Subject: CA: Final 1997 Legislative Update & Youth Lobby Day Update
From: Ellen McCormick <[email-masked]>
Date: Wed, 5 Nov 1997 18:20:20

Hello and welcome (if you've been recently added to this list)!  Please find below, the final Civil Rights Legislative Update for 1997 (HIV/Health care is forthcoming).  Just a few notes about LIFE's LGBT Civil Rights activities during the legislative recess:

Youth Lobby Day is set for January 21, 1998!  Please join us!  This spectacular event is sponsored by LIFE Institute, incite! web site, Outword Newsmagazine and Frontiers Newsmagazine.  Youth Lobby Day is for any queer or straight youth that wants to learn about progressive political issues and plus it's a blast.  Adults (26 and up) are always welcome as volunteers.  Here's what we need: volunteers, in kind food donations, and $$$ (corporate sponsors?)!  If you or someone you know is able to help out with our "needs" please call (916) 444-0424 or write back to this message.  Thanks!

I will be presenting a round table discussion on "Legislating Issues of Gender Identity" at the NGLTF Creating Change Conference in San Diego next week.  Please attend if you are able to.  If not, please contact me if you are interested in working on gender identity legislation in California.

Last, the UC Regents will be voting soon (Nov. 20) on Domestic Partner Policy within the UC system.  Please contact Cruz Bustamante, Speaker of the Assembly, and urge him to be there to vote "yes" on the policy.  He can be reached at:
Cruz Bustamante
Phone: (916) 445-8514
Fax: (916) 324-7129
Email:  [email-masked]
If you would like more information on DP developments within the UC System, please write back to this message.

All my best,
Ellen McCormick
Legislative Advocate

At last, the Final Legislative Update for 1997...
October 30, 1997 (97-7)

FINAL LEGISLATIVE UPDATE: Civil Rights
Contacts:	Ellen McCormick, Legislative Advocate
		Eric Astacaan, Legislative Advocate
		Laurie McBride, Executive Director
		Sam Catalano, Legislative Assistant
LIFE: California's Lesbian, Gay, Bisexual, Transgender and HIV/AIDS Lobby

Contents:
	1997 Priorities:
Lesbian, Gay, Bisexual, Transgender, and Questioning Youth Rights and Education
Same Gender Marriage / Domestic Partnership				
Women's Rights							
Affirmative Action / Immigration Issues / Welfare Issues
Adoption / Child Custody / Visitation	
	General LGBT Civil Rights and Policy Issues:			
Coalition Work							
Employment Issues							Domestic Violence							
Notes								
Inactive Bills
Chaptered Bills
Vetoed Bills				
Possible Legislative Positions						

1997 PRIORITIES: LGBTQ YOUTH RIGHTS AND EDUCATION

AB 424 (Baldwin)		
last amended: 09/02/97
OPPOSE
Postsecondary education: armed forces training and recruitment.
AB 424 would prohibit a California State University or Community College from removing an armed forces training unit (ROTC) or recruiter from curriculum, campus, or facility.  Armed forces training units, in compliance with the U.S. Department of Defense, do not allow openly gay or lesbian students to participate in certain classes and programs.  Due to this policy, some schools have attempted to remove ROTC programs from their campuses.  
Recently passed federal legislation has superceded the intent of AB 424 and is already forcing California's schools to reinstate ROTC.  Because of this, AB 424 would have no actual impact on California's schools.
	AB 424 has been amended to prohibit discrimination on the basis of sexual orientation in an armed forces training unit (ROTC).  However, Staff continues to recommend an oppose position to this bill as there is no enforcement mechanism for the nondiscrimination clause.

ACTIONS:		
02/20/97		INTRODUCED
04/22/97		PASSED ASSEMBLY HIGHER EDUCATION CMTE., 8 - 6
05/30/97		PASSED ASSEMBLY APPROPRIATIONS CMTE., 12 - 3
06/03/97		PASSED ASSEMBLY FLOOR, 48 - 25
06/25/97		PASSED SENATE EDUCATION COMMITTEE, 10 - 0
08/29/97		PASSED SENATE APPROPRIATIONS CMTE., 7 - 0
09/03/97		PASSED SENATE FLOOR, 24 - 3			
STATUS: 	PENDING CONCURRENCE VOTE IN ASSEMBLY - TWO-YEAR BILL*

AB 1113 (House)		
Amd: 05/01/97			
OPPOSE
Parental rights.
AB 1113 would provide that a parent shall retain "the fundamental right to exercise primary control over the care, upbringing, and education of any child in his or her charge."  AB 1113 would also allow any parent to bring action in a state court for a claim for damages arising "under the principles established in the...fundamental right of primary parental control."
	This is the standard "parental rights" legislation that appears each year, however, this measure is stronger as it specifies that a parent may bring action in a state court.

