2003 Legislation - Equality California

2003 Legislation

EQCA-Supported Legislation

AB 76 – Discrimination by Non-Employees Expands definition of workplace discrimination to include where an employer fails to take immediate and appropriate corrective action to prevent harassment of an employee by any person, once employer knows or should have known of conduct.
Author: Corbett
Sponsor: CA NOW/CA Labor Federation
Status:: Passed Assembly and Senate. Signed into law by Governor Davis.
AB 458 - Foster Youth Anti-Discrimination Act of 2003 Explicitly prohibits discrimination and harassment against foster children and caregivers on the basis of actual or perceived race, ethnicity, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV
Author: Chu
Sponsor: National Association of Social Workers-California Chapter
Status:: Passed Assembly and Senate. Signed into law by Governor Davis.
AB 661 – School-Based Data Collection on Bias Incidents Allows schools to administer anonymous surveys that contain questions about students’ sexual and gender identity, behavior, and experience of bias incidents, without requiring affirmative parental opt-in.
Author: Hancock
Status:: To inactive file on motion of Author.
AB 685 – HIV Counselor as Limited Phlebotomy Technician Authorizes an unlicensed HIV counselor, as defined, to perform venipuncture or skin puncture to perform a rapid HIV test.
Author: Leno
Sponsor: Health Officers Association of California
Status:: Unfinished business file.
AB 879– Post-Exposure Prophylaxis (PEP) Requires the Office of AIDS to convene a task force to develop guidelines for the use of post-exposure prophylaxis (PEP) in the general population.
Author: Koretz
Sponsor: Southern California HIV Advocacy Coalition
Status:: Passed Assembly and Senate. Signed into law by Governor Davis.
AB 1082 - CalPERS Recognition of Locally-Defined Domestic Partners Allows Public Employees' Retirement System (CalPERS) to recognize local agency definition of “domestic partner” for purpose of providing health benefits to the domestic partners of local agency employees; would allow local agencies to use a definition of domestic partnership that is broader than the definition used by the state.
Author: Laird
Status:: Passed Assembly and Senate. Signed into law by Governor Davis.
AB 1250 - Bias Prevention Training for Teachers Adds “intolerance and hatred prevention” to topics for which school districts may receive grants for teacher training.
Author: Laird
Sponsor: California Federation of Teachers
Status:: Passed Assembly and Senate. Signed into law by Governor Davis.
AB 1363 - Needle Exchange Authorizes local jurisdictions to develop clean needle and syringe exchange projects.
Author: Berg
Status:: Passed Health Committee; Referred to Appropriations Committee.
AB 1520 (Kehoe) - LGBT Veterans' Memorial Creates commission to design and construct LGBT Veterans' Memorial.
Author: Kehoe
Status:: Held in Assembly Veterans Affairs Committee (two-year bill).
ACR 89 – Boy Scouts Resolution Concurrent Resolution to commend the Boy Scouts of America and encourage BSA to accept for membership and leadership positions all qualified boys and men, without discrimination on the basis of sexual orientation or religious belief.
Author: Goldberg
Status:: Passed Assembly and Senate. Chaptered by Secretary of State.
AJR 16 – Nonoxynol-9 Joint Resolution to urge U.S. Food and Drug Administration to ban condoms and sexual lubricants that contain spermicide nonoxynol-9, in conformity with WHO recommendations.
Author: Koretz
Status:: Referred to Rules Committee
SB 2 - Health Insurance Act of 2003 Provides health coverage to specified individuals who do not receive job-based coverage and who work for large and medium employers. For large employers, this coverage will extend to dependents, specifically including “domestic partners.”
Author: Burton
Status:: Passed Assembly and Senate. Signed into law by Governor Davis.
SB 71 - California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act Revisions of state laws relating to public school instruction on HIV/AIDS prevention, sexually transmitted diseases, sex and marriage, and manner in which parent or guardian may excuse child from instruction; Instruction may not reflect or promote bias against any person on the basis of any category protected in Education Code Section 220 (including sexual orientation and gender identity).
Author: Kuehl
Sponsor: Planned Parenthood Affiliates of CA/ACLU-Northern California
Status:: Passed Assembly and Senate. Signed into law by Governor Davis.
SB 85 – County Employees Death Benefits Allows any California county to grant death benefits, optional retirement allowances, or survivor's allowances accorded to a spouse to a domestic partner, subject to approval by the county board of supervisors. (Under current law, only San Mateo, Los Angeles, Santa Barbara, and Marin counties are permitted to offer such benefits to domestic partners.)
Author: Torlakson
Sponsor: California Independent Public Employees Legislative Council
Status:: Passed Assembly and Senate. Signed into law by Governor Davis.
SB 578 – “Sweat-Free” Contractors Establishes “sweat-free” procurement policy and code of conduct to ensure that state contractors’ workplaces are free of “sweatshop” conditions; also provides anti-discrimination requirement for state contractors which includes discrimination based on gender identity and sexual orientation
Author: Alarcon (with Assemblymember Hancock)
Status:: Passed Assembly and Senate. Signed into law by Governor Davis.
SB 719 – Revisions of 1985 School Safety Act Makes minor technical and clarifying changes to the School/Law Enforcement Partnership Program, adding an emphasis on reducing discrimination and harassment
Author: Kuehl
Status:: Passed Assembly and Senate. Signed into law by Governor Davis.
SB 774 - Syringe Sales Authorizes pharmacists to sell hypodermic needles without prescription under specified circumstances; legalizes possession by individual of up to 30 syringes if obtained through an authorized source.
Author: Vasconcellos
Sponsor: Drug Policy Alliance
Status:: Passed Assembly and Senate. Vetoed by Governor Davis.
SCA 5 – Co-owners Exemption from Property Tax Reassessment Proposed Constitutional Amendment to permit counties to exempt co-owners of a primary residence from property tax reassessment if a transfer occurs due to the death of one of the co-owners and they have co-owned and continuously lived in the primary residence for three years.
Author: Speier
Status:: Referred to Revenue & Taxation Committee; hearing canceled at request of Author after Board of Equalization made rulemaking changes addressing this issue.
SCR 11– Shareholder Pressure for Pharmaceutical Provision of HIV/AIDS Meds Concurrent Resolution to urge CalPERS, as shareholder of drug companies that produce HIV/AIDS drug treatments, to introduce shareholder resolutions calling on drug companies to provide affordable HIV/AIDS drug treatments to those infected in less developed countries.
Author: Soto
Status:: Passed Assembly and Senate. Chaptered by Secretary of State.

