2009 Legislation
Final List of LGBT-Related Bills – 2009 Session
(As of Monday, October 19, 2009)
Compiled by Eric Astacaan, 916-319-2226, eric.astacaan@asm.ca.gov
Pro-LGBT-Related / Inclusive Bills:
AB 103 (De León) - Exclude a transfer of co-tenancy interest (tenants in common or joint tenants) in a principal residence from property tax reassessment if the principal residence was owned by two individuals and was transferred to one of those individuals upon the death of the other, with the survivor obtaining sole ownership of that property.
Status: 05/28/2009 – Held under submission in the Assembly Appropriations Committee.
AB 115 (Beall) - Authorize Santa Clara County’s local initiative to extend health care services insurance coverage to the spouses, domestic partners or eligible dependent children of program enrollees.
Status: Passed the California Legislature. Vetoed by the Governor (10/11/2009).
AB 382 (Ammiano) - Require the California Department of Corrections and Rehabilitation (CDCR) to consider sexual orientation and gender identity when classifying inmates in order to prevent sexual violence.
Status: Passed the California Legislature. Vetoed by the Governor (10/11/2009).
AB 772 (Ammiano) - Establish the Local Government Identification Act, which would authorize counties to issue local identification cards (local ID cards) to persons who can provide proof of identity and proof of residency within the county.
Status: Passed the California Legislature. Vetoed by the Governor (10/11/2009).
AB 849 (Swanson) - Increase the circumstances under which an employee is entitled to protected leave pursuant to the Family Rights Act by (1) eliminating the age and dependency elements from the definition of "child," thereby permitting an employee to take protected leave to care for his or her independent adult child suffering from a serious health condition, (2) expanding the definition of "parent" to include an employee's parent-in-law, and (3) permitting an employee to also take leave to care for a seriously ill grandparent, sibling, grandchild, or domestic partner, as defined.
Status: 05/28/2009 – Held under submission in the Assembly Appropriations Committee.
AB 985 (De La Torre) - Require a county recorder, title insurance company or other entity transferring of a deed or other written instrument relating to title in real property to provide the recipient with a document that will allow the recipient to remove the unlawful restrictive covenants and to create a public record which does not contain the restrictive covenant. Status: Passed the California Legislature. Vetoed by the Governor (10/11/2009).
AB 1000 (Ma) - Require employers to provide paid sick days, upon the request of the employee, for diagnosis, care, or treatment of health conditions of the employee or an employee's family member (including a child (as specified), a parent (as specified), a spouse, a registered domestic partner, a grandparent, a grandchild, or a sibling), or for leave related to domestic violence or sexual assault.
Status: 05/28/2009 – Held under submission in the Assembly Appropriations Committee.
AB 1001 (Skinner) - Include "familial status" as an additional basis upon which the right to seek, obtain, and hold employment cannot be denied. This bill contains other related provisions and other existing laws.
Status: 05/28/2009 – Held under submission in the Assembly Appropriations Committee.
AB 1003 (John A. Perez) - Expand access for LGBT service providers to a state fund that supports LGBT-specific domestic violence programs across the state and is subsidized by a $23 fee on new domestic partner registrations.
Status: Passed the California Legislature. Approved by the Governor. Chaptered by Secretary of State - Chapter 498, Statutes of 2009 (10/11/2009). This law takes effect on Friday, 01/01/2010.
AB 1185 (Lieu) - Allow qualified transgender people born in California to return to the county of their birth to obtain a new birth certificate reflecting the correct gender, as well as any accompanying name change.
Status: Passed the California Legislature. Vetoed by the Governor (10/11/2009).
AJR 15 (De León) – Urge Congress and President Obama to sign, the Uniting American Families Act, which would extend immigration rights to bi-national same-sex couples.
Status: Passed the State Assembly, 45 – 29 (09/08/2009). To Senate for its consideration.
AJR 19 (Brownley) - Urge Congress and the President of the United States to repeal the discriminatory Defense of Marriage Act.
Status: Passed the State Assembly, 47 – 29 (08/31/2009). To Senate for its consideration.
HR 5 (Ammiano) – Declare the Assembly’s opposition to Proposition 8 because it is an improper revision, not an amendment, of the California Constitution and enacted improperly in violation of the procedures required under Article XVIII of the California Constitution.
Status: Adopted in the Assembly, 45-27 (03/02/2009).
