2004 Legislation
2004 California Legislative Session
Final List of Bills That Affect LGBT Californians
(As of October 1, 2004)
LGBT Caucus' Priority Bills
a) AB 1520 (Kehoe) - California Veterans Memorial Commission (formerly the LGBT Veterans Memorial Commission)
Status: Passed the Assembly, 47-31. Passed the Senate, 22-15.
Assembly concurred in Senate amendments, 48-29.
Vetoed by Governor Arnold Schwarzenegger.
b) AB 1967 (Leno) - Marriage License Non-Discrimination Act: Prohibit discrimination by the State of California in the issuance of marriage licenses between opposite-sex couples and same-sex couples by eliminating the current "different-gender" requirement in the state's definition of marriage.
Status: Passed the Assembly Judiciary Committee, 8-3. Held in Assembly
Appropriations Committee per author's request. Mr. Leno plans to re-introduce next session with the Speaker as a joint author.
c) AB 2208 (Kehoe) - California Insurance Equality Act: Prohibit discrimination in insurance coverage, i.e., health, homeowners, automobile, etc., to ensure equal treatment between domestic partners and spouses.
Status: Passed the Assembly, 46-31. Passed the Senate, 23-12.
Assembly concurred in Senate amendments, 46-29.
Approved by Governor Arnold Schwarzenegger.
Chaptered by Secretary of State - Chapter 488, Statutes of 2004.
d) AB 2580 (Goldberg) - Domestic Partner Technical Clean-up Bill: Make technical changes to the California Domestic Partner Rights & Responsibilities Act, enacted last year under AB 205, including effective date of community property, third party obligations, allowing the creation of pre-partnership agreements for previously-registered couples, etc.
Status: Passed the Assembly, 44-25. Passed the Senate, 22-13.
Assembly concurred in Senate amendments, 44-28. Enrolled.
Approved by Governor Arnold Schwarzenegger.
Chaptered by Secretary of State – Chapter 947, Statutes of 2004.
e) AB 2889 (Laird) - Employment Anti-Harassment Bill: Clarify language in the Fair Employment and Housing Act (FEHA) to ensure that under state law employers may potentially be liable for any types of harassment under the enumerated bases, i.e., sex, gender, religion, race, ethnicity, national origin, disability, etc., committed against their workers by clients, customers and other third parties if they knew or should have known of the harassment, and failed to take immediate and appropriate corrective action to stop the harassment.
Status: Passed the Assembly, 41-34. Passed Senate Judiciary Committee, 4 - 2. Held in Senate Appropriations Committee.
f) AB 2900 (Laird) - Omnibus Labor & Employment Non-Discrimination Bill: Amend various labor and employment anti-discrimination provisions of the California Codes, i.e., Unemployment Insurance Code Sec. 1256.2, Education Code Sec. 45293, Gov. Code Sec. 19702, Labor Code Sec. 1735, etc., to be consistent with the Fair Employment and Housing Act's enumerated bases.
Status: Passed the Assembly, 48-32. Passed the Senate, 22-13. Enrolled.
Approved by Governor Arnold Schwarzenegger.
Chaptered by Secretary of State – Chapter 788, Statutes of 2004.
g) AJR 60 (Lieber) - Joint resolution supporting the federal Permanent Partners Immigration Act (PPIA).
Status: Passed the Assembly, 42 - 31. Passed the Senate, 21-12.
Assembly concurred in Senate amendments, 43-30. Enrolled
Chaptered by Secretary of State - Resolution Chapter 192, Statutes of 2004.
h) AJR 85 (Leno) - Joint resolution opposing the discriminatory federal constitutional amendment to prohibit same-gender marriage.
Status: Passed the Assembly, 44-28. Passed the Senate, 21-13.
Assembly concurred in Senate amendments, 46-29. Enrolled.
Chaptered by Secretary of State - Resolution Chapter 172, Statutes of 2004.
i) SB 1234 (Kuehl) - Omnibus Hate Crimes Bill - Redrafts, reorganizes, and expands the laws relating to hate crimes. Expands Commission on Peace Officer Standards (POST) training course requirements, and makes other related changes.
Status: Passed the Senate, 22 - 10. Passed the Assembly, 51-23.
Senate concurred in Assembly amendments, 24-14. Enrolled.
