From: Ellen McCormick Date: Mon, 4 Aug 1997 12:52:52 Subject: CA: LGBT Civil Rights Legislative Update 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 Recently passed federal legislation has superceded the intent of AB 424 and is already forcing California's schools to reinstate ROTC.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). ---------------------------------------------------------------------------------------------------------- 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