HR 16 (Nava and Eng) – Urge Congress and the President of the United States to enact into law the federal Matthew Shepard Hate Crimes Prevention Act.
Status: Adopted in the Assembly floor via voice vote (06/25/2009).
HR 17 (John A. Pérez) – Declare June 2009 as LGBT Pride Month.
Status: Adopted in the Assembly, 47 – 11 (06/22/2009).
HR 20 (Eng) – Urge Congress and the President of the United States to enact into law the federal Employment Non-Discrimination Act (ENDA), which would prohibit employment discrimination on the basis of sexual orientation and gender identity.
Status: Adopted in the Assembly, 51 – 26 (09/11/2009).
SB 54 (Leno) – Recognize same-sex couples as being married if they tied the knot outside California before Proposition 8 went into effect and would also give same-sex couples who married elsewhere after Proposition 8 went into effect the same rights as heterosexual couples, except for the designation of "marriage."
Status: Passed the California Legislature. Approved by the Governor. Chaptered by Secretary of State - Chapter 625, Statutes of 2009 (10/11/2009). This law takes effect on Friday, 01/01/2010.
SB 273 (Corbett) - Change the definition of domestic violence to mean the infliction or threat of physical harm against past or present adult or adolescent intimate partners, to include physical, sexual, and psychological abuse against the partner, that is a part of a pattern of assaultive, coercive, and controlling behaviors directed at achieving compliance from, or control over, that partner. The bill would also make the department's comprehensive shelter-based service grant program subject to specified antidiscrimination provisions.
Status: Passed the California Legislature. Approved by the Governor. Chaptered by Secretary of State - Chapter 177, Statutes of 2009 (10/11/2009). This law takes effect on Friday, 01/01/2010.
SB 543 (Leno) - Permit youth ages 12-17 to consent to mental health treatment without parental permission if the attending professional believes the youth is mature enough to make the decision or if the youth would present a danger of serious physical or mental harm to self and others without the services.
Status: Placed on the Assembly inactive file (09/11/2009).
SB 572 (Leno) - Require the governor to proclaim May 22 each year as Harvey Milk Day. It would encourage public schools and educational institutions to conduct suitable commemorative exercises on that date.
Status: Passed the California Legislature. Approved by the Governor. Chaptered by Secretary of State - Chapter 626, Statutes of 2009 (10/11/2009). This law takes effect on Friday, 01/01/2010.
SB 739 (Tony Strickland) - Prohibit the spouse or domestic partner of an elected officer or a candidate for elective office from receiving compensation from campaign funds held by a controlled committee of the elected officer or candidate for services rendered in connection with fundraising for the benefit of the elected officer or candidate.
Status: Passed the California Legislature. Approved by the Governor. Chaptered by Secretary of State - Chapter 360, Statutes of 2009 (10/11/2009). This law takes effect on Friday, 01/01/2010.
SJR 9 (Kehoe) – Urge Congress and the President of the United States to repeal the U.S. military’s discriminatory “don’t ask, don’t tell” policy.
Status: Passed State Senate, 23 – 13 (08/24/2009). To Assembly for its consideration.
SR 7 (Leno) - Declare the Senate’s opposition to Proposition 8 because it is an improper revision, not an amendment, of the California Constitution and enacted improperly in violation of the procedures required under Article XVIII of the California Constitution.
Status: Adopted in the Senate, 18-14 (03/02/2009).
SR 23 (Kehoe) - Place the Senate on record that the Senate thanks the United States House of Representatives for its support of the Local Law Enforcement Hate Crimes Prevention Act and calls on the United States Senate to swiftly pass the Senate companion bill, the Matthew Shepard Hate Crimes Prevention Act.
Status: Adopted in the Senate, 22 – 6 (07/16/2009).
SR 27 (DeSaulnier) – Urge Congress and the President of the United States to enact into law the federal Employment Non-Discrimination Act (ENDA), which would prohibit employment discrimination on the basis of sexual orientation and gender identity.
Status: Adopted in the Senate, 15 – 10 (09/10/2009).
HIV/AIDS –Related Issues:
AB 169 (Portantino) - Add custodial officers who may seek to have an arrestee's blood tested, either voluntarily or by court order, for specified communicable diseases when the custodial officer is exposed to that arrestee's blood or bodily fluids, as defined, while the custodial officer is acting within the scope of his or her duties
Status: Passed the California Legislature. Approved by the Governor. Chaptered by Secretary of State - Chapter 417, Statutes of 2009 (10/11/2009). This law takes effect on Friday, 01/01/2010.
