TO THE GOVERNOR

AB 926 (Bonilla, D-Concord) Reproductive health and research.
Existing law prohibits human oocytes or embryos from being acquired, sold, offered for sale, received, or otherwise transferred for valuable consideration for medical research or otherwise transferred for valuable consideration for medical research or development of medical therapies, and prohibits payment in excess of the amount of reimbursement of direct expenses to be made to any research subject to encourage her to produce human oocytes for the purposes of medical research.

This bill would instead require women providing human oocytes for research to be compensated for their time, trouble, and inconvenience in the same manner as other research subjects, as prescribed. The bill would require an institutional review board to disregard the amount of compensation if a woman providing human oocytes for fertility is compensated, human oocytes or embryos in excess of those needed for fertility are offered for research, and certain conditions are met.

Passed Assembly Health Committee, as amended, 14-5
Passed Assembly, 54-20
Passed Senate Health Committee, 6-1
Passed Senate 24-9
To Governor

To see how they voted, click here, then use the “votes” tab

Talking points:

  • The essential components to the creation of human life should not be reduced to a commodity.
  • The bill amounts to selling eggs for research, which crosses well-established moral and ethical lines already in place by the sales ban on human organs.
  • Insufficient data is available about the long-term effects of fertility drugs used to stimulate ovulation for the harvesting of eggs.
  • Some studies suggest links to cancer, and 6 percent of women using the drugs develop ovarian hyperstimulation syndrome, which causes painful swelling to the ovaries that can prompt fluid to leak into the abdomen and chest.
  • Other possible repercussions include weight gain, bloating, nausea, shortness of breath, blood clots, kidney failure, electrolyte imbalance and hormone-induced depression.
  • Less known are the emotional repercussions of a woman going through ovulation stimulation that does not result in pregnancy.
  • The lure of quick money puts cash-strapped women, particularly those in college, at greatest danger to a highly unregulated industry.

AB 1266 (Ammiano, D-San Francisco) Pupil rights: Sex-segregated school programs.
Existing law prohibits public schools from discriminating on the basis of specified characteristics, including gender, gender identity, and gender expression, and specifies various statements of legislative intent and the policies of the state in that regard. Existing law requires that participation in a particular physical education activity or sport, if required of pupils of one sex, be available to pupils of each sex.

This bill would require that a pupil be permitted to participate in sex-segregated school programs, activities, and facilities, including athletic teams and competitions, consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records.

Passed Assembly Education Committee, as amended, 5-2
Assembly floor April 29, read second time, to third reading
Passed Assembly, 46-25
Passed Senate Education Committee, 5-2
To third reading
Passed Senate 21-9
Governor Brown signed this bill into law

To see how they voted, click here, then use the “votes” tab

Talking points:

  • This measure expands on previous laws giving special rights to children who believe they are transgender.
  • In this new proposal, the common good for all school children would be rejected in favor of the perceived feelings of no more than a few classmates who claim confusion about their gender identity.
  • Once again, lawmakers are forcing disruptive legislation upon entire schools and districts to accommodate the needs of a tiny, selected class of students who are processing issues outside of the scope of academic learning.
  • Removes safety procedures that segregate students by gender in locker rooms and would instead allow teens to enter any dressing room of their liking under the guise of “gender identity.”
  • California public schools need to focus on their history of under-performing, not on social experiment venues for sexual behaviors.

 

KEY BILLS

AB 154 (Atkins, D-San Diego) Abortion
Existing law makes it a public offense, punishable by a fine not exceeding $10,000 or imprisonment, or both, for a person to perform or assist in performing a surgical or nonsurgical abortion if the person does not have a valid license to practice as a physician and surgeon, or to assist in performing a surgical or nonsurgical abortion without a valid license or certificate obtained in accordance with some other law that authorizes him or her to perform the functions necessary to assist in performing a surgical abortion.

Under existing law, nonsurgical abortion includes termination of pregnancy through the use of pharmacological agents.
Existing law, the Nursing Practice Act, provides for the licensure and regulation of registered nurses, including nurse practitioners and certified nurse-midwives, by the Board of Registered Nursing. Existing law, the Physician Assistant Practice Act, provides for the licensure and regulation of physician assistants by the Physician Assistant Committee of the Medical Board of California.

This bill would instead make it a public offense, punishable by a fine not exceeding $10,000 or imprisonment, or both, for a person to perform an abortion if the person does not have a valid license to practice as a physician and surgeon, except that it would not be a public offense for a person to perform an abortion by medication or aspiration techniques in the first trimester of pregnancy if he or she holds a license or certificate authorizing him or her to perform the functions necessary for an abortion by medication or aspiration techniques. The bill would also require a nurse practitioner, certified nurse-midwife, or physician assistant to complete training, as specified, in order to perform an abortion by aspiration techniques, and would indefinitely authorize a nurse practitioner, certified nurse-midwife, or physician assistant who completed a specified training program and achieved clinical competency to continue to perform abortions by aspiration techniques. The bill would delete the references to a nonsurgical abortion and would delete the restrictions on assisting with abortion procedures.

Passed Assembly Business, Professions and Consumer Protection Committee, 9-4
Passed Assembly Health Committee, 13-6
Passed Assembly Appropriations Committee, 12-5
Passed Assembly, 52-25
Senate Business, Professions & Economic Development Committee, passed as amended, 8-2
Passed Senate Health Committee, 7-2
To Senate Appropriations Committee, Aug. 12

To see how they voted, click here, then use the “votes” tab

Talking points:

  • “Aspiration” is a surgical abortion involving invasive suction, not merely an office procedure.
  • Puts pregnant women at risk by reducing the amount of training and experience required to perform a surgical abortion.
  • Contradicts the pro-choice arguments that legalized abortion puts the safety of women first.
  • Increases the state’s abortion rate.
  • Counters national trends, which are seeing more states restrict—not expand—access to abortion.