ACTIONS:		
02/27/97		INTRODUCED
05/07/97		FAILED ASSEMBLY JUDICIARY COMMITTEE, 5 - 9
STATUS:	FAILED - RECONSIDERATION GRANTED - TWO YEAR BILL*

AB 1490 (House)		
Amd: 05/14/97			
OPPOSE
Sex education: homosexuality.
AB 1490 would provide that no public monies may be used to provide instruction materials or instruction that "promotes or advocates (and just added) or dissuades or opposes homosexuality as a viable alternative lifestyle or...refer any pupil to any organization that promotes or advocates or dissuades or opposes a homosexual lifestyle."
	This measure is not only offensive and blatantly homophobic, it could, if enacted, have detrimental effects on such life-saving programs as Project 10 (Los Angeles).  The author has taken an amendment to the bill so that no program may "promote, advocate, dissuade or oppose" homosexuality.  While this amendment may seem to make the author look less zealous at best, the bill as currently written would still shut down life-saving programs for at-risk youth and ironically enough, have the unintended effect of removing school-sponsored Boy Scout programs.

ACTIONS:		
02/28/97 	INTRODUCED
05/07/97		FAILED ASSEMBLY EDUCATION COMMITTEE, 6 - 4
STATUS:	FAILED - RECONSIDERATION GRANTED - TWO YEAR BILL*

1997 PRIORITIES: SAME GENDER MARRIAGE / DOMESTIC PARTNERSHIP	

AB 54 (Murray)			
Amd: 05/01/97			
Sponsor/PRI 1 
Domestic partnership: registration, termination, and rights thereof.
The "Murray-Katz Domestic Partnership Act."  AB 54 would provide a statewide domestic partnership registry, and hospital visitation and conservatorship rights for domestic partners.

ACTIONS:		
12/02/97		INTRODUCED
04/02/97		PASSED ASSEMBLY JUDICIARY COMMITTEE, 10 - 4
04/23/97		PASSED ASSEMBLY APPROPRIATIONS CMTE., 11 - 6
STATUS:	PENDING ASSEMBLY FLOOR - TO INACTIVE FILE - TWO YEAR BILL*

AB 427 (Knox) 			
Amd: 04/09/97			
SUPPORT
Public employees' health benefits: domestic partners.
This bill would provide domestic partner health benefits to public employees and State teachers (PERS and STRS), public employees and State teachers receive health benefits under PERS.  Identical to a Knox bill introduced during the 95/96 session.  This bill is sponsored by the City of West Hollywood.  LIFE House of Delegates voted on 2/97 to offer co-sponsorship to Assembly Member Knox.

ACTIONS:		
02/20/97		INTRODUCED
STATUS:	PENDING ASSM. PUBLIC EMPLOYEES COMMITTEE - TWO-YEAR BILL*

AB 1059 (Migden)		
Amd: 09/04/97			
Co-Sponsor/PRI 1 
Health coverage: domestic partners.
This bill would require that a health care service plan (an insurer, e.g.: HIPC, Kaiser, Aetna), in providing health benefit coverage to employers and their employees, must also offer domestic partner coverage if spousal coverage is offered.  AB 1059 provides that this option must be available as a choice to the employer, but is not a mandate on the employer.  This bill also includes a mechanism by which domestic partners may register for coverage purposes.

ACTIONS:		
02/27/97		INTRODUCED
04/15/97		PASSED ASSEMBLY INSURANCE COMMITTEE, 9 - 4
05/14/97		PASSED ASSEMBLY APPROPRIATIONS CMTE., 11 - 7
06/02/97		PASSED ASSEMBLY FLOOR, 42 - 35
07/02/97		PASSED SENATE INSURANCE COMMITTEE, 6 - 3
07/21/97		PASSED SENATE APPROPRIATIONS COMMITTEE, 28.8D*
09/08/97		PASSED SENATE FLOOR, 21 - 17
STATUS:	PENDING CONCURRENCE VOTE IN ASSEMBLY - TWO-YEAR BILL*

SB 841 (Hayden)		
Intro: 02/26/97			
Sponsor/PRI 1 
Public contracts: domestic partners.
SB 841 would prohibit any public entity from entering into a contract with any contractor that discriminates in the provision of benefits between employees with spouses and employees with domestic partners.  Similar to an ordinance recently passed by the City of San Francisco.  This bill will likely be heard in January of 1998.

