Bill Text: CA SB31 | 2017-2018 | Regular Session | Amended

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

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Bill Title: California Religious Freedom Act: state agencies: disclosure of religious affiliation information.

Spectrum: Moderate Partisan Bill (Democrat 13-2)

Status: (Passed) 2017-10-15 - Chaptered by Secretary of State. Chapter 826, Statutes of 2017. [SB31 Detail]

Download: California-2017-SB31-Amended.html

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Amended  IN  Senate  January 24, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 31

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Introduced by Senator Lara

December 05, 2016

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An act to add Section 8310.3 to the Government Code, relating to state government.

LEGISLATIVE COUNSEL'S DIGEST

SB 31, as amended, Lara. State California Religious Freedom Act: state agencies: disclosure of religious affiliation information.

Existing law prohibits a state agency from including a question regarding an applicant‘s race, sex, marital status, or religion in any application form for employment.

This bill would prohibit a state or local agency or a public employee acting under color of law from providing or disclosing to the federal government personally identifiable information regarding a person’s religious affiliation beliefs, practices, or affiliation, as specified, when the information is sought for compiling a database of individuals based solely on religious affiliation. belief, practice or affiliation, national origin, or ethnicity for law enforcement or immigration purposes. The bill would also prohibit a state agency from using agency resources to assist with any government program compiling such a database, or from making state databases available in connection with an investigation or enforcement under such a program. The bill would prohibit state and local law enforcement agencies from collecting personally identifiable information on the religious beliefs, practices, or affiliation of any individual, except as part of a targeted investigation, or where necessary to provide religious accommodations. The bill would also prohibit law enforcement agencies from using agency or department moneys, facilities, property, equipment, or personnel to investigate, enforce, or assist in the investigation or enforcement of any criminal, civil, or administrative violation, or warrant for a violation, of any requirement that individuals register with the federal government or any federal agency based on religion, national origin, or ethnicity. The bill would also terminate, to the extent of any conflict, any existing agreements that make any agency or department information or database available in conflict with these provisions.

Digest Key

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

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Bill Text

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

SECTION 1.

 The Legislature finds and declares all of the following:

(a) In California, we celebrate the rich cultural heritage and diversity of our residents.

(b) Freedom of religion and protection from persecution on the basis of religion is one of the are founding ideals of our nation.

(c) California must uphold the protection of religious freedom enshrined in the United States Constitution for all of its people, and the state has a moral obligation to protect its citizens from religious persecution.

(d) Section 4 of Article I of the California Constitution guarantees the free exercise and enjoyment of religion without discrimination or preference.

SEC. 2.

 Section 8310.3 is added to the Government Code, to read:

8310.3.

 Notwithstanding (a) This section shall be known, and may be cited, as the California Religious Freedom Act.

(b) Notwithstanding any other law, a state or local agency or public employee acting under color of law shall not provide not:

(1) Provide or disclose to federal government authorities personal personally identifiable information regarding the religious beliefs, practices, or affiliation of any individual that is requested for the purpose of compiling a list, registry, or database of individuals based solely on religious affiliation. affiliation, national origin, or ethnicity.

(2) Use agency money, facilities, property, equipment, or personnel to assist in creation, implementation, or enforcement of any government program compiling a list, registry, or database of personally identifiable information about individuals based on religious belief, practice, or affiliation, or national origin or ethnicity, for law enforcement or immigration purposes.

(3) Make personally identifiable information from agency databases available, including any databases maintained by private vendors contracting with the agency, to anyone or any entity for the purpose of investigation or enforcement under any government program compiling a list, registry, or database of individuals based on religious belief, practice, or affiliation, or national origin or ethnicity for law enforcement or immigration purposes.

(c) Notwithstanding any other law, state and local law enforcement agencies shall not:

(1) Collect information on the religious belief, practice, or affiliation of any individual except (A) as part of a targeted investigation of an individual based on reasonable suspicion to believe that individual has engaged in criminal activity, and when there is a clear nexus between the criminal activity and the specific information collected about religious belief, practice, or affiliation, or (B) where necessary to provide religious accommodations.

(2) Use agency money, facilities, property, equipment, or personnel to investigate, enforce, or assist in the investigation or enforcement of any criminal, civil, or administrative violation, or warrant for a violation, of any requirement that individuals register with the federal government or any federal agency based on religion, national origin, or ethnicity.

(d) Any agreements in existence on the operative date of this section that make any agency or department information or database available in conflict with the terms of this chapter are terminated on that date to the extent of the conflict.

(e) Nothing in this section prohibits any state or local agency from sending to, or receiving from, any local, state, or federal agency, information regarding an individual’s citizenship or immigration status. “Information regarding an individual’s citizenship or immigration status, lawful or unlawful” for purposes of this section, shall be interpreted consistent with Sections 1373 and 1644 of Title 8 of the United States Code.

(f) Nothing in this section is intended to prevent any state or local agency from compiling aggregate nonpersonally identifiable information about religious belief, practice, or affiliation, national origin or ethnicity or from exchanging it with other local, state, or federal agencies.