Bill Text: CA AB1077 | 2023-2024 | Regular Session | Introduced
Bill Title: State agencies and counties: antiracism audits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-02-01 - Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1077 Detail]
Download: California-2023-AB1077-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1077
| Introduced by Assembly Member Jackson |
February 15, 2023 |
An act to add Section 12432 to the Government Code, relating to state government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1077, as introduced, Jackson.
State agencies and counties: antiracism audits.
Existing law prohibits any person from being unlawfully denied full and equal access to the benefits of, or from being unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency funded directly by the state, or that receives any financial assistance from the state, on the basis of race. Existing law prohibits the state, including any county, from discriminating against, or granting preferential treatment to, any individual or group on the basis of race in the operation of public employment, public education, or public contracting. Existing law prohibits the inclusion of any question relative to an applicant’s race in any application blank or form required to be filled in and submitted by an applicant to any department, board, commission, officer, agent, or employee of this state. Existing law makes
a violation of this provision a misdemeanor.
Existing law requires the Controller to superintend the fiscal concerns of the state and to audit all claims against the state. Existing law requires the Controller to suggest plans for the improvement and management of the public revenues. Existing law requires the Controller to summon county auditors to meet with the Controller at least once each year for the purpose of discussion, among other things, promotion of uniformity of procedure in all matters pertaining to the duties of county auditors throughout the state.
This bill would require the Controller, on or before January 1, 2025, and every 5 years thereafter, to perform a comprehensive antiracism audit, as defined, of each state agency and county. The bill would require each state agency and county, within one year following completion of its audit, to establish and implement an action plan, as specified, tailored to the
function of the agency or particular activities of the county, to rectify deficiencies in the agency’s or county’s efforts to identify, interrupt, and dismantle racist practices, policies, and attitudes identified by the antiracism audit. Because the bill would require local officials to perform additional duties, the bill would impose a state-mandated local program.
This bill would require the Controller to evaluate and approve the sufficiency of each action plan to rectify deficiencies in the agency’s or county’s efforts to identify, interrupt, and dismantle racist practices, policies, and attitudes. The bill would authorize the Controller, if they determine that appropriate progress has not been made by a state agency or county toward rectifying deficiencies identified in the antiracism audit within 3 years following completion of the action plan, to impose a civil penalty or to bring an action in a court of appropriate jurisdiction to hold all property of the
state agency or county subject to a receivership in a manner directed or ratified by the court. The bill would require the Controller to establish rules and regulations to carry out the purposes of this section.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 12432 is added to the Government Code, immediately following Section 12431, to read:12432.
(a) On or before January 1, 2025, and every five years thereafter, the Controller shall perform a comprehensive antiracism audit of each state agency and county, the parameters of which shall be determined by the Controller.(b) (1) Upon completion of its audit, each state agency and county shall establish and implement an action plan, tailored to the function of the agency or particular activities of the county, to rectify deficiencies in the agency’s or county’s efforts to identify, interrupt, and dismantle racist practices, policies, and attitudes identified by the antiracism audit performed pursuant to subdivision (a).
(2) Each action plan shall be
completed within one after completion of the audit performed pursuant to subdivision (a).
(3) Each action plan shall include benchmarks for achievement of identifiable goals within specified timeframes occurring before the next scheduled audit performed pursuant to subdivision (a).
(4) Each action plan shall be provided by the agency or county to the Controller in the manner prescribed by the Controller.
(c) The Controller, pursuant to standards developed by the Controller, shall evaluate and approve the sufficiency of each action plan to rectify deficiencies in the agency’s or county’s efforts to identify, interrupt, and dismantle racist practices, policies, and attitudes.
(d) If the Controller determines, pursuant to standards developed by the
Controller, that appropriate progress has not been made by a state agency or county toward rectifying deficiencies identified in the antiracism audit within three years following completion of the action plan established by the state agency or county pursuant to subdivision (b), either of the following may occur:
(1) A civil penalty may be imposed for a violation of law in the amount of one hundred thousand dollars ($100,000) for a first offense, two hundred fifty thousand dollars ($250,000) for a second offense, and five hundred thousand dollars ($500,000) for a third or subsequent offense.
(2) The Controller may bring an action in a court of appropriate jurisdiction to transfer, encumber, manage, control, and hold all property of the state agency or county, including the proceeds thereof, subject to a receivership in a manner directed or ratified by the court.
(e) (1) The Controller shall establish rules and regulations to carry out the purposes of this section.
(2) The Controller shall create a template for an antiracism audit and provide it to state agencies and counties. The audit that the Controller performs pursuant to subdivision (a) shall be tailored to the function of each agency or the articular activities of each county.
(f) For purposes of this section, the following terms appply:
(1) “Antiracism audit” means a comprehensive assessment of whether the state agency or county is actively working to comply with subdivision (a) of Section 31 of Article 1 of the California Constitution by identifying, interrupting, and dismantling racist practices, policies, and attitudes that
disproportionately harm racial minorities.
(2) “State agency” has the same meaning as in Section 11000.