ACTIONS:		
02/26/97		INTRODUCED
04/22/97		FAILED SENATE JUDICIARY COMMITTEE, 3 - 4
STATUS:	RECONSIDERATION GRANTED - TWO YEAR BILL*

1997 PRIORITIES: WOMEN'S RIGHTS

SJR 15 (McPherson)		
Intro: 03/18/97			
SUPPORT
Gender discrimination.
In 1979 the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was adopted by the United Nations.  The United Nations, as well as all countries that ratify CEDAW, agrees to work toward ending gender discrimination.  The United States is the only industrialized nation in the world that has not ratified CEDAW.  SJR 15 would memorialize Congress and the President to ratify CEDAW and has no impact on California law.
	
ACTIONS:		
03/18/97		INTRODUCED
STATUS:	PENDING SENATE RULES COMMITTEE - TWO YEAR BILL*

1997 PRIORITIES: AFFIRMATIVE ACTION / IMMIGRATION ISSUES / WELFARE ISSUES

ACA 3 (Murray)		
Intro: 12/02/96			
SUPPORT
California Civil Rights Initiative of 1998.
ACA 3 is a constitutional amendment that would provide that "the state may take all actions, including the creation and implementation of any programs it deems necessary, designed to promote and enhance equal access and opportunities for public education, public employment and public contracting, commensurate with the State's diverse population, and consistent with the U.S. Constitution."
ACA 3 is a legislative response to Proposition 209 (passed by California voters 11/96) which requires that the state not discriminate or grant preferential treatment on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education, or public contracting.  Constitutional Amendments require a 2/3 vote.

ACTIONS:		
12/02/97		INTRODUCED
STATUS:	PENDING ASSEMBLY JUDICIARY COMMITTEE: TWO YEAR BILL*

WELFARE REFORM 
Welfare reform negotiations were closely tied to the state budget negotiations.  As the debate on welfare reform unfolded, so did the debate on the state budget - as both are intrinsically linked to state funds.  Within the state budget Governor Wilson asked for a $1 billion tax cut, while democratic leadership opposed the tax cut and asserted that it would take money not only from those receiving aid, but also from California's education system.  In response to democrats blocking his tax cut Governor Wilson paid back, in full (as opposed to a previously announced multi-year payment plan), the state's debt to the Public Employees Retirement System (PERS) - $1.36 billion.  Thus, forcing a compromise on welfare reform due to the absence of available funds. 

The adopted welfare reform package looks like this: 
* current aid recipients are limited to two years of assistance at a time;
* new recipients are limited to 18 months;
* adults face a lifetime limit of five years on public assistance, after that time, only children are eligible for grants;
* single parent recipients must participate in work activities for at least 20 hours a week, and must increase that amount to 32 hours over two years (current recipients) / two parent families would have a 35 hour requirement;
* no cost of living increase (scheduled to go into effect later this year);
* new mothers are exempted from work requirements for six months after the birth of their first child, when additional children are born, the mother is limited to a 12 week work exemption; and 
* in some instances counties have the authority to make portions of the package more lenient or more stringent.
Immigrant Welfare Provisions:
* the state food stamp program for immigrant children and seniors will end in 2000; 
* no Supplemental Security Income (SSI) program established;
* no full scope MediCal coverage for immigrants arriving after 08/22/96 - individuals will be eligible for emergency MediCal and state mandated county health care for the first five years they are in the United States; and 
* no prenatal care services for immigrants entering the U.S. after 08/22/96.

Although this is considered a compromise, this package is vastly different from aid as California has known it.  The Sacramento Bee (07/29/97) quotes leadership, on both sides of the aisle and in both houses, as supporting this package.

1997 PRIORITIES: ADOPTION / CHILD CUSTODY / VISITATION

AB 53 (Murray)			
Amd: 03/31/97			
Sponsor/PRI 1
Adoption.
AB 53 would provide that any of the following persons may adopt a child: an unmarried adult, a married couple, or two adults who are not legally married.  AB 53 would prohibit a social worker from stating or advocating that adoption by an unmarried couple is not in the best interest of the couple based solely upon that couples' marriage status; and would prohibit the Department from adopting regulations that are inconsistent with the bill.

