2007 Legislation

Final List of LGBT-Related Bills – 2007 Session
(As of Thursday, January 31, 2008)
Compiled by Eric Astacaan, eric.astacaan@asm.ca.gov, 916-319-2226

 

Pro-LGBT-Related Bills - Pending

 

AB 1757 (Hayashi) – Include expressly in the definition of “immediate family” a victim’s registered domestic partner, for purposes of parole hearing.

Status: 01/07/2008 – Introduced.

 

SB 11 (Migden) – Extend the Domestic Partnership (DP) Registry to opposite-sex couples over the age of 18.  Currently only same-sex couples & senior opposite-sex couples may register as domestic partners.

Status: 07/18/2007 – Placed in Assembly Appropriations Committee suspense file.

            08/30/2007 – Held under submission.

 

SB 1066 (Migden) – Reintroduction of SB 11 above.

Status: 01/10/2008 – Introduced.

 

SB 1113 (Migden) – Exempt from property tax re-assessment the transfer of a co-tenancy interest from one co-tenant to the other that takes effect upon the death of the transferor co-tenant.

Status: 01/31/2008 – Referred to Senate Revenue & Taxation Committee.

 

SJR 20 (Migden) – Memorialize Congress and the U.S. President to respect California medical marijuana laws and enforce federal drug laws in a manner consistent with our state medical marijuana laws.

Status: 01/17/2008 – Referred to Senate Health Committee.

 

HIV/AIDS-Related Bills - Pending

 

AB 66 (Dymally) – Require mandatory HIV testing of inmates

Status: 08/22/2007 – Placed in Senate Appropriations Committee suspense file.

            08/30/2007 – Held in committee and under submission.

 

AB 659 (Ma) – Request the Regents of the University of California (UC) to conduct a three-year study of the clinical impacts of the Human Immunodeficiency Virus (HIV) in persons over 50 years of age.

Status: 08/22/2007 – Placed in Senate Appropriations Committee suspense file.

            08/30/2007 – Held in committee and under submission.

 

AB 1442 (Feuer) - Require clinical laboratories that perform tests to screen for HIV to enroll in a proficiency testing program and to obtain the appropriate license or registration from the State Department of Public Health (DPH); repeal a section of the California Code of Regulations that requires clinical laboratories that screen for HIV to obtain an additional approval from DPH.

Status: 05/21/2007 – Passed the State Assembly, 78 – 0.  To Senate for its consideration.

            09/06/2007 – Passed the State Senate, 38 – 1.  To Assembly for concurrence.

            09/11/2007 – Placed in the inactive file.

 

Other Bills of Interest - Pending

 

AB 250 (DeVore) – Create the revocable transfer on death (TOD) deed, which would transfer real property on the death of its owner without a probate proceeding.

Status: 06/04/2007 – Passed the State Assembly, 79 – 0.  To Senate for its consideration.  Pending hearing in the Senate Judiciary Committee.

 

AB 509 (Hayashi) – Establish within the State Dept. of Mental Health the Office of Suicide Prevention

Status: 06/04/2007 – Passed the State Assembly, 67 – 12.  To Senate for its consideration.

            09/06/2007 – Passed the State Senate, 28 – 8.  To Assembly for concurrence.

            09/11/2007 – Placed in the inactive file.

 

AB 1511 (Leno) – Establish the Stronger Families for California Program to provide parenting adults with the knowledge and communication skills to discuss sexual health with their children.

Status: 07/09/ 2007 – Placed in Senate Appropriations Committee suspense file.

            08/30/2007 – Held in committee and under submission.

 

ACR 9 (Dymally) – Establish the Legislative Task Force on Substance Abuse.

Status: In Assembly Rules Committee.

 

Pro-LGBT-Related Bills – Chaptered

 

AB 14 (Laird) – Enact the Civil Rights Act of 2007 that would strengthen and clarify 51 existing non-discrimination sections within the California Codes to conform with the Unruh Civil Rights Act and Gov. Code Sec. 11135, the principal non-discrimination provision dealing with state-funded programs and activities.

Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by the Secretary of State, Chapter 568, Statutes of 2007 (10/12/2007).

 

AB 102 (Ma) – Allow one or both parties to a marriage or registered domestic partnership to change their surname by entering a new surname on either a marriage license application or certificate of registered domestic partnership.

Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by the Secretary of State, Chapter 567, Statutes of 2007 (10/12/2007).

 

AB 394 (Levine) – Require the California Department of Education (CDE) to (1) assess schools, as part of CDE's existing monitoring process, for compliance with specific anti-discrimination and harassment policies and procedures, and (2) display on their web site specific bias-related and discrimination and harassment information.

Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by the Secretary of State, Chapter 566, Statutes of 2007 (10/12/2007).

