California 2021-2022 Regular Session

California Assembly Bill AB412 Compare Versions

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1-Enrolled September 07, 2021 Passed IN Senate September 01, 2021 Passed IN Assembly September 02, 2021 Amended IN Senate August 26, 2021 Amended IN Senate June 23, 2021 Amended IN Assembly May 05, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 412Introduced by Assembly Member Reyes(Coauthors: Assembly Members Burke, Chau, Cristina Garcia, Eduardo Garcia, Gipson, Lorena Gonzalez, Maienschein, Medina, Petrie-Norris, Robert Rivas, Rodriguez, Stone, Weber, and Wicks)(Coauthors: Senators Hueso, Min, and Umberg)February 03, 2021 An act to add and repeal Chapter 2.1 (commencing with Section 8110) of Division 1 of Title 2 of the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGESTAB 412, Reyes. California Commission on Human Rights.The California Constitution prohibits the state, including any political subdivision or government instrumentality of or within the state, from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.Existing law establishes in state government various commissions and committees, including, among others, the California Commission on Disability Access, the Healthy California for All Commission, the Commission on the Status of Women and Girls, and the Committee on Revision of the Penal Code to study and recommend reforms on certain topics, including issues related to equality and justice.This bill would establish in state government the California Commission on Human Rights, as an advisory commission, and would require it to, among other things, identify and evaluate Californias successes and failures in protecting human rights of individuals living within the state, determine statutory, regulatory, or budgetary solutions to better protect human rights, and report, at least annually, on the status of human rights to the Legislature and the Governor with statutory and regulatory recommendations. The bill would require the commission to consist of 17 members, including, among others, Members of the Assembly and the Senate. The bill would also create the California Commission on Human Rights Fund in the General Fund to, upon appropriation by the Legislature, carry out these provisions and support the commission. The bill would make related findings and declarations. The bill would repeal these provisions on January 1, 2027.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 2.1 (commencing with Section 8110) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 2.1. California Commission on Human Rights8110. The Legislature finds and declares the following:(a) The defense of human rights is crucial in promoting equity and equality amongst all Californians, but namely populations who have historically had their human and civil rights violated.(b) Prejudice and discrimination on the bases of race, color, creed, religion, national origin, ancestry, place of birth, age, sex, sexual orientation, gender identity, domestic partner status, marital status, disability status, HIV status, weight, height, or socioeconomic class infringes on the unalienable human rights of all people.(c) The creation of the California Commission on Human Rights will allow for the adequate exploration and identification of ways in which the State of California can promote the protection of human rights so that residents of California have equal economic, political, and educational opportunity without prejudice or discrimination. 8110.1. (a) There is in the state government the California Commission on Human Rights. The commission shall consist of 17 members to be appointed as follows:(1) Three Members of the Senate and one public member appointed by the Senate Committee on Rules.(2) Three Members of the Assembly and one public member appointed by the Speaker of the Assembly.(3) One public member appointed by the Superintendent of Public Instruction.(4) One public member appointed by the Attorney General.(5) Seven public members appointed by the Governor with the consent of the Senate.(b) The Members of the Legislature shall serve at the pleasure of the appointing powers.(c) Public member appointees of the Speaker of the Assembly and the Senate Committee on Rules, and appointees of the Superintendent of Public Instruction, the Attorney General, and the Governor, shall serve four-year terms.(d) Members of the commission shall serve without compensation, but may be reimbursed for actual and necessary travel expenses. (e) Five members of the commission shall constitute a quorum.8110.2. (a) The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the following:(1) To employ administrative, technical, and other personnel as may be necessary to perform its powers and duties.(2) To hold informational hearings, make and sign agreements, and to do or perform any acts that may be necessary, desirable, or proper to carry out the purposes of this chapter.(3) To cooperate with, and secure the cooperation of, any department, division, board, bureau, commission, or other agency of the state to facilitate it properly to carry out its powers and duties hereunder.(4) To appoint advisers or advisory committees from time to time when the commission determines that the experience or expertise of advisers or advisory committees is needed for specific projects of the commission.(5) To find and accept funding sources outside of the state General Fund to assist with the projects of the commission, including, but not limited to, doing any of the following:(A) Accepting any federal funds granted, by act of Congress or by executive order, for the purposes of this chapter.(B) Locating and applying for federal grant programs.(C) Accepting any gifts, donations, grants, or bequests for the purposes of this chapter, and to conduct fundraising activities that may require a payment or purchase to attend.(b) The commission shall meet a minimum of four times each calendar year. 8110.3. The commission shall do all of the following:(a) Identify and evaluate Californias successes and failures in protecting human rights of all individuals living within the state, including, but not limited to:(1) Californias sanctuary state policies and the status of the protection of rights of refugees, asylum seekers, and undocumented Californians.(2) The relationship between local governmental entities and agencies and marginalized communities, including the impact of local governmental entities and agencies actions and policies on the civil liberties of those marginalized communities.(3) The status of labor protections for marginalized populations throughout Californias workforce, including Californias migrant labor population.(4) The status of marginalized populations access to educational opportunities and the protection of human rights and civil liberties across Californias education system, from early childhood to higher education.(b) Determine statutory, regulatory, or budgetary solutions to better protect human rights across California, giving primary consideration to historically and currently marginalized populations.(c) (1) Report, at least annually, on the status of human rights to the Legislature and the Governors office, with statutory and regulatory recommendations for the Legislature to adopt.(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795.(d) Develop specific projects, reports, campaigns, and recommendations as concerns that violate human rights arise.(e) Provide technical assistance to Members of the Legislature, the Governors office, and state agencies.(f) Coordinate and work with existing governmental agencies and bodies in order to ensure complete intersectionality and to close representational gaps within state government. 8110.4. With respect to its duties in this chapter, the commission shall be an advisory commission only, and there shall be no right or obligation on the part of the state, or the parties meeting and conferring, to implement the findings of the commission without at least one of the following:(a) Further legislation subject to enactment that specifically authorizes that evaluations, determinations, and findings of the commission be implemented.(b) Regulations adopted by, and pursuant to the authority of, a state agency that specifically pull from the evaluations, determinations, and findings of the commission for implementation.(c) An executive order that specifically requires and authorizes the implementation of the evaluations, determinations, and findings of the commission.8110.5. For purposes of this chapter, human rights are defined, enumerated, or set forth by, but not limited to, each of the following:(a) The California Constitution.(b) The United States Constitution.(c) The United Nations Universal Declaration of Human Rights. 8110.6. (a) The California Commission on Human Rights Fund is hereby created in the General Fund to carry out this chapter and to support the commission, upon appropriation by the Legislature in the annual Budget Act.(b) Subject to the approval of the Department of Finance, all moneys collected or received by the commission from gifts, bequests, donations, or grant funds shall be deposited into the California Commission on Human Rights Fund, in accordance with the terms of the gift or donation from which the moneys derive and in accordance with Sections 8647, 11005, 11005.1, and 16302 of the Government Code.(c) The fund shall also be used to increase access to commission meetings, projects, and deliberations by community organizations and impacted members of the public in the form of travel reimbursement, contracted partnerships or grant programs, or in other ways the commission deems appropriate. 8110.7. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.
