Bill Text: CA AB1079 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Discrimination: Public engagement.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Vetoed) 2024-01-29 - Consideration of Governor's veto stricken from file. [AB1079 Detail]

Download: California-2023-AB1079-Amended.html

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Amended  IN  Assembly  March 30, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1079

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Introduced by Assembly Member Jackson

February 15, 2023

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An act to add Chapter 5 (commencing with Section 131360) to Part 1 of Division 112 of the Health and Safety Code, and to add Section 12931.5 to the Government Code, relating to discrimination.

LEGISLATIVE COUNSEL'S DIGEST

AB 1079, as amended, Jackson. Discrimination: Public engagement.

Existing law establishes the State Department of Public Health and prescribes its duties and organization. Existing law defines a “hate crime” as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, disability, gender, nationality, race or ethnicity, religion, and sexual orientation.

This bill, no later than July 1, 2025, would require the department to establish a Hate Crimes Intervention Unit to implement research-based community interventions in conjunction with community leaders and organizations in communities where a hate crime has been confirmed by the Department of Justice. The bill would direct the department to determine the cost of the unit and to submit a budget change proposal no later than September 15, 2024, for inclusion in the Governor’s 2025–26 fiscal year budget proposal.

Existing law, the California Fair Employment and Housing Act, establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of civil rights laws and assistance to communities in resolving disputes, disagreements, or difficulties relating to discriminatory practices.

This bill, no later than July 1, 2025, would establish the California Ad Council within the Civil Rights Department to create and distribute statewide and regional radio, social media, and television campaigns for the purposes of discouraging discrimination. The bill would direct the department to determine the cost of the unit council and to submit a budget change proposal no later than September 15, 2024, for inclusion in the Governor’s 2025–26 fiscal year budget proposal.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Chapter 5 (commencing with Section 131360) is added to Part 1 of Division 112 of the Health and Safety Code, to read:

CHAPTER  5. Antidiscrimination Intervention Act

131360.

 (a) No later than July 1, 2025, the State Department of Public Health shall establish a Hate Crimes Intervention Unit. This unit shall have responsibility for implementing research-based community interventions in conjunction with community leaders and organizations in communities where a hate crime has been confirmed by the Department of Justice.

(b) The State Department of Public Health shall determine the cost to implement the unit and shall, no later than September 15, 2024, submit a budget change proposal to the Department of Finance for inclusion in the Governor’s Budget for the 2025–26 fiscal year.

SEC. 2.

 Section 12931.5 is added to the Government Code, to read:

12931.5.

 (a) No later than July 1, 2025, the department shall establish the California Ad Council for the purposes of creating and implementing statewide and regional radio, social media, and television campaigns to discourage discrimination based upon, but not limited to, disability, gender, nationality, race or ethnicity, religion, or sexual orientation.

(b) The council shall be composed of 11 members, as follows: members.

(1) The members of the council shall be appointed as follows:

(1)(A)

(A) Nine members who expertise specializing with expertise in the field of marketing and messaging, specifically on topics germane to this council, and who shall reflect the geographic and demographic diversity of the state. Members shall be appointed as follows:

(i) Three members appointed by the Governor.

(ii) Three members appointed by the Speaker of the Assembly.

(iii) Three members appointed by the President pro Tempore of the Senate.

(B)The members appointed pursuant to this paragraph shall receive reimbursement for per diem and expenses while engaged in commission activities.

(C)The members appointed pursuant to this paragraph shall not be members of the Legislature.

(2)

(B) One member of the Assembly, appointed by the Speaker of the Assembly, who shall serve on the commission council as an ex officio member without vote and shall participate in the activities of the commission council to the extent that their participation is not inconsistent with their legislative duties.

(3)

(C) One member of the Senate, appointed by the President pro Tempore of the Senate, who shall serve on the commission council as an ex officio member without vote and shall participate in the activities of the commission council to the extent that their participation is not inconsistent with their legislative duties.

(2) A member appointed pursuant to subparagraph (A) of paragraph (1) shall not be a member of the Legislature.

(3) A member appointed pursuant to subparagraph (A) of paragraph (1) shall receive a per diem of one hundred dollars ($100) for each public meeting of the council that they attend and shall be entitled to expenses actually and necessarily incurred in the performance of their duties. An ex officio member appointed pursuant to subparagraph (B) or (C) of paragraph (1) is not entitled to a per diem or reimbursement.

(c) The percentage of ads focused on combating hate crimes violence against a specific protected group community with a common protected characteristic that are created, distributed, and created and distributed shall be based on the rate of hate crimes committed against each protected group community with a common protected characteristic as determined by the most recent Hate Crime in California report released by the Attorney General. General or other reliable and more accurate data on hate violence.

(d) The department shall determine the cost to implement the California Ad Council council and shall, no later than September 15, 2024, submit a budget change proposal to the Department of Finance for inclusion in the Governor’s Budget for the 2025–26 fiscal year.