AB 362 (Ting, D-San Francisco) Personal income taxes: exemption: Health insurance.
The Personal Income Tax Law imposes a tax on individual taxpayers measured by the amount of the taxpayer’s taxable income for the taxable year, but exempts certain items of income from that tax.

This bill would state the intent of the Legislature to enact legislation that would provide an exemption from personal income taxes for same-sex domestic partners or same-sex spouse sand the dependents of the same-sex domestic partners or same-sex spouses paid to an individual by his or her employer to cover employer-sponsored health insurance.

Assembly Revenue and Taxation Committee, to suspense file
Passed Assembly Revenue and Taxation Committee, 7-2
Passed Assembly Appropriations Committee, 12-5
Passed Assembly, 56-19
To Senate Committee on Governance and Finance, Aug. 14

To see how they voted, click here, then use the “votes” tab

Talking points:

  • The bill is designed to circumvent the federal Defense of Marriage Act by exempting from taxable income “bonuses” paid to cover health insurance and other benefits for same-sex partners.
  • The federal DOMA law, signed by President Bill Clinton, was established to keep taxpayer money from being used to mimic exemptions for marriage.
  • Provides a tax incentive—based on lifestyle—for a designated class of people, which amounts to a special right.

AB 460 (Ammiano, D-San Francisco) Health care coverage: Infertility.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law also imposes various requirements and restrictions on health care service plans and health insurers, including, among other things, a requirement that every health care service plan contract or health insurance policy that is issued, amended, or renewed on or after January 1, 1990, offer coverage for the treatment of infertility, except in vitro fertilization, under those terms and conditions as may be agreed upon between the group subscriber or the group policyholder and the plan or the insurer, except as provided.

This bill would require that the coverage for the treatment of infertility be offered and provided without discrimination on the basis of age, ancestry, color, disability, domestic partner status, gender, gender expression, gender identity, genetic information, marital status, national origin, race, religion, sex, or sexual orientation. In sum, this bill would mandate health care payment for infertility treatment for same-sex couples, who by definition cannot reproduce together.

Passed Assembly Health Committee, 13-6
Passed Assembly Appropriations Committee, 12-5
Passed Assembly, 50-24
Passed Senate Health Committee, 7-2
To Senate Appropriations Committee, Aug. 12

To see how they voted, click here, then use the “votes” tab

Talking points:

  • Forces insurance companies to expand their services by providing infertility coverage for homosexual couples.
  • Contains no opt-out clause for employers who oppose the homosexual lifestyle on moral or religious grounds.
  • Forces costs for such mandates onto all who participate in the plans.
  • Adds another state-mandated intrusion to the private sector.
  • Establishes and promotes another protected class, or special right, for homosexuals.

AB 465 (Bonilla, D-Concord) Youth sports: Criminal background checks.
Existing law authorizes specified entities to receive state summary criminal history information from the Department of Justice. Existing law also requires mandated reporters, as defined, to report child abuse and neglect to local law enforcement.

This bill would require the department to provide state summary criminal history information to the director of a community youth athletics program, or his or her designee, for the purposes of screening volunteer or hired coaches and would prohibit a person from having access to minors as a coach or volunteer until the community youth athletics program has received and reviewed the state summary criminal history information. The bill would state that performing the required background check does not remove or limit the liability of a mandated reporter.

Passed Assembly Public Safety Committee, 6-0
Passed Assembly Appropriations Committee, 17-0
Passed Assembly, 75-0
Passed Senate Public Safety Committee, as amended, 7-0
Passed Senate, 32-0
To Assembly for concurrence

To see how they voted, click here, then use the “votes” tab

Talking points:

  • AB 465 is a common-sense approach to help parents and youth workers protect their children by providing valuable information about sex offenders.
  • Provides an extra layer of protection that may fill the gaps caused by bureaucratic delays in fingerprinting and other background check information.
  • The proposal is cost-effective because it only seeks to distribute information the Department of Justice already has in its possession and distributes to other agencies.

AB 714 (Wieckowski, D-Fremont) Roman Reed Spinal Cord Injury Reearch Fund.
Originally introduced as a $1 assessment for all moving violations to fund spinal cord research, some of it using embryonic stem cells, author Bob Wieckowski has twice amended his bill—first to drop the traffic citation funding scheme, replacing it instead with a direction allocation from the state’s general fund and then reducing the allocation amount from $2 million to $1 million.

The original amendment appears to deal with concerns raised last year by Gov. Jerry Brown, who vetoed a similar proposal, saying traffic fines were an inappropriate funding mechanism for research.

Existing law, the Roman Reed Spinal Cord Injury Research Act of 1999, authorizes the University of California to establish a spinal cord injury research fund, independent of the State Treasury, to accept public and private funds for purposes of spinal cord injury research, as specified.

Re-referred to Assembly Health Committee
Passed Assembly Health Committee, 16-2
Passed Assembly Appropriations Committee, as amended, 14-0
Passed Assembly, 68-3
Passed Senate Health Committee, 9-0
To Senate Appropriations Committee, Aug. 12

To see how they voted, click here, then use the “votes” tab

Talking points:

  • Sacrificing the life of embryos is going too far in the development of cures for disabilities or diseases. Human life should not be reduced to a commodity.
  • Much greater promise has been shown in developing cures from adult stem cells, which do not require the destruction of life.
  • California taxpayers have already spent more than $6 billion on stem-cell research—most of it wasted on unsuccessful embryonic stem cell research—thanks to voter-approved Proposition 71.

