From: "Ellen McCormick" Subject: CA: Legislative Update Date: Thu, 24 Apr 1997 14:14:21 -0700 Hello everyone! This is a revised legislative update for LIFE Lobby's LGBT Civil Rights agenda. I have received many calls and messages regarding the status of individual bills, so I thought it might be helpful to send out an updated version of the whole list. As always, please call or write if you have any questions. In brief, the big "wins" this week: SB 911 (anti-same gender marriage bill): DEAD! AB 492 (employment protection): PASSED! AB 257 (sexual orientation added to California's Fair Employment and Housing Act): PASSED! Thanks for all your support! Ellen April 24, 1997 (97-2) SUPPLEMENT LIFE LOBBY LEGISLATIVE UPDATE: Civil Rights Contacts: Ellen McCormick, Legislative Advocate Laurie McBride, Executive Director Sam Catalano, Legislative Assistant 1997 PRIORITIES: LGBTQ YOUTH RIGHTS AND EDUCATION AB 101 (Kuehl) / SUPPORT Education: sexual orientation: nondiscrimination. The “Dignity for All Students Bill.” AB 101 would add “sexual orientation” to all sections of the Education Code which prohibit discrimination. As amended, this bill will have no impact on armed forces training units (ROTC), Boy Scouts programs, or require any affirmative action based on a pupil’s sexual orientation in California’s public schools. ACTIONS: 01/08/97 INTRODUCED 03/18/97 PASSED BY ASSEMBLY HIGHER EDUCATION CMTE., 8-6 04/09/97 PASSED BY ASSEMBLY EDUCATION COMMITTEE, 11 - 9 STATUS: PENDING ASSEMBLY APPROPRIATIONS CMTE., HEARING SET 05/07/97 AB 424 (Baldwin) / OPPOSE Postsecondary education: armed forces training and recruitment. Current law is neutral on the establishment or disestablishment of armed forces training units and military recruitment on public postsecondary campuses. A few of California’s public postsecondary campuses have removed or instituted “phase outs” of armed forces training units because those programs (in compliance with the U.S. Department of Defense) engage in discrimination on the basis of sexual orientation. AB 424 would declare that it is the public policy of this state to allow these units and recruiters access to any campus of any public postsecondary educational institution. AB 424 would prohibit the removal or phase out of any armed forces training unit or recruiter from the curriculum, campus, or facility of any public postsecondary educational institution. Last, AB 424 would require the reinstatement of any of these programs that have previously been removed. ACTIONS: 02/20/97 INTRODUCED 04/22/97 PASSED ASSEMBLY HIGHER EDUCATION CMTE., 8 - 6 STATUS: PENDING ASSEMBLY APPROPRIATIONS COMMITTEE AB 499 (Kuehl) / SUPPORT Education: discrimination: educational institutions: enforcement. Under the Education Code, the governing board of a school district has primary responsibility for ensuring that programs are free from discrimination based on ethnic group identification, religion, are, sex, color, or physical or mental disability. AB 499 would provide that these provisions on discrimination may be enforced through a civil action. ACTIONS: 02/24/97 INTRODUCED 04/16/97 PASSED BY ASSEMBLY JUDICIARY COMMITTEE, 10 - 5 STATUS: PENDING ASSEMBLY APPROPRIATIONS COMMITTEE AB 1113 (House) / 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 STATUS: PENDING ASSEMBLY JUDICIARY COMMITTEE, HEARING SET: 05/07/97 AB 1490 (House) / 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 homosexuality as a viable alternative lifestyle or...refer any pupil to any organization that promotes or advocates 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 good news is this bill will not likely make it out of its first committee. ACTIONS: 02/28/97 INTRODUCED STATUS: PENDING ASSEMBLY EDUCATION COMMITTEE 1997 PRIORITIES: SAME GENDER MARRIAGE / DOMESTIC PARTNERSHIP AB 54 (Murray) / SUPPORT 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 BY ASSEMBLY JUDICIARY COMMITTEE, 10 - 4 04/23/97 PASSED BY ASSEMBLY APPROPRIATIONS CMTE., 11 - 6 STATUS: PENDING ASSEMBLY FLOOR AB 427 (Knox) / 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 ASSEMBLY PUBLIC EMPLOYEES COMMITTEE AB 800 (Margett) / OPPOSE Family law: marriage. The “California Defense of Marriage Act.” AB 800 and SB 911 are two identical measures which seek to prohibit California from recognizing same gender marriages - should they ever be legalized - from other states. These bills would add into California law “compelling interests (that) support the statutory recognition of marriage only between one man and one woman.” Among such interests are: · “Social order... encouraged by fostering procreation and promoting the optimal development of children within a marital setting...” · “The institution of marriage... fortified and protected rather than being further undermined and weakened by fundamentally