ACTIONS:		
12/02/97		INTRODUCED
04/02/97		PASSED ASSEMBLY JUDICIARY COMMITTEE, 10 - 4

STATUS:	PENDING ASSEMBLY FLOOR - TO INACTIVE FILE - TWO YEAR BILL*

GENERAL LGBT CIVIL RIGHTS AND POLICY ISSUES

AB 257 (Villaraigosa)		
Amd: 04/08/97			
Sponsor/PRI 1 
Fair Employment and Housing Act (FEHA)
FEHA prohibits discrimination in housing and employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, and age.  This bill would add "sexual orientation" to the sections of FEHA which prohibit discrimination. 
	As amended, this bill would repeal the Labor Code provision (Code Section 1102.1) which prohibits discrimination based on sexual orientation in employment and place that protection under the Fair Employment and Housing Act.  Current housing protections are already in place through case law under the Unruh Civil Rights Act - AB 257 would merely require the statute to reflect current this case law.

ACTIONS:		
02/12/97		INTRODUCED
04/02/97		PASSED ASSEMBLY HOUSING COMMITTEE, 7 - 5
04/23/97		PASSED ASSEMBLY LABOR COMMITTEE, 7 - 2
05/30/97		PASSED ASSEMBLY APPROPRIATIONS CMTE., 12 - 8
06/03/97		PASSED ASSEMBLY FLOOR, 41 - 38
07/15/97		PASSED SENATE JUDICIARY COMMITTEE, 6 - 3
09/04/97		PASSED SENATE APPROPRIATIONS CMTE., 7 - 5
09/10/97		PASSED SENATE, 22 - 18
10/10/97		VETOED BY GOVERNOR
STATUS:	VETOED

This measure has been vetoed and will appear on future Legislative Updates under "Vetoed Bills."

GENERAL LGBT CIVIL RIGHTS AND POLICY ISSUES: COALITION WORK

AB 310 (Kuehl)			
Amd: 09/05/97			
SUPPORT
Fair employment and housing.
AB 310 is sponsored by the ACLU and other civil rights organizations.  This measure has been amended and now includes the following changes/amendments to California's Fair Employment and Housing Act (FEHA):
* permits courts to award expert witness fees to a prevailing party, bringing FEHA into conformity with Title VII, the federal law prohibiting discrimination; 
* aligns FEHA with Title VII regarding the exemption of religious organizations from the law: religious associations and corporations can engage in discrimination on the basis of religion only, and can discriminate against employees performing ministerial functions on all basis currently prohibited under FEHA;
* provides reasonable accommodation for pregnant employees;
* expands coverage to protect contract workers against sexual harassment (as currently provided under FEHA); and 
* prohibits genetic discrimination in employment.

ACTIONS:		
02/14/97		INTRODUCED
04/23/97		PASSED ASSEMBLY LABOR COMMITTEE, 7 - 4
05/28/97		PASSED ASSEMBLY APPROPRIATIONS, 12 - 8
06/03/97		PASSED ASSEMBLY FLOOR, 41 - 37
06/25/97		PASSED SENATE INDUSTRIAL RELATIONS CMTE., 4 - 3
07/21/97		PASSED SENATE JUDICIARY COMMITTEE, 5 - 3
09/04/97		PASSED SENATE APPROPRIATIONS CMTE., 7 - 5 
09/09/97		FAILED SENATE FLOOR, 19 - 17
STATUS:	RECONSIDERATION GRANTED, TWO-YEAR BILL*

AB 499 (Kuehl)			
Amd: 06/02/97			
SUPPORT
Education: diversity in education: Sex Equity in Education Act
The California Education Code prohibits discrimination on the basis of ethnic group identification, religion, are, sex, color, or physical or mental disability.  AB 499 would make several changes to the Education Code with regard to its discrimination statutes.  Specifically, AB 499 would
consolidate and standardize the non-discrimination language (current codes are scattered); allow remedy though civil action following a 60 day administrative procedure; and remove statutory funding restrictions on the Hate Violence Prevention Act (hate violence prevention).  AB 499 is the "clean up" bill for the Education Code's nondiscrimination language, it does not add sexual orientation into the Education Code. 

ACTIONS:		
02/24/97		INTRODUCED
04/16/97		PASSED ASSEMBLY JUDICIARY COMMITTEE, 10 - 5
05/30/97 	PASSED ASSEMBLY APPROPRIATIONS CMTE., 11 - 8
06/04/97		FAILED ASSEMBLY FLOOR, 37 - 36
STATUS:	INACTIVE FILE - RECONSIDERATION GRANTED - TWO-YEAR BILL*

GENERAL LGBT CIVIL RIGHTS AND POLICY ISSUES:
EMPLOYMENT ISSUES

AB 492 (Keeley)		
Amd: 04/15/97			
Sponsor/PRI 1 
Under Labor Code Section 1101.2, discrimination based on sexual orientation in the workplace is prohibited.  Complaints must be filed with the Labor Commissioner's Office within 30 days of the incident of discrimination.  This bill would extend the window to 1 year.