 

AB 629 (Brownley) - Require any state-funded or administered sex education programs to be, among other requirements, medically accurate, free from specified biases, culturally and linguistically appropriate, and does not teach or promote any religious doctrine.

Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by the Secretary of State, Chapter 602, Statutes of 2007 (10/13/2007).

 

AJR 29 (Eng) – Memorialize Congress and the President to enact the federal Local Law Enforcement Hate Crimes Prevention Act (LLEHCPA), also known as the Matthew Shepard Act, which would strengthen the ability of federal, state, and local governments to investigate and prosecute hate crimes based on race, ethnicity, religion, gender, gender identity, sexual orientation, and disability.

Status: Passed the State Legislature.  Chaptered by the Secretary of State, Resolution Chapter 109, Statutes of 2007 (08/29/2007).

 

SB 105 (Migden) – Follow-up bill re DP joint state income tax filing.  Clarify that an RDP or a former RDP would be treated as a spouse or former spouse for personal income tax and

corporation tax purposes.

Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by the

            Secretary of State, Chapter 423, Statutes of 2007 (10/10/2007).

 

SB 518 (Migden) – Enact the Youth Bill of Rights that would protect LGBT youth in the juvenile justice system.

Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by the Secretary of State, Chapter 649, Statutes of 2007 (10/13/2007).

 

SB 559 (Kehoe) – Allow registered domestic partners whose property was reassessed due to a change of ownership between January 1, 2000, and January 1, 2006, to apply to the county assessor by June 30, 2009 to receive a reversal of the reassessment.

Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by the Secretary of State, Chapter 555, Statutes of 2007 (10/12/2007).

 

SB 777 (Kuehl) – Update California’s Education Code and ensure the strengthening and uniformity of all non-discrimination policies governing all publicly funded schools, charter schools, alternative schools, and post-secondary educational institutions.

Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by the Secretary of State, Chapter 569, Statutes of 2007 (10/12/2007).

Note:  This law went into effect Friday, Jan. 11, 2008 as the proposed referendum failed to gather the required signatures for ballot placement.

 

SJR 6 (Kehoe) – Joint resolution calling upon Congress and the President to repeal the “Don’t Ask, Don’t Tell” policy, which prohibits openly lesbian, gay, and bisexual Americans from serving in the military.

Status: Passed the California Legislature.  Chaptered by the Secretary of State, Resolution Chapter 63, Statutes of 2007 (06/28/2007).

 

HIV-Related Bills – Chaptered

 

AB 110 (Laird) – Allow funding of clean needle and syringe exchange projects using State General Funds.

Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by the Secretary of State, Chapter 707, Statutes of 2007 (10/14/2007).

 

AB 682 (Berg) – Remove written consent requirement for HIV test, and instead require providers to inform the patient that the test is planned, provide info about the test, and advise the patient of the option to decline the HIV test.

Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by the Secretary of State, Chapter 550, Statutes of 2007 (10/12/2007).

 

HR 4 (Dymally) – Nat’l Black HIV/AIDS Awareness Day

Status: 02/01/2007 – Adopted by the Assembly, 74 - 0.

 

SB 443 (Migden) – Allow HIV or HTLV-1 positive men to donate sperm to a designated recipient after informed, written consent is obtained, and after specified procedures are taken to reduce the risk of transmission of HIV or HTLV-1 to the mother and/or child.

Status: Passed the California Legislature.  Approved by the Governor.  Chaptered by the Secretary of State, Chapter 207, Statutes. of 2007 (09/11/2007).

 

SCR 3 (Cedillo) – Highway Sign on L.A.’s I-5 for The Wall Las Memorias Project AIDS Monument

Status: Passed the California Legislature.  Chaptered by the Secretary of State, Res. Ch. 102, Stats. of 2007. (07/16/2007)

 

Other Bills of Interest - Chaptered

 

ACR 6 (Ma) – Declare Teenage Dating Violence Awareness & Prevention Week.

Status: Passed the California Legislature.  Chaptered by the Secretary of State, Res. Ch. 11, Statutes of 2007 (03/14/2007).

 

Pro-LGBT-Related Bills - Vetoed

 

AB 43 (Leno) – Enact the Religious Freedom & Civil Marriage Protection Act that would extend marriage to same-sex couples.

Status: Passed the California Legislature.  Vetoed by the Governor (10/12/2007).

 

AB 537 (Swanson) – Extend unpaid leave to care for a sick child (minor or adult), parent-in-law, grandparent, sibling, grandchild, or domestic partner.

Status: Passed the California Legislature.  Vetoed by the Governor (10/14/2007).

 

SB 549 (Corbett) – Extend to employees up to four days of bereavement leave upon the death of a spouse, child, parent, sibling, grandparent, grandchild, or registered domestic partner.

