1 Date of Hearing: August 3, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 1442 (Liu) - As Amended June 29, 2016 ----------------------------------------------------------------- |Policy |Judiciary |Vote:|10 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 SB 1442 Page 2 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: SB 1442 Page 3 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." SB 1442 Page 4 Analysis Prepared by:Chuck Nicol / APPR. / (916) 319-2081