1+Amended IN Senate August 26, 2021 Amended IN Senate June 23, 2021 Amended IN Assembly May 05, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 412Introduced by Assembly Member Reyes(Coauthors: Assembly Members Burke, Chau, Cristina Garcia, Eduardo Garcia, Gipson, Lorena Gonzalez, Maienschein, Medina, Petrie-Norris, Robert Rivas, Rodriguez, and Stone Stone, Weber, and Wicks)(Coauthors: Senators Hueso, Min, and Umberg)February 03, 2021 An act to add and repeal Chapter 3.4 2.1 (commencing with Section 8270) 8110) of Division 1 of Title 2 of the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGESTAB 412, as amended, Reyes. California Commission on Human Rights.The California Constitution prohibits the state, including any political subdivision or government instrumentality of or within the state, from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.Existing law establishes in state government various commissions and committees, including, among others, the California Commission on Disability Access, the Healthy California for All Commission, the Commission on the Status of Women and Girls, and the Committee on Revision of the Penal Code to study and recommend reforms on certain topics, including issues related to equality and justice.This bill would establish in state government the California Commission on Human Rights, as an advisory commission, and would require it to, among other things, identify and evaluate Californias successes and failures in protecting human rights of individuals living within the state, determine statutory, regulatory, or budgetary solutions to better protect human rights, and report, at least annually, on the status of human rights to the Legislature and the Governor with statutory and regulatory recommendations. The bill would require the commission to consist of 17 members, including, among others, Members of the Assembly and the Senate. The bill would also create the California Commission on Human Rights Fund in the General Fund to, upon appropriation by the Legislature, carry out these provisions and support the commission. The bill would make related findings and declarations. The bill would repeal these provisions on January 1, 2027.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 2.1 (commencing with Section 8110) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 2.1. California Commission on Human Rights8110. The Legislature finds and declares the following:(a) The defense of human rights is crucial in promoting equity and equality amongst all Californians, but namely populations who have historically had their human and civil rights violated.(b) Prejudice and discrimination on the bases of race, color, creed, religion, national origin, ancestry, place of birth, age, sex, sexual orientation, gender identity, domestic partner status, marital status, disability status, HIV status, weight, height, or socioeconomic class infringes on the unalienable human rights of all people.(c) The creation of the California Commission on Human Rights will allow for the adequate exploration and identification of ways in which the State of California can promote the protection of human rights so that residents of California have equal economic, political, and educational opportunity without prejudice or discrimination. 8110.1. (a) There is in the state government the California Commission on Human Rights. The commission shall consist of 17 members to be appointed as follows:(1) Three Members of the Senate and one public member appointed by the Senate Committee on Rules.(2) Three Members of the Assembly and one public member appointed by the Speaker of the Assembly.(3) One public member appointed by the Superintendent of Public Instruction.(4) One public member appointed by the Attorney General.(5) Seven public members appointed by the Governor with the consent of the Senate.(b) The Members of the Legislature shall serve at the pleasure of the appointing powers.(c) Public member appointees of the Speaker of the Assembly and the Senate Committee on Rules, and appointees of the Superintendent of Public Instruction, the Attorney General, and the Governor, shall serve four-year terms.(d) Members of the commission shall serve without compensation, but may be reimbursed for actual and necessary travel expenses. (e) Five members of the commission shall constitute a quorum.8110.2. (a) The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the following:(1) To employ administrative, technical, and other personnel as may be necessary to perform its powers and duties.(2) To hold informational hearings, make and sign agreements, and to do or perform any acts that may be necessary, desirable, or proper to carry out the purposes of this chapter.(3) To cooperate with, and secure the cooperation of, any department, division, board, bureau, commission, or other agency of the state to facilitate it properly to carry out its powers and duties hereunder.(4) To appoint advisers or advisory committees from time to time when the commission determines that the experience or expertise of advisers or advisory committees is needed for specific projects of the commission.(5) To find and accept funding sources outside of the state General Fund to assist with the projects of the commission, including, but not limited to, doing any of the following:(A) Accepting any federal funds granted, by act of Congress or by executive order, for the purposes of this chapter.(B) Locating and applying for federal grant programs.(C) Accepting any gifts, donations, grants, or bequests for the purposes of this chapter, and to conduct fundraising activities that may require a payment or purchase to attend.(b) The commission shall meet a minimum of four times each calendar year. 8110.3. The commission shall do all of the following:(a) Identify and evaluate Californias successes and failures in protecting human rights of all individuals living within the state, including, but not limited to:(1) Californias sanctuary state policies and the status of the protection of rights of refugees, asylum seekers, and undocumented Californians.(2) The relationship between local governmental entities and agencies and marginalized communities, including the impact of local governmental entities and agencies actions and policies on the civil liberties of those marginalized communities.(3) The status of labor protections for marginalized populations throughout Californias workforce, including Californias migrant labor population.(4) The status of marginalized populations access to educational opportunities and the protection of human rights and civil liberties across Californias education system, from early childhood to higher education.(b) Determine statutory, regulatory, or budgetary solutions to better protect human rights across California, giving primary consideration to historically and currently marginalized populations.(c) (1) Report, at least annually, on the status of human rights to the Legislature and the Governors office, with statutory and regulatory recommendations for the Legislature to adopt.(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795.(d) Develop specific projects, reports, campaigns, and recommendations as concerns that violate human rights arise.(e) Provide technical assistance to Members of the Legislature, the Governors office, and state agencies.(f) Coordinate and work with existing governmental agencies and bodies in order to ensure complete intersectionality and to close representational gaps within state government. 8110.4. With respect to its duties in this chapter, the commission shall be an advisory commission only, and there shall be no right or obligation on the part of the state, or the parties meeting and conferring, to implement the findings of the commission without at least one of the following:(a) Further legislation subject to enactment that specifically authorizes that evaluations, determinations, and findings of the commission be implemented.(b) Regulations adopted by, and pursuant to the authority of, a state agency that specifically pull from the evaluations, determinations, and findings of the commission for implementation.(c) An executive order that specifically requires and authorizes the implementation of the evaluations, determinations, and findings of the commission.8110.5. For purposes of this chapter, human rights are defined, enumerated, or set forth by, but not limited to, each of the following:(a) The California Constitution.(b) The United States Constitution.(c) The United Nations Universal Declaration of Human Rights. 8110.6. (a) The California Commission on Human Rights Fund is hereby created in the General Fund to carry out this chapter and to support the commission, upon appropriation by the Legislature in the annual Budget Act.(b) Subject to the approval of the Department of Finance, all moneys collected or received by the commission from gifts, bequests, donations, or grant funds shall be deposited into the California Commission on Human Rights Fund, in accordance with the terms of the gift or donation from which the moneys derive and in accordance with Sections 8647, 11005, 11005.1, and 16302 of the Government Code.(c) The fund shall also be used to increase access to commission meetings, projects, and deliberations by community organizations and impacted members of the public in the form of travel reimbursement, contracted partnerships or grant programs, or in other ways the commission deems appropriate. 8110.7. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed. SECTION 1.Chapter 3.4 (commencing with Section 8270) is added to Division 1 of Title 2 of the Government Code, to read:3.4.California Commission on Human Rights8270.The Legislature finds and declares the following:(a)The defense of human rights is crucial in promoting equity and equality amongst all Californians, but namely populations who have historically had their human and civil rights violated.(b)Prejudice and discrimination on the bases of race, color, creed, religion, national origin, ancestry, place of birth, age, sex, sexual orientation, gender identity, domestic partner status, marital status, disability status, HIV status, weight, height, or socioeconomic class infringes on the unalienable human rights of all people.(c)The creation of the California Commission on Human Rights will allow for the adequate exploration and identification of ways in which the State of California can promote the protection of human rights so that residents of California have equal economic, political, and educational opportunity without prejudice or discrimination.8271.(a)There is in the state government the California Commission on Human Rights. The commission shall consist of 17 members to be appointed as follows:(1)Three Members of the Senate and one public member appointed by the Senate Committee on Rules.(2)Three Members of the Assembly and one public member appointed by the Speaker of the Assembly.(3)One public member appointed by the Superintendent of Public Instruction.(4)One public member appointed by the Attorney General.(5)Seven public members appointed by the Governor with the consent of the Senate.(b)The Members of the Legislature shall serve at the pleasure of the appointing powers.(c)Public member appointees of the Speaker of the Assembly and the Senate Committee on Rules, and appointees of the Superintendent of Public Instruction, the Attorney General, and the Governor, shall serve four-year terms.(d)Members of the commission shall serve without compensation, but may be reimbursed for actual and necessary travel expenses.8272.(a)The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the following:(1)To employ administrative, technical, and other personnel as may be necessary to perform its powers and duties.(2)To hold informational hearings, make and sign agreements, and to do or perform any acts that may be necessary, desirable, or proper to carry out the purposes of this chapter.(3)To cooperate with, and secure the cooperation of, any department, division, board, bureau, commission, or other agency of the state to facilitate it properly to carry out its powers and duties hereunder.(4)To appoint advisers or advisory committees from time to time when the commission determines that the experience or expertise of advisers or advisory committees is needed for specific projects of the commission.(5)To find and accept funding sources outside of the state General Fund to assist with the projects of the commission, including, but not limited to, doing any of the following:(A)Accepting any federal funds granted, by act of Congress or by executive order, for the purposes of this chapter.(B)Locating and applying for federal grant programs.(C)Accepting any gifts, donations, grants, or bequests for the purposes of this chapter, and to conduct fundraising activities that may require a payment or purchase to attend.(b)The commission shall meet a minimum of four times each calendar year.8273.The commission shall do all of the following:(a)Identify and evaluate Californias successes and failures in protecting human rights of all individuals living within the state, including, but not limited to:(1)Californias sanctuary state policies and the status of the protection of rights of refugees, asylum seekers, and undocumented Californians.(2)The relationship between local government entities and agencies and marginalized communities, including the impact of local government entities and agencies actions and policies on the civil liberties of those marginalized communities.(3)The status of labor protections for marginalized populations throughout Californias workforce, including Californias migrant labor population.(4)The status of marginalized populations access to educational opportunities and the protection of human rights and civil liberties across Californias education system, from early childhood to higher education. (b)Determine statutory, regulatory, or budgetary solutions to better protect human rights across California, giving primary consideration to historically, and currently, marginalized populations.(c)(1)Report, at least annually, on the status of human rights to the Legislature and the Governors office, with statutory and regulatory recommendations for the Legislature to adopt.(2)A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795.(d)Develop specific projects, reports, campaigns, and recommendations as concerns that violate human rights arise.(e)Provide technical assistance to Members of the Legislature, the Governors office, and state agencies.(f)Coordinate with, and work with, existing government agencies and bodies in order to ensure complete intersectionality, and to close representational gaps, within state government.8274.With respect to its duties in this chapter, the commission shall be an advisory commission only, and there shall be no right or obligation on the part of the state, or the parties meeting and conferring, to implement the findings of the commission without at least one of the following:(a)Further legislation subject to enactment that specifically authorizes that evaluations, determinations, and findings of the commission be implemented.(b)Regulations adopted by, and pursuant to the authority of, a state agency that specifically pull from the evaluations, determinations, and findings of the commission for implementation.(c)An executive order that specifically requires and authorizes the implementation of the evaluations, determinations, and findings of the commission.8275.For purposes of this chapter, human rights are defined, enumerated, or set forth by, but not limited to, each of the following:(a)The California Constitution.(b)The United States Constitution.(c)The United Nations Universal Declaration of Human Rights.(d)Other critical human rights documents that the commission sees fit.8276.(a)The California Commission on Human Rights Fund is hereby created in the General Fund to carry out this chapter and to support the commission, upon appropriation by the Legislature in the annual Budget Act.(b)Subject to the approval of the Department of Finance, all moneys collected or received by the commission from gifts, bequests, donations, or grant funds shall be deposited into the California Commission on Human Rights Fund, in accordance with the terms of the gift or donation from which the moneys derive and in accordance with Sections 8647, 11005, 11005.1, and 16302 of the Government Code.(c)The fund shall also be used to increase access to commission meetings, projects, and deliberations by community organizations and impacted members of the public in the form of travel reimbursement, contracted partnerships or grant programs, or in other ways the commission deems appropriate.8277.This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.
