2001 Legislation Information

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October 18, 2001

One Pro-Life Bill Passed/Vetoed by Governor Davis

$1,000,000 for Implementation of the Baby Abandonment Law
SB 101                        Senator Jim Brulte (R-Rancho Cucamonga)

SB 101 would have appropriated $1 million for the Department of Social Services to conduct a social marketing campaign with the objective of reaching young women who may be inclined to abandon newborns to assure that they are aware of their legal option to anonymously and with immunity from prosecution, voluntarily surrender custody of a baby within the first 72 hours of birth.  Under the provisions of SB 1368, which Senator Brulte authored and which became law January 1, 2001, the infant must be given to an employee at a hospital emergency room or other locations designated by a county board of supervisors.  The $1 million may be matched by $670,000 in federal Title IV-E funds.

SB 101 passed all four committees and the Senate and the Assembly with overwhelming support, but the Governor Davis vetoed it on October 2.     

Anti-Life Legislation Which Passed

 A Resolution to Support Roe v. Wade

SJR 3                Senator Betty Karnette (D-Long Beach)

     SJR 3 appeals to the President of the United States and the Congress to preserve “the integrity of the” 1973 U.S. Supreme Court Roe v. Wade decision, which struck the abortion laws of 50 states. Over the last 28 years the Court has upheld very few laws regulating abortion under the reasoning of Roe v. Wade.  Even state bans on partial-birth abortions were declared unconstitutional in last year’s Stenberg v. Carhart decision.  Roe v. Wade equals partial-birth abortion, and this radical resolution, though fortunately it has no force of law passed through 3 policy committees and both the Assembly and the Senate on largely party-line votes.  The following Republicans voted for it:  Senator Bruce McPherson, Assemblywoman Lynn Daucher, and Assemblyman Keith Richman.  Richman was also an original co-author.  Republican Charlene Zettel voted for it in Health Committee, but abstained on the Assembly floor, and Republican Tom Harman abstained in both Health Committee and on the floor.  Democratic Senator John Vasconcellos abstained in Committee and on the floor, and Assemblymen Dean Florez and Carl Washington on the Assembly floor vote.

A resolution does not require the signature of the Governor, so it was filed with the CA Secretary of State, who is required by SJR 3 to transmit copies to the President and Vice President, the Speaker of the House, the entire CA congressional delegation, the Attorney General of the U.S., the Chief Justice of the U.S. Supreme Court and the U.S. Secretary of Health & Human Services.      

Anti-Abortion Crimes—Pro-Life Profiling

SB 780                        Senator Deborah Ortiz (D-Sacramento)

            SB 780 replicates provisions of the Federal Access to Clinic Entrances act (FACE) in state statute, and launches a "Reproductive Rights Law Enforcement Act," which is unnecessary, and a waste of law enforcement time and taxpayer money.  It requires that police and the attorney general ”profile" people "suspected of committing" certain crimes or suspected of making certain "threats."  Although the acts mentioned are already against the law, a violation is dependent upon your beliefs.  You can only violate THIS statute if you are pro-life.  The same crime committed by one who is pro-abortion would not be covered by this act.
            SB 780 specifically protects, so-called “assistants” of the abortion facilities, who regularly intimidate and interfere with the lawful First Amendment activities undertaken by pro-life people there. And SB 780 provides for restraining orders against videotaping at abortion facilities, which would place peaceful pro-life demonstrators in much greater jeopardy. (A pro-life attorney was stabbed recently by an irate abortion supporter in front of an Arkansas abortion facility.  Fortunately this felony is on videotape.) 
            And to add insult to injury, the ACLU, CARAL, Planned Parenthood and other such abortion providers and advocates would be considered "subject matter experts," who would be eligible to write the telecourse for training law enforcement officers to implement this travesty.
            A report written by the Senate Office of Research to support SB 780, “Crimes Against Reproductive Rights in California,” slanderously tries to draw thin threads from gentle, life-loving organizations to the violence of some militia members and organizations.  Its’ flawed statistics and survey of the abortion industry’s perception of problems at California abortion facilities only undermine the faulty premise on which it is based. 
            Assemblyman Dennis Hollingsworth attempted to amend SB 780 so that its provisions would apply equally to anyone who violates its provisions, regardless of whether they are pro-life or pro-choice.  That was rejected on a tabling motion by the Assembly, 45-26.  It passed the Assembly and the Senate, again on largely partisan votes, Democrats supporting, Republicans opposing, except that Republicans Senator Bruce McPherson and Assemblyman Keith Richman voted for it.  (It may have failed early in the process if McPherson had not provided a vote necessary to get it out of Senate Public Safety Committee, because Democratic Senator John Vasconcellos had decided to abstain.  Vasconcellos later supported it in Senate floor votes, however.)  Pro-abortion rights Republican Assemblywoman, Lynn Daucher spoke eloquently against SB 780 based on First Amendment infringements on the Assembly floor and opposed it in Committee, while pro-abortion Assemblyman and physician, Keith Richman, spoke in its favor during the Assembly floor debate.  Assembly Republicans  Charlene Zettel and Tom Harman, who call themselves pro-choice, abstained in both committee and floor votes on SB 780.  
            SB 780 was signed by Governor Davis on October 14.