AB 980 (Pan, D-Sacramento) Building standards.
Original: Existing law establishes the Office of Statewide Health Planning and Development within the California Health and Human Services Agency and requires the office to, among other things, develop a Health Manpower Plan for California that consists of appropriate standards for determining the adequacy of supply of specified health personnel.

Amended: Requires the State Building Standards Commission to adopt emergency regulations to repeal a specific portion of the 2013 Triennial Edition of the Building Standards Code. Prohibits the commission from adopting building code standards that establish construction requirements from primary care clinics that provide medication or aspiration abortion services that differ from construction standards applicable to other specified primary care clinics.

Passed Assembly Business, Professions and Consumer Protection Committee, 8-4
Passed Assembly Appropriations Committee, 12-5
Passed Assembly, 47-21
Passed Senate Health Committee, 7-2
Senate Appropriations Committee, Aug. 12

To see To see how they voted, click here, then use the “votes” tab

Talking points:

  • Eases building code requirements by reclassifying abortion procedures as “primary care.”
  • Despite arguments to the contrary, abortion is much more invasive than just taking a pill for a cold.
  • Complications from abortion include vomiting, diarrhea, nausea, cramping, fever, chills and vaginal bleeding that has in some instances resulted in hemorrhaging so great as to require a blood transfusion.
  • Attempts to minimize the risk of abortion as part of a larger agenda to normalize abortion.

AB 1403 (Judiciary Committee) Family law.
The Uniform Parentage Act defines the parent and child relationship as the legal relationship existing between a child and the child's parents, including the mother and child relationship and the father and child relationship, and governs proceedings to establish that relationship.

The bill would define “natural parent” as a nonadoptive parent, as specified, whether biologically related to the child or not. The bill would also make certain provisions gender neutral and refer instead to a “presumed parent” or “parent.” The bill would make other conforming changes.

Passed Assembly Judiciary Committee, 10-0
Passed Assembly Appropriations Committee, 17-0
Passed Assembly 65-11
Passed Senate Judiciary Committee, 6-1
To Senate Appropriations Committee, Aug. 12

To see how they voted, click here, then use the “votes” tab

Talking points:

  • The law would not only redefine the definition of a parent, it would also redefine the meaning of the world “natural.”
  • The law expands, at will, who qualifies to become a child’s parent.
  • The bill waters down the vital roles mothers and fathers play in child development by rendering their gender meaningless.
  • The law can arbitrarily infringe upon a biological parent’s rights in favor of a “presumed parent.”

SB 145 (Pavley, D-Santa Monica) Sex Offenders: Child pornography
Existing law makes it a felony, punishable by imprisonment in the state prison for 16 months to 3 years, or in a county jail for up to one year, or by a fine not exceeding $2,500, or by both the fine and imprisonment, to knowingly possess or control child pornography, as specified.

A subsequent violation of this provision is punishable by imprisonment in the state prison for 2 to 6 years.

Deletes the sentencing structure for a subsequent violation of knowingly possessing or controlling child pornography, and increases imprisonment in the state prison to 3, 5, or 7 years. Makes it either a felony or a misdemeanor, punishable by imprisonment or fine, or by both, if the person knowingly possesses or controls child pornography, and the matter contains more than 600 images, at least 10 of which are images of prepubescent minors or minors under 12 years of age.

Senate Public Safety Committee April 9
Passed Senate Appropriations Committee, 5-1
Passed Senate, 39-0
Assembly Public Safety Committee, Aug. 13

To see how they voted, click here, then use the “votes” tab

Talking points:

  • Dramatically increases punishments from as few as 16 months to as much as 7 years for the first time offense of possessing or controlling child pornography.
  • The penalty for the worst offenders would more than double, from 3 years to 7 years.
  • Helps to counter California’s reputation of being among the weakest states regarding the penalties for child pornography offenders.
  • While the scaled sentencing guidelines will increase sentences across the board, it will give judges the ability to provide harsher punishments for the worst offenders.

SB 323 (Lara, D-Long Beach) Taxes: exemptions: Prohibited discrimination.
The Sales and Use Tax Law exempts from the taxes imposed by that law the sales of food products, nonalcoholic beverages, and other tangible personal property made or produced by an organization, as defined, but only if sold on an irregular or intermittent basis and the organization’s profits from the sales are used exclusively in furtherance of the purposes of the organization. The Corporation Tax Law, in modified conformity with federal income tax laws, exempts the income of various types of organizations from taxes imposed by that law.

This bill would revise the Sales and Use Tax Law exemption for those organizations, as provided. This bill would also provide that an organization that is a public charity youth organization that discriminates on the basis of gender identity, race, sexual orientation, nationality, religion, or religious affiliation is not exempt from the taxes imposed by that law.

Passed Senate Governance and Finance Committee, 5-2
Passed Senate, 27-9
Assembly Revenue and Taxation Committee, Aug. 12

To see how they voted, click here, then use the “votes” tab

Talking points:

  • Punishes nonprofit youth organizations and schools for their moral and religious beliefs.
  • Elevates the cultural “rights” of homosexuals above religious liberties as guaranteed in the U.S. Constitution and by doing so inflicting its own type of discrimination.
  • Sets the state up as the purveyor of what type of thought is acceptable.
  • The U.S. Supreme Court, in Boy Scouts of America v. Dale, has affirmed the right of nonprofit organizations to exclude from membership anyone who impacts the group’s private viewpoints.
  • The bill is the first-step toward stripping such groups of property tax exemptions.

