BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 559
                                                                  Page  1

          Date of Hearing:   July 6, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    SB 559 (Padilla) - As Amended:  June 21, 2011 

          Policy Committee:                              JudiciaryVote:7-3

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill prohibits discrimination based on genetic information, 
          as defined.  Specifically, this bill: 

          1)Prohibits discrimination, on the basis of genetic information:

             a)   Under the Unruh Civil Rights Act and the Fair Employment 
               and Housing Act (FEHA).

             b)   In state government programs, benefits and activities, 
               or in programs receiving financial assistance from the 
               state.

          2)Defines genetic information as information about any of the 
            following: (a) an individual's genetic tests; (b) the genetic 
            tests of family members of the individual; and (c) the 
            manifestation of a disease or disorder in family members of 
            the individual. Information about sex or age of an individual 
            is excluded from this definition.

           FISCAL EFFECT  

          1)Potential minor absorbable costs to the Department of Fair 
            Employment and Housing to receive and investigate 
            discrimination claims based on the added characteristic of 
            genetic information.


          2)Minor increase in court costs and caseloads, and in the civil 
            case backlogs, due to additional filings related to a new 
            cause of action, and minor nonreimbursable costs to local 
            governments regarding investigation and prosecution of 








                                                                  SB 559
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            potential violations of certain nondiscrimination statues 
            which carry a misdemeanor penalty. 


           COMMENTS  

           1)Background  . Genetic testing, a sophisticated technique used to 
            test for genetic disorders, can lead to earlier detection of 
            illnesses, sometimes even before symptoms have begun, which 
            allows individuals to take steps to reduce the likelihood that 
            they will contract a particular disease.  While this 
            technology provides new opportunities for medical progress, it 
            may also give rise to the potential for discrimination based 
            on misuse of the genetic information.   

           2)Purpose  . The Fair Employment and Housing Act, the Unruh Civil 
            Rights Act and other statutes prohibit discrimination in 
            employment, housing, public accommodation, government programs 
            and services provided by business establishments on the basis 
            of specified personal characteristics such as sex, race, 
            color, national origin, religion, and disability.  Over time, 
            these statutes have evolved to include other characteristics 
            such as medical condition, marital status and sexual 
            orientation. This bill adds genetic discrimination to the list 
            of the prohibited classifications for discrimination.

            There is no registered opposition to the bill.

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