Amended  IN  Senate  July 03, 2024
Amended  IN  Assembly  June 14, 2023
Amended  IN  Assembly  May 18, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Constitutional Amendment
No. 7

Introduced by Assembly Member Jackson
(Principal coauthors: Assembly Members Bonta, Bryan, Gipson, Holden, Jones-Sawyer, McCarty, McKinnor, Weber, and Wilson)
(Principal coauthors: Senators Bradford and Smallwood-Cuevas)
(Coauthors: (Coauthor: Assembly Members Alvarez, Bonta, and Weber) Member Alvarez)

February 16, 2023

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 government preferences.


LEGISLATIVE COUNSEL'S DIGEST


ACA 7, as amended, Jackson. Government preferences: programs: exceptions.
The California Constitution, pursuant to provisions enacted by the initiative Proposition 209 in 1996, 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. The California Constitution defines the state for these purposes to include the state, any city, county, public university system, community college district, school district, special district, or any other political subdivision or governmental instrumentality of, or within, the state.
This measure would instead prohibit the state from harmfully 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 or public education, except as provided. The measure would provide that, subject to approval by the Governor pursuant to specified procedures, the state except as specified, a state agency or a local agency may use state moneys to fund research-based, or research-informed, research-based or research-informed and culturally specific programs in any industry if certain conditions are satisfied, including that those programs are established or otherwise implemented by the state for purposes of increasing the life expectancy of, improving educational outcomes for, or lifting out of poverty specific groups based on race, color, ethnicity, national origin, or marginalized genders, sexes, or sexual orientations. eliminating legal barriers to the creation of equality and equitable outcomes for all residents of the state in a specified manner. The measure would define various terms for these purposes.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  
Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2023–24 Regular Session commencing on the fifth day of December 2022, 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) (1) Except as provided in paragraph (2), the The State shall not harmfully 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, employment or public education, or public contracting. education, except as specified.
(2) (A)Notwithstanding paragraph (1) but subject to approval by the Governor pursuant to the procedures in subparagraph (B), the State may use any other law, it shall not be considered discrimination or a grant of preferential treatment in violation of paragraph (1) when a state agency or a local agency uses state moneys to fund research-based, or research-informed, research-based or research-informed and culturally specific programs in any industry, including, but not limited to, public employment, employment and public education, and public contracting, if those programs are if all of the following conditions are satisfied:
(A) The program is established or otherwise implemented by the State for purposes of increasing eliminating legal barriers to the creation of equality and equitable outcomes for all residents of the State in a manner that satisfies both of the following:
(i) Empowers individuals to live longer and healthier lives by increasing the life expectancy health of, improving educational outcomes for, decreasing hate crimes against, or lifting out of poverty specific groups based on race, color, ethnicity, national origin, or marginalized genders, sexes, or sexual orientations.

(B)The Governor shall review and approve or reject an application submitted to the Governor for purposes of subparagraph (A) within 60 days of receiving the application. If the Governor denies the application, the Governor shall notify the applicant and publish on their internet website a message explaining the basis for the denial.

(ii) Does not utilize harmful discriminatory practices.
(B) The state moneys used are properly appropriated, if applicable, for the program’s purposes.
(3) Paragraph (2) shall not apply to moneys spent for public contracting or moneys spent by the University of California, the California State University, or community college districts.
(b) This section shall apply only to action taken after the section’s effective date.
(c) This section shall not be interpreted as prohibiting bona fide qualifications based on sex which that are reasonably necessary to the normal operation of public employment, public education, or public contracting.
(d) This section shall not be interpreted as invalidating any court order or consent decree which that is in force as of the effective date of this section.
(e) This section shall not be interpreted as prohibiting action which that 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) This section shall not pertain to issues of public contracting or higher education student admission or enrollment.
(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.

(f)

(i) For the purposes of this section, the following definitions apply:
(1) “Culturally specific program” means a program or practice that infuses the history, language, ancestry, traditions, and rituals of a specific race, color, ethnicity, national origin, religion, gender, sex, or sexual orientation into its design and implementation.
(2) “Disaggregated data” means data that has been broken down into detailed subcategories within ethnic groups, age, sexual orientation, and gender identity, with the intent of identifying the unique differences within groups and addressing more concentrated disparities facing specific subgroups.
(3) “Local agency” means any city, county, city and county, school district, special district, or any other local political subdivision or local governmental instrumentality of or within the State.

(3)

(4) “Research-based program” means a program or practice that has been tested in a manner that meets all of the following conditions:
(A) The test is conducted with a single randomized evaluation, a single statistically controlled evaluation, or both.
(B) The test is inclusive and representative of the diverse populations in the state, State, based on the most recent census data.
(C) The test demonstrates sustained desirable outcomes or the weight of the evidence from a systemic review of the test supports sustained outcomes.

(4)

(5) “Research-informed program” means a program or practice that exercises the explicit and judicious use of the best available evidence from multiple sources that use disaggregated data to increase the likelihood of a favorable outcome.

(5)

(6) “State” shall include, but is not 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.
(7) “State agency” means any governmental instrumentality of or within the State that is not a local agency, including, but not limited to, every state department, division, bureau, board, and commission, but excluding the office of the Governor.

(6)

(8) “State moneys” means all money, bonds, and securities possessed by the State itself.

(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.