 

GOOD BILLS

AB 20 (Waldron, R-Escondido) Obscene matter: Minors
Existing law generally prohibits the production, distribution, and production of any representation of information, data, or image, as specified, of any obscene matter that depicts a person under 18 years of age personally engaging in or personally simulating sexual conduct, as defined. Violations of these provisions are crimes.

This bill would provide that every person who is convicted of a violation of specified offenses relating to obscene matter involving minors, as specified, in which the violation is committed on, or via, a government-owned computer or via a government-owned computer network, or in which the production, transportation, or distribution of which involves the use, possession, or control of government-owned property shall, in addition to any imprisonment of fine imposed for the commission of the underlying offense, be punished by a fine not exceeding $2,000, unless the court determines that the defendant does not have the ability to pay.

Passed Assembly Public Safety Committee, 7-0
Passed Assembly, 74-0
Passed Senate Public Safety Committee, 7-0
Passed Senate, 33-0
To Assembly for concurrence

To see how they voted, click here, then use the “votes” tab

Talking points:

  • Targets those using child porn on government computers, equipment, including those at public libraries.
  • Fines for the crime would increase to $2,000.
  • Although sentences and fines should be much higher as a deterrent, the proposal is a step in the right direction.
  • Librarians would no longer be able to turn a blind eye to violations observed in their workplace without threat of legal consequence.
  • Revenues would be used for sexual assault investigator training, high technology crime task forces, public agencies and nonprofit corporations that provide shelter, counseling, or other direct services for victims of human trafficking, and multidisciplinary teams involved in the prosecution of child abuse cases.

SB 160 (Lara, D-Long Beach) Classified school employees: Child abuse investigations
Requires a school district to notify the State Board of Education when a classified employee of the school district separates from employment with the district during the course of an investigation for child abuse, in which no arrest or conviction has been made. Requires the state board to keep a centralized list of these notifications and makes the list available to all school districts.

Passed Senate Education Committee, as amended 9-0
Passed Senate 38-0
Assembly Public Safety Committee, Aug. 14

To see how they voted, click here, then use the “votes” tab

Talking points:

  • Increases school safety by giving school districts another way to screen potential employees.
  • The bill would make it more difficult for pedophiles and other child abusers to jump from school to school to avoid detection.
  • Adds another layer to traditional background checks, which can have delays in reporting.

SB 473 (Block, D-San Diego) Human trafficking.
Existing law, as amended by Proposition 21 as approved by the voters at the March 7, 2000, statewide primary election, provides that any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished, as specified. Existing law defines “a pattern of criminal gang activity” as the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of, 2 or more listed offenses. Proposition 21 may be amended by a statute passed by a 2/3 vote of the membership of each house of the Legislature.

This bill would add pimping, pandering, and human trafficking as offenses that may be used to establish a pattern of criminal activity for the purposes.
It would also require that any person convicted of a human trafficking offense or a specified sex trafficking offense where any part of the violation takes place upon the grounds of, or within 1,000 feet of, a public or private elementary school, vocational, junior high, or high school during the hours that the school is open for classes or school-related programs, or at any time when minors are using the facility, receive, in addition to any other penalty imposed, punishment of 3 years in state prison.

Passed Senate Public Safety Committee, 7-0
Passed Senate Appropriations Committee, 7-0
Passed Senate, 39-0
Passed Assembly Public Safety Committee, 7-0
Assembly Appropriations Committee, to suspense file

To see how they voted, click here, then use the “votes” tab

Talking points:

  • Widens the definition of a “a pattern of criminal gang activity” to include pimping, pandering, and human trafficking.
  • Provides law enforcement with another tool to get human traffickers off the streets.
  • Further limits access to areas where minors gather for those who have been convicted of sex trafficking offenses.

 

FAILED GOOD BILLS

AB 2 (Morrell, R-Rancho Cucamonga) Sex offenders: Parole violations
This bill would provide that any criminal defendant who is released on parole or to post-release community supervision, who has suffered a prior or current felony requiring registration as a sex offender, and who violates that parole or post-release community-based supervision by ignoring the requirement to register as a sex offender shall serve any period of incarceration ordered for that violation in a state prison.

Failed Assembly Public Safety Committee, 2-4
To see how they voted, click here, then use the “votes” tab

AB 135 (Buchanan, D-San Ramon) Certificated employees: Evaluation
Amends existing law requiring that an evaluation and assessment of the performance of a certificated employee be made on a continuing basis, including at least every 3 years for personnel with permanent status who have been employed at least 10 years with the school district, and are highly qualified.
Under current law, the assessments are not required for up to 5 years. While the law is a good first step in identifying potential trouble spots, the legislation does not address actions for teachers who receive poor evaluations.

Assembly Education Committee, no vote
To see how they voted, click here, then use the “votes” tab

AB 156 (Holden, D-Pasadena) Human Trafficking: Electronic communications
An act to amend Section 629.52 of the Penal Code, relating to human trafficking, the bill expands the provisions of existing law authorizing interception of wire or electronic communications to apply if a judge determines that there is probable cause to believe that an individual is committing, has committed, or is about to commit a violation of that provision proscribing human trafficking.

Existing law also allows the monitoring of electronic communications in cases of murder and the illegal possession or sale of controlled substances.

