2012 Legislation

California State Legislature
Final List of LGBT-Related Bills – 2012 Session
(As of Monday, November 26, 2012)
Compiled by Eric Astacaan, 916-319-2226, eric.astacaan@asm.ca.gov

Pro-LGBT Equality / Inclusive Bills:

AB 401 (Ammiano) – Delete an obsolete provision from the Carl Washington School Safety and Violence Prevention Act that specifies sexual orientation shall not include pedophilia.
Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by Secretary of State - Chapter 387, Statutes of 2012 (Effective Date: Tuesday, Jan. 1, 2013).

AB 1441 (Beall) - Allow a credit of up to $500 per eligible student for qualified costs paid or incurred by a qualified taxpayer at a qualified educational institution on behalf of the taxpayer, the taxpayer’s spouse (or domestic partner), or any dependent of the taxpayer. The credit allowed would be limited for all taxable years to a total of $2,000 per eligible student.
Status: Bill died.  No further action taken.

AB 1505 (Pan) – Creates a contingency that, if a servicemember has been denied federal benefits due to DADT (or a predecessor policy) and the federal government reverses that decision, the state shall follow suit in conformity with state non-discrimination laws.
Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by Secretary of State - Chapter 397, Statutes of 2012 (Effective Date: Tuesday, Jan. 1, 2013).

AB 1539 (Hayashi) – Create the first lesbian, gay, bisexual and transgender (LGBT) specialty license plate for California to be known as the “Antibullying License Plate Program.”  The sale of these plates will help fund anti-bullying programs at the California Department of Education.
Status: Bill died.  No further action taken.

AB 1700 (Butler) – Exclude a transfer of co-tenancy interest 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: Passed the California Legislature.  Approved by the Governor.  Chaptered by Secretary of State - Chapter 781, Statutes of 2012 (Effective Date: Saturday, Sep. 29, 2012).

AB 1729 (Ammiano) – Encourage effective school discipline by expanding the current list of alternatives to suspension and expulsion for superintendents and principals in the state school discipline codes, and by requiring schools to document alternative means of correction taken prior to suspension or expulsion.
Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by Secretary of State - Chapter 425, Statutes of 2012 (Effective Date: Tuesday, Jan. 1, 2013).

AB 1856 (Ammiano) – Require the training for an administrator of a group home facility, licensed foster parent, and relative or nonrelative extended family member caregiver, to also include instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender (LGBT) youth in out-of-home care.
Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by Secretary of State - Chapter 639, Statutes of 2012 (Effective Date: Tuesday, Jan. 1, 2013).

AB 1857 (Fong) - Authorize school districts (grades 7 to 12) to provide education programs that promote healthy relationships and prevent teen dating abuse.
Status: Bill died.  Held under submission by the Assembly Appropriations Committee.

AB 1880 (Lara) - Require schools (grades 6 to 12) to establish and implement a policy to prevent and respond to dating abuse as their comprehensive school safety plans are reviewed and updated.
Status: Bill died.  Held under submission by the Assembly Appropriations Committee.

AB 1960 (Dickinson) – Require DGS to report on the participation levels of LGBT businesses in state contracts that has been voluntarily reported as of January 1, 2013.
Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by Secretary of State - Chapter 861, Statutes of 2012 (Effective Date: Tuesday, Jan. 1, 2013).

AB 1999 (Brownley) - Include “family caregiver status” as an additional basis for anti-discrimination in the Fair Employment and Housing Act and the Unruh Civil Rights Act.
Status: Bill died.  Held under submission - Senate Appropriations Committee (08/16/2012).

AB 2039 (Swanson) – Expanding the unpaid family leave law to permit an employee to also take leave to care for a seriously ill grandparent, sibling, grandchild, domestic partner, parent-in-law, and independent adult child.
Status: Bill died.  Held under submission - Senate Appropriations Committee (08/16/2012).

AB 2242 (Dickinson) – Address the overuse of out-of-school suspensions for minor and subjectively imposed offenses by limiting the grounds of “willful defiance” to in-school suspensions with appropriate instruction and access to existing mental health providers.  Reaffirm the use of out-of-school suspension in situations where a student’s behaviors are sufficiently severe or pervasive to create a substantial disorder and invade the rights of school staff or students by creating a hostile or intimating educational environment.
Status: Passed the California Legislature.  Vetoed by the Governor.

AB 2356 (Skinner) - Allow fertility clinics to perform fresh artificial insemination without re-testing for HIV and other communicable diseases when the recipient has already attempted at home insemination with a known donor, and the recipient is informed of the donor testing requirements, and signs a written waiver.
Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by Secretary of State - Chapter 699, Statutes of 2012 (Effective Date: Tuesday, Jan. 1, 2013).

ACR 86 (Hueso) - Designate February 2012 as No Place for Hate (registered trademark) Month.
Status: Adopted by the California Legislature.  Chaptered by Secretary of State - Resolution Chapter 24, Statutes of 2012.

ACR 108 (Wieckowski) – Honor the Girl Scouts of America in celebration of their 100th anniversary.
Status: Adopted by the California Legislature.  Chaptered by Secretary of State – Resolution Chapter 5, Statutes of 2012.

ACR 127 (Feuer) - Congratulate and salute the Sea Scouts on their Centennial for providing leadership and positive opportunities for America’s youth and would encourage the Boy Scouts of America, including the Sea Scouts, to accept for membership and leadership positions all qualified youth and adults, without discriminating on the basis of sexual orientation or religious belief.
Status: Resolution died.  No further action taken.

