GeneralMiscellaneous
Section § 8310
This law prohibits state agencies and employees from asking about an applicant’s race, sex, marital status, or religion on any forms they have to fill out to apply for something. If someone breaks this rule, they can be charged with a misdemeanor.
While these questions can’t be asked during the application process, information about gender and marital status can be collected after hiring for research, as long as there are safeguards to prevent misuse. This information can't be noted on the application or its related records.
Section § 8310.3
The California Religious Freedom Act aims to protect personal information related to religious beliefs, practices, or affiliation from being shared with federal authorities to create lists or databases based on religion, nationality, or ethnicity. State and local agencies, including employees, are prohibited from using resources to support such data gathering.
Law enforcement agencies cannot collect religious information unless it's part of a criminal investigation with a clear connection to the offense or related to providing religious accommodations. Existing agreements that conflict with this law are terminated.
Agencies can, however, exchange aggregate nonpersonal data and immigration status information as the federal law permits. Violations occur only when sharing was done knowingly for prohibited purposes.
Section § 8310.5
This law requires California state agencies, boards, and commissions to collect and report demographic data on Californians using specific categories for different major Asian and Pacific Islander groups. They must include detailed categories like Chinese, Filipino, Japanese, Samoan, and others. The data must be included in all demographic reports released or published after July 1, 2012, and be available to the public while keeping personal information confidential.
Section § 8310.6
Starting January 1, 2024, the State Controller's Office and the Department of Human Resources in California will collect more detailed demographic data about Black or African American employees hired into state jobs. This includes grouping them into categories like those descended from enslaved individuals in the U.S., African and Caribbean Blacks, and others, including those who prefer not to identify. By January 1, 2025, this data will be part of an annual employee report, keeping personal details private but sharing broader information publicly, following legal guidelines. Definitions for different groups, such as African Americans, African Blacks, Caribbean Blacks, and others, specify the ancestry or immigration history relevant to these categories.
Section § 8310.7
This law requires certain California state agencies to collect detailed demographic data on people's ancestry or ethnic origin, with a focus on specific Asian and Pacific Islander groups like Hmong, Thai, Fijian, and Tongan. The data must be made publicly available online, but personal information remains confidential. The Department of Public Health must follow additional rules to ensure data doesn't identify individuals and must update how they collect demographic data after each U.S. Census. They can also continue using data from federal programs or other entities as is. Essentially, this law aims to improve the quality and detail of demographic data collected by state agencies, allowing for better understanding and addressing of health and societal issues among diverse communities.
Section § 8310.8
This section, called the Lesbian, Gay, Bisexual, Transgender, and Intersex Disparities Reduction Act, requires certain California state entities to collect voluntary demographic data about people's sexual orientation, gender identity, and intersex status. The law applies to a wide range of state departments involved in health, education, labor, and social services.
State agencies must gather this data while collecting information about ethnicity or ancestry, but they are not required to do so in federally guided programs or when collecting data from some third parties. The data collected will not include personal identifiers, ensuring privacy, and will be reported to the Legislature and made public without revealing individual identities. The law also outlines specific deadlines by which different departments need to comply with these data-collection requirements.
Section § 8310.9
This California law mandates that state agencies, boards, and commissions that gather demographic information about ethnicity or race must allow people to select multiple ethnic or racial identities, reflecting the growing multiracial population. The forms should clearly offer options to choose one or more ethnic or racial categories.
When reporting this data, these entities must provide detailed statistics on those who identify with each ethnic or racial category alone, in combination, or across multiple categories. They must also follow specific federal guidelines when this data is used for civil rights monitoring. This change must be implemented as soon as possible, but no later than January 1, 2022.
If a state agency collects data from local agencies or needs to comply with federal requirements, they may continue using the data formats already used by those agencies or required by the federal government.
Section § 8311
If a law requires sending a notice to or from the state using registered mail, you can also use certified mail or any physical delivery method that gives a receipt. These alternatives meet legal requirements for sending notices.
Section § 8312
This law ensures that state and local government workers cannot stop or try to stop discussions about laws that matter to elderly, blind, or disabled people in meetings they organize or supervise.
Section § 8313
This law states that state or local officials and employees who manage programs for the elderly, blind, or disabled cannot pressure or force these individuals to join or avoid joining organizations related to their conditions.
Section § 8314
This law makes it illegal for public officials or employees to use state or local public resources for campaign activities, personal benefit, or other unauthorized purposes. Exceptions are made for minor, incidental uses like making a brief personal call or referring political mail.
Public resources include government-owned property, funds, or equipment, and any use must be substantial enough to provide a benefit or cause a loss to count as misuse.
If someone knowingly or carelessly breaks this rule, they can face fines up to $1,000 per day plus triple the value of the misused resources. These penalties can be pursued by state or local legal authorities.
A civil action must happen within four years of the violation. Providing neutral, factual information about state-related ballot measures is allowed.
Section § 8314.5
This law makes it illegal for elected state or local officials, employees, and consultants to use state computers to access or download obscene material. However, there are exceptions for legitimate purposes like law enforcement, disciplinary investigations, and certain academic or legislative needs. The term 'obscene matter' is defined by another section of the Penal Code. This rule applies to computers owned or leased by state agencies, universities (except the University of California unless decided otherwise), or the Legislature."
Section § 8315
This California statute defines racial discrimination as any action that harms equal rights based on race, in line with an international treaty that the U.S. has agreed to. It also explains that actions taken to help disadvantaged racial groups should not be considered racial discrimination if they aim to promote equal rights and don't support segregation. The law also clarifies that people cannot sue based on such special measures and the government doesn't need proof of discrimination to enact them. These definitions and provisions align with international commitments to eliminate racial discrimination by revising laws, policies, and supporting inclusive practices.
Section § 8316
This law requires that any new building projects or major renovations over 10,000 square feet run by California state agencies must achieve a LEED Gold certification for sustainable and environmentally friendly design, unless it conflicts with operational needs, is not cost-effective, or conflicts with the California Building Code. In such cases, LEED Silver certification is acceptable. This applies to projects started on or after January 1, 2024. LEED stands for Leadership in Energy and Environmental Design and is managed by the United States Green Building Council. Major renovations involve significant updates to critical building systems. State agencies do not include district agricultural associations for this requirement.
Section § 8317
This law requires every state agency in California, which includes offices, departments, divisions, bureaus, boards, and commissions (but not the Legislature or entities under Article VI of the California Constitution), to keep a list of all the fees, license fees, fines, and penalties they manage or collect. However, this requirement does not apply to fees that a state agency collects from another government agency.
Section § 8318
This law section sets rules for communication between certain California state agencies and Native American tribes. It specifies that 'state agency' includes state departments, the California State University, the University of California, and the Judicial Council of California. The Regents of the University of California are asked to appoint liaisons, and other state agencies must choose liaisons who will engage with Native American tribes. These liaisons will consult with tribes listed by the Native American Heritage Commission and educate their agencies about topics related to tribal relationships.