Subject: CA: 97-4 Legislative Update
From: Ellen McCormick <[email-masked]>
Date: Mon, 16 Jun 1997 13:35:35

June 13, 1997 (97-4)

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

Table of 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
Possible Legislative Positions		

(Amd = date last amended)

1997 PRIORITIES: LGBTQ YOUTH RIGHTS AND EDUCATION

AB 101 (Kuehl)		Amd: 04/01/97		Sponsor/PRI 1 
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.  
	Assembly Member Kuehl did not ask for reconsideration on AB 101, 
therefore the bill will not be heard in 1998.  However, it will be 
reintroduced in
1999.

ACTIONS:		
01/08/97		INTRODUCED 
03/18/97		PASSED ASSEMBLY HIGHER EDUCATION CMTE., 8 - 6
04/09/97		PASSED ASSEMBLY EDUCATION COMMITTEE, 11 - 9
05/07/97		PASSED ASSEMBLY APPROPRIATIONS CMTE., 11 - 8
06/03/97		FAILED ASSEMBLY FLOOR, 36 - 40
STATUS:		FAILED - TO INACTIVE FILE
This bill has failed and will appear on future Legislative Updates under
"Inactive Bills."

AB 424 (Baldwin)		Amd: 05/22/97			OPP/PRI 2 
Postsecondary education: armed forces training and recruitment.
AB 424 would prohibit the removal any armed forces training unit or
recruiter from the curriculum, campus, or facility of any public
postsecondary educational institution.

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
STATUS: 	PENDING SENATE EDUCATION COMMITTEE, HEARING SET 06/25/97

AB 499 (Kuehl)		Amd: 06/02/97			SUP/PRI 2
Education: diversity in education: Sex Equity in Education Act
Please note that AB 499 has been moved to "General LGBT Civil Rights and
Policy Issues: Coalition Work."
AB 499 is not a "LGBTQ Youth Rights and Education" specific bill and has
been moved to "General LGBT Civil Rights and Policy Issues / Coalition
Work" (page 6).  Apparently, members of the "Religious Right" Community 
saw
LIFE's previous Civil Rights Legislative Update and targeted AB 499 
because
they mistakenly believed that it sought equality specifically for LGBTQ
youth.  These Legislative Updates are public documents, so to avoid any
further confusion AB 499 will be placed under the more appropriate 
heading.
 LIFE Staff maintains, however, that regardless of confusion - any step 
to
forward equality for disenfranchised youth HELPS ALL YOUTH, including 
LGBTQ
youth.

AB 1113 (House)		Amd: 05/01/97			OPP/PRI 2 
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

AB 1490 (House)		Amd: 05/14/97			OPP/PRI 1 
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 (and just added) 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 recently 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

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

AB 427 (Knox) 		Amd: 04/09/97		SUPPORT/PRI 2 
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: TWO YEAR BILL*

AB 1059 (Migden)		Amd: 05/23/97		Co-Sponsor/PRI 1 
Health coverage: domestic partners.
This bill would amend the Health and Safety and Insurance Codes to 
provide
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
STATUS:		PENDING SENATE INSURANCE COMMITTEE

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

AB 157 (Villaraigosa)	Amd: 03/31/97		SUP/PRI 3
Personal rights: breastfeeding.
AB 157 would authorize a mother to breastfeed her child in any location
where she and her child are otherwise authorized to be present.

ACTIONS:	
03/19/97		PASSED ASSEMBLY JUDICIARY COMMITTEE, 11 - 1
04/03/97		PASSED ASSEMBLY, 61 - 9
06/10/97		PASSED SENATE JUDICIARY COMMITTEE, 8 - 0
STATUS:		PENDING SENATE FLOOR

SJR 15 (McPherson)	Intro: 03/18/97		SUP/PRI 3 
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 who ratify CEDAW, agree 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			SUP/PRI 2 
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*

SB 1235 (Watson)		Intro: 02/28/97		WATCH 
Human services.
Currently a spot bill on welfare reform.  Urgency measure, requires a 
2/3
vote.

ACTIONS:	
02/28/97		INTRODUCED
STATUS:		PENDING SENATE HEALTH COMMITTEE

Welfare Reform Update: LIFE's Welfare Reform Panel at the May/June House 
of
Delegates Meeting was very successful.  Panelists Ignacius Bau, Elena
Lopez-Eldredge, and Valerie Small Navarro talked at length about the
process in which Welfare Reform is being dealt with this session.  Two
messages were very clear: 1) that individuals and organizations should 
pay
close attention to both the conference committee on Welfare Reform and 
the
Budget Committee; and 2) activism must be done through letter writing 
that
is issue specific - not bill specific.  Staff is currently researching
Welfare Reform issues that LIFE should support and/or oppose and will be
writing letters with the Civil Rights Policy Executive Committee
accordingly.

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

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
STATUS:		PENDING SENATE RULES COMMITTEE

GENERAL LGBT CIVIL RIGHTS AND POLICY ISSUES: COALITION WORK

AB 310 (Kuehl)		Amd: 05/30/97		SUP/PRI 2 
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);
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 ASSEMBLY LABOR COMMITTEE, 7 - 4
05/28/97		PASSED ASSEMBLY APPROPRIATIONS, 12 - 8
06/03/97		PASSED ASSEMBLY FLOOR, 41 - 37
STATUS:		PENDING SENATE RULES COMMITTEE

(moved from LGBTQ Youth Rights and Education)
AB 499 (Kuehl)		Amd: 06/02/97		SUP/PRI 2 
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. 
	AB 499 may be heard again in January of 1998.

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

SB 48 (Solis)		Amd: 05/08/97		SUP/PRI 3
Employment: sexual harassment.		
The Fair Employment and Housing Act (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 would mean:
"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 SENATE INDUSTRIAL RELATIONS CMTE., 4 -2
05/06/97		PASSED SENATE JUDICIARY COMMITTEE, 6 - 3
05/19/97		PASSED SENATE APPROPRIATIONS, 28.8'D
05/23/97		PASSED SENATE FLOOR, 21 - 14
STATUS:		PENDING ASSEMBLY DESK

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.
	AB 492 may be heard again in January of 1998.

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: 03/17/97		SUP/PRI 2 
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.
	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 ASSEMBLY PUBLIC SAFETY CMTE., 13 - 0
05/30/97		PASSED ASSEMBLY APPROPRIATIONS CMTE., 18 - 0
06/03/97		PASSED ASSEMBLY FLOOR, 76 - 1
STATUS:		PENDING SENATE RULES COMMITTEE

NOTES
* Two Year Bill
A bill that has missed legislative deadlines for the first year of the 
two
year session, will return in the second year of the two year session and
begin the legislative process where it was left off.  Constitutional
Amendments and Resolutions have different deadlines than typical 
Assembly
and Senate Bills and as such are usually two year bills.

INACTIVE BILLS

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

-bills moved to inactive file
none at this time.

-bills failed by missed legislative deadlines
none at this time.

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).

This Legislative Update is provided by LIFE: California's Lesbian, Gay,
Bisexual, Transgender and HIV/AIDS Lobby.  If you have any questions 
about
this document, LIFE Lobby membership or any of LIFE's activities/events,
please don't hesitate to contact us!

LIFE Lobby Public Policy Staff:
Laurie McBride, Executive Director
Ellen McCormick, Legislative Advocate
Sam Catalano, Legislative Assistant
(916) 444-0424
<http://www.lifelobby.com>

For further information about the California State Legislature, pending
legislation, vote counts, and committees, please go to:
<http://leginfo.public.ca.gov>.