Assembly Public Safety Committee, 7-0
Assembly Appropriations Committee, held
To see how they voted, click here, then use the “votes” tab

AB 375 (Buchanan, D-San Ramon) School employees: Dismissal or suspension.
Existing law prohibits a permanent employee from being dismissed except for one or more of specified causes, including, among other causes, immoral or unprofessional conduct. Existing law requires the governing board of a school district to give notice to a permanent employee of its intention to dismiss or suspend the employee, together with a written statement of charges, for unprofessional conduct or unsatisfactory performance, at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing.

This bill would require that a governing board’s notice to dismiss or suspend an employee, together with written charges filed or formulated pursuant to those procedures, be sufficient to initiate a hearing, as prescribed, and would prohibit the governing board from being required to file or serve a separate accusation. The bill would revise various procedures for providing notice of dismissal or suspension and would authorize a notice of dismissal or suspension to be given at any time of year, except a notice for a proceeding involving only charges of unsatisfactory performance, which would only be given during the instructional year of the school site where the employee is physically employed.

Passed Assembly Education Committee, 7-0
Passed Assembly Judiciary Committee, 7-1
Passed Assembly Appropriations Committee, 13-0
Passed Assembly, 51-24
Failed Senate Education Committee, 4-0

To see how they voted, click here, then use the “votes” tab

AB 430 (Olsen, R-Modesto) Teacher evaluation: Teacher Professional Growth Plan.
This bill would establish the Teacher Professional Growth Plan for all school districts, to commence with the 2015–16 school year. The bill would authorize the governing board of a school district and the exclusive representative of the certificated employees of the school district to meet and confer regarding the establishment of an annual alternative teacher evaluation system. If both sides cannot agree on a system, the district would be required to adhere to a state-mandated program requiring 50 percent of an evaluation be based on the academic growth experienced by pupils taught by the certificated employee being evaluated and 50 percent based on classroom observations conducted by peers and the principal of the school.

The governing board would then be required to provide that employee with professional training and development. If the subsequent annual evaluation finds the employee no longer needs improvement they would be restored to permanent status, but if improvement is still needed the employee would remain on probation for a second year. If the employee continues to need improvement at the end of the second year on probation, the bill would require the school district to dismiss the certificated employee, as provided.

Assembly Education Committee, no vote
To see how they voted, click here, then use the “votes” tab

Talking points:

  • Restores local control of schools by offering districts and teachers the opportunity to develop their own development and evaluation system that meets the needs of that particular district and its children.
  • Clearly places the educational interests of children before a bloated tenured system that protects teachers at all costs.
  • For those districts that can’t reach an agreement on the evaluation system, the law’s default system offers a balanced review process.
  • With its focus on professional growth, the law provides a reasonable amount of time and valuable resources for teachers to improve, instead of letting them—and students—languish under the ineffective approach now in place.
  • Unchains school districts hampered by a union-protected termination process that has become so cumbersome that some districts have given up trying to terminate bad teachers altogether.

AB 579 (Melendez, R-Murrieta) Sex offenses against children.
Existing law generally requires that prosecution for a felony be commenced within 3 years, and if that felony is punishable by imprisonment for 8 years or more, generally be commenced within 6 years. Existing law provides that a prosecution for a felony offense for certain sex offenses against a minor may be commenced any time prior to the victim's 28th birthday or within 10 years after commission of the offense, as specified.

Amended on March 14, 2013, the new proposal would provide that, except as specified, a prosecution may be commenced at any time for any violation of specified criminal offenses, including harboring a principal to a felony, intimidating a witness and conspiring to obstruct justice, if those offenses relate to a violation of various sex offenses, including rape and sodomy, in which the victim was a minor and the violation involved substantial sexual conduct.

Failed Assembly Public Safety Committee, 2-3
To see how they voted, click here, then use the “votes” tab

AB 599 (Donnelly, R-Hesperia) Minors: Vaccinations: Parental consent.
Existing law allows a minor who is 12 years of age or older and who may have come into contact with an infectious, contagious, or communicable disease to consent to medical care related to the diagnosis or treatment of the disease, if the disease or condition is one that is required by law or regulation to be reported to the local health officer, or is a related sexually transmitted disease, as may be determined by the State Public Health Officer.

This bill would specify that these provisions do not authorize a minor to receive a vaccine without the consent of the parent or guardian of the minor.
Failed Assembly Health Committee, 5-13

To see how they voted, click here, then use the “votes” tab

AB 605 (Linder, R-Corona) Sex offenders: Parole violations.
Existing law requires persons who have been convicted of specified crimes to register as a sex offender. Existing law provides for parole and post-release community supervision of felons, as provided, including provisions for the revocation of parole or post-release community supervision by a court or a revocation hearing officer.
This bill would provide that any criminal defendant who is released on parole or to post-release community supervision, who has suffered a prior or current felony requiring registration as a sex offender, and who violates that parole or post-release community-based supervision shall serve any period of incarceration ordered for that violation in the state prison.

Failed Assembly Public Safety Committee, 2-4
To see how they voted, click here, then use the “votes” tab

AB 673 (Grove, R-Bakersfield) Personal income taxes: Credits: Personal exemption.
The Personal Income Tax Law authorizes a credit of $321, subject to a specified adjustment for inflation, for each dependent of the taxpayer.
This bill would allow a qualified taxpayer, as specified, to claim a credit of $321, subject to a specified adjustment for inflation, for an expected child, as defined.

This bill would take effect immediately as a tax levy.

Assembly Revenue and Taxation Committee, no vote
To see how they voted, click here, then use the “votes” tab

AB 1027 (Bonilla, D-Concord) Youth sports: Criminal background checks. (Similar in language to AB 465, which did advance)
Existing law authorizes specified entities to receive state summary criminal history information from the Department of Justice. Existing law also requires mandated reporters, as defined, to report child abuse and neglect to local law enforcement.