EQCA-Supported Board Of Equalization Decision
(EQCA Actively Lobbied For Rule Change)

Amendment to Rule 462.040 – Joint Tenancies and Domestic Partners Rule amendment clarifies existing statutory provisions governing creation of “original transferor;” allows individuals to ensure that a surviving partner or intimate relation will not lose the family home, and protects against negative assessment or tax implications.

Opposed Legislation

AB 950 - Opt-In for Sexual Orientation Instruction Prohibits instruction on the subject of “human sexuality, including sexual orientation,” without the prior written consent of a pupil's parent or guardian, for each incidence of instruction.
Author: Haynes
Status:: Referred to Education Committee; hearing canceled at the request of author.
AB 1041 – Parental Notification for Confidential Health Care Changes existing law authorizing minor to leave school to obtain confidential medical services without the consent of his or her parent or guardian; Bill prohibits school authorities from excusing minor pupil from campus during school-day without written consent of parent or guardian, likely limiting student access to HIV tests and counseling.
Author: Runner
Status:: Failed Education Committee; reconsideration granted; hearing postponed by committee.
ACR 59 – Eagle Scouts Resolution Would recognize Boy Scouts who earn the rank of Eagle Scout, and promote brotherhood of scouting across international boundaries as a model of leadership, character, and honor.
Author: Pacheco
Status:: Failed passage in Judiciary Committee; reconsideration granted.

Monitored Legislation

AB 266 – Phase in of San Mateo County Domestic Partner Benefits Authorizes San Mateo County Board of Supervisors to elect to phase-in survivors’ allowances and death benefits to surviving domestic partners of county employees through collective bargaining process and based on actuarial cost estimates.
Author: Mullin
Sponsor: AFSCME Local in San Mateo County
Status:: Passed Assembly and Senate. Signed into law by Governor Davis

Take Action

The anti-LGBT right-wing is trying to kill EQCA's bill to repeal the California law that instructs health officials to conduct research into the "causes and cures of homosexuality." Why? Because they know that when people learn that sexual orientation is not a choice and cannot be changed they are much more likely to support full equality.