SB 559

Bill Subjects

Abstract

The Unruh Civil Rights Act generally prohibits business establishments from discriminating on specified bases. The California Fair Employment and Housing Act (FEHA) prohibits discrimination in housing and employment on specified bases. Existing law prohibits discrimination on specified bases against any person in any program or activity conducted, operated, or administered by the state or by any state agency, or that is funded directly by the state, or that receives any financial assistance from the state. This bill would further prohibit discrimination under the above-described provisions on the basis of genetic information, would define that term, and would making conforming changes. By expanding the bases upon which discrimination is prohibited under the above-described provisions to include genetic information, this bill would, except as specified, also expand the bases upon which discrimination is prohibited under other antidiscrimination provisions that prohibit discrimination on the same bases as provided for in the above-described provisions. Other antidiscrimination provisions include provisions pertaining to the provision of emergency services. Specifically, existing law prohibits the provision of emergency services and care in a health facility from being based upon, or affected by, among other things, any characteristic listed or defined in the Unruh Civil Rights Act. Additionally, existing law provides that as a condition of licensure, each hospital is required to adopt a policy prohibiting discrimination in the provision of emergency services and care based on, among other things, any characteristic listed or defined in the Unruh Civil Rights Act. A violation of these provisions is a misdemeanor. By adding genetic information to the list of characteristics listed in the Unruh Civil Rights Act, this bill would expand the bases upon which a health facility may not discriminate in the provision of emergency services. By expanding the definition of a crime, this bill would impose a state-mandated local program. Under FEHA, a person who holds an ownership interest of record in property that he or she believes is the subject of an unlawfully restrictive covenant based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry, may record a Restrictive Covenant Modification, which existing law requires include a copy of the original document with the illegal language stricken. Before recording the modification document, existing law requires the county recorder to submit the modification document and the original document to the county counsel who is required to determine whether the original document contains an unlawful restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry. This bill would require the county counsel, additionally, to determine if there exists an unlawful restriction based on genetic information after county counsel receives the modification document and the original document from the county recorder. Under existing law, a county recorder, title insurance company, escrow company, real estate broker, real estate agent, or association that provides a copy of a declaration, governing document, or deed to any person is required to place a cover page or stamp on the previously recorded document stating that if the document contains an unlawful restriction, that restriction is void and may be removed by recording a Restrictive Covenant Modification. The bill would modify the information the county recorder is required to provide on the above-described cover page or stamp to reflect the changes this bill would make in prohibiting restrictions on the basis of genetic information. This bill would incorporate additional changes to Section 51 of the Civil Code, Section 3228 of the Education Code, and Sections 12920, 12921, 12926, 12930, 12931, 12935, 12940, 12944, 12955, 12955.8, 12956.1, and 12956.2 of the Government Code, proposed by AB 887, to be operative only if AB 887 and this bill are both enacted, both bills become effective on or before January 1, 2012, and this bill is enacted last. By creating new duties for county counsel and county recorders, this 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.