2008 Legislation
LGBT-RELATED BILLS – 2008 SESSION
Final List as of Wednesday, October 1, 2008
Compiled by Eric Astacaan, eric.astacaan@asm.ca.gov, 916-319-2226
Pro-LGBT Equality Bills:
AB 1757 (Hayashi) – Include expressly in the definition of “immediate family” a victim’s registered domestic partner, for purposes of parole hearing.
Status: Bill died; placed in the Senate inactive file.
AB 2204 (De la Torre) – Require removal of discriminatory restrictions in real property deeds, titles, and other written instruments.
Status: Bill died; held under submission by the Senate Appropriations Committee.
AB 2567 (Leno) – Declare May 22 as Harvey Milk State Holiday (non-fiscal) and designate that date as having special significance in public schools and educational institutions and encourage those entities to conduct suitable commemorative exercises on that date.
Status: Passed the California State Legislature. Vetoed by the Governor (09/30/2008)
AB 2654 (Laird) – Conform statutory code provisions prohibiting discrimination in specific government and business operations to those characteristics already covered by non-discrimination laws of general application to government operations and business establishments.
Status: Passed the California State Legislature. Approved by the Governor (09/30/2008). Chaptered by Secretary of State – Chapter 682, Statutes of 2008. Law effective on Thursday, January 1, 2009.
AB 2673 (Feuer) - Conform provisions of the County Employees' Retirement Law of 1937 ('37 Act) to be consistent with the provisions of the California Domestic Partnership Act of 2003, AB 205 (Goldberg).
Status: Passed the California Legislature. Approved by the Governor (07/22/2008). Chaptered by the Secretary of State – Chapter 197, Statutes of 2008. Law effective on Thursday, January 1, 2009.
AB 2716 (Ma) - Require employers to provide paid sick time, upon the request of the employee, for diagnosis, care, or treatment of health conditions of the employee or an employee's family member, or for leave related to domestic violence or sexual assault.
Status: Bill died; held under submission by the Senate Appropriations Committee.
AB 2799 (Saldaña) – Require each county to establish a hate crimes commission or direct an existing board or committee (commission) to fulfill the duties of such commission. Require a commission to review the incidents of hate crimes within the county and ensure that local law enforcement agencies are responding to hate crimes and reporting these crimes to the Attorney General.
Status: Bill died. The Senate did not consider the measure.
AB 2874 (Lieber) - Delete the $150,000 limitation on actual damages that may be assessed by the California Fair Employment and Housing Commission against a respondent who violates the California Civil Rights Act of 2005, as an unlawful practice.
Status: Passed the California State Legislature. Vetoed by the Governor (09/28/2008).
AB 3015 (Brownley) - Require additional subject matter coverage in mandatory trainings of foster care providers and licensing personnel to include basic instruction on existing laws regarding the safety of foster youth at school, including the California Student Safety and Violence Prevention Act of 2000.
Status: Passed the California State Legislature. Approved by the Governor (09/30/2008). Chaptered by Secretary of State – Chapter 557, Statutes of 2008. Law effective on Thursday, January 1, 2009.
ACR 108 (Eng) - Designate June 2008 as Hate Crimes Awareness Month.
Status: Adopted by the California State Legislature. Enrolled and chaptered by the Secretary of State’s Office - Resolution Chapter 73, Statutes of 2008 (07/03/2008)
SB 153 (Migden) - 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 State Legislature. Vetoed by the Governor (09/30/2008).
SB 1066 (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: Bill died; held under submission by the Senate Appropriations Committee.
SB 1661 (Kuehl) - Provide that an individual shall be deemed to have left his or her most recent work with good cause if the individual's employment is terminated as a result of the individual's taking a qualifying leave under the family temporary disability insurance program.
Status: Passed the California State Legislature. Vetoed by the Governor (09/30/2008).
SB 1729 (Migden) - Require all registered nurses, certified nurse assistants, licensed vocational nurses, and physician and surgeons working in skilled nursing facilities or congregate living health facilities participate in a training program to be prescribed by the State Department of Public Health that focuses on preventing and eliminating discrimination based on sexual orientation and gender identity.
Status: Passed the California State Legislature. Approved by the Governor (09/28/2008). Chaptered by Secretary of State – Chapter 550, Statutes of 2008. Law effective on Thursday, January 1, 2009.
HIV/AIDS-Related Bills:
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: Bill died; placed in the Assembly inactive file.
AB 1894 (Krekorian) – Require offering of HIV testing 1) in ERs, 2)under health plans regardless of whether the testing is related to a primary diagnosis, and 3) be a covered service under MediCal.
Status: Passed the California State Legislature. Approved by the Governor (09/30/2008). Chaptered by Secretary of State - Chapter 631, Statutes of 2008. Law effective on Thursday, January 1, 2009.
AB 1984 (Swanson) - Require the Department of Health in conjunction with the California Department of Corrections and CDCR) to make available HIV/AIDS tests to each inmate upon his or her immediate release from prison and on a voluntary basis.
