Bill Text: CA AB2881 | 2019-2020 | Regular Session | Introduced

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Bill Title: Discrimination: Fair Play in Community Sports Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-05 - Referred to Coms. on A.,E.,S.,T., & I.M. and JUD. [AB2881 Detail]

Download: California-2019-AB2881-Introduced.html

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CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2881

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Introduced by Assembly Member Aguiar-Curry

February 21, 2020

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An act to add Article 13 (commencing with Section 53172) to Chapter 1 of Part 1 of Division 2 of Title 5 of, and to repeal Section 53080 of, the Government Code, relating to discrimination.

LEGISLATIVE COUNSEL'S DIGEST

AB 2881, as introduced, Aguiar-Curry. Discrimination: Fair Play in Community Sports Act.

Existing law prohibits a city, county, city and county, or special district from discriminating against any person on the basis of gender in the operation, conduct, or administration of community youth athletics programs, as defined, or in the allocation of parks and recreation facilities and resources, as defined, that support or enable these programs.

This bill would repeal and re-enact that law as the Fair Play in Community Sports Act and would also enact additional data reporting and antidiscrimination policy requirements as part of the act. The act would define a local agency as a city, county, city and county, or special district. As part of the act, the bill would also require a local agency that has a community youth athletics program to publicly make available at the end of each calendar year, beginning in 2021 and annually thereafter, certain data regarding the program. The bill would require the local agency to post the data prominently on the internet website of the local agency or county or counties that the local agency serves or is a part of. The bill would require a local agency to provide the data to the Department of Parks and Recreation and to maintain the materials the local agency used to compile the data for at least 3 years after the data is posted on the internet website.

This bill would require a local agency to adopt a nondiscrimination policy with specified provisions, including procedures for filing a grievance with the local agency regarding discrimination on the basis of sex or gender in a local agency’s community youth athletics program. The bill would require the policy to be prominently posted on the internet website of the local agency or county or counties that the local agency serves or is a part of.

This bill would also require the department to compile the local agency data into a publicly available annual report and post, by the end of each calendar year, beginning in 2022 and annually thereafter, the report on the department’s internet website, as specified. The bill would also require the department to provide technical assistance and guidance on the obligations of local agencies under the act, including, but not limited to, data reporting requirements.

Upon appropriation by the Legislature, this bill would require the department to establish and administer a training support program to train the department’s and local agency’s staff on specified matters regarding gender equity in community youth athletics programs. The bill permits the department to allocate ¹/₆ of the moneys to establish and administer the training support program and a competitive grant program and to train the department’s staff under the program. The bill also requires the department to allocate the remaining moneys for competitive grants to local agencies for purposes of funding the training of local agency staff on the specified matters regarding gender equity in community youth athletics programs. The bill requires the department to develop criteria and guidelines, as specified, for awarding and using the grant funds.

By requiring cities, counties, cities and counties, and special districts to collect, publish, and maintain specified data and to adopt a nondiscrimination policy, 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, 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.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

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

SECTION 1.

 Section 53080 of the Government Code is repealed.

53080.

(a)No city, county, city and county, or special district, including, but not limited to, a community services district, recreation and park district, regional park district, regional park and open-space district, regional open-space park district, or resort improvement district shall discriminate against any person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs or in the allocation of parks and recreation facilities and resources that support or enable these programs.

(b)The Unruh Civil Rights Act (Section 51 of the Civil Code) has been held to prohibit local governmental agencies from discriminating on the bases proscribed by the act, and Section 11135 also prohibits local governmental agencies that receive financial assistance from the state from discriminating on the basis of gender, among other bases.

(c)As used in this section, “community youth athletics program” means any athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for and engaging in athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a city, county, city and county, or special district.

(d)As used in this section, “parks and recreation facilities and resources” include, but are not limited to, park facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands and storage spaces; lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through cities, counties, cities and counties, or special districts; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.

(e)It is the intent of the Legislature in enacting this section that girls shall be accorded opportunities for participation in community youth athletics programs equal, both in quality and scope, to those accorded to boys.

(f)In civil actions brought under this section or under other applicable antidiscrimination laws alleging discrimination in community youth athletics programs, courts shall consider the following factors, among others, in determining whether discrimination exists:

(1)Whether the selection of community youth athletics programs offered effectively accommodate the athletic interests and abilities of members of both genders.

(2)The provision of moneys, equipment, and supplies.

(3)Scheduling of games and practice times.

(4)Opportunity to receive coaching.

(5)Assignment and compensation of coaches.