22
3- Enrolled September 07, 2021 Passed IN Senate September 01, 2021 Passed IN Assembly September 02, 2021 Amended IN Senate August 26, 2021 Amended IN Senate June 23, 2021 Amended IN Assembly May 05, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 412Introduced by Assembly Member Reyes(Coauthors: Assembly Members Burke, Chau, Cristina Garcia, Eduardo Garcia, Gipson, Lorena Gonzalez, Maienschein, Medina, Petrie-Norris, Robert Rivas, Rodriguez, Stone, Weber, and Wicks)(Coauthors: Senators Hueso, Min, and Umberg)February 03, 2021 An act to add and repeal Chapter 2.1 (commencing with Section 8110) of Division 1 of Title 2 of the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGESTAB 412, Reyes. California Commission on Human Rights.The California Constitution prohibits the state, including any political subdivision or government instrumentality of or within the state, from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.Existing law establishes in state government various commissions and committees, including, among others, the California Commission on Disability Access, the Healthy California for All Commission, the Commission on the Status of Women and Girls, and the Committee on Revision of the Penal Code to study and recommend reforms on certain topics, including issues related to equality and justice.This bill would establish in state government the California Commission on Human Rights, as an advisory commission, and would require it to, among other things, identify and evaluate Californias successes and failures in protecting human rights of individuals living within the state, determine statutory, regulatory, or budgetary solutions to better protect human rights, and report, at least annually, on the status of human rights to the Legislature and the Governor with statutory and regulatory recommendations. The bill would require the commission to consist of 17 members, including, among others, Members of the Assembly and the Senate. The bill would also create the California Commission on Human Rights Fund in the General Fund to, upon appropriation by the Legislature, carry out these provisions and support the commission. The bill would make related findings and declarations. The bill would repeal these provisions on January 1, 2027.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Amended IN Senate August 26, 2021 Amended IN Senate June 23, 2021 Amended IN Assembly May 05, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 412Introduced by Assembly Member Reyes(Coauthors: Assembly Members Burke, Chau, Cristina Garcia, Eduardo Garcia, Gipson, Lorena Gonzalez, Maienschein, Medina, Petrie-Norris, Robert Rivas, Rodriguez, and Stone Stone, Weber, and Wicks)(Coauthors: Senators Hueso, Min, and Umberg)February 03, 2021 An act to add and repeal Chapter 3.4 2.1 (commencing with Section 8270) 8110) of Division 1 of Title 2 of the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGESTAB 412, as amended, Reyes. California Commission on Human Rights.The California Constitution prohibits the state, including any political subdivision or government instrumentality of or within the state, from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.Existing law establishes in state government various commissions and committees, including, among others, the California Commission on Disability Access, the Healthy California for All Commission, the Commission on the Status of Women and Girls, and the Committee on Revision of the Penal Code to study and recommend reforms on certain topics, including issues related to equality and justice.This bill would establish in state government the California Commission on Human Rights, as an advisory commission, and would require it to, among other things, identify and evaluate Californias successes and failures in protecting human rights of individuals living within the state, determine statutory, regulatory, or budgetary solutions to better protect human rights, and report, at least annually, on the status of human rights to the Legislature and the Governor with statutory and regulatory recommendations. The bill would require the commission to consist of 17 members, including, among others, Members of the Assembly and the Senate. The bill would also create the California Commission on Human Rights Fund in the General Fund to, upon appropriation by the Legislature, carry out these provisions and support the commission. The bill would make related findings and declarations. The bill would repeal these provisions on January 1, 2027.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
44
5- Enrolled September 07, 2021 Passed IN Senate September 01, 2021 Passed IN Assembly September 02, 2021 Amended IN Senate August 26, 2021 Amended IN Senate June 23, 2021 Amended IN Assembly May 05, 2021
5+ Amended IN Senate August 26, 2021 Amended IN Senate June 23, 2021 Amended IN Assembly May 05, 2021
66
7-Enrolled September 07, 2021
8-Passed IN Senate September 01, 2021
9-Passed IN Assembly September 02, 2021
107 Amended IN Senate August 26, 2021
118 Amended IN Senate June 23, 2021
129 Amended IN Assembly May 05, 2021
1310
1411 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
1512
1613 Assembly Bill
1714
1815 No. 412
1916
20-Introduced by Assembly Member Reyes(Coauthors: Assembly Members Burke, Chau, Cristina Garcia, Eduardo Garcia, Gipson, Lorena Gonzalez, Maienschein, Medina, Petrie-Norris, Robert Rivas, Rodriguez, Stone, Weber, and Wicks)(Coauthors: Senators Hueso, Min, and Umberg)February 03, 2021
17+Introduced by Assembly Member Reyes(Coauthors: Assembly Members Burke, Chau, Cristina Garcia, Eduardo Garcia, Gipson, Lorena Gonzalez, Maienschein, Medina, Petrie-Norris, Robert Rivas, Rodriguez, and Stone Stone, Weber, and Wicks)(Coauthors: Senators Hueso, Min, and Umberg)February 03, 2021
2118
22-Introduced by Assembly Member Reyes(Coauthors: Assembly Members Burke, Chau, Cristina Garcia, Eduardo Garcia, Gipson, Lorena Gonzalez, Maienschein, Medina, Petrie-Norris, Robert Rivas, Rodriguez, Stone, Weber, and Wicks)(Coauthors: Senators Hueso, Min, and Umberg)
19+Introduced by Assembly Member Reyes(Coauthors: Assembly Members Burke, Chau, Cristina Garcia, Eduardo Garcia, Gipson, Lorena Gonzalez, Maienschein, Medina, Petrie-Norris, Robert Rivas, Rodriguez, and Stone Stone, Weber, and Wicks)(Coauthors: Senators Hueso, Min, and Umberg)
2320 February 03, 2021
2421
25- An act to add and repeal Chapter 2.1 (commencing with Section 8110) of Division 1 of Title 2 of the Government Code, relating to state government.
22+ An act to add and repeal Chapter 3.4 2.1 (commencing with Section 8270) 8110) of Division 1 of Title 2 of the Government Code, relating to state government.
2623
2724 LEGISLATIVE COUNSEL'S DIGEST
2825
2926 ## LEGISLATIVE COUNSEL'S DIGEST
3027
31-AB 412, Reyes. California Commission on Human Rights.
28+AB 412, as amended, Reyes. California Commission on Human Rights.
3229
3330 The California Constitution prohibits the state, including any political subdivision or government instrumentality of or within the state, from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.Existing law establishes in state government various commissions and committees, including, among others, the California Commission on Disability Access, the Healthy California for All Commission, the Commission on the Status of Women and Girls, and the Committee on Revision of the Penal Code to study and recommend reforms on certain topics, including issues related to equality and justice.This bill would establish in state government the California Commission on Human Rights, as an advisory commission, and would require it to, among other things, identify and evaluate Californias successes and failures in protecting human rights of individuals living within the state, determine statutory, regulatory, or budgetary solutions to better protect human rights, and report, at least annually, on the status of human rights to the Legislature and the Governor with statutory and regulatory recommendations. The bill would require the commission to consist of 17 members, including, among others, Members of the Assembly and the Senate. The bill would also create the California Commission on Human Rights Fund in the General Fund to, upon appropriation by the Legislature, carry out these provisions and support the commission. The bill would make related findings and declarations. The bill would repeal these provisions on January 1, 2027.
3431
3532 The California Constitution prohibits the state, including any political subdivision or government instrumentality of or within the state, from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
3633
3734 Existing law establishes in state government various commissions and committees, including, among others, the California Commission on Disability Access, the Healthy California for All Commission, the Commission on the Status of Women and Girls, and the Committee on Revision of the Penal Code to study and recommend reforms on certain topics, including issues related to equality and justice.
3835
3936 This bill would establish in state government the California Commission on Human Rights, as an advisory commission, and would require it to, among other things, identify and evaluate Californias successes and failures in protecting human rights of individuals living within the state, determine statutory, regulatory, or budgetary solutions to better protect human rights, and report, at least annually, on the status of human rights to the Legislature and the Governor with statutory and regulatory recommendations. The bill would require the commission to consist of 17 members, including, among others, Members of the Assembly and the Senate. The bill would also create the California Commission on Human Rights Fund in the General Fund to, upon appropriation by the Legislature, carry out these provisions and support the commission. The bill would make related findings and declarations. The bill would repeal these provisions on January 1, 2027.
