BILL NUMBER: AB 120 CHAPTERED
BILL TEXT
CHAPTER 299
FILED WITH SECRETARY OF STATE SEPTEMBER 19, 2001
APPROVED BY GOVERNOR SEPTEMBER 18, 2001
PASSED THE SENATE AUGUST 27, 2001
PASSED THE ASSEMBLY MAY 17, 2001
INTRODUCED BY Assembly Member Havice
JANUARY 22, 2001
An act to amend Section 394 of Military and Veterans Code,
relating to discrimination.
LEGISLATIVE COUNSEL'S DIGEST
AB 120, Havice. Discrimination: California National Guard and
State Military Reserve personnel: loans and financing.
Existing law provides that any person who violates specified
provisions prohibiting discrimination against a member of the
military or naval forces of this state or the United States is guilty
of a misdemeanor.
This bill would prohibit a person who provides lending or
financing from discriminating against any person with respect to the
terms of a loan or financing based on that person's membership in the
military or naval forces of this state or of the United States. By
expanding the definition of a crime, this bill would create 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 no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 394 of the Military and Veterans Code is
amended to read:
394. (a) No person shall discriminate against any officer,
warrant officer or enlisted member of the military or naval forces of
the state or of the United States because of that membership. No
member of the military forces shall be prejudiced or injured by any
person, employer, or officer or agent of any corporation, company, or
firm with respect to that member's employment, position or status or
be denied or disqualified for employment by virtue of membership or
service in the military forces of this state or of the United States.
(b) No officer or employee of the state, or of any county, city
and county, municipal corporation, or district shall discriminate
against any officer, warrant officer or enlisted member of the
military or naval forces of the state or of the United States because
of that membership. No member of the military forces shall be
prejudiced or injured by any officer or employee of the state, or of
any county, city and county, municipal corporation, or district with
respect to that member's employment, appointment, position or status
or be denied or disqualified for or discharged from that employment
or position by virtue of membership or service in the military forces
of this state or of the United States.
(c) No person shall prohibit or refuse entrance to any officer or
enlisted member of the Army or Navy of the United States or of the
military or naval forces of this state into any public entertainment
or place of amusement or into any of the places described in Sections
51 and 52 of the Civil Code because that member wears the uniform of
the organization to which he or she belongs.
(d) No employer or officer or agent of any corporation, company,
or firm, or other person, shall discharge any person from employment
because of the performance of any ordered military duty or training
or by reason of being an officer, warrant officer, or enlisted member
of the military or naval forces of this state, or hinder or prevent
that person from performing any military service or from attending
any military encampment or place of drill or instruction he or she
may be called upon to perform or attend by proper authority;
prejudice or harm him or her in any manner in his or her employment,
position, or status by reason of performance of military service or
duty or attendance at military encampments or places of drill or
instruction; or dissuade, prevent, or stop any person from enlistment
or accepting a warrant or commission in the California National
Guard or Naval Militia by threat or injury to him or her in respect
to his or her employment, position, status, trade, or business
because of enlistment or acceptance of a warrant or commission.
(e) (1) No private employer or officer or agent of any
corporation, company, or firm, or other person, shall restrict or
terminate any collateral benefit for employees by reason of an
employee's temporary incapacitation incident to duty in the National
Guard or Naval Militia. As used in this subdivision, "temporary
incapacitation" means any period of incapacitation of 52 weeks or
less.
(2) As used in this subdivision, "benefit" includes, but is not
limited to, health care which may be continued at the employee's
expense, life insurance, disability insurance, and seniority status.
(f) No person who provides lending or financing shall discriminate
against any person with respect to the terms of a loan or financing,
including, but not limited to, the finance charge, based on that
person's membership in the military or naval forces of this state or
of the United States.
(g) Any person violating this section is guilty of a misdemeanor.
In addition, any person violating any of the provisions of this
section shall be liable for actual damages and reasonable attorney's
fees incurred by the injured party.
(h) The remedies provided for in this section are not intended to
be exclusive but are in addition to the remedies provided for in
other laws, including Sections 51 and 52 of the Civil Code.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.