Current Legislation

Legislative Updates

Following are short descriptions of recent legislation signed by Governor Schwarzenegger. It is the intent of the Office of Employee Relations and Compliance (OERC) to provide an informational overview of some of the bills signed during the past year that relates to diversity and equity issues and may be of interest to the SDSU community. Also listed are bills currently in session for this fiscal year. You are encouraged to read the entire text of any bill by visiting the State Legislature’s Web site <http://www.leginfo.ca.gov/bilinfo.html>.

Signed Bills 2009

AB 386 Public Postsecondary Education: Instructional Materials: Disabled Students. This bill would require publishers, as defined, to provide a captioned format of instructional materials, as defined, or an electronic format of those materials and a license to create a captioned format of the materials, upon request by a public postsecondary educational institution, and would authorize the public postsecondary educational institution to create a captioned format, subject to prescribed conditions, if the publisher provides a license to create the captioned format or fails to respond to a request for a captioned format. The bill would prescribe various requirements with respect to use and distribution of captioned formats of instructional materials by public postsecondary educational institutions that choose to participate in the request process. The bill would also make conforming changes. (signed 10/11/2009)

AB 1093 Workers' Compensation. Existing workers' compensation law generally requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, and in the course of, employment. This bill would provide that for purposes of determining whether to grant or deny a workers' compensation claim, if an employee is injured or killed by a 3rd party in the course of the employee's employment, no personal relationship or personal connection shall be deemed to exist between the employee and the 3rd party based only on a determination that the 3rd party injured or killed the employee solely because of the 3rd party's personal beliefs relating to his or her perception of the employee's race, religious creed, color, national origin, age, gender, disability, sex, or sexual orientation. (signed 10/11/2009)

AB 1227 Workers' Compensation: Public Employees: Leaves of Absence. Existing workers' compensation law requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, and in the course of, employment. Existing law generally provides that whenever certain public employees who are members of the Public Employees' Retirement System or subject to the County Employees Retirement Law of 1937 are disabled, whether temporarily or permanently, by injury or illness arising out of, and in the course of, their duties, they are required to become entitled, regardless of their period of service with the public employer, to a leave of absence while so disabled without loss of salary in lieu of temporary disability payments or maintenance allowance payments, if any, that would be payable for the period of disability, but not exceeding one year, or until that earlier date as he or she is retired on permanent disability pension, and is actually receiving disability pension payment, or certain advanced disability pension payment. This bill would, for purposes of these provisions, require that these employees be employed on a regular, full-time basis, but would eliminate the requirement that these employees be members of the Public Employees' Retirement System or subject to the County Employees Retirement Law of 1937. (signed 10/11/2009)

ACR 3 Cesar Chavez Day. This measure would recognize March 31, 2009, as the anniversary of the birth of Cesar Chavez, and would call upon all Californians to participate in appropriate observances to remember Cesar Chavez as a symbol of hope and justice to all persons.(chaptered 09/16/2009 — Chapter 97)

ACR 42 Chinese Americans in California. This measure would acknowledge the history of the Chinese in California, recognize the contributions made to the State of California by Chinese Americans and Chinese immigrants, and express regret for past discriminatory laws and constitutional provisions which resulted in the persecution of Chinese living in California.(chaptered 07/17/2009 — Chapter 79)

ACR 55 Relative to workplace bullying training at the University of California. University of California: workplace bullying: supervisor training. This measure would urge the University of California to provide training to its supervisory employees regarding the prevention of workplace bullying, abuse, and harassment by January 1, 2011, and again every 2 years thereafter. The Legislature of the State of California urges the University of California to provide two hours of workplace bullying, abuse, and harassment training and education to all of its supervisory employees by January 1, 2011, and once again every two years thereafter; and the Legislature urges the University of California to incorporate the workplace bullying, abuse, and harassment training and education into the 80 hours of training provided to all new supervisory employees pursuant to subdivision (b) of Section 19995.4 of the Government Code, using existing resources; and the Legislature urges the University of California to include practical examples in the training that are aimed at instructing supervisors in the prevention of workplace bullying, abuse, and harassment; and the Legislature urges that the training be presented by trainers or educators with knowledge and expertise in the prevention of workplace bullying.

ACR 76 Day of Inclusion. This measure would acknowledge December 17 each year as an annual "Day of Inclusion" in recognition and appreciation of the priceless contributions of all immigrants to the greatness of the United States and California.(chaptered 09/23/2009 - Chapter 108)

AJR 32 Gender discrimination. This measure would memorialize the United States Senate to ratify, and the President to sign, the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, and would memorialize the Congress of the United States and the President to enact appropriate legislation that addresses the concerns expressed in this measure.