(6)Access to lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through a city, a county, a city and county, or a special district.

(7)Selection of the season for a sport.

(8)Location of the games and practices.

(9)Locker rooms.

(10)Practice and competitive facilities.

(11)Publicity.

(12)Officiation by umpires, referees, or judges who have met training and certification standards.

(g)In making the determination under paragraph (1) of subdivision (f), a court shall assess whether the city, county, city and county, or special district has effectively accommodated the athletic interests and abilities of both genders in any one of the following ways:

(1)The community youth athletics program opportunities for boys and girls are provided in numbers substantially proportionate to their respective numbers in the community.

(2)Where the members of one gender have been, and continue to be, underrepresented in community youth athletics programs, the city, county, city and county, or special district can show a history and continuing practice of program expansion and allocation of resources that are demonstrably responsive to the developing interests and abilities of the members of that gender.

(3)Where the members of one gender are underrepresented in community youth athletics programs, the city, county, city and county, or special district can demonstrate that the interests and abilities of the members of that gender have been fully and effectively accommodated by the present program and allocation of resources.

(h)Effective January 1, 2015, a city, county, city and county, and special district may no longer rely on paragraph (2) of subdivision (g) to show that they have accommodated the athletic interests and abilities of both genders.

(i)Nothing in this section shall be construed to invalidate any existing consent decree or any other settlement agreement entered into by a city, county, city and county, or special district to address gender equity in athletic programs.

(j)This section and any ordinances, regulations, or resolutions adopted pursuant to this section by a city, county, city and county, or special district may be enforced against a city, county, city and county, or special district by a civil action for injunctive relief or damages or both, which shall be independent of any other rights and remedies.

SEC. 2.

 Article 13 (commencing with Section 53172) is added to Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code, to read:

Article  13. Fair Play in Community Sports Act

53172.

 This article shall be known, and may be cited, as the Fair Play in Community Sports Act.

53172.1.

 For purposes of this article, the following definitions apply:

(a) “Co-ed team” means a team that permits participation by all genders.

(b) “Community youth athletics program” means any athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for and engaging in athletic activity and competition, and that is in any way operated, conducted, administered, supported, hosted, or enabled by a local agency.

(c) “Competition level” includes, but is not limited to, classifications such as recreation, travel, and competition.

(d) “Department” means the Department of Parks and Recreation.

(e) “Local agency” means a city, county, city and county, or special district, including, but not limited to, a community services district, recreation and park district, regional park district, regional park and open-space district, regional open-space park district, or resort improvement district.

(f) “Parks and recreation facilities and resources” include, but are not limited to, all of the following:

(1) Lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through a local agency.

(2) Park facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands, and storage spaces.

(3) Sports and recreation equipment.

(4) Devices used to promote athletics, such as scoreboards, banners, and advertising.

(5) All moneys used in conjunction with youth athletics.

53172.2.

 The Legislature finds and declares:

(a) The Unruh Civil Rights Act (Section 51 of the Civil Code) has been held to prohibit local governmental agencies from discriminating on the bases proscribed by the act, and Section 11135 also prohibits local governmental agencies that receive financial assistance from the state from discriminating on the basis of gender, among other bases.

(b) It is the intent of the Legislature in enacting this act that girls shall be accorded opportunities for participation in community youth athletics programs equal, both in quality and scope, to those accorded to boys.

53172.3.

 (a) A local agency shall not discriminate against any person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs or in the allocation of parks and recreation facilities and resources that support or enable these programs.

(b) In civil actions brought under this act or under other applicable antidiscrimination laws alleging discrimination in community youth athletics programs, courts shall consider the following factors, among others, in determining whether discrimination exists:

(1) Whether the selection of community youth athletics programs offered effectively accommodate the athletic interests and abilities of members of both genders.

(2) The provision of moneys, equipment, and supplies.

(3) Scheduling of games and practice times.

(4) Opportunity to receive coaching.

(5) Assignment and compensation of coaches.

(6) Access to lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through a local agency.

(7) Selection of the season for a sport.

(8) Location of the games and practices.

(9) Locker rooms.

(10) Practice and competitive facilities.

(11) Publicity.

(12) Officiation by umpires, referees, or judges who have met training and certification standards.

(c) In making the determination under paragraph (1) of subdivision (b), a court shall assess whether the local agency has effectively accommodated the athletic interests and abilities of both genders in any one of the following ways:

(1) The community youth athletics program opportunities for boys and girls are provided in numbers substantially proportionate to their respective numbers in the community.

