Bill Text: CA ACA7 | 2009-2010 | Regular Session | Introduced

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Bill Title: Public education.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-04-20 - Referred to Com. on JUD. [ACA7 Detail]

Download: California-2009-ACA7-Introduced.html

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BILL NUMBER: ACA 7	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hernandez

                        DECEMBER 22, 2008

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 31
of Article I thereof, relating to public education.


	LEGISLATIVE COUNSEL'S DIGEST


   ACA 7, as introduced, Hernandez. Public education.
   The California Constitution prohibits the state from
discriminating against, or granting preferential treatment to, any
individual or group on the basis of race, sex, color, ethnicity, or
national origin in the operation of public employment, public
education, or public contracting.
   This measure would delete the Public School System, as defined,
and the University of California, from the scope of this
constitutional prohibition.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.



   Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2009-10 Regular Session
commencing on the first day of December 2008, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California, that the Constitution of the State be
amended as follows:
    That Section 31 of Article I thereof is amended to read:
      SEC. 31.  (a) The State shall not discriminate against, or
grant preferential treatment to, any individual or group on the basis
of race, sex, color, ethnicity, or national origin in the operation
of public employment , public education,  or public
contracting.
   (b) This section shall apply only to action taken after the
section's effective date.
   (c) Nothing in this section shall be interpreted as prohibiting
bona fide qualifications based on sex which are reasonably necessary
to the normal operation of public employment  , public
education,  or public contracting.
   (d) Nothing in this section shall be interpreted as invalidating
any court order or consent decree which is in force as of the
effective date of this section.
   (e) Nothing in this section shall be interpreted as prohibiting
action which must be taken to establish or maintain eligibility for
any federal program, where ineligibility would result in a loss of
federal funds to the State.
   (f) For the purposes of this section, "State" shall include, but
not necessarily be limited to, the State itself, any city, county,
city and county,  public university system, including the
University of California, community college district, school
district,  special district, or any other political
subdivision or governmental instrumentality of or within the State.
 For purposes of this section, "State" does not include the
Public School System, as defined in Section 6 of Article IX, or the
University of California. 
   (g) The remedies available for violations of this section shall be
the same, regardless of the injured party's race, sex, color,
ethnicity, or national origin, as are otherwise available for
violations of then-existing California antidiscrimination law.
   (h) This section shall be self-executing. If any part or parts of
this section are found to be in conflict with federal law or the
United States Constitution, the section shall be implemented to the
maximum extent that federal law and the United States Constitution
permit. Any provision held invalid shall be severable from the
remaining portions of this section.