SB 188 Temporary restraining orders: private postsecondary institutions. This bill would similarly authorize any chief administrative officer of a private postsecondary educational institution, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, a student of which has suffered a credible threat of violence made off the school campus or facility from any individual, which can reasonably be construed to be carried out or to have been carried out at the school campus or facility, to, with the written consent of the student, seek a temporary restraining order and an injunction, on behalf of the student and, at the discretion of the court, any number of other students at the campus or facility, as specified. The bill would provide that any intentional and knowing violation of the temporary restraining order is a misdemeanor, punishable as specified. By creating new duties for local law enforcement officials and expanding the scope of an existing crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(chaptered 10/11/2009 — Chapter 566)

SB 359 Records: disclosure exemptions. Existing law, the California Public Records Act, requires each state and local agency, as defined, to make its records open to public inspection at all times during office hours, except as specifically exempted from disclosure by law. The act specifically exempts from disclosure records that are exempted or prohibited from disclosure by federal or state law and lists records subject to that exemption, specifying that the listed exemptions are not inclusive of all exemptions under the act. This bill would revise the list of exempted records to reflect changes in existing law. This bill would incorporate additional changes to Section 6276.24 of the Government Code, proposed by AB 1540, to be operative only if AB 1540 and this bill are enacted, both bills amend Section 6276.24 of the Government Code, and this bill is enacted after AB 1540. (chaptered 10/11/2009 — Chapter 584)

SB 367 Discrimination. The Unruh Civil Rights Act provides that all persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. This bill would provide that any discount or other benefit offered to, or conferred on, a consumer or prospective consumer by a business because the consumer or prospective consumer has suffered the loss or reduction of employment or reduction of wages would not be considered an arbitrary discrimination in violation of that act. This bill would declare that it is to take effect immediately as an urgency statute. (chaptered 11/02/2009 — Chapter 641)

SCR 17 Irish American Heritage Month. This measure would designate March 2009 as Irish American Heritage Month in honor of the multitude of contributions that Irish Americans have made to the country and state. Be it resolved by the Senate of the State of California, the Assembly thereof concurring, that the Legislature, in honor of the multitude of contributions that Irish Americans have made to make this a better country and state for all people, designates March 2009 to be Irish American Heritage Month in California and calls upon the people of the state to observe the month of March with appropriate ceremonies, programs, and activities, especially on March 17, since everyone is Irish on St. Patrick's Day. (chaptered 06/02/2009 — Chapter 43)

Proposed Legislation 2009/2010

AB 352 Public records: California Interscholastic Federation. The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless they are exempt from disclosure. Existing law describes the California Interscholastic Federation (CIF), provides the intent of the Legislature regarding its policies, and requires it to report specified information to the Legislature by January 1, 2010. This bill would additionally declare the intent of the Legislature regarding the compliance of the CIF with the California Public Records Act, including the segregation and redaction of private information in specified records in response to a California Public Records Act request.

AB 793 Employment: discrimination. Existing law contains provisions that define unlawful discrimination and employment practices and establish procedures for an employee who has suffered discrimination or other unlawful practices, as defined, to file a complaint with the Fair Employment and Housing Department, or under certain circumstances, to bring a civil action against his or her employer. This bill would specify when a cause of action for unlawful discrimination or unlawful employment practice with respect to compensation accrues for determining whether a complaint was filed within statutory deadlines.

AB 1001 Employment: familial status protection. Existing law, the California Fair Employment and Housing Act, protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. This bill would include “familial status” as an additional basis upon which the right to seek, obtain, and hold employment cannot be denied. The bill would, for employment purposes, define “familial status” as having or providing care for a child, domestic partner, grandchild, grandparent, parent, parent-in-law, sibling, or spouse.

AB 1112 Public contracts: California State University: service contracts: foreign countries. Existing law establishes the California State University under the administration of the Trustees of the California State University. Existing law, known as the California State University Contract Law sets forth a process through which contracts for projects, as defined, that are entered into with respect to the California State University may be competitively bid, entered into, and executed. This bill would authorize the trustees to enter into a contract with the government of a foreign country to provide the services of California State University staff or personnel in that foreign country. The bill would require that any contract entered into by the trustees and the government of a foreign country, to the extent permitted by federal law, contain the following clauses: (1) a clause requiring that a contractor and its subcontractors shall be required to maintain a workplace that is free from harassment and discrimination against any employee on the basis of sex, sexual orientation, race, color, ancestry, religious creed, national origin, mental disability, physical disability, medical condition, age, marital status, or use of family care leave, (2) a clause requiring that a contractor and its subcontractors shall provide written assurance that they will comply with specified nondiscrimination laws and regulations in the contract, (3) a clause requiring that a contractor and any subcontractor subject to the requirements of the bill shall provide specified written notice to any labor organizations with which the contractor or subcontractor has a collective bargaining or other labor agreement, and (4) a clause requiring either that the foreign country make a specified waiver or that the contract is subject to specified laws.