AB 221 (Portantino) - Exempt an HIV counselor who is trained by prescribed personnel and in accordance with training requirements established by the department, and who works under a licensed physician and surgeon, from the requirement that he or she hold a valid certification as a phlebotomist technician.
Status: Passed the California Legislature. Approved by the Governor. Chaptered by Secretary of State - Chapter 421, Statutes of 2009 – URGENCY STATUTE; law effective immediately (10/11/2009).
AB 367 (Galgiani) - Require the Controller to transfer from the General Fund (GF) and the Federal Trust Fund to the Medical Providers Interim Payment (MPIP) Fund a loan amount sufficient to, in the event of a state budget delay, make continued payments to Medi-Cal providers, providers of drug treatment services for persons infected with Human Immunodeficiency Virus (HIV), and providers of services to the developmentally disabled, rather than requiring up to $2 billion to be transferred in existing law. Repeal the authority of the Department of Health Care Services (DHCS) to have a one month payment hold in Medi-Cal.
Status: 05/28/2009 – Held under submission in the Assembly Appropriations Committee.
AB 1045 (John A. Perez) - Limit the reporting requirement to CD4+ T-Cell test results related to a case of HIV infection, but would permit a clinical laboratory to, instead, elect to report all CD4+ T-Cell test results, regardless of whether they relate to a case of HIV infection, in a manner specified by the local health officer. The bill would limit the local health officer's duty to report to the state in cases of duplication.
Status: Passed the California Legislature. Approved by the Governor. Chaptered by Secretary of State - Chapter 501, Statutes of 2009 (09/02/2009). This law takes effect on Friday, 01/01/2010.
AJR 9 (John A. Perez) - Urge Congress and the President of the United States to enact legislation that would provide for a 3-year extension of the Ryan White HIV/AIDS Treatment Modernization Act of 2006, from its current sunset on September 30, 2009, to September 30, 2012.
Status: Approved by the California Legislature. Chaptered by the Secretary of State (Resolution Chapter 57, Statutes of 2009).
AJR 13 (Ammiano) - Request that the President of the United States encourage, and that the Secretary of the United States Department of Health and Human Services adopt, policies that repeal the current discriminatory policies of the FDA regarding blood donation by men who have sexual relationships with men (MSMs).
Status: Passed the State Assembly, 46 – 29 (09/08/2009). To Senate for its consideration.
AJR 17 (Swanson) - Urge the President of the United States, the United States Congress, and the United States Secretary of Health and Human Services to take specified actions in regards to health disparities, particularly as they relate to HIV/AIDS funding.
Status: Passed the California Legislature. To enrollment (09/03/2009).
SJR 14 (Leno) - Urge the President and Congress of the United States to take specified positive federal actions relating to the use of marijuana for medical purposes.
Status: Passed State Senate, 23 – 15 (08/24/2009). To Assembly for its consideration.
Other Bills of Interest:
AB 223 (Ma) - Require the San Francisco Board of Education to make JROTC courses available to pupils under its jurisdiction in grades 9 to 12. This bill would also require the governing board of a school district that establishes courses provided with reference to Reserve Officers' Training Corps units in any secondary school that it maintains to exempt any pupil engaged in an ROTC course from attending courses of physical education and from provisions that require that 2 courses in physical education be completed in order to receive a diploma of graduation from high school.
Status: Referred to Assembly Appropriations Committee. (Two-Year Bill)
AB 556 (Conway) - Prohibit the personal services contract from adversely affecting the state's equal employment opportunity efforts and would require the contract to include assurances that the contractor's hiring practices meet applicable nondiscrimination, equal
employment opportunity standards.
Status: Awaiting to be heard in Assembly Judiciary Committee. (Two-Year Bill)
AB 974 (Strickland, Audra) - The Religious Viewpoints Antidiscrimination Act or the Schoolchildren's Religious Liberties Act would require a school district to treat a pupil's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a pupil's voluntary expression of a secular or other viewpoint and prohibit discrimination against a pupil based on the religious viewpoint expressed. This bill contains other related provisions and other existing laws.
Status: Failed passage in Assembly Judiciary Committee, 3-7 (04/14/2009).
AB 1206 (Miller) – Include political affiliation as a protected characteristic in the hate crimes statutes.
Status: Awaiting to be heard in Assembly Public Safety Committee. (Two-Year Bill)
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