BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                UNFINISHED BUSINESS 


          Bill No:  SB 1442
          Author:   Liu (D) 
          Amended:  8/8/16  
          Vote:     21 

           SENATE GOVERNMENTAL ORG. COMMITTEE:  12-0, 4/12/16
           AYES:  Hall, Berryhill, Block, Gaines, Galgiani, Glazer,  
            Hernandez, Hill, Hueso, Lara, McGuire, Vidak
           NO VOTE RECORDED:  Runner

           SENATE JUDICIARY COMMITTEE:  7-0, 4/19/16
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           SENATE FLOOR:  39-0, 5/26/16
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,  
            Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,  
            Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone,  
            Vidak, Wieckowski, Wolk
           NO VOTE RECORDED:  Runner

           ASSEMBLY FLOOR:  79-0, 8/18/16 - See last page for vote

           SUBJECT:   Discrimination:  regulations and enforcement


          SOURCE:    California Department of Fair Employment and Housing


          DIGEST:  This bill reorganizes and consolidates various statutes  
          regarding discrimination.  In addition, this bill removes the  








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          authority of various state agencies to promulgate regulations to  
          prohibit discrimination and requires investigation and  
          enforcement of antidiscrimination provisions to be performed by  
          the Department of Fair Employment and Housing (DFEH).




          Assembly Amendments (1) require that specified regulations  
          implementing provisions in this bill be transferred to the  
          portion of the California Code of Regulations that is under the  
          authority of DFEH and authorize DFEH to add to, amend, or repeal  
          the regulations as necessary; and (2) specify that additional  
          changes to Section of 12930 of the Government Code, proposed by  
          AB 2707 (Ridley-Thomas, 2016),  will be operative only if AB  
          2707 and this bill are both chaptered and become effective, and  
          this bill is chaptered last. 


          ANALYSIS:
          
          Existing law:
          
          1)Prohibits discrimination in employment, housing, and  
            eligibility for government programs and benefits based upon  
            specified personal characteristics.

          2)Specifies that the DFEH within the Business, Consumer  
            Services, and Housing Agency, is charged with enforcement of  
            civil rights violations, including discrimination. 

          3)Authorizes the DFEH, 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.

          4)Specifies that it is the policy of the state to facilitate and  
            support the development and operation of housing for homeless  
            youth.









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          This bill:

          1)Reorganizes and consolidates various statutes regarding  
            discrimination.

          2)Removes the authority of various state agencies to promulgate  
            regulations to prohibit discrimination and requires the  
            investigation and enforcement of antidiscrimination provisions  
            to be performed by the DFEH.

          3)Reorganizes the regulation of housing for homeless youth under  
            the Fair Employment and Housing Act. 

          4)Requires certain portions of the California Code of  
            Regulations under the authority of the California Health and  
            Human Services Agency shall 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 of the DFEH and authorizes DFEH to adopt, amend, or  
            repeal those regulations as necessary.

          5)Specifies that additional changes to Section of 12930 of the  
            Government Code, proposed by AB 2707, will be operative only  
            if AB 2707 and this bill are both chaptered and become  
            effective, and this bill is chaptered last.

          Background

          Purpose of the bill.  According to the author, "various  
          Government Code sections prohibit discrimination in state-funded  
          programs, however many of the forms of discrimination prohibited  
          by those code sections are also prohibited in various other  
          existing statutes.  One of these sections, Government Code  
          Section 11135, requires the Secretary of the Health and Human  
          Services Agency to administer parts of the anti-discrimination  
          provisions and requires nearly every state department to adopt  
          its own regulations."

          The author argues that, "the state entity with expertise in  
          enforcing anti-discrimination laws is the DFEH, which makes it  
          the most logical choice to administer Section 11135."  








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          California Department of Fair Employment and Housing.  The DFEH  
          is the largest state civil rights agency in the country.  Its  
          mission is to protect Californians from employment, housing and  
          public accommodation discrimination, and hate violence.  

          The DFEH's statutory mandate is to protect the people of  
          California from employment, housing and public accommodation  
          discrimination and hate violence pursuant to the California Fair  
          Employment and Housing Act, Unruh Civil Rights Act, Disabled  
          Persons Act, and Ralph Civil Rights Act.  The DFEH has  
          jurisdiction over both private and public entities operating  
          within the State of California, including corporate entities,  
          private sector contracts granted by the State of California, and  
          all state departments and local governments. 

          The DFEH receives and investigates discrimination complaints in  
          its five district offices throughout California.  The district  
          offices handle employment, housing, public accommodations, and  
          hate violence cases, along with a special investigations unit  
          which focuses on systemic discrimination cases statewide. 

          Related/Prior Legislation
          
          AB 2707 (Ridley-Thomas, 2016) prohibits "consumer racial  
          profiling," as defined.  (Pending on the Assembly Floor) 

          SB 703 (Leno, Chapter 578, Statutes of 2015) added a new section  
          of law to the Public Contract Code that prohibits a state agency  
          from entering into contracts for the acquisition of goods or  
          services of $100,000 or more with a contractor that  
          discriminates between employees on the basis of gender identity  
          in the provision of benefits. 

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Assembly Appropriations Committee, 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  








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          some extent by the efficiencies gained in consolidating the  
          specified responsibilities within DFEH. 


          SUPPORT:   (Verified8/18/16)


          California Department of Fair Employment and Housing (source)
          California Health and Human Services Agency
          Legal Aid Society - Employment Law Center


          OPPOSITION:   (Verified8/18/16)


          None received


          ARGUMENTS IN SUPPORT:      According to the DFEH, "the DFEH is  
          the state agency responsible for enforcing California's civil  
          rights laws.  However, Government Code Section 11135 requires  
          the Secretary of the Health and Human Services Agency to  
          administer certain anti-discrimination provisions and requires  
          nearly each state department to adopt its own regulations  
          implementing Section 11135.  This structure is inefficient  
          because the Health and Human Services Agency is not otherwise  
          charged with civil rights enforcement and because departments  
          are required to create duplicative regulatory schemes to  
          interpret their Section 11135 obligations.  Senate Bill 1442  
          creates a logical and efficient mechanism for implementing the  
          laws prohibiting discrimination in state-funded programs by  
          giving the DFEH authority to investigate, mediate and prosecute  
          Section 11135 complaints in the same manner it handles other  
          discrimination claims."

          ASSEMBLY FLOOR:  79-0, 8/18/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,  








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            Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine,  
            Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty,  
            Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell,  
            Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas,  
            Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,  
            Waldron, Weber, Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Roger Hernández


          Prepared by:Felipe Lopez / G.O. / (916) 651-1530
          8/19/16 19:37:15


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