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Where We Stand

A brief summary of the bills that the ACLU-NC monitored in 2007, including our position on each.  For a list of the most important bills that the ACLU-NC is monitoring, please visit our "Bills to Watch" Section.

CIVIL RIGHTS

CA AB 14: Civil Rights Act of 2007
Amends existing nondiscrimination provisions in California law to be consistent with the nondiscrimination provisions in the Unruh Civil Rights Act (Unruh Act) and Government Code Section 11135, which prohibits discrimination in state funded programs and activities.
ACLU-NC Position: Support

CA AB 43: The Religious Freedom and Civil Marriage Protection Act
Provides that marriage is a personal relation arising out of a civil contract between 2 persons.  This legislation would make opposite-sex and same-sex marriages statutorily equal.
ACLU-NC Position: Support

CA AB 394: Safe Schools: Discrimination and Harassment

Provides guidelines to school districts and the Department of Education regarding what steps should be taken to ensure compliance with the state’s policies against discrimination and harassment in schools.
ACLU-NC Position: Support

CA AB 976: Tenancy: Tenant's Characteristics
Prohibit local governments from compelling landlords to inquire and/or report information about the immigration or citizenship status of a tenant.  Likewise prohibits landlords from voluntarily conducting such an inquiry or from requiring that tenants or occupants make any statements about immigration or citizenship status.
ACLU-NC Position: Support

CA AB 1498: State-funded Programs
Would permit organizations, including religious and faith-based organizations, that receive state funds to discriminate in hiring and in provision of services, as long as they do so in activities which are not related to the state-funded program or activity.
ACLU-NC Position: Oppose

CA AB 1726: Evidence: Court Interpreters
Provides an interpreter in any civil action in which a party does not proficiently speak or understand English. Interpreter fees be paid by the court, not the litigant.
ACLU-NC Position: Support

CA SB 836: Fair Employment: Familial Status
Adds “familial status” to the list of prohibited bases for employment discrimination under the California Fair Employment and Housing Act. Bill would provide greater protection to workers from being discriminated against based on their family responsibilities
ACLU-NC Position: Support



CRIMINAL JUSTICE

CA AB 148 & CA AB 1197: Sex Offenders
Permits discrimination in the rental of property to persons who have previously been convicted of sex crimes and are on the Megan’s Law website.
ACLU-NC Position: Oppose

CA AB 337: Controlled Substances: Cocaine Penalties
Eliminates the disparity in sentencing guidelines for possession of powder cocaine and possession of cocaine base (crack cocaine), for sale.
ACLU-NC Position: Support

CA AB 639: Parole: Juveniles and Adults

Ensures individuals being released from prison have a valid California Identification card issued by the DMV.  This legislation is important in assisting inmates leaving prison with reintegration into the community.
ACLU-NC Position: Support

CA AB 841: Crime: Personal Data of Former Sex Offenders
Requires all registered sex offenders to include e-mail address and instant messenger names, in the information they are required to report to the Department of Justice.  The DOJ will also make this information available to broadly defined third-party social networking sites, such as Myspace.com, so that they may “screen” users.
ACLU-NC Position: Oppose

CA AB 1025: Professions and Vocations: Licensure
Provides all individuals with a copy of their rap sheet when they are denied licensing or certification for employment by the state in DCA-regulated jobs, and protects the confidentiality of the individual’s criminal record.
ACLU-NC Position: Support

CA AB 1033: Contributing to the Delinquency of a Minor
Criminalizes a parent or guardian who, among other behavior, “omits the performance of any duty” that prevents a minor from becoming a gang member.
ACLU-NC Position: Oppose

CA AB 1539: Sentencing
Compassionate Release for dying inmates.  Makes the procedure more accessible and protects prisoners’ due process rights by requiring the Department of Corrections to keep the prisoner and his or her family apprised at each stage of consideration.
ACLU-NC Position: Support

CA SB 40: Sentencing
Responds to the Supreme Court decision in Cunningham that declared unconstitutional the existing determinate sentencing structure by leaving to the discretion of the court the appropriate term within the current triad system is in the best interest of justice.
ACLU-NC Position: Neutral 

SB 110: Sentencing Commission
Creates the California Sentencing Commission, and sets out guidelines and duties for the Commission, including guidelines to create a new sentencing system.
ACLU-NC Position: Support

CA SB 228: Prisons
Will close the California State Prison at San Quentin by the end of 2012 and require all death row inmates to be housed, and executions carried out at a different state prison.
ACLU-NC Position: Oppose

CA SB 304: Prisons: Media Access
Reintroduced for 8th time, the bill requires the Department of Corrections and Rehabilitation, upon reasonable notice, to permit representatives of the news media to interview prisoners in person using tools of the trade.
ACLU-NC Position: Support

CA SB 851: Mentally Ill Offenders
Authorizes superior courts to develop and implement mental health courts for offenders suffering from serious mental illness.  Also requires each court to establish a method for assessing every defendant for serious mental illness at the time a complaint is filed, and require all parolees with serious mental illness to receive comprehensive mental health and supportive services.
ACLU-NC Position: Support

