2007 CALIFORNIA LEGISLATION
The following bills are being monitored by Log Cabin California as they work their way through the legislature. Please direct comments and thoughts to California Director James Vaughn at jvaughn@logcabin.org
ACR 6 (Ma) Teenage Dating Violence (Text of Bill)
This measure recognized February 5 to 9, 2007, as Teenage Dating Violence Awareness and Prevention Week. The resolution noted that "Dating violence is controlling, abusive, and aggressive behavior in a relationship, that can occur in heterosexual or homosexual relationships." The resolution had 16 Assembly Republican co-sponsors.
Log Cabin Republican Position: Strong Support
Status: Passed both chambers with unanimous Republican support.
ACR 11 (Beall) Domestic Violence Awareness Month (Text of Bill)
This measure proclaims the month of October 2007 as Domestic Violence Awareness Month. The resolution noted "Approximately 15 percent of the men who lived with a man as a couple reported being raped, physically assaulted, or stalked by a male cohabitant." The resolution had 25 Assembly Republican co-sponsors.
Log Cabin Republican Position: Strong Support
Status: Passed both chambers with unanimous Republican support.
AJR 29 (Eng) Resolution Urging Federal Support of the Local Law Enforcement Hate Crimes Prevention Act (Text of Resolution)
Urges Congress and the President of the United States to pass H.R. 1592/S. 1105, the Local Law Enforcement Hate Crimes Prevention Act (LLEHCPA), also known as the Matthew Shepard Act, which would allow the U.S. Justice Department to investigate and prosecute hate crimes including those based on gender, sexual orientation and gender identity. Log Cabin national office is actively lobbying on the Hate Crimes Bill in DC.
Log Cabin Republican Position: Strong Support
Status: Passed Assembly 70-1. Please be sure to call or write your Assemblymember to thank them for their vote. Vote Results How To Reach Your Rep. Passed the Senate with no GOP votes in favor and only 1 vote nay. All the rest abstained. This bill does not require the Governor's signature.
ACR 51 (Spitzer) Hate Crimes Awareness Month (Text of Bill)
This measure designated June 2007 as Hate Crimes Awareness Month. Besides being sponsored by Republican Todd Spitzer, the measure was co-sponsored by Republican Assembly Minority Leader Mike Villines. The resolution stated:
All Californians should condemn acts of violence and prejudice on the basis of race, ethnic background, national origin, religious belief, sex, age, disability, or sexual orientation;
Log Cabin Republican Position: Strong Support
Status: Passed both chambers with unanimous Republican support in the Assembly and only one No vote in the Senate.
AB 14 (Laird) CIVIL RIGHTS ACT OF 2007 (Text of bill)
In California, we're in the mop up phase of legislation related to discrimination based on sexual orientation. This bill will prevent discrimination, among other things, in horse racing paddocks, handball courts and public beaches. There are also provisions that would prevent the State from giving funding to groups for services or facilities that provide certain programs such as developmentally disabled programs and drug and alcohol programs if the organization discriminates. The bill is somewhat ambiguous in whether that would mean funding would be denied if the program discriminates or the group itself discriminates. For example, if a state funded group rented a church basement for an AA meeting, could funding be denied if the church does not have a non discrimination policy related to sexual orientation or if only the program itself. EQCA staff stated that theoretically someone could sue and prevent the state from funding a program if the church itself discriminated but not the program. We are concerned that this could deny needed programs especially in rural areas. And perhaps event programs such as meth addiction programs needed by those in the LGBT community. If the bill were amended to ensure this ambiguity was cleaned up we could support it.
Log Cabin Republican Position: NEUTRAL
Status: This bill passed both chambers and will be sent to the Governor. Passed Senate Judiciary Committee on June 27 3-2 with Harman and Ackerman voting no. Previously passed the Assembly 46-29 on May 21st. Blakeslee, Cook and Garcia listed as absent, abstaining or not voting. SIGNED BY GOVERNOR SCHWARZENEGGER
AB 43 (Leno) RELIGIOUS FREEDOM AND CIVIL MARRIAGE PROTECTION ACT
(Text of bill)
After the legislature passed a similar bill last year, Governor Schwarzenegger vetoed it. This bill will attempt once again to create same sex marriage in California. The Governor has stated publicly that he doesn't have a problem with same sex marriage, but that he will veto this bill again. He has expressed the views that the people have voted on this and he won't oppose the will of the people. However, two recent polls show that 44% of Californians are in support of same sex marriage with 6% undecided. It is expected that the California Supreme Court will be ruling on this issue sometime next year. Part of that decision may determine if Prop 22 applies to out of state marriages only. Log Cabin will be monitoring both the court activity and the legislative activity as well as continuing dialog with the Governor's office on this issue.
Log Cabin Republican Position: Support Marriage While Weighing the Best Strategy to Achieve It.