redefining the institution... to apply to any consenting... persons regardless of gender or number.” · “The state’s treasury... protected from the financial burden of providing millions of dollars for spousal health care, retirement, and other... benefits associated with state recognition of marriages other than between one man and one woman.” The California Defense of Marriage Act further states that “A same sex relationship shall not be entitled to the benefits of marriage under the laws of this state.” This section could apply to benefits currently received in certain cities and counties by “domestic partners.” ACTIONS: 02/26/97 INTRODUCED STATUS: PENDING ASSEMBLY JUDICIARY COMMITTEE, HEARING SET: 05/07/97 AB 1059 (Migden) / SUPPORT Health coverage: domestic partners. This bill would amend and revise the Health and Safety and Insurance Codes to provide that a health care service plan that provides heath benefits to employees or subscribers and their dependents shall also provide benefits to the domestic partner of the employee or subscriber. This bill also includes a statewide domestic partner registry identical to AB 54 (Murray). ACTIONS: 02/27/97 INTRODUCED 04/15/97 PASSED ASSEMBLY INSURANCE COMMITTEE, 9 - 4 STATUS: PENDING ASSEMBLY APPROPRIATIONS COMMITTEE SB 841 (Hayden) / SUPPORT 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. ACTIONS: 02/26/97 INTRODUCED 04/22/97 FAILED SENATE JUDICIARY COMMITTEE, 3 - 4 STATUS: RECONSIDERATION GRANTED - WILL BE HEARD AGAIN IN COMMITTEE SB 911 (Knight) / OPPOSE Identical to AB 800 (Margett), above. ACTIONS: 02/27/97 INTRODUCED 04/22/97 FAILED SENATE JUDICIARY COMMITTEE, 2 - 2 STATUS: FAILED 1997 PRIORITIES: AFFIRMATIVE ACTION / IMMIGRATION ISSUES / WELFARE ISSUES ACA 3 (Murray) / 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 SB 1235 (Watson) / WATCH Human services. Currently a spot bill on welfare reform, this bill will encompass the “Advocate” proposal for welfare reform (see “Welfare Reform” - this page). Urgency measure, requires a 2/3 vote. ACTIONS: 02/28/97 INTRODUCED STATUS: PENDING SENATE HEALTH COMMITTEE Welfare Reform: Brief History (taken from the Legislative Analyst’s Office Proposal) Welfare reform is one of the most important policy issues facing the Legislature and the Governor this year. With the federal enactment of the 1996 welfare reform law, the Aid to Families with Dependent Children (AFDC) program was repealed and replaced with a new Temporary Assistance for Needy Families (TANF) program. The decisions that the Legislature and the Governor make in formulating a new TANF program in California will affect one out of every 13 persons in the state, including 1.8 million children. The dilemma facing any welfare reform proposal is that it must address at least three competing goals: provide public support for children, establish incentives for their parents to work, and control public costs. There are now four welfare reform proposals being circulated in the State Capitol: the Governor’s, the Legislative Analyst’s Office (LAO), the County Welfare Directors’, and the “Advocate” proposal (legislation carried by Diane Watson). The Governor’s proposal is taken to be the most conservative, with the LAO’s and the County Welfare Directors seen as middle of the road. The Advocate proposal is focused on keeping a safety net in place and making sure that safety net funding comes from somewhere other than our children. LIFE staff is recommending that the House of Delegates WATCH, with the future likelihood of SUPPORT(ing), the Advocate proposal which is currently being worked on by the ACLU and the Children’s Advocacy Institute (CAI), among many other groups. The Advocate proposal will take shape in Senate Bill 1235 by Senator Watson. 1997 PRIORITIES: ADOPTION / CHILD CUSTODY / VISITATION AB 53 (Murray) / SUPPORT 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 also 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. AB 53 is a legislative response to the Wilson Administration’s proposed adoption regulations which would require social workers to recommend against adoptions by unmarried couples. These proposed regulations are currently being processed by the State Office of Administrative Law and have not yet been adopted or rejected. AB 53, as written, is likely to be vetoed by the Governor. LIFE staff is working with Murray’s staff and Lambda Legal Defense and Education Fund on bill amendments. ACTIONS: 12/02/97 INTRODUCED 04/02/97 PASSED BY ASSEMBLY JUDICIARY COMMITTEE, 10 - 4 STATUS: PENDING ASSEMBLY FLOOR SCR 3 (Kopp) / WATCH California Law Revision Commission. Under existing law, the California Law Revision Commission is required to study topics requested by the Legislature. SCR 3 would, among other topics, require the California Law Revision Commission to study: “Whether the law should be revised that relates to family law, including, but not limited to, community property, the adjudication of child and family civil proceedings, child custody, adoption, guardianship, freedom from parental custody and control, and related matters, including other subjects covered by the Family Code;” LIFE staff is recommending a WATCH position on this resolution pending further review and discussion with the resolution’s legislative staff. Update: SCR 3 is a measure which is introduced each year, in identical form, to provide the legislative mandate for the California Law Revision Commission. Pending approval by the LIFE House of Delegates, SCR 3 will be removed from future Legislative Updates. ACTIONS: 12/11/96 INTRODUCED 02/18/97 PASSED BY SENATE JUDICIARY COMMITTEE, 6-0 03/17/97 PASSED BY SENATE APPROPRIATIONS CMTE., 10 - 0 04/03/97 PASSED BY SENATE, 38 - 0 STATUS: PENDING ASSEMBLY RULES COMMITTEE GENERAL LGBT CIVIL RIGHTS AND POLICY ISSUES: AB 257 (Villaraigosa) / SUPPORT 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 BY ASSEMBLY HOUSING COMMITTEE, 7 - 5 04/23/97 PASSED BY ASSEMBLY LABOR COMMITTEE, 7 - 2 STATUS: PENDING ASSEMBLY APPROPRIATIONS COMMITTEE GENERAL LGBT CIVIL RIGHTS AND POLICY ISSUES: COALITION WORK AB 310 (Kuehl) / SUPPORT Fair employment and housing. Sponsored by the ACLU, this measure includes the following amendments to California’s Fair Employment and Housing Act (FEHA): · remove caps on damages that can be awarded for employment discrimination (FEHA only - will not apply to the Labor Code); · permit courts to award statutory damages in the amount of up to three times the amount of compensatory damages; · conform FEHA’s religious exemption to the Federal Title VII (i.e.: permit discrimination only by a religious organization - not simply a non-profit); · provide reasonable accommodation for pregnant employees; · expand coverage to protect contract service providers against harassment and discrimination (as currently provided under FEHA); · authorize the department to use “testers” to investigate discrimination (i.e.: undercover investigators to test for discrimination); · permit local jurisdictions to provide greater protections for housing discrimination than under FEHA; · establish a collection mechanism by which claimants can recover damages; · prohibit genetic discrimination in employment; and · codify reasonable person of “same gender” standard to provide mechanism for determining discrimination (“unwelcome conduct that a reasonable person similarly situated to the complainant would consider sufficiently severe or pervasive to alter the conditions of employment or create a hostile or offensive working environment” - see SB 48, below). ACTIONS: 02/14/97 INTRODUCED 04/23/97 PASSED BY ASSEMBLY LABOR COMMITTEE, 7 - 4 STATUS: PENDING ASSEMBLY APPROPRIATIONS COMMITTEE SB 48 (Solis) / SUPPORT Employment: sexual harassment. FEHA prohibits harassment of an employee based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, or age. SB 48 would provide that harassment includes “hostile-work-environment harassment,” which, under SB 48 means: “unwelcome conduct that a reasonable person similarly situated to the complainant would consider sufficiently severe or pervasive to alter the conditions of employment or create a hostile or offensive working environment.” SB 48 is sponsored by the California Labor Federation. ACTIONS: 12/02/96 INTRODUCED 04/09/97 PASSED BY SENATE INDUSTRIAL RELATIONS CMTE., 4-2 STATUS: PENDING SENATE JUDICIARY COMMITTEE GENERAL LGBT CIVIL RIGHTS AND POLICY ISSUES: EMPLOYMENT ISSUES AB 492 (Keeley) / SUPPORT 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 STATUS: PENDING ASSEMBLY APPROPRIATIONS COMMITTEE GENERAL LGBT CIVIL RIGHTS AND POLICY ISSUES: DOMESTIC VIOLENCE AB 45 (Murray) / 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 fiancé, a fiancee, or a person with whom the defendant has, or previously had a dating relationship. This measure is similar to AB 720 (Speier), introduced last session. Under current law, dating relationships are considered valid for battery, but not in the instance of corporal injury resulting in a traumatic condition. ACTION: 12/02/96 INTRODUCED 03/11/97 PASSED BY ASSEMBLY PUBLIC SAFETY COMMITTEE, 13 - 0 04/02/97 SENT TO ASSEMBLY APPROPRIATIONS SUSPENSE FILE * STATUS: PENDING ASSEMBLY APPROPRIATIONS * The Suspense File The Senate or Assembly Appropriations “Suspense File” is an interim filing position for bills which will require a significant allocation from the State’s General Fund. Suspense file bills are held until the Appropriations (fiscal) committee deadline and those bills which are of utmost importance to each author are considered for passage, traditionally, all others are defeated by remaining on the suspense file.