ACTIONS:		
02/24/97		INTRODUCED
04/23/97		PASSED ASSEMBLY LABOR COMMITTEE, 6 - 3
05/30/97		PASSED ASSEMBLY APPROPRIATIONS, 11 - 9
06/04/97		FAILED ASSEMBLY FLOOR, 36 - 40
STATUS:	FAILED - RECONSIDERATION GRANTED - TWO YEAR BILL*

GENERAL LGBT CIVIL RIGHTS AND POLICY ISSUES: 
DOMESTIC VIOLENCE		

AB 45 (Murray)			
Amd: 09/05/97			
SUPPORT
Domestic violence: punishment.
Under current law, any person who inflicts corporal injury resulting in a traumatic condition upon their spouse, a cohabitant, or the person who is the parent of the defendant's child is guilty of a felony.  AB 45 would expand this definition to include (as a victim): a former spouse or a person with whom the defendant has cohabitated.
	Under current law, these relationships are considered valid for battery, but not in the instance of corporal injury resulting in a traumatic condition.
	This bill has been amended to strike the previous language.  AB 45 now requires a court, when issuing restraining orders, to provide copies of restraining orders to all interested parties.  This provision applies only when the defendant has been charged with a domestic violence crime.

ACTION:		
12/02/96		INTRODUCED
03/11/97		PASSED ASSEMBLY PUBLIC SAFETY CMTE., 13 - 0
05/30/97		PASSED ASSEMBLY APPROPRIATIONS CMTE., 18 - 0
06/03/97		PASSED ASSEMBLY FLOOR, 76 - 1
07/21/97		PASSED SENATE PUBLIC SAFETY, 8 - 0
09/05/97		PASSED SENATE APPROPRIATIONS, 11 - 0
09/08/97		PASSED SENATE FLOOR, 38 - 0
09/11/97		PASSED ASSEMBLY, CONCURRENCE VOTE
10/10/97		SIGNED BY GOVERNOR
STATUS:	SIGNED INTO LAW, CHAPTER 847 OF 1997

This bill has been signed into law and will appear on future Legislative Updates under "Chaptered Bills."

NOTES
* Two Year Bill: A bill that has missed legislative deadlines for the first year of the two year session; has failed and has been granted reconsideration; or has been postponed because of lack of votes or other reasons.  Two year bills return early in the second year of the two year session and begin the legislative process where they were left off.  Constitutional Amendments and Resolutions have different deadlines than typical Assembly and Senate Bills and as such are usually two year bills.
* 28.8D: Signifies that a bill has been deemed to have no fiscal impact and is passed by the Appropriations Committee with out a hearing (Joint Rule 28.8).  

INACTIVE BILLS: bills removed from Legislative Update

bills failed by committee or floor vote:
BILL (AUTHOR)		LEGISLATIVE UPDATE TO REFER TO:
AB 101 (Kuehl)	Sponsor/PRI 1 		97-4
AB 800 (Margett) 	OPP/PRI 1		97-3
SB 911 (Knight)	OPP/PRI 1		97-3

bills moved to inactive file:
SB 48 	(Solis)		Support/PRI 3		97-5 
(SB 48 was removed due to significant amendments - not inactivity)

bills failed by missed legislative deadlines:
SB 1235 (Watson)	WATCH			97-5

CHAPTERED BILLS
AB 45 	(Murray)		SUPPORT 97-7	CHAPTERED: #847 OF 1997
AB 157	(Villaraigosa)	SUPPORT 97-6	CHAPTERED: #59 OF 1997

VETOED BILLS
AB 257 (Villaraigosa)	SUPPORT	97-7

POSSIBLE LEGISLATIVE POSITIONS
Sponsor: LIFE to participate in drafting, strategy, lobbying, and amendments to bill, in conjunction with the author's office and other sponsors.  Automatically Level 1 Priority.
Support: Lobbying in support of bill.  
Support Seeking Amendment: Support stands regardless of fate of amendments. 
Support If Amended: Possible support if amendments accepted.  
Neutral
Watch: Bill language is watched; staff will research bill as appropriate. 
Oppose Unless Amended: Author and sponsors of bill are notified of LIFE's intent to oppose unless LIFE amendments are accepted.
Oppose
No Position
Priority 1:  Pull-out-all-the-stops activity for staff and delegates; includes sponsorships. 
Priority 2:  Active lobbying activity by staff and delegates as appropriate.
Priority 3:  Passive lobbying by staff and delegates (letters to committee).