Status: This bill passed both chambers and was sent to the Governor who has indicated he will veto it. Passed Senate Appropriations Committee 9-8. Passed Assembly by a 42-34 vote on June 6th. VETOED BY GOVERNOR.
AB 102 (Ma) Names Equality Act (Text of bill)
Currently in California, domestic partners face many costly bureaucratic hurdles to take the name of their partner at the time of registering as Domestic Partners. In addition, husbands face obstacles in taking their wives' names as easily as woman take their husbands' name. This bill will guarantee equal opportunity to change their names at the time of marriage or domestic partnership registration.
Log Cabin Republican Position: Strong Support
Status: Passed both chambers and will be sent to the Governor. Passed the Senate 24-15 with no GOP votes. Passed Senate Appropriations 9-5. No GOP votes. Passed Assembly on May 7 45-20 vote with 3 Republican votes - Adams, Niello, and Blakeslee. SIGNED BY GOVERNOR SCHWARZENEGGER
AB 394 (Levine) Safe Place to Learn Act (Text of Bill)
According to EQCA "The Safe Place to Learn Act provides clarification and guidance to school districts and the California Department of Education regarding what steps should be taken to ensure compliance with the California Student Safety and Violence Prevention Act of 2000, AB 537 (Kuehl). This necessary clarification will help to ensure that current school safety standards regarding harassment and discrimination are fully and properly implemented. "
Log Cabin Republican Position: SUPPORT
Status: Passed both chambers and will be sent to the Governor. July 12 Passed Senate Education Committee 7-2 with GOP Sen. Abel Maldonaldo voting yes. SIGNED BY GOVERNOR SCHWARZENEGGER
AB 682 (Berg) HIV/AIDS Testing (Text of Bill)
Changes the requirements by hospitals for securing patient consent before conducting an HIV test. It now offers the patient the option to decline when being informed a test will be given.
Log Cabin Republican Position: STRONG SUPPORT
Status: Passed both chambers with near unanimous support from Republicans and Democrats. Sent to the Governor. SIGNED BY GOVERNOR SCHWARZENEGGER
SCR 3 (Cedillo) The Wall Las Memorias Project AIDS Monument (Text of Bill)
This measure would request the Department of Transportation to erect informational signs on a specified portion of State Highway Route 5, in the County of Los Angeles, upon receiving donations from nonstate sources covering that cost, directing motorists to The Wall Las Memorias Project AIDS monument.
Log Cabin Republican Position: Strong Support
Status: Passed both chambers with near unanimous Republican support in both Chambers.
SJR 6 (Kehoe) Resolution Supporting the Repeal of Don't Ask Don't Tell
(Text of resolution)
Calls on Congress and the President to end the ban on Gays and Lesbians in the military.
Log Cabin Republicans Position: STRONG SUPPORT
Status: Passed Assembly 43-29. It has now passed both chambers, but does not require the signature of the Governor. In the Assembly Gaines and Horton were listed as Not Present, Not Voting or Abstaining. Passed the Senate 23-13 with Battin and Harman listed as Not Present, Not Voting or Abstaining.
SB 105 (Migden) Joint Income Tax Filing Implementation (Text of Bill)
"Simplifies the process of filing joint state income tax returns for registered domestic partners." This bill would "provide that a domestic partner or former domestic partner be treated as the spouse or former spouse of
that taxpayer for purposes of applying the Personal Income Tax Law, specified franchise and income tax laws, the Corporation Tax Law, and the Katz-Harris Taxpayer's Bill of Rights Act, except where that treatment would result in the classification of a business entity under those laws that would be different than the classification of
that entity for federal income tax purposes, as provided."
Log Cabin Republicans Position: STRONG SUPPORT
Status: Passed both chambers and will be sent to the Governor. Passed the Assembly Appropriations 12-5 No GOP votes in favor. Passed Senate 37-2, passed with all Republicans voting Aye except Reps. McClintock and Hollingsworth. GOP Senate Caucus had a support position on this bill. SIGNED BY GOVERNOR SCHWARZENEGGER
SB 518 (Migden) Juvenile Justice Safety and Protection Act (Text of bill)
According to EQCA "Senate Bill 518, the Juvenile Justice Safety and Protection Act, authored by Senator Carole Migden (D-San Francisco), would address the crisis of abuse and discrimination against LGBT youth by instituting some basic safeguards that would benefit all young people residing in state and county juvenile justice facilities, including a Youth Bill of Rights, statutory anti-bias rules, and mandatory training regarding youth rights for correctional officers and other facility staff."
