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| 1 | + | Amended IN Assembly June 16, 2022 Amended IN Senate March 09, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 647Introduced by Senator LairdFebruary 19, 2021An act to amend Section 51.1 of the Civil Code, relating to civil rights. An act to amend Section 18525 of the Government Code, relating to public employment.LEGISLATIVE COUNSEL'S DIGESTSB 647, as amended, Laird. Unruh Civil Rights Act: violations: service of process: Department of Fair Employment and Housing. Public employment: appointment.The State Civil Service Act regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Existing law defines appointment for purposes of the act as the offer to and acceptance by a person of a position in the state civil service.This bill, for appointments occurring on or after January 1, 2023, would define appointment to mean the date that a person begins work in a position in the state civil service. Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation. Existing law provides that if a violation of any of these specified civil rights is alleged or the application or construction thereof is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, each party shall serve a copy of the partys brief or petition and brief on the State Solicitor General at the Office of the Attorney General. This bill would additionally require each party to serve a copy of the partys brief on the Director of Fair Employment and Housing.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. Section 18525 of the Government Code is amended to read:18525. Appointment (a) For appointments prior to January 1, 2023, apointment means the offer to and acceptance by a person of a position in the State state civil service in accordance with this part.(b) For appointments beginning on or after January 1, 2023, appointment means the date that a person begins work in a position in the state civil service in accordance with this part.SECTION 1.Section 51.1 of the Civil Code is amended to read:51.1.If a violation of Section 51, 51.5, 51.7, 51.9, or 52.1 is alleged or the application or construction of any of these sections is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, each party shall serve a copy of the partys brief or petition and brief on the State Solicitor General at the Office of the Attorney General and on the Director of Fair Employment and Housing. A brief shall not be accepted for filing unless the proof of service shows service on the State Solicitor General and on the Director of Fair Employment and Housing. Any party failing to comply with this requirement shall be given a reasonable opportunity to cure the failure before the court imposes any sanction and, in that instance, the court shall allow the Attorney General and the Director of Fair Employment and Housing reasonable additional time to file a brief in the matter. | |
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| 3 | - | ||
| 3 | + | Amended IN Assembly June 16, 2022 Amended IN Senate March 09, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 647Introduced by Senator LairdFebruary 19, 2021An act to amend Section 51.1 of the Civil Code, relating to civil rights. An act to amend Section 18525 of the Government Code, relating to public employment.LEGISLATIVE COUNSEL'S DIGESTSB 647, as amended, Laird. Unruh Civil Rights Act: violations: service of process: Department of Fair Employment and Housing. Public employment: appointment.The State Civil Service Act regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Existing law defines appointment for purposes of the act as the offer to and acceptance by a person of a position in the state civil service.This bill, for appointments occurring on or after January 1, 2023, would define appointment to mean the date that a person begins work in a position in the state civil service. Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation. Existing law provides that if a violation of any of these specified civil rights is alleged or the application or construction thereof is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, each party shall serve a copy of the partys brief or petition and brief on the State Solicitor General at the Office of the Attorney General. This bill would additionally require each party to serve a copy of the partys brief on the Director of Fair Employment and Housing.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly June 16, 2022 Amended IN Senate March 09, 2021 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly August 11, 2022 | |
| 8 | 7 | Amended IN Assembly June 16, 2022 | |
| 9 | 8 | Amended IN Senate March 09, 2021 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Senate Bill | |
| 14 | 13 | ||
| 15 | 14 | No. 647 | |
| 16 | 15 | ||
| 17 | 16 | Introduced by Senator LairdFebruary 19, 2021 | |
| 18 | 17 | ||
| 19 | 18 | Introduced by Senator Laird | |
| 20 | 19 | February 19, 2021 | |
| 21 | 20 | ||
| 22 | - | An act to amend Section 18525 of the Government Code, relating to public employment. | |
| 21 | + | An act to amend Section 51.1 of the Civil Code, relating to civil rights. An act to amend Section 18525 of the Government Code, relating to public employment. | |
| 23 | 22 | ||
| 24 | 23 | LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | 25 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 26 | ||