CA SB 999: Crime
Eliminates the sentencing of juveniles to life sentences without any possibility for release on parole.
ACLU-NC Position: Support



EDUCATION

CA AB 178: High schools: Curriculum and Enrollment: College Readiness and Equity Pilot Program
Provides grants to selected schools that make a commitment to enroll incoming students in college preparatory coursework which satisfies requirements for admission into California universities, and also incorporates career technical education courses.
ACLU-NC Position: Support

CA AB 1319: Schools: Athletes: Steroid Testing
Requires student athletes to agree to random drug testing for anabolic steroids. 
ACLU-NC Position: Oppose

CA SB 160: The California Dream Act
Would ensure that all California high school graduates accepted into state public institutions of postsecondary education are eligible for state-sponsored financial aid.
ACLU-NC Position: Support

FIRST AMENDMENT

CA AB 38: State Agencies: Department of Emergency Services and Homeland Security
Subsumes the Department of Homeland Security within a newly created Department of Emergency Services and Homeland Security.  We opposed the broad definition of terrorist activities in the original bill.  The language has since been stricken, but we are still working with the author to further amend the bill.
ACLU-NC Position: Oppose, unless amended

CA AB 137: Public Agencies
Imposes the duty on public officials to question and fire any state or local government employee who is a financial supporter or member of an "extremist terrorist group." Also  requires any group seeking to use public property as a meeting place to swear, under penalty of perjury, that the group does not advocate the overthrow of the United States.
ACLU-NC Position: Oppose

CA AB 165: State Government: Office of Community Initiatives
Originally created the Office of Faith Based and Community Initiatives in the Office of the Governor, now reads only as the Office of Community Initiatives.
ACLU-NC Position: Neutral, formerly opposed

CA AB 279: Unlawful Demonstrations: Military Funerals
Makes it a crime to engage in all activities that “disrupt or tend to disrupt” a military funeral, beginning one hour prior to and ending one hour after the conclusion, and within 300 feet of the funeral.
ACLU-NC Position: Oppose

CA AB 698: Perishable Agricultural Product Defamation
Creates a specific cause of action for making disparaging comments aboutnperishable agricultural products.  We oppose these so-called "veggie-libel" laws because they raise serious First Amendment concerns and threaten to chill speech on important issues of public concern.
ACLU-NC Position: Oppose

CA AB 1067: Harmful Matter
Establishes a statewide law prohibiting any person or business, other than a place from which minors are excluded, from displaying “harmful matter” unless blinder racks are utilized.
ACLU-NC Position: Oppose


           
IMMIGRATION

CA AB 39: Undocumented Criminal Aliens: Costs of Incarceration
Similar bills that require the Department of Corrections and Rehabilitation to demand that the United States Attorney General take federal custody of any undocumented criminal alien incarcerated in California's correctional system, and to reimburse the state for costs.
ACLU-NC Position: Oppose

CA AB 271: Illegal Immigration: Public Benefits
Prohibits any person who resides illegally in California from receiving the same benefits and privileges as a person who resides legally in the state and would require proof of citizenship to receive any form of state-funded benefits.
ACLU-NC Position: Oppose

CA AB 458: Costs of Incarceration: Undocumented Criminal Aliens
Demands that the United States Attorney General take custody of any “undocumented” inmate into federal custody, and bill the federal government for costs of incarcerating “undocumented” inmates if the federal government does not comply.
ACLU-NC Position: Oppose

CA AB 539: State Mental Health System
Requires the state Department of Mental Health to screen all patients referred to state mental health hospitals for their citizenship status and transfer all foreign national patients to the federal government. 
ACLU-NC Position: Oppose

CA AB 648: Sentencing: Enhancements: Repeat Illegal Aliens
Creates a new ten-year sentencing enhancement for any felony conviction of a person who was previously convicted of a felony in California for which he or she was deported from the United States.
ACLU-NC Position: Oppose

CA AB 689: Income and Corporation Taxes: Employment Verification Act of 2007
Requires employers to verify employees’ social security numbers via the federal Social Security Number Verification Service and submit verification to the Franchise Tax Board.  Also imposes civil sanctions on employers if they fail to provide information or provide false information.
ACLU-NC Position: Oppose

CA AB 735: Sentencing: Enhancements: Repeat Illegal Aliens
Requires that all non-citizens working or seeking to work in California to apply for a “California Work Permit,” for a fee of $1,000.  Applicants would also submit fingerprints, and undergo criminal background checks.
ACLU-NC Position: Oppose

CA AB 1081: Department of Corrections and Rehabilitation: Mutual Aid Agreements: Illegal Immigration
Requires the state Department of Corrections to enter into an MOU with the federal immigration agency so that state personnel can take on federal responsibilities for the enforcement of immigration laws.
ACLU-NC Position: Oppose

