Amended  IN  Senate  June 26, 2023
Amended  IN  Senate  June 07, 2023
Amended  IN  Assembly  March 30, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1079

Introduced by Assembly Member Jackson

February 15, 2023

An act to add Section 12931.5 to the Government Code, and to add Chapter 5 (commencing with Section 131360) to Part 1 of Division 112 of the Health and Safety Code, relating to discrimination.


LEGISLATIVE COUNSEL'S DIGEST


AB 1079, as amended, Jackson. Discrimination: Public engagement.
Existing law establishes the State Department of Public Health and prescribes its duties and organization. Existing law defines a “hate crime” as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, disability, gender, nationality, race or ethnicity, religion, and sexual orientation.
This bill, upon appropriation by the Legislature and commencing on or before the later of either July 1, 2025, or one year after the date of the appropriation, would require the department to establish the Hate Crimes Intervention Program within the Injury and Violence Prevention Branch to implement research-based community interventions in conjunction with community leaders and organizations in communities that have been most impacted by hate crimes confirmed by the Department of Justice.
Existing law, the California Fair Employment and Housing Act, establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of civil rights laws and assistance to communities in resolving disputes, disagreements, or difficulties relating to discriminatory practices.
This bill, upon appropriation by the Legislature and commencing on or before the later of either July 1, 2025, or one year after the date of the appropriation, would require the department to create and distribute statewide and regional radio, social media, and television campaigns for the purposes of discouraging discrimination. The bill would require the department to convene a working group to develop a plan to implement the campaigns above. The bill would exempt the working group from the Bagley-Keene Open Meeting Act.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 12931.5 is added to the Government Code, to read:

12931.5.
 (a) Upon appropriation by the Legislature for the purposes of this section and commencing Commencing on or before the later of either July 1, 2025, or one year after the date of the appropriation, appropriation described in subdivision (d), the department shall create and implement statewide and regional radio, social media, and television campaigns to discourage discrimination based upon, but not limited to, disability, gender, nationality, race or ethnicity, religion, or sexual orientation.
(b) (1) The department shall convene a working group to develop a plan to implement this section, the members of which shall be appointed as follows:
(A) Nine members appointed by the director of the department with expertise in the field of marketing and messaging, specifically on topics germane to this section, who shall reflect the geographic and demographic diversity of the state.
(B) One member of the Assembly, appointed by the Speaker of the Assembly.
(C) One member of the Senate, appointed by the President pro Tempore of the Senate.
(2) A person appointed to the working group shall serve on a volunteer basis.
(3) The working group described in this subdivision is not subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1).
(c) The percentage of advertisements focused on combating hate violence against a specific community with a common protected characteristic that are created, distributed, and created and distributed shall be based on the rate of hate crimes committed against each community with a common protected characteristic as determined by the most recent Hate Crime in California report released by the Attorney General or other reliable and more accurate data on hate violence.
(d) This section shall not become operative until funding and positions are appropriated by the Legislature in the Budget Act or any other measure for the purposes of this section. The department shall send notice of the appropriation to the Secretary of State and Consumer Services State, the Business, Consumer Services, and Housing Agency, and the Legislative Counsel Bureau.

SEC. 2.

 Chapter 5 (commencing with Section 131360) is added to Part 1 of Division 112 of the Health and Safety Code, to read:
CHAPTER  5. Antidiscrimination Intervention Act

131360.
 Upon appropriation by the Legislature for the purposes of this section and commencing on or before the later of either July 1, 2025, or one year after the date of the appropriation, the State Department of Public Health shall establish the Hate Crimes Intervention Program within the Injury and Violence Prevention Branch. The program shall have responsibility for implementing research-based community interventions in conjunction with community leaders and organizations in communities that have been most impacted by hate crimes confirmed by the Department of Justice.