4037
4138 ## Digest Key
4239
4340 ## Bill Text
4441
45-The people of the State of California do enact as follows:SECTION 1. Chapter 2.1 (commencing with Section 8110) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 2.1. California Commission on Human Rights8110. The Legislature finds and declares the following:(a) The defense of human rights is crucial in promoting equity and equality amongst all Californians, but namely populations who have historically had their human and civil rights violated.(b) Prejudice and discrimination on the bases of race, color, creed, religion, national origin, ancestry, place of birth, age, sex, sexual orientation, gender identity, domestic partner status, marital status, disability status, HIV status, weight, height, or socioeconomic class infringes on the unalienable human rights of all people.(c) The creation of the California Commission on Human Rights will allow for the adequate exploration and identification of ways in which the State of California can promote the protection of human rights so that residents of California have equal economic, political, and educational opportunity without prejudice or discrimination. 8110.1. (a) There is in the state government the California Commission on Human Rights. The commission shall consist of 17 members to be appointed as follows:(1) Three Members of the Senate and one public member appointed by the Senate Committee on Rules.(2) Three Members of the Assembly and one public member appointed by the Speaker of the Assembly.(3) One public member appointed by the Superintendent of Public Instruction.(4) One public member appointed by the Attorney General.(5) Seven public members appointed by the Governor with the consent of the Senate.(b) The Members of the Legislature shall serve at the pleasure of the appointing powers.(c) Public member appointees of the Speaker of the Assembly and the Senate Committee on Rules, and appointees of the Superintendent of Public Instruction, the Attorney General, and the Governor, shall serve four-year terms.(d) Members of the commission shall serve without compensation, but may be reimbursed for actual and necessary travel expenses. (e) Five members of the commission shall constitute a quorum.8110.2. (a) The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the following:(1) To employ administrative, technical, and other personnel as may be necessary to perform its powers and duties.(2) To hold informational hearings, make and sign agreements, and to do or perform any acts that may be necessary, desirable, or proper to carry out the purposes of this chapter.(3) To cooperate with, and secure the cooperation of, any department, division, board, bureau, commission, or other agency of the state to facilitate it properly to carry out its powers and duties hereunder.(4) To appoint advisers or advisory committees from time to time when the commission determines that the experience or expertise of advisers or advisory committees is needed for specific projects of the commission.(5) To find and accept funding sources outside of the state General Fund to assist with the projects of the commission, including, but not limited to, doing any of the following:(A) Accepting any federal funds granted, by act of Congress or by executive order, for the purposes of this chapter.(B) Locating and applying for federal grant programs.(C) Accepting any gifts, donations, grants, or bequests for the purposes of this chapter, and to conduct fundraising activities that may require a payment or purchase to attend.(b) The commission shall meet a minimum of four times each calendar year. 8110.3. The commission shall do all of the following:(a) Identify and evaluate Californias successes and failures in protecting human rights of all individuals living within the state, including, but not limited to:(1) Californias sanctuary state policies and the status of the protection of rights of refugees, asylum seekers, and undocumented Californians.(2) The relationship between local governmental entities and agencies and marginalized communities, including the impact of local governmental entities and agencies actions and policies on the civil liberties of those marginalized communities.(3) The status of labor protections for marginalized populations throughout Californias workforce, including Californias migrant labor population.(4) The status of marginalized populations access to educational opportunities and the protection of human rights and civil liberties across Californias education system, from early childhood to higher education.(b) Determine statutory, regulatory, or budgetary solutions to better protect human rights across California, giving primary consideration to historically and currently marginalized populations.(c) (1) Report, at least annually, on the status of human rights to the Legislature and the Governors office, with statutory and regulatory recommendations for the Legislature to adopt.(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795.(d) Develop specific projects, reports, campaigns, and recommendations as concerns that violate human rights arise.(e) Provide technical assistance to Members of the Legislature, the Governors office, and state agencies.(f) Coordinate and work with existing governmental agencies and bodies in order to ensure complete intersectionality and to close representational gaps within state government. 8110.4. With respect to its duties in this chapter, the commission shall be an advisory commission only, and there shall be no right or obligation on the part of the state, or the parties meeting and conferring, to implement the findings of the commission without at least one of the following:(a) Further legislation subject to enactment that specifically authorizes that evaluations, determinations, and findings of the commission be implemented.(b) Regulations adopted by, and pursuant to the authority of, a state agency that specifically pull from the evaluations, determinations, and findings of the commission for implementation.(c) An executive order that specifically requires and authorizes the implementation of the evaluations, determinations, and findings of the commission.8110.5. For purposes of this chapter, human rights are defined, enumerated, or set forth by, but not limited to, each of the following:(a) The California Constitution.(b) The United States Constitution.(c) The United Nations Universal Declaration of Human Rights. 8110.6. (a) The California Commission on Human Rights Fund is hereby created in the General Fund to carry out this chapter and to support the commission, upon appropriation by the Legislature in the annual Budget Act.(b) Subject to the approval of the Department of Finance, all moneys collected or received by the commission from gifts, bequests, donations, or grant funds shall be deposited into the California Commission on Human Rights Fund, in accordance with the terms of the gift or donation from which the moneys derive and in accordance with Sections 8647, 11005, 11005.1, and 16302 of the Government Code.(c) The fund shall also be used to increase access to commission meetings, projects, and deliberations by community organizations and impacted members of the public in the form of travel reimbursement, contracted partnerships or grant programs, or in other ways the commission deems appropriate. 8110.7. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.
42+The people of the State of California do enact as follows:SECTION 1. Chapter 2.1 (commencing with Section 8110) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 2.1. California Commission on Human Rights8110. The Legislature finds and declares the following:(a) The defense of human rights is crucial in promoting equity and equality amongst all Californians, but namely populations who have historically had their human and civil rights violated.(b) Prejudice and discrimination on the bases of race, color, creed, religion, national origin, ancestry, place of birth, age, sex, sexual orientation, gender identity, domestic partner status, marital status, disability status, HIV status, weight, height, or socioeconomic class infringes on the unalienable human rights of all people.(c) The creation of the California Commission on Human Rights will allow for the adequate exploration and identification of ways in which the State of California can promote the protection of human rights so that residents of California have equal economic, political, and educational opportunity without prejudice or discrimination. 8110.1. (a) There is in the state government the California Commission on Human Rights. The commission shall consist of 17 members to be appointed as follows:(1) Three Members of the Senate and one public member appointed by the Senate Committee on Rules.(2) Three Members of the Assembly and one public member appointed by the Speaker of the Assembly.(3) One public member appointed by the Superintendent of Public Instruction.(4) One public member appointed by the Attorney General.(5) Seven public members appointed by the Governor with the consent of the Senate.(b) The Members of the Legislature shall serve at the pleasure of the appointing powers.(c) Public member appointees of the Speaker of the Assembly and the Senate Committee on Rules, and appointees of the Superintendent of Public Instruction, the Attorney General, and the Governor, shall serve four-year terms.(d) Members of the commission shall serve without compensation, but may be reimbursed for actual and necessary travel expenses. (e) Five members of the commission shall constitute a quorum.8110.2. (a) The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the following:(1) To employ administrative, technical, and other personnel as may be necessary to perform its powers and duties.(2) To hold informational hearings, make and sign agreements, and to do or perform any acts that may be necessary, desirable, or proper to carry out the purposes of this chapter.(3) To cooperate with, and secure the cooperation of, any department, division, board, bureau, commission, or other agency of the state to facilitate it properly to carry out its powers and duties hereunder.(4) To appoint advisers or advisory committees from time to time when the commission determines that the experience or expertise of advisers or advisory committees is needed for specific projects of the commission.(5) To find and accept funding sources outside of the state General Fund to assist with the projects of the commission, including, but not limited to, doing any of the following:(A) Accepting any federal funds granted, by act of Congress or by executive order, for the purposes of this chapter.(B) Locating and applying for federal grant programs.(C) Accepting any gifts, donations, grants, or bequests for the purposes of this chapter, and to conduct fundraising activities that may require a payment or purchase to attend.(b) The commission shall meet a minimum of four times each calendar year. 8110.3. The commission shall do all of the following:(a) Identify and evaluate Californias successes and failures in protecting human rights of all individuals living within the state, including, but not limited to:(1) Californias sanctuary state policies and the status of the protection of rights of refugees, asylum seekers, and undocumented Californians.(2) The relationship between local governmental entities and agencies and marginalized communities, including the impact of local governmental entities and agencies actions and policies on the civil liberties of those marginalized communities.(3) The status of labor protections for marginalized populations throughout Californias workforce, including Californias migrant labor population.(4) The status of marginalized populations access to educational opportunities and the protection of human rights and civil liberties across Californias education system, from early childhood to higher education.(b) Determine statutory, regulatory, or budgetary solutions to better protect human rights across California, giving primary consideration to historically and currently marginalized populations.(c) (1) Report, at least annually, on the status of human rights to the Legislature and the Governors office, with statutory and regulatory recommendations for the Legislature to adopt.(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795.(d) Develop specific projects, reports, campaigns, and recommendations as concerns that violate human rights arise.(e) Provide technical assistance to Members of the Legislature, the Governors office, and state agencies.(f) Coordinate and work with existing governmental agencies and bodies in order to ensure complete intersectionality and to close representational gaps within state government. 8110.4. With respect to its duties in this chapter, the commission shall be an advisory commission only, and there shall be no right or obligation on the part of the state, or the parties meeting and conferring, to implement the findings of the commission without at least one of the following:(a) Further legislation subject to enactment that specifically authorizes that evaluations, determinations, and findings of the commission be implemented.(b) Regulations adopted by, and pursuant to the authority of, a state agency that specifically pull from the evaluations, determinations, and findings of the commission for implementation.(c) An executive order that specifically requires and authorizes the implementation of the evaluations, determinations, and findings of the commission.8110.5. For purposes of this chapter, human rights are defined, enumerated, or set forth by, but not limited to, each of the following:(a) The California Constitution.(b) The United States Constitution.(c) The United Nations Universal Declaration of Human Rights. 8110.6. (a) The California Commission on Human Rights Fund is hereby created in the General Fund to carry out this chapter and to support the commission, upon appropriation by the Legislature in the annual Budget Act.(b) Subject to the approval of the Department of Finance, all moneys collected or received by the commission from gifts, bequests, donations, or grant funds shall be deposited into the California Commission on Human Rights Fund, in accordance with the terms of the gift or donation from which the moneys derive and in accordance with Sections 8647, 11005, 11005.1, and 16302 of the Government Code.(c) The fund shall also be used to increase access to commission meetings, projects, and deliberations by community organizations and impacted members of the public in the form of travel reimbursement, contracted partnerships or grant programs, or in other ways the commission deems appropriate. 8110.7. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed. SECTION 1.Chapter 3.4 (commencing with Section 8270) is added to Division 1 of Title 2 of the Government Code, to read:3.4.California Commission on Human Rights8270.The Legislature finds and declares the following:(a)The defense of human rights is crucial in promoting equity and equality amongst all Californians, but namely populations who have historically had their human and civil rights violated.(b)Prejudice and discrimination on the bases of race, color, creed, religion, national origin, ancestry, place of birth, age, sex, sexual orientation, gender identity, domestic partner status, marital status, disability status, HIV status, weight, height, or socioeconomic class infringes on the unalienable human rights of all people.(c)The creation of the California Commission on Human Rights will allow for the adequate exploration and identification of ways in which the State of California can promote the protection of human rights so that residents of California have equal economic, political, and educational opportunity without prejudice or discrimination.8271.(a)There is in the state government the California Commission on Human Rights. The commission shall consist of 17 members to be appointed as follows:(1)Three Members of the Senate and one public member appointed by the Senate Committee on Rules.(2)Three Members of the Assembly and one public member appointed by the Speaker of the Assembly.(3)One public member appointed by the Superintendent of Public Instruction.(4)One public member appointed by the Attorney General.(5)Seven public members appointed by the Governor with the consent of the Senate.(b)The Members of the Legislature shall serve at the pleasure of the appointing powers.(c)Public member appointees of the Speaker of the Assembly and the Senate Committee on Rules, and appointees of the Superintendent of Public Instruction, the Attorney General, and the Governor, shall serve four-year terms.(d)Members of the commission shall serve without compensation, but may be reimbursed for actual and necessary travel expenses.8272.(a)The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the following:(1)To employ administrative, technical, and other personnel as may be necessary to perform its powers and duties.(2)To hold informational hearings, make and sign agreements, and to do or perform any acts that may be necessary, desirable, or proper to carry out the purposes of this chapter.(3)To cooperate with, and secure the cooperation of, any department, division, board, bureau, commission, or other agency of the state to facilitate it properly to carry out its powers and duties hereunder.(4)To appoint advisers or advisory committees from time to time when the commission determines that the experience or expertise of advisers or advisory committees is needed for specific projects of the commission.(5)To find and accept funding sources outside of the state General Fund to assist with the projects of the commission, including, but not limited to, doing any of the following:(A)Accepting any federal funds granted, by act of Congress or by executive order, for the purposes of this chapter.(B)Locating and applying for federal grant programs.(C)Accepting any gifts, donations, grants, or bequests for the purposes of this chapter, and to conduct fundraising activities that may require a payment or purchase to attend.(b)The commission shall meet a minimum of four times each calendar year.8273.The commission shall do all of the following:(a)Identify and evaluate Californias successes and failures in protecting human rights of all individuals living within the state, including, but not limited to:(1)Californias sanctuary state policies and the status of the protection of rights of refugees, asylum seekers, and undocumented Californians.(2)The relationship between local government entities and agencies and marginalized communities, including the impact of local government entities and agencies actions and policies on the civil liberties of those marginalized communities.(3)The status of labor protections for marginalized populations throughout Californias workforce, including Californias migrant labor population.(4)The status of marginalized populations access to educational opportunities and the protection of human rights and civil liberties across Californias education system, from early childhood to higher education. (b)Determine statutory, regulatory, or budgetary solutions to better protect human rights across California, giving primary consideration to historically, and currently, marginalized populations.(c)(1)Report, at least annually, on the status of human rights to the Legislature and the Governors office, with statutory and regulatory recommendations for the Legislature to adopt.(2)A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795.(d)Develop specific projects, reports, campaigns, and recommendations as concerns that violate human rights arise.(e)Provide technical assistance to Members of the Legislature, the Governors office, and state agencies.(f)Coordinate with, and work with, existing government agencies and bodies in order to ensure complete intersectionality, and to close representational gaps, within state government.8274.With respect to its duties in this chapter, the commission shall be an advisory commission only, and there shall be no right or obligation on the part of the state, or the parties meeting and conferring, to implement the findings of the commission without at least one of the following:(a)Further legislation subject to enactment that specifically authorizes that evaluations, determinations, and findings of the commission be implemented.(b)Regulations adopted by, and pursuant to the authority of, a state agency that specifically pull from the evaluations, determinations, and findings of the commission for implementation.(c)An executive order that specifically requires and authorizes the implementation of the evaluations, determinations, and findings of the commission.8275.For purposes of this chapter, human rights are defined, enumerated, or set forth by, but not limited to, each of the following:(a)The California Constitution.(b)The United States Constitution.(c)The United Nations Universal Declaration of Human Rights.(d)Other critical human rights documents that the commission sees fit.8276.(a)The California Commission on Human Rights Fund is hereby created in the General Fund to carry out this chapter and to support the commission, upon appropriation by the Legislature in the annual Budget Act.(b)Subject to the approval of the Department of Finance, all moneys collected or received by the commission from gifts, bequests, donations, or grant funds shall be deposited into the California Commission on Human Rights Fund, in accordance with the terms of the gift or donation from which the moneys derive and in accordance with Sections 8647, 11005, 11005.1, and 16302 of the Government Code.(c)The fund shall also be used to increase access to commission meetings, projects, and deliberations by community organizations and impacted members of the public in the form of travel reimbursement, contracted partnerships or grant programs, or in other ways the commission deems appropriate.8277.This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.
4643
4744 The people of the State of California do enact as follows:
4845
4946 ## The people of the State of California do enact as follows:
5047
5148 SECTION 1. Chapter 2.1 (commencing with Section 8110) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 2.1. California Commission on Human Rights8110. The Legislature finds and declares the following:(a) The defense of human rights is crucial in promoting equity and equality amongst all Californians, but namely populations who have historically had their human and civil rights violated.(b) Prejudice and discrimination on the bases of race, color, creed, religion, national origin, ancestry, place of birth, age, sex, sexual orientation, gender identity, domestic partner status, marital status, disability status, HIV status, weight, height, or socioeconomic class infringes on the unalienable human rights of all people.(c) The creation of the California Commission on Human Rights will allow for the adequate exploration and identification of ways in which the State of California can promote the protection of human rights so that residents of California have equal economic, political, and educational opportunity without prejudice or discrimination. 8110.1. (a) There is in the state government the California Commission on Human Rights. The commission shall consist of 17 members to be appointed as follows:(1) Three Members of the Senate and one public member appointed by the Senate Committee on Rules.(2) Three Members of the Assembly and one public member appointed by the Speaker of the Assembly.(3) One public member appointed by the Superintendent of Public Instruction.(4) One public member appointed by the Attorney General.(5) Seven public members appointed by the Governor with the consent of the Senate.(b) The Members of the Legislature shall serve at the pleasure of the appointing powers.(c) Public member appointees of the Speaker of the Assembly and the Senate Committee on Rules, and appointees of the Superintendent of Public Instruction, the Attorney General, and the Governor, shall serve four-year terms.(d) Members of the commission shall serve without compensation, but may be reimbursed for actual and necessary travel expenses. (e) Five members of the commission shall constitute a quorum.8110.2. (a) The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the following:(1) To employ administrative, technical, and other personnel as may be necessary to perform its powers and duties.(2) To hold informational hearings, make and sign agreements, and to do or perform any acts that may be necessary, desirable, or proper to carry out the purposes of this chapter.(3) To cooperate with, and secure the cooperation of, any department, division, board, bureau, commission, or other agency of the state to facilitate it properly to carry out its powers and duties hereunder.(4) To appoint advisers or advisory committees from time to time when the commission determines that the experience or expertise of advisers or advisory committees is needed for specific projects of the commission.(5) To find and accept funding sources outside of the state General Fund to assist with the projects of the commission, including, but not limited to, doing any of the following:(A) Accepting any federal funds granted, by act of Congress or by executive order, for the purposes of this chapter.(B) Locating and applying for federal grant programs.(C) Accepting any gifts, donations, grants, or bequests for the purposes of this chapter, and to conduct fundraising activities that may require a payment or purchase to attend.(b) The commission shall meet a minimum of four times each calendar year. 8110.3. The commission shall do all of the following:(a) Identify and evaluate Californias successes and failures in protecting human rights of all individuals living within the state, including, but not limited to:(1) Californias sanctuary state policies and the status of the protection of rights of refugees, asylum seekers, and undocumented Californians.(2) The relationship between local governmental entities and agencies and marginalized communities, including the impact of local governmental entities and agencies actions and policies on the civil liberties of those marginalized communities.(3) The status of labor protections for marginalized populations throughout Californias workforce, including Californias migrant labor population.(4) The status of marginalized populations access to educational opportunities and the protection of human rights and civil liberties across Californias education system, from early childhood to higher education.(b) Determine statutory, regulatory, or budgetary solutions to better protect human rights across California, giving primary consideration to historically and currently marginalized populations.(c) (1) Report, at least annually, on the status of human rights to the Legislature and the Governors office, with statutory and regulatory recommendations for the Legislature to adopt.(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795.(d) Develop specific projects, reports, campaigns, and recommendations as concerns that violate human rights arise.(e) Provide technical assistance to Members of the Legislature, the Governors office, and state agencies.(f) Coordinate and work with existing governmental agencies and bodies in order to ensure complete intersectionality and to close representational gaps within state government. 8110.4. With respect to its duties in this chapter, the commission shall be an advisory commission only, and there shall be no right or obligation on the part of the state, or the parties meeting and conferring, to implement the findings of the commission without at least one of the following:(a) Further legislation subject to enactment that specifically authorizes that evaluations, determinations, and findings of the commission be implemented.(b) Regulations adopted by, and pursuant to the authority of, a state agency that specifically pull from the evaluations, determinations, and findings of the commission for implementation.(c) An executive order that specifically requires and authorizes the implementation of the evaluations, determinations, and findings of the commission.8110.5. For purposes of this chapter, human rights are defined, enumerated, or set forth by, but not limited to, each of the following:(a) The California Constitution.(b) The United States Constitution.(c) The United Nations Universal Declaration of Human Rights. 8110.6. (a) The California Commission on Human Rights Fund is hereby created in the General Fund to carry out this chapter and to support the commission, upon appropriation by the Legislature in the annual Budget Act.(b) Subject to the approval of the Department of Finance, all moneys collected or received by the commission from gifts, bequests, donations, or grant funds shall be deposited into the California Commission on Human Rights Fund, in accordance with the terms of the gift or donation from which the moneys derive and in accordance with Sections 8647, 11005, 11005.1, and 16302 of the Government Code.(c) The fund shall also be used to increase access to commission meetings, projects, and deliberations by community organizations and impacted members of the public in the form of travel reimbursement, contracted partnerships or grant programs, or in other ways the commission deems appropriate. 8110.7. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.