This bill would require the department to provide state summary criminal history information to the director of a community youth athletics program, or his or her designee, for the purposes of screening volunteers or employees who are left alone with minors and would prohibit a person from having access to minors as an employee or volunteer if the person has been convicted of, or pled guilty or nolo contendere to, a crime of child abuse, sexual abuse, or domestic violence. The bill would provide that completing the background check does not limit the liability of a mandated reporter.

Assembly Public Safety Committee, no vote
To see how they voted, click here, then use the “votes” tab

AB 1221 (Wilk, R-Valencia) School employees: Discipline: Suspension and dismissal. (Note: the same bill was introduced in the Senate as SB 531 (Knight, R-Lancaster).
Existing law prohibits a permanent school employee from being dismissed except for one or more specified offenses.
This bill would prohibit a collective bargaining agreement entered into or renewed on or after January 1, 2014, from requiring the removal, after a specified time period, from an employee’s record of records pertaining to discipline, complaints, reprimands, or investigations relating to the employee’s commission, or potential commission, of one of those specified offenses.

In addition, the law would ease numerous requirements that make it difficult for administrators to discipline teachers in a timely manner and modifies the role of the Commission on Professional Competence, which currently has final say in disciplinary matters.

Assembly Education Committee, no vote
To see how they voted, click here, then use the “votes” tab

ACA 5 (Grove, R-Bakersfield) Abortion: Parental notification
Proposes a constitutional amendment to create the Parental Notification, Child and Teen Safety, Stop Predators Act, which would prohibit a physician and surgeon from performing an abortion on an unemancipated minor unless the physician and surgeon or his or her agent has delivered written notice to the parent of the unemancipated minor, or until a waiver of that notice has been received from the parent or issued by a court pursuant to a prescribed process.

In addition to parents, the measure would require the physician and surgeon performing an abortion on an unemancipated minor to report specified information to State Department of Public Health and would require the department to compile an annual statistical report with that information. The measure would impose civil and criminal liability for violation of this measure, as specified.

Assembly Health and Judiciary committees, no votes
To see how they voted, click here, then use the “votes” tab

SB 10 (Padilla, D-Van Nuys) School employees: Dismissal, suspension, leaves.
Under existing law, a permanent school employee is prohibited from being dismissed, except for one or more of certain enumerated causes, including for immoral or unprofessional conduct and unsatisfactory performance.

This bill would include serious or egregious unprofessional conduct, as specified, as a ground for dismissal of a permanent school employee.

In addition, existing law prohibits the governing board of a school district from giving notice of dismissal or suspension of a permanent employee between May 15 and September 15 of any year.

This bill would eliminate the May 15 to September 15 protection window for employees accused of serious or egregious unprofessional conduct, allowing districts to dismiss such employees at any given time during the calendar year.
Finally, the bill would remove marijuana, mescaline, peyote and tetrahydrocannabinols (i.e., THC, the psychoactive component of cannabis) as exceptions to the controlled substance offenses for which a certificated employee may be charged with a mandatory leave of absence offense or an optional leave of absence offense.
The bill is similar in scope to last year’s SB 1530, which died in the Assembly Education Committee after intense pressure from the California Teachers Association, the California Federation of Teachers, and United Teachers Los Angeles.

Senate Education Committee, withdrawn by author
To see how they voted, click here, then use the “votes” tab

SB 312 (Knight, R-Lancaster) Absences: Confidential medical services: Parent or guardian consent.
Existing law requires the governing board of each school district, each academic year, to notify pupils in grades 7 to 12, inclusive, and the parents or guardians of all pupils enrolled in the district, that the school authorities may excuse a pupil from the school for confidential medical services without the consent of the pupil’s parent or guardian.

This bill would instead require the governing board to notify pupils in grades 9 to 12, inclusive, and the parents or guardians of all pupils enrolled in the district, that school authorities may excuse, for these purposes, a pupil 16 years or age or older from school without parental or guardian consent.

Failed Senate Education Committee, 3-5
To see how they voted, click here, then use the “votes” tab

SB 451 (Huff, R-Walnut) Open Enrollment Act: Expansion to all school districts of residence.
Existing law, the Open Enrollment Act, authorizes the parent of a pupil enrolled in a low-achieving school, as defined, to submit an application for the pupil to attend a school in a school district of enrollment, as defined, as specified.

This bill would expand the act to authorize the parent of a pupil enrolled in a school district of residence, as defined, to submit an application for the pupil to attend a school in a school district other than their school district of residence.

The Open Enrollment Act requires a school district of enrollment to ensure that pupils enrolled pursuant to the act are enrolled in a school with a higher Academic Performance Index (API) than the school in which the pupil was previously enrolled and are selected through a random, unbiased process, except that pupils applying for transfer are required to be assigned specified priorities for approval.

Failed Senate Education Committee, 2-4
To see how they voted, click here, then use the “votes” tab

SB 452 (Huff, R-Walnut) School intervention: Parent empowerment.
Existing law requires a local educational agency to implement one of several specified interventions for a school not identified as a persistently lowest-achieving school that, after one full school year, fails to meet specified criteria and has a specified percentage of parents and legal guardians of pupils sign a petition requesting the local educational agency to implement at least one of 5 specified interventions. Existing law requires a local educational agency to implement the intervention option requested by the petition unless the agency makes a specified finding in a regularly scheduled public hearing.

This bill would delete the provision excluding schools identified as persistently lowest-achieving schools, and would also make the provisions applicable to schools ranked in deciles 1 to 3, inclusive, of the Academic Performance Index.

