Subject: CA: LGBT Civil Rights Legislative Update
From: Ellen McCormick <[email-masked]>
Date: Mon, 4 Aug 1997 12:52:52

August 1, 1997 (97-5)

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

1997 PRIORITIES: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUESTIONING AND 
QUEER (LGBTQ) YOUTH RIGHTS AND EDUCATION

AB 424 (Baldwin)	Amd: 07/02/97 (date last amended) OPPOSE/PRI 2
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Recently passed federal legislation has superceded the intent of AB 424 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
STATUS: 	PENDING SENATE APPROPRIATIONS COMMITTEE, HEARING SET 08/18/97

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 - TWO YEAR BILL*

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 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/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: 07/09/97		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*
STATUS:		PENDING SENATE FLOOR

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: 06/23/97		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
06/26/97		PASSED SENATE FLOOR, 28 - 5
06/30/97		PASSED ASSEMBLY (CONCURRENCE VOTE), 53 - 9
07/14/97		CHAPTERED INTO LAW BY THE SECRETARY OF STATE
STATUS:		CHAPTERED: #59 OF 1997

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 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/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: (as of 07/29/97)
Welfare Reform negotiations have been closely tied to the State Budget 
negotiations.  As the debate on Welfare Reform has unfolded, so has 
the debate on the State Budget because both are intrinsically linked 
to state funds.  Within the State Budget, Governor Wilson has asked 
for a $1 billion tax cut, while democratic leadership has 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 Governor Wilson has vowed, should the tax cut not be 
approved, that he will pay 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.  So, regardless of 
the actions of Democratic leadership and the fate of Wilson's tax cut, 
there will not be money left over for augmenting our current education 
system or state funding of aid.

The current Welfare Reform package looks like this (taken from the 
Sacramento Bee, 7/29/97): 
· current aid recipients are limited to two years of assistance at a 
time;
· new recipients are limited to 18 months;
· 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.

Although this is considered a compromise, this package is vastly 
different from aid as we have known it.  Today's Sacramento Bee also 
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

STATUS:		PENDING SENATE APPROPRIATIONS COMMITTEE

GENERAL LGBT CIVIL RIGHTS AND POLICY ISSUES: COALITION WORK

AB 310 (Kuehl)		Amd: 07/22/97		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;
· limits FEHA's religious exemption to religious work engaged in by a 
religious corporation, association, or educational institution (under 
this new language, a religious association would not have the ability 
to discriminate on the basis of race, for example, as they currently 
may);
· 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
06/25/97		PASSED SENATE INDUSTRIAL RELATIONS CMTE., 4 - 3
07/15/97		PASSED SENATE JUDICIARY COMMITTEE, 5 - 3
STATUS:		PENDING SENATE APPRORIATIONS COMMITTEE

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. 

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:		INACTIVE FILE - RECONSIDERATION GRANTED - TWO YEAR BILL*

SB 48 (Solis)		Amd: 07/24/97		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.
	SB 48 has been amended into a new bill.  SB 48 now appropriates "$20 
million dollars from the Employment Training Fund in the Budget Act of 
1997 for training programs designed for workers who are current or 
recent recipients of benefits impacted by the federal Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996."

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
07/10/97		PASSED ASSEMBLY LABOR AND EMPLOYMENT, 10 - 0
STATUS:		PENDING ASSEMBLY APPROPRIATIONS COMMITTEE

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: 07/22/97		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 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.
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
07/15/97		PASSED SENATE PUBLIC SAFETY, 8 - 0
STATUS:		PENDING SENATE APPROPRIATIONS 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.

* 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 failed by committee or floor vote (and will not come up again)
BILL (AUTHOR)	POSITION	LEG. 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
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).

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This message has been brought to you by LIFE: California's Lesbian, Gay, 
Bisexual, Transgender and HIV/AIDS Lobby.  LIFE has been lobbying on 
behalf of California's lesbian, gay, bisexual, transgender and 
HIV-affected communities since 1986.  LIFE is the oldest and largest 
institution representing these communities in California's State 
Capitol and is proud to celebrate over a decade of service.  If you 
would like further information about LIFE activities, events or 
membership please contact our office at:

LIFE: California's Lesbian, Gay, Bisexual, Transgender and HIV/AIDS 
Lobby 
926 J Street, Suite 522
Sacramento, CA 95814
(916) 444-0424
fax (916) 444-3059
<http://www.lifelobby.org>