ACR 128 (Feuer) – Recognize, congratulate, and commend the Boy Scouts of America on its 102nd anniversary, and encourage the Boy Scouts of America to accept for membership and leadership positions qualified boys and men without discrimination on the basis of sexual orientation or religious belief.
Status: Ordered to inactive file at the request of the author.  Resolution died.  No further action taken.

ACR 142 (Alejo) - Designate the week of April 15 to 21, 2012, as “National Multicultural Cancer Awareness Week,” and would encourage the promotion of policies and programs that seek to reduce cancer disparities and improve cancer prevention, detection, treatment, and follow-up care for ALL Californians.
Status: Adopted by the California Legislature.  Chaptered by Secretary of State - Resolution. Chapter 30, Statutes of 2012.

AJR 43 (Lara) - Make findings concerning discrimination against lesbian, gay, bisexual, transgender, and queer individuals, and would call upon Congress and the President of the United States to pass legislation that includes sexual orientation and gender identity in all federal antidiscrimination laws.
Status: Passed the California Legislature.  Chaptered by Secretary of State - Resolution Chapter 141, Statutes of 2012.

HR 29 (Gordon / LGBT Caucus) – Proclaim June 2012 as LGBT Pride Month.
Status: Adopted in the Assembly through voice vote (06/18/2012).

HR 41 (Atkins / LGBT Caucus) – Urge the U.S. Postmaster General to issue a commemorative stamp honoring Harvey Milk.
Status: Adopted in the Assembly through voice vote (08/28/2012).

SB 987 (Negrete McLeod) - Make various technical and non-controversial changes to various sections of the Government Code administered by the California Public Employees’ Retirement Board, including code sections governing the California Public Employees’ Retirement System (CalPERS), the Judges’ Retirement Systems I and II (JRS I and JRS II) and the Legislators’ Retirement System (LRS).  Provisions include clarifying references to “spouse,” “surviving spouse,” and “marriage” in the laws governing CalPERS, JRS I and II, and LRS apply equally to a registered domestic partner, or partnership, to the extent provided by the domestic partnership provisions in the Family Code.
Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by Secretary of State. Chapter 833, Statutes of 2012 (Effective Date: Tuesday, Jan. 1, 2013).

SB 1140 (Leno) - Specify that no priest, minister, rabbi, or authorized person of any religious denomination would be required to solemnize a marriage that is contrary to the tenets of his or her faith. Any refusal to solemnize a marriage under that provision shall not affect the tax exempt status of any entity.
Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by Secretary of State. Chapter 834, Statutes of 2012 (Effective Date: Tuesday, Jan. 1, 2013).

SB 1172 (Lieu) - Prohibit a mental health provider from engaging in sexual orientation change efforts with a patient under 18 years of age, regardless of the willingness of a patient, patient’s parent, guardian, conservator, or other person to authorize such efforts.
Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by Secretary of State. Chapter 835, Statutes of 2012 (Effective Date: Tuesday, Jan. 1, 2013).

SB 1476 (Leno) – Provide that a child may have a parent and child relationship with more than 2 parents.
Status: Passed the California Legislature.  Vetoed by the Governor.

SR 34 (Leno and Kehoe) - Proclaim June 2012 as LGBT Pride Month.
Status: Adopted in the Senate, 24 – 6 (06/21/2012).

SR 36 (Kehoe and Leno) – Urge the U.S. Navy to name a ship after Harvey Milk.
Status: Adopted in the Senate, 25 – 8 (08/20/2012).

Health and HIV/AIDS –Related Issues:

AB 2312 (Ammiano) - Establish the Medical Marijuana Regulation and Control Act for the purposes of regulating and controlling medical marijuana activities.
Status: In Senate Business, Professions & Economic Development Committee: Set, first hearing. Hearing canceled at the request of author.  Bill died.  No further action taken.

AB 2472 (Butler & Lowenthal) – Require DHCS to develop a new capitated rate for AIDS Healthcare Foundation in the same manner as it currently develops rates for its other contracting managed care plans.
Status: Bill died.  Held under submission by the Assembly Appropriations Committee.

SB 1182 (Leno) – Exempt from the criminal acts and abatement of nuisance provisions collectives, cooperatives, and other business entities that are organized and operated in compliance with California’s medical marijuana laws (Compassionate Use Act of 1996).
Status: Bill died.  Stricken from file.

Other Bills of Interest:

AB 1217 (Fuentes) - Require, in the case of a surrogacy agreement, a surrogate mother and the intended parent(s) to be represented by separate independent counsel of their choosing. Before the surrogate mother could begin medication for assisted reproduction, this bill would require the parties’ counsel to review the surrogacy agreement and its ramifications with the surrogate mother and the intended parent(s).
Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by Secretary of State - Chapter 466, Statutes of 2012 (Effective Date: Tuesday, Jan. 1, 2013).

AB 1756 (Knight) – Make it optional for school districts to provide instruction relating to the role and contributions of LGBT Americans to the economic, political, and social development of California and the United States.
Status: Bill died.  From committee without further action pursuant to Joint Rule 62(a).

ACR 94 (Morrell) – Recognize the 102nd anniversary of the Boy Scouts of America.
Status: Resolution died.  From committee without further action pursuant to Joint Rule 62(a).

SB 1079 (Rubio) - Codify existing regulations limiting medical services for inmates of the California Department of Corrections and Rehabilitation (CDCR) to only those services which are medically necessary, and excludes treatment for sexual dysfunction or infertility, gender reassignment surgery, and weight reduction surgery.
Status: Returned to Secretary of Senate pursuant to Joint Rule 62(a).  Bill died.  No further action taken.

###

To see the full text and status of a bill, please visit the Legislative Counsel’s website at
http://www.legislature.ca.gov/port-bilinfo.html.