Failed Senate Education Committee, 2-0
To see how they voted, click here, then use the “votes” tab

SB 453 (Huff, R-Walnut) School employees: Teachers: Evaluation: Termination.
Existing law expresses the intent of the Legislature that governing boards of school districts establish a uniform system of evaluation and assessment of the performance of all certificated personnel of a school district, including schools conducted or maintained by county superintendents of education. Existing law prohibits the evaluation and assessment of certificated employee performance from including the use of publishers’ norms established by standardized tests.

This bill would instead require the governing board of a school district to establish an evaluation and assessment system for certificated employees that uses a multiple-measures evaluation system with multiple research-validated approaches to measuring effectiveness, as specified. The governing board would be required to establish the system by the 2015-16 school year, and to fully implement the system by the 2016-17 school year, and would require the Superintendent of Public Instruction to institute fiscal penalties for noncompliance.

Failed Senate Education Committee, 2-6
To see how they voted, click here, then use the “votes” tab

SB 531 (Knight, R-Lancaster) School employees: Discipline: Suspension and dismissal. (Note: the same bill was introduced in the Assembly as AB 1221 (Wilk, R-Valencia)
Existing law prohibits a permanent school employee from being dismissed except for one or more specified causes.

This bill would prohibit a collective bargaining agreement entered into or renewed on or after January 1, 2014, from requiring the removal, after a specified time period, from an employee’s record of records pertaining to discipline, complaints, reprimands, or investigations relating to the employee’s commission, or potential commission, of one of those specified causes for dismissal. In addition, the law would ease numerous requirements that make it difficult for administrators to discipline teachers in a timely manner and modifies the role of the Commission on Professional Competence, which currently has final say in disciplinary matters.

Failed Senate Education Committee, 2-3
To see how they voted, click here, then use the “votes” tab

BAD BILLS

AB 496 (Gordon, D-Los Altos) Medicine: Sexual orientation, Gender identity, and gender expression.
Existing law creates the Task Force on Culturally and Linguistically Competent Physicians and Dentists and requires the Director of Consumer Affairs, in consultation with the Director of Health Care Services, to appoint as task force members, among other people, California licensed physicians and dentists that provide health services to members of language and ethnic minority groups and representatives of organizations that advocate on behalf of, or provide health services to, members of language and ethnic minority groups. Existing law required the task force to report its findings to the Legislature and appropriate licensing boards by January 1, 2003.

This bill would require the licensed task force members and advocate task force members to instead provide health services to, or advocate on behalf of, members of language and ethnic minority groups and lesbian, gay, bisexual, and transgender groups. The bill would require the task force to report its findings to the Legislature and appropriate licensing boards by January 1, 2016.

Existing law, the Cultural and Linguistic Competency of Physicians Act of 2003, establishes the cultural and linguistic physician competency program, which is operated by local medical societies of the California Medical Association and is monitored by the Medical Board of California.

Passed Assembly Business, Professions and Consumer Protection Committee, 10-1
Passed Assembly Appropriations Committee, 12-5
Passed Assembly, 54-20
Passed Senate Business, Professions & Economic Development Committee, 8-2
Senate Appropriations Committee, Aug. 12

To see how they voted, click here, then use the “votes” tab

Talking points:

  • Uses taxpayer funds to force “Cultural and Linguistic Competency” over LGBT issues on physicians and dentists.
  • Contains no opt-out clause for those who oppose the homosexual lifestyle on moral or religious grounds.
  • Adds state-mandated indoctrination upon medical entities, when the industry should be able to determine what type of cultural instruction is best suited for their own business.
  • Establishes and promotes another protected class for homosexuals.

AB 663 (Gomez, D-Los Angeles) Residential care facilities: Administrators: Training requirements.
Existing law requires the Director of Social Services, in consultation with the Director of Health Care Services and the Director of Developmental Services, to establish a training program to ensure that licensees, operators, and staffs of adult residential care facilities have appropriate training to provide the care and services for which a license or certificate is issued. Existing law also requires the administrator of an adult residential care facility to undergo 35 hours of training, including specified subjects, including business operations and the psychosocial needs of the facility residents.

This bill would require the administrator training to be a total of 40 hours and would require that the training include 5 hours of training in cultural competency and sensitivity in aging lesbian, gay, bisexual, and transgender minority issues.

Passed Assembly Human Services Committee, 5-2
Passed Assembly Aging and Long-Term Care Committee, 5-2
Passed Assembly Appropriations Committee, 12-5
Passed Assembly, 52-21
Senate Human Services Committee, 4-2
Senate Appropriations Committee

To see how they voted, click here, then use the “votes” tab

Talking points:

  • Forces residential care facilities to increase their administrative training hours by 14 percent just to cover “cultural competency and sensitivity” issues for LGBT community.
  • Contains no opt-out clause for those who oppose the homosexual lifestyle on moral or religious grounds.
  • Adds another state-mandated indoctrination course on a private entity, when such facilities should be able to determine what type of cultural instruction is best suited for their own business.
  • Establishes and promotes another protected class for homosexuals.

AB 868 (Ammiano, D-San Francisco) Courts: Training programs: Gender identity and sexual orientation.
Existing law requires the Judicial Council to perform various duties designed to assist the judiciary, including establishing judicial training programs for judges, referees, commissioners, mediators, and others who perform duties in family law matters. Existing law requires this training to include instruction in all aspects of family law, including the effects of gender on family law proceedings.