Log Cabin Republicans Position: Oppose - The Correctional Standards Authority has issued new guidelines to address the problems addressed in this bill. The bill went too far in restricting the corrections facilities such as stating that withholding visits, religious worship and other privileges as a form of punishment was forbidden. The withholding of these privileges is one of the few means by which correctional authorities can encourage good behavior and abiding by the rules. Public safety experts raised concerns about this bill as well and the Department of Finance noted it creates budget requirements not covered in the Governor's budget. The bill was also opposed by the State Department of Corrections and Rehabilitation.
Status: Passed both chambers and sent to Governor SIGNED BY GOVERNOR SCHWARZENEGGER
SB 559 (Kehoe) Fairness and Equal Taxation for Surviving Partners Act (Text of bill) (Analysis)
Log Cabin Republicans top legislative priority this session, this bill would retroactively apply property tax reassessment exemptions to registered domestic partners for the years 2002-2005. Currently, domestic partners enjoy the same exemption under Prop 13 that married couples do. In the event of the death of a partner or dissolution of the partnership, property would not be reassessed for taxation purposes if there was a change in ownership. This went into effect going forward from 2006, but was not applied retroactively to couples who registered as domestic partners prior to 2006. Domestic partnerships were created in 1999. (Domestic partnership rights involving property death and taxation were added in 2002). In short, if someone in a registered domestic partnership died between 2002-2005 and their property taxes were increased due to the reassessment of their property value, they can apply to have those taxes reduced. In California, same sex couples and heterosexual couples 62 and older may enter into a domestic partnership. This bill would affect same sex couples and straight senior citizen couples who may have been affected. We believe that it is basic Republican principle to cut taxes, especially property taxes. We are urging all Republicans to support lower taxes and SB 559.
Log Cabin Republican Position: STRONG SUPPORT
Status: Passed both chambers and off to the Governor for signature or veto. Passed the Assembly 47 to 29 with no GOP votes in favor. Garcia, Smyth and Strickland listed as Absent, Abstaining or Not Voting. The Caucus had a triple star OPPOSE ranking on this bill. Please contact your Assembly members to let them know how you feel about Republicans who vote against tax cuts. Passed Assembly Revenue and Taxation Committee 6-3 with no GOP votes. Passed Senate 23-12 on June 4th with no GOP votes in favor and Reps. Battin and Margett listed as listed as absent, abstaining or not voting. SIGNED BY GOVERNOR SCHWARZENEGGER
SB 443 (Migden) Tissue Donation: Sperm Donation (Text of bill)
Allows someone, through written consent of the recipient, to accept sperm from HIV positive donors if the sperm has been “washed.” There was near unanimous support for this bill by both chambers including nearly all Republicans.
Log Cabin Republican Position: STRONG SUPPORT
Status: Passed by both chambers with near unanimous support from Republicans in both chambers. SIGNED BY GOVERNOR SCHWARZENEGGER.
SB 777 (Kuehl) Student Civil Rights Act (Text of bill)
According to EQCA "The Student Civil Rights Act would create uniform nondiscrimination standards within the state’s education code so students, teachers and school administrators clearly understand the protections that are provided within California’s publicly-funded schools and programs." Senator Kuehl introduced a bill last year related to discrimination in the classroom including a mandate that textbooks carrying positive portrayals of gays and lesbians. Despite being amended, that bill was vetoed by the Governor. It is said that this bill is different in scope and will not trigger the same concerns that led to the Governor vetoing the previous bill.
Log Cabin Republican Position: Neutral -The protections offered under this bill already exist in current law. This bill makes that explicit by inserting the non-discrimination provisions in the Education Code. But the bill also became a Christmas tree for other legislation including creating a new "California Library Services Board" adding more bureaucracy to government and other unrelated provisions that cause concern for us. In addition, a provision in the bill states "Nor shall a school district sponsor any activity that promotes a discriminatory bias because of a characteristic [such as religion, sexual orientation, etc.]". This provision could cut both ways such as preventing LGBT youth from holding an event that tries to challenge the religious opposition to gays and lesbians. While we support the goals of the bill, the execution and extraneous provisions dampen our support and we are neutral on the final version of the bill.
Status: Passed both chambers and sent to Governor. SIGNED BY GOVERNOR SCHWARZENEGGER
NOTE: EQCA has some helpful information on many of these bills including summaries and other information.
ADDITIONAL LEGISLATION LOG CABIN IS SUPPORTING/OPPOSING/MONITORING
AB 510 (Benoit) Employment Working Hours (Text of bill)
This bill would permit an individual nonexempt employee to request an employee-selected flexible work schedule providing for workdays up to 10 hours per day within a 40-hour workweek, and would allow an employer to implement this schedule without any obligation to pay overtime compensation. This bill would allow gay and lesbian employees and their gay and lesbian employers the chance to set up a more flexible work week to allow people to care for partners, or otherwise use their time. While not targeted to the LBGT community, this bill is pro-LGBT.
Log Cabin Republican Position: STRONG SUPPORT
Status: Failed in committee April 18.
|