Approved by Governor Arnold Schwarzenegger.
Chaptered by Secretary of State – Chapter 700, Statutes of 2004.
Other Good Bills
a) AB 1367 (Steinberg & Laird) – HIV/AIDS Pharmacy Case Management Pilot Program: Establishes a pilot program to help track and monitor how pharmacies aid in the treatment of people living with HIV/AIDS. Governor Arnold Schwarzenegger line-item vetoed the appropriation in the state budget of $1.5 million for the Department of Health Services (DHS) to administer a case management pilot program to evaluate the effectiveness of pharmacist care for those living with HIV/AIDS. This bill reinstates that funding and the previous language along with further legal clarification that will allow the DHS to identify ten pharmacies in the state that serve communities with large numbers of people living with HIV/AIDS to implement this program.
Status: Previous Assembly floor votes not relevant. Passed the Senate, 24-10.
Assembly concurred in Senate amendments, 61-18. Enrolled.
Approved by Governor Arnold Schwarzenegger.
Chaptered by Secretary of State - Chapter 850, Statutes of 2004.
b) AB 1825 (Reyes) - Sexual Harassment Training and Education: Require employers with 50 or more employees to provide 2 hours of training and education to all supervisory employees within one year of January 1, 2005, unless the employer has provided sexual harassment training and education to employees after August 1, 2002. The bill would provide that an employer's compliance with these provisions does not insulate the employer from liability for sexual harassment of any current or former employee or applicant.
Status: Passed the Assembly, 50-28. Passed the Senate, 21-12
Assembly concurred in Senate amendments, 47-31. Enrolled.
Approved by Governor Arnold Schwarzenegger.
Chaptered by Secretary of State – Chapter 933, Statutes of 2004.
c) AB 1918 (Montañez) - Paid Leave for School Employees: Allow a school employee, in a school district that is not subject to the disability compensation laws, to use up to 6 weeks of the 5-month period during which the employee receives differential pay to take time off work to care for a seriously ill child, spouse, parent, domestic partner, or to bond with a new child.
Status: Passed the Assembly, 51-27. Passed the Senate, 21-13.
Assembly concurred in Senate amendments, 48-30. Enrolled
Vetoed by Governor Arnold Schwarzenegger.
d) AJR 70 (Garcia) - HIV and AIDS prevention and treatment for women: Memorialize the President and Congress of the United States to recognize and respond to the growing risk of women contracting, and the increased numbers of women who have contracted, HIV or AIDS by providing more funding for and financial participation in prevention, outreach, and treatment programs that specifically help women and their families who are living with or at risk of contracting HIV or AIDS.
Status: Passed the Assembly, 77-0. Passed the Senate, 38-0.
Chaptered by the Secretary of State, Resolution Chapter 98, Statutes of 2004.
e) HR 53 (Leno, et. al.) - LGBT Pride Month Resolution
Status: Adopted by the Assembly, 43 - 28.
Bad Bills
a) AB 2798 (Leslie) - Require mandatory STD testing of adult film entertainers.
Status: Held in Assembly Health Committee for an interim study.
b) ACR 204 (La Suer) - Declare May 2004 as Traditional Family Month
Status: Pulled from consideration by the author.
c) AJR 67 (Mountjoy) - Joint resolution supporting the federal constitutional amendment to prohibit same-sex marriages.
Status: Failed passage in Assembly Judiciary Committee, 3 - 8.
Watch / Neutral
a) AB 1925 (Haynes) - Notification Procedures Under the Comprehensive Sexual Health and HIV/AIDS Prevention Instruction: Requires a school district to notify the parent or guardian of a pupil if comprehensive sexual health or HIV/AIDS prevention instruction will be taught by outside consultants, or if that instruction is to provided through an assembly with guest speakers.
Status: Passed the Assembly, 70-0. Passed the Senate, 36-0.
Assembly concurred in Senate amendments, 75-1. Enrolled
Approved by Governor Arnold Schwarzenegger.
Chaptered by Secretary of State - Chapter 323, Statutes of 2004.
Compiled by: Eric Astacaan
Office of California Assembly Speaker Fabian Núñez
Assemblyman Mark Leno's Office/Legislative LGBT Caucus
eric.astacaan@asm.ca.gov