The Unruh Civil Rights Act generally prohibits business establishments from discriminating on the basis of sex, race, color, religion, ancestry, national origin, disability, or medical condition. The act provides civil remedies for violations of its provisions. Under the California Fair Employment and Housing Act, it is an unlawful employment practice for an employer to adopt or enforce a policy that prohibits the use of any language in the workplace, except if that policy is justified by business necessity, as defined, and prescribed notice of the policy and consequences for violation of the policy is given to employees. This bill would make it a violation of the Unruh Civil Rights Act to adopt or enforce a policy that requires, limits, or prohibits the use of any language in or with a business establishment, unless the policy is justified by a business necessity, as defined, and notification has been provided to persons subject to the language restriction or requirement of the circumstances and the time when the language restriction or requirement is to be observed and of the consequences for its violation. The bill would define business necessity to require, among other things, that the language restriction or requirement is necessary for the safe and efficient operation of the business and that an equally effective, but less discriminatory, alternative practice does not exist. The bill would provide for an award of damages, and attorney's fees as may be determined by the court, for a violation of its provisions.
Sponsored bills
This measure would designate February 27, 2012, as California Day of Remembrance for the Massacres of Armenians in Sumgait, Kirovabad, and Baku, and would call upon the people of California to use vigilance to promote greater tolerance in Azerbaijan and ensure the peaceful settlement of the Nagorno Karabakh conflict while protecting the security of the Armenians in the Nagorno Karabakh Republic.
Existing law, the Compassionate Use Act of 1996, an initiative statute enacted by the approval of Proposition 215 at the November 6, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law enacted by the Legislature requires the establishment of a program for the issuance of identification cards to qualified patients so that they may lawfully use marijuana for medical purposes, and requires the establishment of guidelines for the lawful cultivation of marijuana grown for medical use. This bill would make findings and declarations regarding medical marijuana, and provide that it is the intent of the Legislature to improve the Compassionate Use Act of 1996 and the state's medical marijuana program by establishing a comprehensive and multidisciplinary commission that is empowered to address issues regarding the legality and implementation of the Compassionate Use Act of 1996 and the state's medical marijuana law. Existing law provides that nothing in the Compassionate Use Act of 1996 authorizes a qualified patient or person with an identification card to engage in the smoking of medical marijuana under any of certain specified circumstances, including within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence. This bill would revise that prohibition to provide that nothing in the Compassionate Use Act of 1996 authorizes a qualified patient or person with an identification card to engage in the smoking of medical marijuana under any of those specified circumstances, including within 600 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence or within a medical marijuana cooperative, collective, or dispensary.
Existing law establishes an adopted course of study for grades 7 to 12, inclusive. Existing law establishes the Curriculum Development and Supplemental Materials Commission and requires the commission to recommend to the State Board of Education the adoption of minimum standards for courses of study in preschool, kindergarten, elementary, and secondary schools. This bill would require the state board and the commission to include suicide prevention instruction and mental illness awareness instruction in the health education framework for pupils in grades 7 to 12, inclusive, during the next revision of that framework. The bill would also require the state board and the commission to include suicide prevention instruction and mental health illness awareness instruction in the health education evaluation criteria for pupils in grades 7 and 8 during that revision. The bill would authorize a school district, commencing with the 2012–13 school year, to provide suicide prevention instruction and mental illness awareness instruction to pupils in grades 7 to 12, inclusive.
Under existing law, the family temporary disability insurance program provides up to 6 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, domestic partner, or to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption. These benefits are payable for family temporary disability leaves that begin on and after July 1, 2004. This bill would expand the scope of the family temporary disability program to include time off to care for a seriously ill grandparent, grandchild, sibling, or parent-in-law, as defined. The bill would also make conforming and clarifying changes in provisions relating to family temporary disability compensation, and would become operative on July 1, 2012. Under existing law, workers are required to pay contributions to the Unemployment Compensation Disability Fund, a special fund in the State Treasury, and those funds are continuously appropriated for the purpose of providing disability benefits and making payment of expenses in administering those provisions. This bill, by authorizing expenditure of money in the Unemployment Compensation Disability Fund for a new purpose, would make an appropriation.
Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would, on and after July 1, 2012, impose a tax on every distributor, as defined, for the privilege of distributing in this state bottled sweetened beverages, at a rate of $0.01 per fluid ounce and for the privilege of distributing concentrate in this state, either as concentrate or as sweetened beverages derived from that concentrate, at the rate of $0.01 per fluid ounce of sweetened beverage to be produced from concentrate. The tax would be administered by the State Board of Equalization and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. This bill would exempt from the tax, among other things, the distribution in this state of bottled sweetened beverages or concentrate made by a distributor to another distributor registered with the board and supported by an exemption certificate that consists of a statement signed under penalty of perjury. By expanding the definition of the existing crime of perjury and by expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill imposes a state-mandated local program. The bill would require the board to deposit all taxes, penalties, and interest collected, less refunds and administrative costs, in the Children's Health Promotion Fund, which this bill would create. This bill would require all moneys in the fund, upon appropriation by the Legislature, to be allocated to the State Department of Public Health and Superintendent of Public Instruction, as specified, for the purposes of statewide childhood obesity prevention activities and programs. This bill would also authorize the Director of the State Department of Public Health and the Superintendent of Public Instruction to make rules and regulations, and provide procedural measures, to bring into effect those purposes. This bill would make legislative findings and declarations relating to the consumption of sweetened beverages, childhood obesity, and dental disease. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. 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 Sherman Food, Drug, and Cosmetic Law makes it unlawful to manufacture, sell, deliver, hold, or offer for sale, any food that is misbranded. Food is misbranded if its labeling does not conform to specified federal labeling requirements regarding nutrition, nutrient content or health claims, and food allergens. Violation of this law is a misdemeanor. This bill would state the intent of the Legislature to enact legislation to require the labeling of all genetically engineered salmon entering and sold within the state. This bill would provide that food is misbranded if the food is a genetically engineered fish or fish product, as defined, and its labeling does not conspicuously identify the fish or fish product as genetically engineered. This bill would make related findings. By changing the definition of a crime, 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 no reimbursement is required by this act for a specified reason.
Existing law requires that every person who plants, cultivates, harvests, dries, or processes any marijuana, or any part thereof, except as otherwise provided by law, be punished by imprisonment in the state prison. This bill would make that crime punishable by imprisonment in a county jail for a period of not more than one year or by imprisonment in the state prison. By changing the penalty for this crime to authorize imprisonment in a county jail, the 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 no reimbursement is required by this act for a specified reason.
Existing law provides that, when a child is removed from his or her family by the juvenile court, placement of the child in foster care should secure, as nearly as possible, the custody, care, and discipline equivalent to that which should have been given the child by his or her parents. Existing law provides enumerated rights for children who are placed in foster care. Existing law establishes the Office of the State Foster Care Ombudsperson to disseminate specified information, including the stated rights of foster youth, and to investigate and attempt to resolve complaints made by or on behalf of children placed in foster care, related to their care, placement, or services. This bill would enumerate rights for foster youth relating to mental health services. The bill would require the office, in consultation with various entities, to develop, no later than July 1, 2012, standardized information explaining the rights specified and to distribute this information to foster youth.