| 28 | - | SB 647, as amended, Laird. Public employment: appointment. | |
| 27 | + | SB 647, as amended, Laird. Unruh Civil Rights Act: violations: service of process: Department of Fair Employment and Housing. Public employment: appointment. | |
| 29 | 28 | ||
| 30 | - | The State Civil Service Act regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Existing law defines appointment for purposes of the act as the offer to and acceptance by a person of a position in the state civil service.This bill, for appointments occurring on or after January 1, 2023, | |
| 29 | + | The State Civil Service Act regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Existing law defines appointment for purposes of the act as the offer to and acceptance by a person of a position in the state civil service.This bill, for appointments occurring on or after January 1, 2023, would define appointment to mean the date that a person begins work in a position in the state civil service. Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation. Existing law provides that if a violation of any of these specified civil rights is alleged or the application or construction thereof is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, each party shall serve a copy of the partys brief or petition and brief on the State Solicitor General at the Office of the Attorney General. This bill would additionally require each party to serve a copy of the partys brief on the Director of Fair Employment and Housing. | |
| 31 | 30 | ||
| 32 | 31 | The State Civil Service Act regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Existing law defines appointment for purposes of the act as the offer to and acceptance by a person of a position in the state civil service. | |
| 33 | 32 | ||
| 34 | - | This bill, for appointments occurring on or after January 1, 2023, bill would define appointment to mean the date that a person begins work in officially reports to work to a position in the state civil service. | |
| 33 | + | This bill, for appointments occurring on or after January 1, 2023, would define appointment to mean the date that a person begins work in a position in the state civil service. | |
| 34 | + | ||
| 35 | + | Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation. Existing law provides that if a violation of any of these specified civil rights is alleged or the application or construction thereof is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, each party shall serve a copy of the partys brief or petition and brief on the State Solicitor General at the Office of the Attorney General. | |
| 36 | + | ||
| 37 | + | ||
| 38 | + | ||
| 39 | + | This bill would additionally require each party to serve a copy of the partys brief on the Director of Fair Employment and Housing. | |
| 40 | + | ||
| 41 | + | ||
| 35 | 42 | ||
| 36 | 43 | ## Digest Key | |
| 37 | 44 | ||
| 38 | 45 | ## Bill Text | |
| 39 | 46 | ||
| 40 | - | The people of the State of California do enact as follows:SECTION 1. | |
| 47 | + | The people of the State of California do enact as follows:SECTION 1. Section 18525 of the Government Code is amended to read:18525. Appointment (a) For appointments prior to January 1, 2023, apointment means the offer to and acceptance by a person of a position in the State state civil service in accordance with this part.(b) For appointments beginning on or after January 1, 2023, appointment means the date that a person begins work in a position in the state civil service in accordance with this part.SECTION 1.Section 51.1 of the Civil Code is amended to read:51.1.If a violation of Section 51, 51.5, 51.7, 51.9, or 52.1 is alleged or the application or construction of any of these sections is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, each party shall serve a copy of the partys brief or petition and brief on the State Solicitor General at the Office of the Attorney General and on the Director of Fair Employment and Housing. A brief shall not be accepted for filing unless the proof of service shows service on the State Solicitor General and on the Director of Fair Employment and Housing. Any party failing to comply with this requirement shall be given a reasonable opportunity to cure the failure before the court imposes any sanction and, in that instance, the court shall allow the Attorney General and the Director of Fair Employment and Housing reasonable additional time to file a brief in the matter. | |
| 41 | 48 | ||
| 42 | 49 | The people of the State of California do enact as follows: | |
| 43 | 50 | ||
| 44 | 51 | ## The people of the State of California do enact as follows: | |
| 45 | 52 | ||
| 46 | - | SECTION 1. | |
| 53 | + | SECTION 1. Section 18525 of the Government Code is amended to read:18525. Appointment (a) For appointments prior to January 1, 2023, apointment means the offer to and acceptance by a person of a position in the State state civil service in accordance with this part.(b) For appointments beginning on or after January 1, 2023, appointment means the date that a person begins work in a position in the state civil service in accordance with this part. | |
| 47 | 54 | ||