5249
5350 SECTION 1. Chapter 2.1 (commencing with Section 8110) is added to Division 1 of Title 2 of the Government Code, to read:
5451
5552 ### SECTION 1.
5653
5754 CHAPTER 2.1. California Commission on Human Rights8110. The Legislature finds and declares the following:(a) The defense of human rights is crucial in promoting equity and equality amongst all Californians, but namely populations who have historically had their human and civil rights violated.(b) Prejudice and discrimination on the bases of race, color, creed, religion, national origin, ancestry, place of birth, age, sex, sexual orientation, gender identity, domestic partner status, marital status, disability status, HIV status, weight, height, or socioeconomic class infringes on the unalienable human rights of all people.(c) The creation of the California Commission on Human Rights will allow for the adequate exploration and identification of ways in which the State of California can promote the protection of human rights so that residents of California have equal economic, political, and educational opportunity without prejudice or discrimination. 8110.1. (a) There is in the state government the California Commission on Human Rights. The commission shall consist of 17 members to be appointed as follows:(1) Three Members of the Senate and one public member appointed by the Senate Committee on Rules.(2) Three Members of the Assembly and one public member appointed by the Speaker of the Assembly.(3) One public member appointed by the Superintendent of Public Instruction.(4) One public member appointed by the Attorney General.(5) Seven public members appointed by the Governor with the consent of the Senate.(b) The Members of the Legislature shall serve at the pleasure of the appointing powers.(c) Public member appointees of the Speaker of the Assembly and the Senate Committee on Rules, and appointees of the Superintendent of Public Instruction, the Attorney General, and the Governor, shall serve four-year terms.(d) Members of the commission shall serve without compensation, but may be reimbursed for actual and necessary travel expenses. (e) Five members of the commission shall constitute a quorum.8110.2. (a) The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the following:(1) To employ administrative, technical, and other personnel as may be necessary to perform its powers and duties.(2) To hold informational hearings, make and sign agreements, and to do or perform any acts that may be necessary, desirable, or proper to carry out the purposes of this chapter.(3) To cooperate with, and secure the cooperation of, any department, division, board, bureau, commission, or other agency of the state to facilitate it properly to carry out its powers and duties hereunder.(4) To appoint advisers or advisory committees from time to time when the commission determines that the experience or expertise of advisers or advisory committees is needed for specific projects of the commission.(5) To find and accept funding sources outside of the state General Fund to assist with the projects of the commission, including, but not limited to, doing any of the following:(A) Accepting any federal funds granted, by act of Congress or by executive order, for the purposes of this chapter.(B) Locating and applying for federal grant programs.(C) Accepting any gifts, donations, grants, or bequests for the purposes of this chapter, and to conduct fundraising activities that may require a payment or purchase to attend.(b) The commission shall meet a minimum of four times each calendar year. 8110.3. The commission shall do all of the following:(a) Identify and evaluate Californias successes and failures in protecting human rights of all individuals living within the state, including, but not limited to:(1) Californias sanctuary state policies and the status of the protection of rights of refugees, asylum seekers, and undocumented Californians.(2) The relationship between local governmental entities and agencies and marginalized communities, including the impact of local governmental entities and agencies actions and policies on the civil liberties of those marginalized communities.(3) The status of labor protections for marginalized populations throughout Californias workforce, including Californias migrant labor population.(4) The status of marginalized populations access to educational opportunities and the protection of human rights and civil liberties across Californias education system, from early childhood to higher education.(b) Determine statutory, regulatory, or budgetary solutions to better protect human rights across California, giving primary consideration to historically and currently marginalized populations.(c) (1) Report, at least annually, on the status of human rights to the Legislature and the Governors office, with statutory and regulatory recommendations for the Legislature to adopt.(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795.(d) Develop specific projects, reports, campaigns, and recommendations as concerns that violate human rights arise.(e) Provide technical assistance to Members of the Legislature, the Governors office, and state agencies.(f) Coordinate and work with existing governmental agencies and bodies in order to ensure complete intersectionality and to close representational gaps within state government. 8110.4. With respect to its duties in this chapter, the commission shall be an advisory commission only, and there shall be no right or obligation on the part of the state, or the parties meeting and conferring, to implement the findings of the commission without at least one of the following:(a) Further legislation subject to enactment that specifically authorizes that evaluations, determinations, and findings of the commission be implemented.(b) Regulations adopted by, and pursuant to the authority of, a state agency that specifically pull from the evaluations, determinations, and findings of the commission for implementation.(c) An executive order that specifically requires and authorizes the implementation of the evaluations, determinations, and findings of the commission.8110.5. For purposes of this chapter, human rights are defined, enumerated, or set forth by, but not limited to, each of the following:(a) The California Constitution.(b) The United States Constitution.(c) The United Nations Universal Declaration of Human Rights. 8110.6. (a) The California Commission on Human Rights Fund is hereby created in the General Fund to carry out this chapter and to support the commission, upon appropriation by the Legislature in the annual Budget Act.(b) Subject to the approval of the Department of Finance, all moneys collected or received by the commission from gifts, bequests, donations, or grant funds shall be deposited into the California Commission on Human Rights Fund, in accordance with the terms of the gift or donation from which the moneys derive and in accordance with Sections 8647, 11005, 11005.1, and 16302 of the Government Code.(c) The fund shall also be used to increase access to commission meetings, projects, and deliberations by community organizations and impacted members of the public in the form of travel reimbursement, contracted partnerships or grant programs, or in other ways the commission deems appropriate. 8110.7. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.
5855
5956 CHAPTER 2.1. California Commission on Human Rights8110. The Legislature finds and declares the following:(a) The defense of human rights is crucial in promoting equity and equality amongst all Californians, but namely populations who have historically had their human and civil rights violated.(b) Prejudice and discrimination on the bases of race, color, creed, religion, national origin, ancestry, place of birth, age, sex, sexual orientation, gender identity, domestic partner status, marital status, disability status, HIV status, weight, height, or socioeconomic class infringes on the unalienable human rights of all people.(c) The creation of the California Commission on Human Rights will allow for the adequate exploration and identification of ways in which the State of California can promote the protection of human rights so that residents of California have equal economic, political, and educational opportunity without prejudice or discrimination. 8110.1. (a) There is in the state government the California Commission on Human Rights. The commission shall consist of 17 members to be appointed as follows:(1) Three Members of the Senate and one public member appointed by the Senate Committee on Rules.(2) Three Members of the Assembly and one public member appointed by the Speaker of the Assembly.(3) One public member appointed by the Superintendent of Public Instruction.(4) One public member appointed by the Attorney General.(5) Seven public members appointed by the Governor with the consent of the Senate.(b) The Members of the Legislature shall serve at the pleasure of the appointing powers.(c) Public member appointees of the Speaker of the Assembly and the Senate Committee on Rules, and appointees of the Superintendent of Public Instruction, the Attorney General, and the Governor, shall serve four-year terms.(d) Members of the commission shall serve without compensation, but may be reimbursed for actual and necessary travel expenses. (e) Five members of the commission shall constitute a quorum.8110.2. (a) The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the following:(1) To employ administrative, technical, and other personnel as may be necessary to perform its powers and duties.(2) To hold informational hearings, make and sign agreements, and to do or perform any acts that may be necessary, desirable, or proper to carry out the purposes of this chapter.(3) To cooperate with, and secure the cooperation of, any department, division, board, bureau, commission, or other agency of the state to facilitate it properly to carry out its powers and duties hereunder.(4) To appoint advisers or advisory committees from time to time when the commission determines that the experience or expertise of advisers or advisory committees is needed for specific projects of the commission.(5) To find and accept funding sources outside of the state General Fund to assist with the projects of the commission, including, but not limited to, doing any of the following:(A) Accepting any federal funds granted, by act of Congress or by executive order, for the purposes of this chapter.(B) Locating and applying for federal grant programs.(C) Accepting any gifts, donations, grants, or bequests for the purposes of this chapter, and to conduct fundraising activities that may require a payment or purchase to attend.(b) The commission shall meet a minimum of four times each calendar year. 8110.3. The commission shall do all of the following:(a) Identify and evaluate Californias successes and failures in protecting human rights of all individuals living within the state, including, but not limited to:(1) Californias sanctuary state policies and the status of the protection of rights of refugees, asylum seekers, and undocumented Californians.(2) The relationship between local governmental entities and agencies and marginalized communities, including the impact of local governmental entities and agencies actions and policies on the civil liberties of those marginalized communities.(3) The status of labor protections for marginalized populations throughout Californias workforce, including Californias migrant labor population.(4) The status of marginalized populations access to educational opportunities and the protection of human rights and civil liberties across Californias education system, from early childhood to higher education.(b) Determine statutory, regulatory, or budgetary solutions to better protect human rights across California, giving primary consideration to historically and currently marginalized populations.(c) (1) Report, at least annually, on the status of human rights to the Legislature and the Governors office, with statutory and regulatory recommendations for the Legislature to adopt.(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795.(d) Develop specific projects, reports, campaigns, and recommendations as concerns that violate human rights arise.(e) Provide technical assistance to Members of the Legislature, the Governors office, and state agencies.(f) Coordinate and work with existing governmental agencies and bodies in order to ensure complete intersectionality and to close representational gaps within state government. 8110.4. With respect to its duties in this chapter, the commission shall be an advisory commission only, and there shall be no right or obligation on the part of the state, or the parties meeting and conferring, to implement the findings of the commission without at least one of the following:(a) Further legislation subject to enactment that specifically authorizes that evaluations, determinations, and findings of the commission be implemented.(b) Regulations adopted by, and pursuant to the authority of, a state agency that specifically pull from the evaluations, determinations, and findings of the commission for implementation.(c) An executive order that specifically requires and authorizes the implementation of the evaluations, determinations, and findings of the commission.8110.5. For purposes of this chapter, human rights are defined, enumerated, or set forth by, but not limited to, each of the following:(a) The California Constitution.(b) The United States Constitution.(c) The United Nations Universal Declaration of Human Rights. 8110.6. (a) The California Commission on Human Rights Fund is hereby created in the General Fund to carry out this chapter and to support the commission, upon appropriation by the Legislature in the annual Budget Act.(b) Subject to the approval of the Department of Finance, all moneys collected or received by the commission from gifts, bequests, donations, or grant funds shall be deposited into the California Commission on Human Rights Fund, in accordance with the terms of the gift or donation from which the moneys derive and in accordance with Sections 8647, 11005, 11005.1, and 16302 of the Government Code.(c) The fund shall also be used to increase access to commission meetings, projects, and deliberations by community organizations and impacted members of the public in the form of travel reimbursement, contracted partnerships or grant programs, or in other ways the commission deems appropriate. 8110.7. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.