Status: Passed the California Legislature.  Vetoed by the Governor (10/13/2007).

 

SB 727 (Kuehl) – Conform the unpaid family leave law (California Family Rights Act) to the paid Family Temporary Disability Insurance program to extend the leave to care for an ill domestic partner.  Expand the definition of “family leave” under both laws to include family leave to care for sick grandparents, grandchildren, parents-in-law, and siblings.

Status: Passed the California Legislature.  Vetoed by the Governor (10/13/2007).

 

SB 836 (Kuehl) – Add “familial status” in the non-discrimination bases under the Fair Employment & Housing Act (FEHA).

Status: Passed the California Legislature.  Vetoed by the Governor (10/13/2007).

 

HIV-Related Bills – Vetoed

 

AB 1334 (Swanson) – Allow condom distribution in prison.

Status: Passed the California Legislature.  Vetoed by the Governor (10/14/2007).

 

Other Bills of Interest – Vetoed

 

AB 174 (Price) – Allow reasonable attorney’s fees & costs in damage awards under the State Civil Service Act’s anti-discrimination provisions.

Status: Passed the California Legislature.  Vetoed by the Governor (10/10/2007).

 

Dead Bills

 

AB 147 (Wolk) – Spot bill implementing the Federal Americans with Disabilities Act.

Status: 02/01/2008-Failed Deadline pursuant to Rule 61(b)(3).

 

AB 165 (Jeffries) – Create the Office of Community Initiatives within the office of the Governor and would require the office to serve as a clearinghouse of information on federal, state, and local funding for charitable services performed by charitable organizations.

Status: 02/01/2008-Failed Deadline pursuant to Rule 61(b)(3).

 

AB 279 (Huff) – Prohibit protesters within 300 feet of a funeral/memorial of a military servicemembers.

Status: 02/01/2008-Failed Deadline pursuant to Rule 61(b)(3).

 

AB 272 (Garcia) – Require offering of HIV test to women during annual OB-GYN exam.

Status: 02/01/2008-Failed Deadline pursuant to Rule 61(b)(3).

 

AB 589 (Levine) – Establish the Teen Dating Violence and Sexual Violence School Employee Response Training

Status: 02/01/2008-Failed Deadline pursuant to Rule 61(b)(3).

 

AB 708 (Huff) – Require the State Dept. of Public Health to develop and implement a program of abstinence education to maximize federal financial participation.

Status: 02/01/2008-Failed Deadline pursuant to Rule 61(b)(3).

 

AB 1146 (Jeffries) – Spot bill to provide clear definition of age-appropriateness in the context of the sexual issues and education provided in the public schools.

Status: 02/01/2008-Failed Deadline pursuant to Rule 61(b)(3).

 

AB 1249 (Silva) – Restrict the discussion of human sexuality and sexual orientation-related information in public schools (Kindergarten through Grade 6).

Status: 02/01/2008-Failed Deadline pursuant to Rule 61(b)(3).

 

AB 1498 (DeVore) – Exclude the non-discrimination policy in state-funded programs and activities provision to any activities, including the internal organization or membership composition, of an organization that is a state contractor or state grantee, including a religious or faith-based organization, that do not directly pertain to the conduct, operation, and administration of the state-funded program or activity.

Status: 02/01/2008-Failed Deadline pursuant to Rule 61(b)(3).

 

AB 1501 (Niello) – Delete within the state employment law dealing with sexual harassment education and prevention training mandate the 2-hour classroom requirement and the provision that the trainers or educators have knowledge and expertise in the prevention of harassment, discrimination, and retaliation.

Status: 02/01/2008-Failed Deadline pursuant to Rule 61(b)(3).

 

AB 1648 (Leno) – Include expressly current and former registered domestic partners in the domestic violence statute.

Status: 02/01/2008-Failed Deadline pursuant to Rule 61(b)(3).

 

AB 1676 (DeVore) – Allow instructional materials to include information regarding the role and contributions of religious people and religious groups in historical events without advocating for or against the tenets of one faith, belief, or practice over another.

Status: 02/01/2008-Failed Deadline pursuant to Rule 61(b)(3).

 

SB 674 (Dutton) – Spot bill to enact legislation providing incentives to employers who offer health insurance, flex-time work schedules, and other benefits agreed upon by employers and employees.

Status: 02/01/2008-Failed Deadline pursuant to Rule 61(b)(3).

 

SB 807 (Machado) – Extend the Holocaust, Genocide, Human Rights, and Tolerance Education Act of 2003 to January 1, 2010.

Status: 02/01/2008-Failed Deadline pursuant to Rule 61(b)(3).

 

To see the full text of each bill, please visit the Legislative Counsel’s website at http://www.leginfo.ca.gov/bilinfo.html

 

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