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SB-491 Civil rights: discrimination: enforcement.(2017-2018)

Bill Status
Bradford (S)
Beall (S)
Civil rights: discrimination: enforcement.
An act to amend Section 12993 of the Government Code, relating to civil rights.

Type of Measure
Active Bill - In Floor Process
Majority Vote Required
Fiscal Committee
Non-State-Mandated Local Program
Non-Tax levy
Last 5 History Actions
Date Action
03/03/18 Last day to consider Governor’s veto pursuant to Joint Rule 58.5.
10/14/17 In Senate. Consideration of Governor's veto pending.
10/14/17 Vetoed by the Governor.
09/19/17 Enrolled and presented to the Governor at 4 p.m.
09/13/17 Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2860.) Ordered to engrossing and enrolling.
Governor's Veto Message
To the Members of the California State Senate:

I am returning Senate Bill 491 without my signature.

This bill directs the Department of Fair Employment and Housing to establish an advisory group to conduct a study regarding the feasibility of local enforcement of employment antidiscrimination statutes.

The Fair Employment and Housing Act (FEHA) has preempted local governments from enforcing the provisions of this law for decades. I agree with the author that it is time for the state to reassess whether the state should allow local authorities to enforce FEHA. Unfortunately, as currently drafted, the bill is too broad and it is not clear that the advisory group would focus solely on employment protections governed by FEHA.

I am directing the Department of Fair Employment and Housing to create an advisory group to explore allowing the provisions of FEHA to be enforced by local authorities and prepare a report to my office and the Legislature with findings and recommendations by December 31, 2018.


Edmund G. Brown Jr.