CA AB 1082: Law Enforcement
Requires the state to reimburse local law enforcement agencies for costs associated with training their officers to take on the federal function of enforcing federal immigration laws.
ACLU-NC Position: Oppose

CA AB 1615: State Contracts: Unauthorized Aliens
Prohibits a state agency from awarding a state contract to a bidder or contractor that knowingly hires, for employment in the United States, an "unauthorized alien".
ACLU-NC Position: Oppose

CA SB 268: Public Postsecondary Education: Nonresident Tuition Criteria: Immigrants
Prohibits a person without lawful immigration status for qualifying for eligibility for paying nonresident tuition at the California Community Colleges and the California State University.
ACLU-NC Position: Oppose



PRIVACY

CA AB 1433: Department of Motor Vehicles: Identification
Implements Real ID in California.  Due to the extraordinary costs, heightened risk of identity theft, and unfair restrictions that will penalize U.S. citizens as well as immigrants, without improving security -- a groundswell of opposition against the federal law has arisen among the states.
ACLU-NC Position: Oppose

CA AB 66: Inmate HIV Testing
Mandatory HIV testing of inmates upon entrance and exit of a state prison or state hospital  for serving a sentence of at least one year. Requires Chief Medical Officer to notify domestic partner or spouse of inmate if the test results are positive.
ACLU-NC Position: Oppose

CA AB 682: HIV/AIDS Testing
Eliminates the existing law’s requirements of informed consent for HIV testing and the requirement of written consent when testing is done by someone other than a treating physician or surgeon. The instead would substitute an “opt out” system for HIV testing.
ACLU-NC Position: Oppose

CA SB 60: Vehicles: Driver's Licenses
Requires the DMV to issue licenses and cards that are in compliance with specified requirements of the federal Real ID Act of 2005. Also permits the DMV issue licenses to undocumented persons. The ACLU opposes the Real ID portions of the bill.
ACLU-NC Position: Oppose, unless amended

CA SB 269: Public Assistance: Home Visits
Creates a statewide program of home investigations and searches of welfare applicants by District Attorney Investigators.
ACLU-NC Position: Oppose

CA SB 362: Identification Devices: Subcutaneous Implanting
Prohibits requiring, coercing, or compelling another person to have a radio frequency identification (RFID) device implanted subcutaneously.
ACLU-NC Position: Support

CA SB 388: Privacy: Radio Frequency Identification Tags
Requires private entities that sells, furnishes or issues items that contain a radio frequency identification (RFID) tag that contain personal information to provide notice and information about protecting unauthorized access to the information in the item.
ACLU-NC Position: Support

CA SB 850: Vital Statistics: Certificate of Still Birth
Authorizes the State Registrar of Vital Statistics to provide a “certificate of still birth” upon request in addition to the certificate of fetal death that is issued under current law. We are seeking amendments to ensure that legislation does not undermine a woman’s right to reproductive privacy.
ACLU-NC Position: Oppose, unless amended



REPRODUCTIVE RIGHTS

CA AB 708: Reproductive Health: Abstinence Education
Requires the state to develop and implement an abstinence education program that would qualify for federal financial participation (abstinence-only funds).  Also permits Dept. of Public Health to receive “in-kind donations” to support abstinence programs.
ACLU-NC Position: Oppose

CA AB 1009: The Unborn Child Pain Awareness Act
Dictates a script that every doctor must read to every patient regarding a “determination” made by the legislature that the “unborn child has the physical structures necessary to experience pain.”
ACLU-NC Position: Oppose

HEALTH

CA SB 840: Single-payer Health Care Coverage
Makes all California residents eligible for specified health care benefits pursuant to a single-payer comprehensive health plan system.
ACLU-NC Position: Support, on behalf of the ACLU-SC



MISCELLANEOUS

CA AB 22: CalWORKs: Maximum Aid Determination
This bill phases out the maximum family grant rule for families receiving TANF benefits.  The rule currently denies additional cash assistance to women and their families if they have another child more than 10 months after they begin receiving benefits.
ACLU-NC Position: Support

CA AB 508: Food Stamps: Eligibility: Drug Felonies
Allows a person convicted of any drug felony to be eligible to receive food stamps, and removes previous food stamp eligibility requirements for drug felons.
ACLU-NC Position: Support

CA AB 583: California Clean Money and Clean Elections Act of 2007
Creates a system for the public financing of qualified candidates in state elections.
ACLU-NC Position: Support

CA AB 1661: Driver's Licenses and Identification Cards: Selective Service System Registration
Allows young people under 18 to agree to register for the Selective Service when they apply for a driver’s license or id card (effective when they turn 18), and (2) allow the DMV to share individual’s Social Security numbers for “registration with the federal Selective Service System.”
ACLU-NC Position: Oppose



Legislative Roundup
In the 2007 Legislative Session, Gov. Arnold Schwarzenegger signed five ACLU-NC supported bills and vetoed three.

View the Legislative Roundup...