Status: Bill died; held by the Senate Rules Committee.
AB 2279 (Leno) – Prohibit employment discrimination based on a person’s medical marijuana use.
Status: Passed the California State Legislature. Vetoed by the Governor (09/30/2008).
AB 2737 (Feuer) - Authorize a court to order the withdrawal of blood for the above-described purposes from any arrestee whenever the blood or other bodily fluids of this person comes into contact with the skin or membranes of a peace officer, firefighter, or emergency medical personnel while the peace officer, firefighter, or emergency medical personnel is acting within the scope of his or her duties.
Status: Passed the California State Legislature. Approved by the Governor (09/28/2008). Chaptered by Secretary of State – Chapter 554, Statutes of 2008. Law effective on Thursday, January 1, 2009.
AB 2743 (Saldaña) - Declare that it is the policy of the state that its agencies and agents shall not cooperate in federal raids or prosecutions for marijuana-related offenses if the target is a qualified patient, a designated caregiver, or other person covered under state medical marijuana laws, as specified.
Status: Bill died; placed in the Assembly inactive file.
AB 2899 (Portantino) - Require the State Dept. of Public Health, no later than July 1, 2009, to develop an HIV counseling program available to all persons who receive HIV testing at a testing site or clinic, in accordance with specified requirements, including that the site or clinic receives state funding for HIV testing, to be, implemented through contracts entered into between the department and local health departments and community-based organizations.
Status: Passed the California State Legislature. Approved by the Governor (09/28/2008). Chaptered by Secretary of State – Chapter 555, Statutes of 2008. Law effective on Thursday, January 1, 2009.
SB 1098 (Migden) – Provide a tax amnesty program to medical cannabis (marijuana) dispensaries.
Status: Bill died; received no further action in the Senate.
SB 1184 (Kuehl) - Requires clinical labs to report all CD4 count test results to the local health officer (LHO) within seven days of the completion of the test.
Status: Passed the California State Legislature. Approved by the Governor (09/26/2008). Chaptered by Secretary of State – Chapter 347, Statutes of 2008. Urgency Statute – Law went into effect immediately.
SB 1600 (Kuehl) – Include charter schools under the definition of “school district” for purposes of the California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act.
Status: Bill died; placed in the Senate inactive file.
SJR 20 (Migden) – Urge the President and the Congress to enact legislation requiring the Drug Enforcement Administration (DEA), and all other federal agencies, to respect a state's compassionate use laws regarding medical marijuana and request federal law enforcement agencies to enforce federal drug laws relating to medical marijuana in a manner consistent with the laws of California and its political subdivisions.
Status: Bill died; received no further action in Assembly Public Safety Committee.
Anti-Gay Bills:
AB 2085 (Huff) – Repeal the provision enacted under SB 777 (Kuehl), prohibiting discrimination based on sexual orientation and gender identity in public schools.
Status: Bill died; failed passage in Assembly Education Committee, 3 – 6.
AB 2086 (Huff) – Require parental notification of discussion of sexual orientation-related topics in public schools.
Status: Bill died; failed passage in Assembly Education Committee, 3 – 6.
AB 2429 (Strickland) – Withhold certain state funds to school districts that would not allow JROTC programs.
Status: Bill died; received no action in the Assembly Education Committee.
Other Bills of Interest:
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: Bill died; failed passage in the Senate Judiciary Committee, 1 – 3.
AB 509 (Hayashi) – Establish within the State Dept. of Mental Health the Office of Suicide Prevention
Status: Bill died; placed in the Senate inactive file.
AB 2667 (Hayashi) - Require each county mental health agency to establish and maintain a 24-hour suicide prevention telephone hotline that meets specified criteria.
Status: Bill died; held in Assembly Appropriations Committee under submission.
AB 2902 (Swanson) - Require the Department of Public Health (DPH) the Office of Multicultural Health (OMH) to encourage the use of community-based health care workers (CHCWs) to improve health outcomes for underserved communities in public health programs and health care services.
Status: Bill died; no further action taken by the Senate.
SB 1254 (Wyland) - Encourage the Superintendent of Public Instruction (SPI) and the State Board of Education (SBE) to consider methods of enhancing pupils' knowledge of, and pride in, American history and government, and increasing levels of civic participation; and requires a pupil to achieve a score of at least "basic" on the grade 11 history/social science test through the Standardized Testing and Reporting (STAR) Program as a requirement for graduation. (WATCH)
Status: Bill died; held in Assembly Appropriations Committee under submission.
SB 1578 (Florez) - Establish California Title IX for purposes of monitoring college athletics gender equity on postsecondary campuses that have National Collegiate Athletic Association intercollegiate programs, and requires the California State University and request the Regents of the University of California to carry out new responsibilities concerning gender equity. (WATCH)
Status: Bill died; received no further action in the State Senate.
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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