BILL NUMBER: AB 2844 CHAPTERED
BILL TEXT
CHAPTER 581
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2016
APPROVED BY GOVERNOR SEPTEMBER 24, 2016
PASSED THE SENATE AUGUST 24, 2016
PASSED THE ASSEMBLY AUGUST 30, 2016
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN SENATE JUNE 20, 2016
AMENDED IN ASSEMBLY MAY 31, 2016
AMENDED IN ASSEMBLY APRIL 26, 2016
AMENDED IN ASSEMBLY APRIL 11, 2016
AMENDED IN ASSEMBLY MARCH 28, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Bloom
(Principal coauthors: Assembly Members Travis Allen, Gatto,
Levine, Medina, and Nazarian)
(Principal coauthors: Senators Allen, Block, Glazer, Hertzberg,
Jackson, and Wolk)
(Coauthors: Assembly Members Achadjian, Brough, Campos, Dababneh,
Holden, Olsen, Ting, and Waldron)
(Coauthor: Senator Anderson)
FEBRUARY 19, 2016
An act to add Section 2010 to the Public Contract Code, relating
to public contracts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2844, Bloom. Public contracts: discrimination.
Existing law governs the procurement process for contracts of
specified public entities. Existing law, the Unruh Civil Rights Act,
states that all persons within this state are free and equal and, no
matter what their sex, race, color, religion, ancestry, national
origin, disability, medical condition, genetic information, marital
status, sexual orientation, citizenship, primary language, or
immigration status, are entitled to full and equal accommodations,
advantages, facilities, privileges, or services in all business
establishments. 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,
abridgment, or harassment on account of race, religious creed,
color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status.
This bill would, with certain exceptions, require a person that
submits a bid or proposal to, or otherwise proposes to enter into or
renew a contract with, a state agency with respect to any contract in
the amount of $100,000 or more to certify, under penalty of perjury,
at the time the bid or proposal is submitted or the contract is
renewed that they are in compliance with the Unruh Civil Rights Act
and the California Fair Employment and Housing Act, and that any
policy that they have adopted against any sovereign nation or peoples
recognized by the government of the United States, including, but
not limited to, the nation and people of Israel, is not used to
discriminate in violation of the Unruh Civil Rights Act or the
California Fair Employment and Housing Act. By requiring a person to
certify under penalty of perjury, this bill would expand the
definition of a crime, thereby imposing 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 no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) California is a leader in protecting civil rights and
preventing discrimination.
(b) California's robust nondiscrimination laws include protections
on the basis of religion, race, national origin, sex, sexual
orientation, gender identity, gender expression, and disability,
among other characteristics.
(c) California's strong public policy against unlawful
discrimination is reflected in numerous statutes. The California Fair
Employment and Housing Act (Chapter 7 (commencing with Section
12960) of Part 2.8 of Division 3 of Title 2 of the Government Code)
and the Unruh Civil Rights Act (Section 51 of the Civil Code)
prohibit unlawful discrimination in employment, housing, public
accommodation, and services provided by business establishments on
the basis of certain personal characteristics, such as sex, race,
color, religion, ancestry, national origin, age, disability, medical
condition, genetic information, marital status, or sexual
orientation. Section 11135 of the Government Code specifically
prohibits unlawful discrimination on the basis of many of these same
characteristics in the conduct, operation, or administration of any
program or activity that is by the state or by any state agency,
funded directly by the state, or receives any financial assistance
from the state.
(d) California's Public Contract Code similarly affirms these
nondiscrimination policies and prohibits a state agency from entering
into certain contracts with any contractor unless the contractor
complies with all appropriate state laws concerning wages, workplace
safety, rights to association and assembly, and nondiscrimination
standards as well as appropriate federal laws.
(e) Both freedom of speech and religion are cornerstones of law
and public policy in the United States, and the Legislature strongly
supports and affirms these important freedoms.
(f) The exercise of one's First Amendment rights is not a
justification for engaging in acts of unlawful discrimination.
(g) California must take action to avoid supporting or financing
unlawful discrimination against protected classes.
(h) It is the policy of the State of California to promote
fairness and equality and to combat unlawful discrimination and if
California hopes to remain a national leader on behalf of these
communities, action must be taken to recognize that discriminatory
laws and policies are unacceptable for California's partners in
business.
(i) California has significant influence in the marketplace. The
state at times operates not as a market regulator, but as a market
participant, and in this latter role it may determine that companies
engaging in discriminatory actions in the conduct and operation of
their business adversely affects the state's procurement activities
and places the state in a position of supporting activities that
could be seen as a violation of the nondiscrimination policies of the
State of California.
(j) It is the intent of the Legislature to ensure that taxpayer
funds are not used to do business with or otherwise support any state
or private entity that engages in discriminatory actions against
individuals under the pretext of exercising First Amendment rights.
This includes, but is not limited to, discriminatory actions taken
against individuals of the Jewish faith under the pretext of a
constitutionally protected boycott or protest of the State of Israel.
(k) It is the intent of the Legislature to ensure that taxpayer
funds are not used to do business with or support discriminatory
actions against any individuals.
SEC. 2. Section 2010 is added to the Public Contract Code, to
read:
2010. A person that submits a bid or proposal to, or otherwise
proposes to enter into or renew a contract with, a state agency with
respect to any contract in the amount of one hundred thousand dollars
($100,000) or more shall certify, under penalty of perjury, at the
time the bid or proposal is submitted or the contract is renewed, all
of the following:
(a) That they are in compliance with the Unruh Civil Rights Act
(Section 51 of the Civil Code).
(b) That they are in compliance with the California Fair
Employment and Housing Act (Chapter 7 (commencing with Section 12960)
of Part 2.8 of Division 3 of Title 2 of the Government Code).
(c) (1) That any policy that they have against any sovereign
nation or peoples recognized by the government of the United States,
including, but not limited to, the nation and people of Israel, is
not used to discriminate in violation of the Unruh Civil Rights Act
(Section 51 of the Civil Code) or the California Fair Employment and
Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of
Division 3 of Title 2 of the Government Code).
(2) Any policy adopted by a person or actions taken thereunder
that are reasonably necessary to comply with federal or state
sanctions or laws affecting sovereign nations or their nationals
shall not be construed as unlawful discrimination in violation of the
Unruh Civil Rights Act (Section 51 of the Civil Code) or the
California Fair Employment and Housing Act (Chapter 7 (commencing
with Section 12960) of Part 2.8 of Division 3 of Title 2 of the
Government Code.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.