| 48 | - | SECTION 1. It is the intent of Legislature in enacting this act is that the definition of appointment apply to all current and future employees. It is the intent of the Legislature that this act codify the current state practice that the date of a civil service appointment is interpreted to be the date that a person officially reports to work or the date designated by the appointing authority, whichever is earlier. | |
| 49 | - | ||
| 50 | - | SECTION 1. It is the intent of Legislature in enacting this act is that the definition of appointment apply to all current and future employees. It is the intent of the Legislature that this act codify the current state practice that the date of a civil service appointment is interpreted to be the date that a person officially reports to work or the date designated by the appointing authority, whichever is earlier. | |
| 55 | + | SECTION 1. Section 18525 of the Government Code is amended to read: | |
| 51 | 56 | ||
| 52 | 57 | ### SECTION 1. | |
| 53 | 58 | ||
| 54 | - | ||
| 59 | + | 18525. Appointment (a) For appointments prior to January 1, 2023, apointment means the offer to and acceptance by a person of a position in the State state civil service in accordance with this part.(b) For appointments beginning on or after January 1, 2023, appointment means the date that a person begins work in a position in the state civil service in accordance with this part. | |
| 55 | 60 | ||
| 56 | - | ||
| 61 | + | 18525. Appointment (a) For appointments prior to January 1, 2023, apointment means the offer to and acceptance by a person of a position in the State state civil service in accordance with this part.(b) For appointments beginning on or after January 1, 2023, appointment means the date that a person begins work in a position in the state civil service in accordance with this part. | |
| 57 | 62 | ||
| 58 | - | ### SECTION 1.SEC. 2. | |
| 59 | - | ||
| 60 | - | 18525.(a)For appointments prior to January 1, 2023, apointment means the offer to and acceptance by a person of a position in the state civil service in accordance with this part.(b)For appointments beginning on or after January 1, 2023, appointment means the date that a person begins work in a position in the state civil service in accordance with this part.18525. Appointment means the date that a person officially reports to work to a position in state civil service or the date designated by the appointing authority, whichever is earlier, in accordance with this part. | |
| 63 | + | 18525. Appointment (a) For appointments prior to January 1, 2023, apointment means the offer to and acceptance by a person of a position in the State state civil service in accordance with this part.(b) For appointments beginning on or after January 1, 2023, appointment means the date that a person begins work in a position in the state civil service in accordance with this part. | |
| 61 | 64 | ||
| 62 | 65 | ||
| 63 | 66 | ||
| 64 | - | (a)For appointments prior to January 1, 2023, apointment means the offer to and acceptance by a person of a position in the state civil service in accordance with this part. | |
| 65 | - | ||
| 66 | - | ||
| 67 | + | 18525. Appointment (a) For appointments prior to January 1, 2023, apointment means the offer to and acceptance by a person of a position in the State state civil service in accordance with this part. | |
| 67 | 68 | ||
| 68 | 69 | (b) For appointments beginning on or after January 1, 2023, appointment means the date that a person begins work in a position in the state civil service in accordance with this part. | |
| 69 | 70 | ||
| 70 | 71 | ||
| 71 | 72 | ||
| 72 | - | 18525. Appointment means the date that a person officially reports to work to a position in state civil service or the date designated by the appointing authority, whichever is earlier, in accordance with this part. | |
| 73 | 73 | ||
| 74 | - | 18525. Appointment means the date that a person officially reports to work to a position in state civil service or the date designated by the appointing authority, whichever is earlier, in accordance with this part. | |
| 75 | 74 | ||
| 76 | - | 18525. Appointment means the date that a person officially reports to work to a position in state civil service or the date designated by the appointing authority, whichever is earlier, in accordance with this part. | |
| 77 | - | ||
| 78 | - | 18525. Appointment means the date that a person officially reports to work to a position in state civil service or the date designated by the appointing authority, whichever is earlier, in accordance with this part. | |
| 75 | + | If a violation of Section 51, 51.5, 51.7, 51.9, or 52.1 is alleged or the application or construction of any of these sections is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, each party shall serve a copy of the partys brief or petition and brief on the State Solicitor General at the Office of the Attorney General and on the Director of Fair Employment and Housing. A brief shall not be accepted for filing unless the proof of service shows service on the State Solicitor General and on the Director of Fair Employment and Housing. Any party failing to comply with this requirement shall be given a reasonable opportunity to cure the failure before the court imposes any sanction and, in that instance, the court shall allow the Attorney General and the Director of Fair Employment and Housing reasonable additional time to file a brief in the matter. |