From: Ellen McCormick Date: Mon, 16 Jun 1997 13:35:35 Subject: CA: 97-4 Legislative Update 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 For further information about the California State Legislature, pending legislation, vote counts, and committees, please go to: .