6057
6158 CHAPTER 2.1. California Commission on Human Rights
6259
6360 CHAPTER 2.1. California Commission on Human Rights
6461
6562 8110. The Legislature finds and declares the following:(a) The defense of human rights is crucial in promoting equity and equality amongst all Californians, but namely populations who have historically had their human and civil rights violated.(b) Prejudice and discrimination on the bases of race, color, creed, religion, national origin, ancestry, place of birth, age, sex, sexual orientation, gender identity, domestic partner status, marital status, disability status, HIV status, weight, height, or socioeconomic class infringes on the unalienable human rights of all people.(c) The creation of the California Commission on Human Rights will allow for the adequate exploration and identification of ways in which the State of California can promote the protection of human rights so that residents of California have equal economic, political, and educational opportunity without prejudice or discrimination.
6663
6764
6865
6966 8110. The Legislature finds and declares the following:
7067
7168 (a) The defense of human rights is crucial in promoting equity and equality amongst all Californians, but namely populations who have historically had their human and civil rights violated.
7269
7370 (b) Prejudice and discrimination on the bases of race, color, creed, religion, national origin, ancestry, place of birth, age, sex, sexual orientation, gender identity, domestic partner status, marital status, disability status, HIV status, weight, height, or socioeconomic class infringes on the unalienable human rights of all people.
7471
7572 (c) The creation of the California Commission on Human Rights will allow for the adequate exploration and identification of ways in which the State of California can promote the protection of human rights so that residents of California have equal economic, political, and educational opportunity without prejudice or discrimination.
7673
7774 8110.1. (a) There is in the state government the California Commission on Human Rights. The commission shall consist of 17 members to be appointed as follows:(1) Three Members of the Senate and one public member appointed by the Senate Committee on Rules.(2) Three Members of the Assembly and one public member appointed by the Speaker of the Assembly.(3) One public member appointed by the Superintendent of Public Instruction.(4) One public member appointed by the Attorney General.(5) Seven public members appointed by the Governor with the consent of the Senate.(b) The Members of the Legislature shall serve at the pleasure of the appointing powers.(c) Public member appointees of the Speaker of the Assembly and the Senate Committee on Rules, and appointees of the Superintendent of Public Instruction, the Attorney General, and the Governor, shall serve four-year terms.(d) Members of the commission shall serve without compensation, but may be reimbursed for actual and necessary travel expenses. (e) Five members of the commission shall constitute a quorum.
7875
7976
8077
8178 8110.1. (a) There is in the state government the California Commission on Human Rights. The commission shall consist of 17 members to be appointed as follows:
8279
8380 (1) Three Members of the Senate and one public member appointed by the Senate Committee on Rules.
8481
8582 (2) Three Members of the Assembly and one public member appointed by the Speaker of the Assembly.
8683
8784 (3) One public member appointed by the Superintendent of Public Instruction.
8885
8986 (4) One public member appointed by the Attorney General.
9087
9188 (5) Seven public members appointed by the Governor with the consent of the Senate.
9289
9390 (b) The Members of the Legislature shall serve at the pleasure of the appointing powers.
9491
9592 (c) Public member appointees of the Speaker of the Assembly and the Senate Committee on Rules, and appointees of the Superintendent of Public Instruction, the Attorney General, and the Governor, shall serve four-year terms.
9693
9794 (d) Members of the commission shall serve without compensation, but may be reimbursed for actual and necessary travel expenses.
9895
9996 (e) Five members of the commission shall constitute a quorum.
10097
10198 8110.2. (a) The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the following:(1) To employ administrative, technical, and other personnel as may be necessary to perform its powers and duties.(2) To hold informational hearings, make and sign agreements, and to do or perform any acts that may be necessary, desirable, or proper to carry out the purposes of this chapter.(3) To cooperate with, and secure the cooperation of, any department, division, board, bureau, commission, or other agency of the state to facilitate it properly to carry out its powers and duties hereunder.(4) To appoint advisers or advisory committees from time to time when the commission determines that the experience or expertise of advisers or advisory committees is needed for specific projects of the commission.(5) To find and accept funding sources outside of the state General Fund to assist with the projects of the commission, including, but not limited to, doing any of the following:(A) Accepting any federal funds granted, by act of Congress or by executive order, for the purposes of this chapter.(B) Locating and applying for federal grant programs.(C) Accepting any gifts, donations, grants, or bequests for the purposes of this chapter, and to conduct fundraising activities that may require a payment or purchase to attend.(b) The commission shall meet a minimum of four times each calendar year.
10299
103100
104101
105102 8110.2. (a) The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the following:
106103
107104 (1) To employ administrative, technical, and other personnel as may be necessary to perform its powers and duties.
108105
109106 (2) To hold informational hearings, make and sign agreements, and to do or perform any acts that may be necessary, desirable, or proper to carry out the purposes of this chapter.
110107
111108 (3) To cooperate with, and secure the cooperation of, any department, division, board, bureau, commission, or other agency of the state to facilitate it properly to carry out its powers and duties hereunder.
112109
113110 (4) To appoint advisers or advisory committees from time to time when the commission determines that the experience or expertise of advisers or advisory committees is needed for specific projects of the commission.
114111
115112 (5) To find and accept funding sources outside of the state General Fund to assist with the projects of the commission, including, but not limited to, doing any of the following:
116113
117114 (A) Accepting any federal funds granted, by act of Congress or by executive order, for the purposes of this chapter.
118115
119116 (B) Locating and applying for federal grant programs.
120117
121118 (C) Accepting any gifts, donations, grants, or bequests for the purposes of this chapter, and to conduct fundraising activities that may require a payment or purchase to attend.
122119
123120 (b) The commission shall meet a minimum of four times each calendar year.
124121
125122 8110.3. The commission shall do all of the following:(a) Identify and evaluate Californias successes and failures in protecting human rights of all individuals living within the state, including, but not limited to:(1) Californias sanctuary state policies and the status of the protection of rights of refugees, asylum seekers, and undocumented Californians.(2) The relationship between local governmental entities and agencies and marginalized communities, including the impact of local governmental entities and agencies actions and policies on the civil liberties of those marginalized communities.(3) The status of labor protections for marginalized populations throughout Californias workforce, including Californias migrant labor population.(4) The status of marginalized populations access to educational opportunities and the protection of human rights and civil liberties across Californias education system, from early childhood to higher education.(b) Determine statutory, regulatory, or budgetary solutions to better protect human rights across California, giving primary consideration to historically and currently marginalized populations.(c) (1) Report, at least annually, on the status of human rights to the Legislature and the Governors office, with statutory and regulatory recommendations for the Legislature to adopt.(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795.(d) Develop specific projects, reports, campaigns, and recommendations as concerns that violate human rights arise.(e) Provide technical assistance to Members of the Legislature, the Governors office, and state agencies.(f) Coordinate and work with existing governmental agencies and bodies in order to ensure complete intersectionality and to close representational gaps within state government.
126123
127124
128125
129126 8110.3. The commission shall do all of the following:
130127
131128 (a) Identify and evaluate Californias successes and failures in protecting human rights of all individuals living within the state, including, but not limited to:
132129
133130 (1) Californias sanctuary state policies and the status of the protection of rights of refugees, asylum seekers, and undocumented Californians.
134131
135132 (2) The relationship between local governmental entities and agencies and marginalized communities, including the impact of local governmental entities and agencies actions and policies on the civil liberties of those marginalized communities.
136133
137134 (3) The status of labor protections for marginalized populations throughout Californias workforce, including Californias migrant labor population.
138135
139136 (4) The status of marginalized populations access to educational opportunities and the protection of human rights and civil liberties across Californias education system, from early childhood to higher education.
140137
141138 (b) Determine statutory, regulatory, or budgetary solutions to better protect human rights across California, giving primary consideration to historically and currently marginalized populations.
142139
143140 (c) (1) Report, at least annually, on the status of human rights to the Legislature and the Governors office, with statutory and regulatory recommendations for the Legislature to adopt.
144141
145142 (2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795.
146143
147144 (d) Develop specific projects, reports, campaigns, and recommendations as concerns that violate human rights arise.
148145
149146 (e) Provide technical assistance to Members of the Legislature, the Governors office, and state agencies.
150147
151148 (f) Coordinate and work with existing governmental agencies and bodies in order to ensure complete intersectionality and to close representational gaps within state government.