(2) Where the members of one gender are underrepresented in community youth athletics programs, the local agency can demonstrate that the interests and abilities of the members of that gender have been fully and effectively accommodated by the present program and allocation of resources.

(d) Nothing in this act shall be construed to invalidate any existing consent decree or any other settlement agreement entered into by a local agency to address gender equity in athletic programs.

(e) This act and any ordinances, regulations, or resolutions adopted pursuant to this act by a local agency may be enforced against a local agency by a civil action for injunctive relief or damages or both, which shall be independent of any other rights and remedies.

53172.4.

 (a) A local agency that has a community youth athletics program shall publicly make available at the end of each calendar year, beginning in 2021 and annually thereafter, all of the following data:

(1) The number of youth in the local agency’s jurisdiction, classified by gender.

(2) The total enrollment of youth participants in the community youth athletics program, classified by gender.

(3) The number of co-ed teams, classified by sport and by competition level.

(b) The data required pursuant to subdivision (a) shall reflect the total number of youth participants on a team roster on the official first day of athletic activity.

(c) (1) The local agency shall make the data specified in subdivision (a) publicly available by prominently posting the data on the local agency’s internet website.

(2) A local agency other than a county that does not maintain an internet website shall submit the data to the county or counties that the local agency serves or is a part of. The county shall prominently post the information on its internet website, and the information shall be disaggregated by local agency.

(d) The materials used by a local agency to compile the data specified in subdivision (a) shall be retained by the local agency for at least three years after the data is posted on the internet website pursuant to subdivision (c).

(e) Each local agency is responsible for providing the data required in subdivision (a) to the department at the end of each calendar year, beginning in 2021 and annually thereafter.

53172.5.

 (a) (1) The department shall collect the data described in subdivision (a) of Section 53172.4 and provided by local agencies pursuant to subdivision (e) of Section 53172.4.

(2) The department shall annually compile that data into a publicly available report. The department shall post, by the end of each calendar year, beginning in 2022 and annually thereafter, the report on the department’s internet website on a main home page or a special page created to disseminate information regarding fair play in community sports.

(3) The annual report shall include relevant data, such as aggregated statistics on gender equity in community youth athletics programs in the state.

(b) The department shall provide technical assistance and guidance on the obligations of local agencies under this act, including, but not limited to, data reporting requirements.

(c) (1) Upon appropriation by the Legislature, the department shall establish and administer a training support program to train the department’s and local agency’s staff on all of the following matters:

(A) Collecting and aggregating data for purposes of tracking gender equity in community youth athletics programs and for purposes of creating the public annual reports required by this act.

(B) Creating more participation opportunities for underserved genders in community youth athletics programs.

(C) Ensuring the equal distribution of facilities and resources for all genders in community youth athletic programs.

(2) The department shall allocate the moneys appropriated pursuant to paragraph (1) as follows:

(A) One-sixth of the moneys may be used for both of the following:

(i) Establishing and administering the training support program described in paragraph (1) and the grant program described in subparagraph (B).

(ii) Training the department’s staff on the matters described in paragraph (1).

(B) The remaining moneys shall be made available as a competitive grant to local agencies for purposes of funding training of local agency staff on the matters described in paragraph (1).

(3) The department shall develop criteria and guidelines for awarding and using grant funds pursuant to this section. The criteria and guidelines shall be consistent with the purposes of this act and shall give grant funding priority to local agencies serving a higher percentage of low-income families.

53172.6.

 (a) A local agency that has a community youth athletics program shall adopt a nondiscrimination policy by July 1, 2021. The policy shall be consistent with this act and include all of the following:

(1) A provision that the local agency is required to comply with this act.

(2) Procedures to file a grievance with the local agency regarding discrimination on the basis of sex or gender in a local agency’s community youth athletics program. A local agency shall permit an individual to file a grievance in writing.

(3) Procedures the local agency will take when investigating a grievance.

(4) A provision that the right to file a grievance pursuant to the policy is in addition to all other rights and remedies an individual has pursuant to Section 53172.3 and other applicable state and federal law.

(b) A local agency shall prominently post the policy described in subdivision (a) on the local agency’s internet website. If the local agency, other than a county, does not have an internet website, the policy shall be posted prominently on the internet website of the county or counties that the local agency serves or is a part of.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 4.

 The Legislature finds and declares that gender discrimination in community youth athletics programs caused by the lack of equal opportunities for girls and young women in those programs is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Article 13 (commencing with Section 53172) to Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code applies to all cities, including charter cities.