This bill would require that training to also include the effects of gender identity and sexual orientation on family law proceedings.
Existing law establishes the jurisdiction of the juvenile court, which is authorized to adjudge certain children to be dependents of the court under certain circumstances, and prescribes various hearings and other procedures for these purposes. Existing law requires a court to appoint counsel for a child who is not represented by counsel in these dependency proceedings, except as specified. Under existing law, appointed counsel is required to have a caseload and training that ensures adequate representation, and Judicial Council is required to promulgate rules of court that establish caseload standards, training requirements, and guidelines for counsel.

Assembly Judiciary Committee, 8-2
Assembly Appropriations Committee, 12-5
Assembly, 49-20
Senate Judiciary Committee, 5-2
To Senate Third Reading

To see how they voted, click here, then use the “votes” tab

Talking points:

  • Uses taxpayer funds to mandate “cultural competency and sensitivity” training on the LGBT community, including the promotion of gender identity.
  • Adds another state-mandated indoctrination course for public employees.
  • Forces volunteers to undergo the state-mandated training.
  • Contains no opt-out clause for those who oppose the homosexual lifestyle on moral or religious grounds.
  • Establishes and promotes another protected class for homosexuals.

SB 192 (Liu, D-Glendale) Child care: Early learning and school educational support resources.
The Child Care and Development Services Act, administered by the Superintendent of Public Instruction, requires the Superintendent to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs.

This bill would reorganize and recast those provisions as the Early Learning and Educational Support Act, and would establish as its purpose providing a comprehensive early learning and educational support system that promotes access to safe, high-quality early learning and educational support programs, as specified.

The bill would require the Superintendent to administer the early learning and educational support program through direct classroom or alternative payment services, and would require the Superintendent to develop requirements for the implementation of high-quality early learning and educational support programs based on certain indicia of quality, including, but not limited to, effective educators that foster school readiness and possess the appropriate and required educational qualifications and experience, including any required credentials or permits, as required by the Commission on Teacher Credentialing, and who meet applicable licensing standards.

Passed Senate, 32-5
Assembly Education Committee, Aug. 14.

To see how they voted, click here, then use the “votes” tab

Talking points:

  • The law proposes full-day childcare services in California through half-day preschool, and a variety of “wraparound services” to complete an entire day of care.
  • The law mandates providing for the “emotional,” as well as the physical needs of infants in a “manner that conveys concern and engenders trust.”
  • Instead of promoting abstinence, the law would include teaching of family planning and would coach “parents in reasonable expectations regarding infant behavior in order to minimize parental frustration and consequent child abuse.”
  • Increases taxpayer obligations by offering subsidized programs for families who are: receiving state aid, income eligible, homeless or have children in protective services or have either been, or are at risk of being abused, neglected or exploited.

 

BAD BILLS THAT FAILED

AB 314 (Pan, D-Sacramento) Health care coverage: Self-funded student plans and policies.
Existing federal law, the federal Patient Protection and Affordable Care Act (PPACA), enacts various health care coverage market reforms that take effect January 1, 2014. Among other things, PPACA prohibits a health insurance provider from establishing lifetime limits or unreasonable annual limits on the dollar value of benefits for any participant or beneficiary, as specified.

This bill would additionally impose those requirements, to the extent required by federal law, on a plan directly operated by a bona fide public or private institution of higher learning that directly provides health care services only to its students, faculty, staff, administration, and their respective dependents or a health insurance policy directly offered by such an institution only to those persons.

Passed Assembly Appropriations Committee, 12-5
Passed Assembly, 52-21
Passed Senate Health Committee, 6-2
Failed Senate Education Committee, 4-3

To see how they voted, click here, then use the “votes” tab

SB 51 (Wright, D-Inglewood) Internet gambling.
This bill would establish a framework to authorize intrastate Internet gambling, as specified. The bill would authorize eligible entities to apply to the California Gambling Control Commission for a five-year license to operate an intrastate Internet gambling Web site offering the play of authorized gambling games to registered players within California. The bill would prohibit the offer or play of any gambling game provided over the Internet that is not authorized by the state pursuant to this bill. The bill would provide that any violation of its provisions is punishable as a misdemeanor.

The bill would require a license applicant to pay an application deposit to the commission, for deposit into the Internet Gambling Licensing Fund, as created by the bill, to be continuously appropriated to the department and the commission for the reasonably anticipated costs of investigating the applicant and evaluating the suitability of the applicant.

The bill would require each licensee to pay a one-time license fee in the amount of $30 million for deposit in the General Fund. The license fee would be credited against monthly fees imposed on the licensee’ s gross gaming revenue proceeds, as specified.

Senate Governmental Organization Committee, no vote
To see how they voted, click here, then use the “votes” tab

SB 190 (Wright, D-Inglewood) Gambling: Sports wagering
Authorizes owners and operators of gambling establishments, or owners and operators of a horse racing track, including a horse racing association, or a satellite wagering facility, with a current license, to conduct wagering on professional and collegiate sports or athletic events, other than on collegiate sports or athletic events that take place in California or in which any California college team participates, by applying to the California Gambling Control Commission or California Horse Racing Board.

Senate Governmental Organization Committee, 11-0
Senate Appropriations Committee, held in committee
To see how they voted, click here, then use the “votes” tab

SB 678 (Correa, D-Santa Ana) Internet gambling.
The Gambling Control Act provides for the licensure of certain individuals and establishments that conduct controlled games, as defined, and for the regulation of these gambling activities by the California Gambling Control Commission. The Department of Justice has related investigatory and enforcement duties under the act. Any violation of these provisions is punishable as a misdemeanor, as specified.

This bill would authorize the operation of Internet poker Web sites within the borders of this state.

Senate Governmental Organization, no vote
To see how they voted, click here, then use the “votes” tab