152149
153150 8110.4. With respect to its duties in this chapter, the commission shall be an advisory commission only, and there shall be no right or obligation on the part of the state, or the parties meeting and conferring, to implement the findings of the commission without at least one of the following:(a) Further legislation subject to enactment that specifically authorizes that evaluations, determinations, and findings of the commission be implemented.(b) Regulations adopted by, and pursuant to the authority of, a state agency that specifically pull from the evaluations, determinations, and findings of the commission for implementation.(c) An executive order that specifically requires and authorizes the implementation of the evaluations, determinations, and findings of the commission.
154151
155152
156153
157154 8110.4. With respect to its duties in this chapter, the commission shall be an advisory commission only, and there shall be no right or obligation on the part of the state, or the parties meeting and conferring, to implement the findings of the commission without at least one of the following:
158155
159156 (a) Further legislation subject to enactment that specifically authorizes that evaluations, determinations, and findings of the commission be implemented.
160157
161158 (b) Regulations adopted by, and pursuant to the authority of, a state agency that specifically pull from the evaluations, determinations, and findings of the commission for implementation.
162159
163160 (c) An executive order that specifically requires and authorizes the implementation of the evaluations, determinations, and findings of the commission.
164161
165162 8110.5. For purposes of this chapter, human rights are defined, enumerated, or set forth by, but not limited to, each of the following:(a) The California Constitution.(b) The United States Constitution.(c) The United Nations Universal Declaration of Human Rights.
166163
167164
168165
169166 8110.5. For purposes of this chapter, human rights are defined, enumerated, or set forth by, but not limited to, each of the following:
170167
171168 (a) The California Constitution.
172169
173170 (b) The United States Constitution.
174171
175172 (c) The United Nations Universal Declaration of Human Rights.
176173
177174 8110.6. (a) The California Commission on Human Rights Fund is hereby created in the General Fund to carry out this chapter and to support the commission, upon appropriation by the Legislature in the annual Budget Act.(b) Subject to the approval of the Department of Finance, all moneys collected or received by the commission from gifts, bequests, donations, or grant funds shall be deposited into the California Commission on Human Rights Fund, in accordance with the terms of the gift or donation from which the moneys derive and in accordance with Sections 8647, 11005, 11005.1, and 16302 of the Government Code.(c) The fund shall also be used to increase access to commission meetings, projects, and deliberations by community organizations and impacted members of the public in the form of travel reimbursement, contracted partnerships or grant programs, or in other ways the commission deems appropriate.
178175
179176
180177
181178 8110.6. (a) The California Commission on Human Rights Fund is hereby created in the General Fund to carry out this chapter and to support the commission, upon appropriation by the Legislature in the annual Budget Act.
182179
183180 (b) Subject to the approval of the Department of Finance, all moneys collected or received by the commission from gifts, bequests, donations, or grant funds shall be deposited into the California Commission on Human Rights Fund, in accordance with the terms of the gift or donation from which the moneys derive and in accordance with Sections 8647, 11005, 11005.1, and 16302 of the Government Code.
184181
185182 (c) The fund shall also be used to increase access to commission meetings, projects, and deliberations by community organizations and impacted members of the public in the form of travel reimbursement, contracted partnerships or grant programs, or in other ways the commission deems appropriate.
186183
187184 8110.7. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.
188185
189186
190187
191188 8110.7. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.
189+
190+
191+
192+
193+
194+
195+
196+The Legislature finds and declares the following:
197+
198+
199+
200+(a)The defense of human rights is crucial in promoting equity and equality amongst all Californians, but namely populations who have historically had their human and civil rights violated.
201+
202+
203+
204+(b)Prejudice and discrimination on the bases of race, color, creed, religion, national origin, ancestry, place of birth, age, sex, sexual orientation, gender identity, domestic partner status, marital status, disability status, HIV status, weight, height, or socioeconomic class infringes on the unalienable human rights of all people.
205+
206+
207+
208+(c)The creation of the California Commission on Human Rights will allow for the adequate exploration and identification of ways in which the State of California can promote the protection of human rights so that residents of California have equal economic, political, and educational opportunity without prejudice or discrimination.
209+
210+
211+
212+
213+
214+(a)There is in the state government the California Commission on Human Rights. The commission shall consist of 17 members to be appointed as follows:
215+
216+
217+
218+(1)Three Members of the Senate and one public member appointed by the Senate Committee on Rules.
219+
220+
221+
222+(2)Three Members of the Assembly and one public member appointed by the Speaker of the Assembly.
223+
224+
225+
226+(3)One public member appointed by the Superintendent of Public Instruction.
227+
228+
229+
230+(4)One public member appointed by the Attorney General.
231+
232+
233+
234+(5)Seven public members appointed by the Governor with the consent of the Senate.
235+
236+
237+
238+(b)The Members of the Legislature shall serve at the pleasure of the appointing powers.
239+
240+
241+
242+(c)Public member appointees of the Speaker of the Assembly and the Senate Committee on Rules, and appointees of the Superintendent of Public Instruction, the Attorney General, and the Governor, shall serve four-year terms.
243+
244+
245+
246+(d)Members of the commission shall serve without compensation, but may be reimbursed for actual and necessary travel expenses.
247+
248+
249+
250+
251+
252+(a)The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the following:
253+
254+
255+
256+(1)To employ administrative, technical, and other personnel as may be necessary to perform its powers and duties.
257+
258+
259+
260+(2)To hold informational hearings, make and sign agreements, and to do or perform any acts that may be necessary, desirable, or proper to carry out the purposes of this chapter.
261+
262+
263+
264+(3)To cooperate with, and secure the cooperation of, any department, division, board, bureau, commission, or other agency of the state to facilitate it properly to carry out its powers and duties hereunder.
265+
266+
267+
268+(4)To appoint advisers or advisory committees from time to time when the commission determines that the experience or expertise of advisers or advisory committees is needed for specific projects of the commission.
269+
270+
271+
272+(5)To find and accept funding sources outside of the state General Fund to assist with the projects of the commission, including, but not limited to, doing any of the following:
273+
274+
275+
276+(A)Accepting any federal funds granted, by act of Congress or by executive order, for the purposes of this chapter.
277+
278+
279+
280+(B)Locating and applying for federal grant programs.
281+
282+
283+
284+(C)Accepting any gifts, donations, grants, or bequests for the purposes of this chapter, and to conduct fundraising activities that may require a payment or purchase to attend.
285+
286+
287+
288+(b)The commission shall meet a minimum of four times each calendar year.
289+
290+
291+
292+
293+
294+The commission shall do all of the following:
295+
296+
297+
298+(a)Identify and evaluate Californias successes and failures in protecting human rights of all individuals living within the state, including, but not limited to:
299+
300+
301+
302+(1)Californias sanctuary state policies and the status of the protection of rights of refugees, asylum seekers, and undocumented Californians.
303+
304+
305+
306+(2)The relationship between local government entities and agencies and marginalized communities, including the impact of local government entities and agencies actions and policies on the civil liberties of those marginalized communities.
307+
308+
309+
310+(3)The status of labor protections for marginalized populations throughout Californias workforce, including Californias migrant labor population.
311+
312+
313+
314+(4)The status of marginalized populations access to educational opportunities and the protection of human rights and civil liberties across Californias education system, from early childhood to higher education.
315+
316+
317+
318+(b)Determine statutory, regulatory, or budgetary solutions to better protect human rights across California, giving primary consideration to historically, and currently, marginalized populations.
319+
320+
321+
322+(c)(1)Report, at least annually, on the status of human rights to the Legislature and the Governors office, with statutory and regulatory recommendations for the Legislature to adopt.
323+
324+
325+
326+(2)A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795.
327+
328+
329+
330+(d)Develop specific projects, reports, campaigns, and recommendations as concerns that violate human rights arise.
331+
332+
333+
334+(e)Provide technical assistance to Members of the Legislature, the Governors office, and state agencies.
335+
336+
337+
338+(f)Coordinate with, and work with, existing government agencies and bodies in order to ensure complete intersectionality, and to close representational gaps, within state government.
339+
340+
341+
342+
343+
344+With respect to its duties in this chapter, the commission shall be an advisory commission only, and there shall be no right or obligation on the part of the state, or the parties meeting and conferring, to implement the findings of the commission without at least one of the following:
345+
346+
347+
348+(a)Further legislation subject to enactment that specifically authorizes that evaluations, determinations, and findings of the commission be implemented.
349+
350+
351+
352+(b)Regulations adopted by, and pursuant to the authority of, a state agency that specifically pull from the evaluations, determinations, and findings of the commission for implementation.
353+
354+
355+
356+(c)An executive order that specifically requires and authorizes the implementation of the evaluations, determinations, and findings of the commission.
357+
358+
359+
360+
361+
362+For purposes of this chapter, human rights are defined, enumerated, or set forth by, but not limited to, each of the following:
363+
364+
365+
366+(a)The California Constitution.
367+
368+
369+
370+(b)The United States Constitution.
371+
372+
373+
374+(c)The United Nations Universal Declaration of Human Rights.
375+
376+
377+
378+(d)Other critical human rights documents that the commission sees fit.
379+
380+
381+
382+
383+
384+(a)The California Commission on Human Rights Fund is hereby created in the General Fund to carry out this chapter and to support the commission, upon appropriation by the Legislature in the annual Budget Act.
385+
386+
387+
388+(b)Subject to the approval of the Department of Finance, all moneys collected or received by the commission from gifts, bequests, donations, or grant funds shall be deposited into the California Commission on Human Rights Fund, in accordance with the terms of the gift or donation from which the moneys derive and in accordance with Sections 8647, 11005, 11005.1, and 16302 of the Government Code.
389+
390+
391+
392+(c)The fund shall also be used to increase access to commission meetings, projects, and deliberations by community organizations and impacted members of the public in the form of travel reimbursement, contracted partnerships or grant programs, or in other ways the commission deems appropriate.
393+
394+
395+
396+
397+
398+This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.