Bill Text: CA SCA5 | 2013-2014 | Regular Session | Amended
Bill Title: Public education: student recruitment and selection.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Engrossed - Dead) 2014-03-17 - In Senate. Held at Desk. [SCA5 Detail]
Download: California-2013-SCA5-Amended.html
BILL NUMBER: SCA 5 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 30, 2013
INTRODUCED BY Senator Hernandez
( Principal coauthor: Assembly Member
Bradford )
( Coauthors: Senators Block,
De León, Lara, Leno, and
Steinberg )
( Coauthor: Assembly Member
Garcia )
DECEMBER 3, 2012
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 31
of Article I thereof, relating to public postsecondary
education.
LEGISLATIVE COUNSEL'S DIGEST
SCA 5, as amended, Hernandez. Public postsecondary
education: student recruitment and selection.
The California Constitution prohibits the state from
discriminating against, or granting preferential treatment to, any
individual or group on the basis of race, sex, color, ethnicity, or
national origin in the operation of public employment, public
education, or public contracting.
This measure would provide that the above prohibition
does not prevent state institutions of higher education, as defined,
from implementing student recruitment and selection programs
permissible under the equal protection clause of the 14th Amendment
to the United States Constitution eliminate this
prohibition on state discrimination or preference in the operation of
public education .
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its 2013-14 Regular Session
commencing on the third day of December 2012, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California, that the Constitution of the State be
amended as follows:
That Section 31 of Article I thereof is amended to read:
SEC. 31. (a) The State shall not discriminate against, or
grant preferential treatment to, any individual or group on the basis
of race, sex, color, ethnicity, or national origin in the operation
of public employment , public education, or public
contracting.
(b) This section shall apply only to action taken after the
section's effective date.
(c) Nothing in this This section
shall not be interpreted as prohibiting bona fide
qualifications based on sex which that
are reasonably necessary to the normal operation of public employment
, public education, or public contracting.
(d) Nothing in this This section
shall not be interpreted as invalidating any court order
or consent decree which that is in
force as of the effective date of this section.
(e) Nothing in this This
section shall not be interpreted as prohibiting action
which that must be taken to establish
or maintain eligibility for any federal program, where ineligibility
would result in a loss of federal funds to the State.
(f) For the purposes of this section, "State" shall include, but
not necessarily be limited to, the State itself, any city, county,
city and county, public university system, including the
University of California, community college district, school
district, special district, or any other political
subdivision or governmental instrumentality of or within the State.
"State" does not include the University of California or the
Public School System.
(g) The remedies available for violations of this section shall be
the same, regardless of the injured party's race, sex, color,
ethnicity, or national origin, as are otherwise available for
violations of then-existing California antidiscrimination law.
(h) This section shall be self-executing. If any part or parts of
this section are found to be in conflict with federal law or the
United States Constitution, the section shall be implemented to the
maximum extent that federal law and the United States Constitution
permit. Any provision held invalid shall be severable from the
remaining portions of this section.
That Section 31 of Article I thereof is
amended to read:
SEC. 31. (a) The State shall not discriminate against, or
grant preferential treatment to, any individual or group on the basis
of race, sex, color, ethnicity, or national origin in the operation
of public employment, public education, or public contracting.
(b) Notwithstanding subdivision (a), this section does not prevent
state institutions of higher education from implementing student
recruitment and selection programs that are permissible under the
equal protection clause of the Fourteenth Amendment to the United
States Constitution.
(c) This section shall apply only to action taken after the
section's effective date.
(d) This section shall not be interpreted as prohibiting bona fide
qualifications based on sex which are reasonably necessary to the
normal operation of public employment, public education, or public
contracting.
(e) This section shall not be interpreted as invalidating any
court order or consent decree that is in force as of the effective
date of this section.
(f) This section shall not be interpreted as prohibiting action
which must be taken to establish or maintain eligibility for any
federal program, if ineligibility would result in a loss of federal
funds to the State.
(g) (1) For the purposes of this section, "State" shall include,
but not necessarily be limited to, the State itself, any city,
county, city and county, public university system, including the
University of California, community college district, school
district, special district, or any other political subdivision or
governmental instrumentality of or within the State.
(2) For the purposes of this section, "state institutions of
higher education" shall mean: (A) the California Community Colleges;
(B) the California State University, and each campus, branch, and
function thereof; and (C) each campus, branch, and function of the
University of California.
(h) The remedies available for violations of this section shall be
the same, regardless of the injured party's race, sex, color,
ethnicity, or national origin, as are otherwise available for
violations of then-existing California antidiscrimination law.
(i) This section shall be self-executing. If any part or parts of
this section are found to be in conflict with federal law or the
United States Constitution, the section shall be implemented to the
maximum extent that federal law and the United States Constitution
permit. Any provision held invalid shall be severable from the
remaining portions of this section.