AB 1230 Public postsecondary education: policies prohibiting online harassment. (1) Existing law establishes the 3 segments of public postsecondary education in this state. These 3 segments are the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges. Existing law requires the Regents of the University of California, the Trustees of the California State University, and the governing board of each community college district to adopt or provide for the adoption of specific rules and regulations governing student behavior. This bill would require the board of governors of each community college district and the Trustees of the California State University, and request the Regents of the University of California to include in their rules and regulations governing student behavior, rules and regulations prohibiting online harassment, as defined. By imposing requirements on the governing boards of community college districts, the bill would impose a state-mandated local program. The bill would also require each institution to report to the Legislature annually regarding the rules and regulations adopted regarding online harassment. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

AB 1680 Civil rights: waiver of rights. Existing civil rights provisions provide that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of position in a labor dispute, or sex, race, color, religion, ancestry, national origin, disability, or medical condition, or because another person perceives them to have one or more of those characteristics. Those civil rights provisions provide civil remedies for violations of their provisions. This bill would prohibit a person from requiring a waiver of the protections afforded under those provisions as a condition of entering into a contract for the provision of goods or services, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Attorney General or any other public prosecutor, or law enforcement agency, the Department of Fair Employment and Housing, or any court or other governmental entity. This bill would require any waiver of the protections afforded under those provisions to be knowing and voluntary, and in writing, and expressly not made as a condition of entering into the contract or as a condition of providing or receiving goods or services. This bill would provide that any person seeking the enforcement of a waiver of the protections afforded under those civil rights provisions shall have the burden of proving that the waiver was knowing and voluntary and not made as a condition of the contract or of providing or receiving the goods or services. The bill’s provisions would apply to contracts entered into, removed, altered, modified, or extended on and after January 1, 2011. This bill would include legislative findings and declarations with respect to the public policy underlying its provisions.

AB 1814 Discrimination in employment. Existing law, the Fair Employment and Housing Act (FEHA), protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. FEHA provides that it does not prohibit an employer from refusing to employ an individual because of his or her age if the law compels or provides for that refusal. This bill would provide that FEHA does not prohibit an employer from providing health benefits or health care reimbursement plans to retired persons that are altered, reduced, or eliminated when the retiree becomes eligible for Medicare benefits.

AB 2773 Civil actions: costs. Existing law provides that a prevailing party is entitled as a matter of right to recover costs in any action or proceeding, and specifies those items allowable as costs. Existing law provides that costs, or any portion of claimed costs, shall be as determined by the court, in its discretion, in a case other than a limited civil case, if the prevailing party recovers a judgment that could have been rendered in a limited civil case. This bill would exempt from that latter provision an action brought under a specified provision of the Fair Employment and Housing Act alleging an unlawful practice.

ACR 55 University of California: workplace bullying: supervisor training. This measure would urge the University of California to provide training to its supervisory employees regarding the prevention of workplace bullying, abuse, and harassment by January 1, 2011, and again every 2 years thereafter.

SB 195 Equity in Higher Education Act. (1) Existing law, the Equity in Higher Education Act, provides that it is the policy of the state to afford all persons, regardless of disability, gender, nationality, race or ethnicity, religion, sexual orientation, or other specified bases, equal rights and opportunities in the postsecondary institutions of the state. The act requires a postsecondary educational institution, as defined, prior to the receipt of any state financial assistance or state student financial aid, to provide assurance to the agency administering the funds that each program or activity conducted by the institution will be conducted in compliance with the act and all other applicable provisions of state law prohibiting discrimination on the basis of sex. The act permits a postsecondary educational institution to provide a single assurance, not more than one page in length and signed by an appropriate responsible official of the institution, for all programs and activities conducted by the institution. This bill would additionally require a postsecondary educational institution to provide assurance that each program and activity conducted by the institution will be conducted in compliance with applicable provisions of federal law prohibiting discrimination on the basis of sex. The bill would require the assurance provided by the postsecondary educational institution to be signed by specified officers of the institution, would require the assurance to apply to all programs and activities, including, but not limited to, academic and athletic programs, and would delete the one-page limit on the assurance. The bill would require that assurance to include specified information regarding compliance with the act. The bill would require that information to be available for public inspection, upon request. The bill would provide for a civil penalty for a false declaration of specified matters required by these provisions. The bill would authorize any person to bring a civil action in the public interest to recover the civil penalty. The bill would require 50% of a civil penalty collected pursuant to these provisions to be deposited in the General Fund and 50% of the penalty to be paid to the person who brought the civil action. Because this bill would impose new requirements on community college districts under the act, it would constitute a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

SB 248 Educational equity: Title IX. (1) Existing law prohibits discrimination on the basis of disability, gender, nationality, race or ethnicity, religion, sexual orientation, or other specified characteristics, in any program or activity conducted by an educational institution, as defined, that receives, or benefits from, state financial assistance or enrolls pupils who receive state student financial aid. Existing law prohibits public funds from being used in connection with any athletic program conducted under the auspices of the governing board of a school district or a student organization with the district that does not provide equal opportunity to both sexes for participation and for use of facilities. Existing law lists the rights that are based on the relevant provision of the federal regulations implementing the federal law prohibiting discrimination on the basis of sex in education programs and activities (Title IX) and requires the State Department of Education to post that list on its Internet Web site. This bill would require a school district, the president or chief executive officer of a community college campus, and the president of a campus of the California State University, by July 1, 2010, to place on their respective Internet Web sites the list of rights accorded to students under Title IX. The bill would request the chancellor of each campus of the University of California also to place the list of those rights on its campus Internet Web site by July 1, 2010. By requiring school districts and community college campuses to post this information on their respective Internet Web sites, the bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Office of Employee Relations & Compliance