School-Based Health Services
SB 231                        Senator Deborah Ortiz (D-Sacramento)

SB 231 reads like a complicated reimbursement plan to increase federal dollars, but the true intent is revealed in the Senate Floor Analysis, which noted:  "Overall, this bill should result in significant savings to Proposition 98 funds, which could then be used for expanding school-based health services or other Proposition 98 purposes.  These savings would be generated by obtaining a federal match of about 50 percent for school-based health services, which are currently being funded with 100 percent General Fund money."
            We oppose the delivery of health services in the schools because proponents want to promote “reproductive health services,” and it is both legally problematic to exclude such services, and impossible to require parental consent for them.  (Drug and alcohol abuse counseling and outpatient mental health counseling may also be provided without parental consent.) 
            SB 231 was passed in the Assembly and the Senate largely along party lines, Democrats voting for, Republicans voting against, except for Senator Bruce McPherson and Assembly Members Sam Aanestad and Keith Richman.
            SB 231 was signed by Governor Davis on October 10


Full Taxpayer Funding for Abortions was Included in the Medi-Cal Budget for the State of California

Assembly:  We had floor votes in the California Assembly on May 25 on several pro-life issues as they took up a budget for the state of California, which contained approximately $34.5 million dollars, which will cover about 110,000 abortions over the next fiscal year.

All 5 proposed budget amendments were tabled (killed) by party line votes.  Democrats voted pro-abortion, Republicans voted pro-life on all 5 amendments except as noted below.  A summary of the amendments and votes follows:

Assemblyman Dennis Hollingsworth (R-Temecula) (assemblymember.Hollingsworth@assembly.ca.gov) offered the primary amendment which would have limited abortion funding to those necessary to save the life of the mother or for babies conceived in rape or incest (with reporting requirements).  It was tabled on a vote of 46-25, with 9 members absent or not voting.
 Assemblyman Phil Wyman (R-Tehachapi) (assemblymember.wyman@assembly.ca.gov) offered an amendment to require parental notification prior to a Medi Cal funded abortion on a minor.  It was tabled on a vote of 44-27, 9 members absent or not voting.
Assemblyman Jay La Suer (R-La Mesa) (assemblymember.lasuer@assembly.ca.gov) offered an amendment to prohibit tax funding for partial-birth abortions.  It was tabled on a vote of 44-27, with 9 members absent or not voting.
Assemblyman Dennis Mountjoy (R-Arcadia) (assemblymember.mountjoy@assembly.ca.gov) offered an amendment to prohibit payment for more than one abortion for the same woman in the same fiscal year.  It was tabled on a vote of 46-26, with 8 members absent or not voting.
Assemblywoman Pat Bates (R-Laguna Niguel) (assemblymember.bates@assembly.ca.gov) offered an amendment to require specified informed consent prior to a Medi-Cal funded abortion.  It was tabled on a vote of 44-25, with 11 members absent or not voting.

Assembly Members Bill Campbell, Tom Harman, and Paul Koretz had excused absences.
Dennis Cardoza, Joe Nation, Lou Papan and Keith Richman did not vote on any of the amendments.
Lynn Daucher supported the parental notice and the partial-birth abortion amendments, and did not vote on the others.
Charlene Zettel supported the parental notice, partial-birth and repeat abortions amendments, and did not vote on the others.
Marco Firebaugh did not vote on the partial-birth amendment and opposed all the others.
Dean Florez did not vote on the parental notice amendment and opposed all the others.
Sally Havice did not vote on parental notice, partial-birth or informed consent amendments, but opposed the others.
Carl Washington did not vote on the informed consent amendment, but opposed the others.

Senate:  We had floor votes in the California Senate June 7 on several pro-life issues as they took up a "trailer" bill, considered an element of the budget for the state of California for 2001-2002.  All 5 proposed budget amendments were tabled (killed) by party line votes.  Democrats voted pro-abortion, Republicans voted pro-life on all 5 amendments except as noted below.  A summary of the amendments and votes follows

Senator Ray Haynes (R-Riverside) (senator.haynes@sen.ca.gov 916-445-9781, FAX 916-447-9008) offered the primary amendment which would have limited abortion funding to those necessary to save the life of the mother or for babies conceived in rape or incest (with reporting requirements).  It was tabled on a vote of 23-13, with 4 members absent or not voting.
Senator Rico Oller (R-Roseville) (senator.oller@sen.ca.gov 916-445-5788, FAX 916-319-2104) offered an amendment to require parental consent prior to a Medi-cal funded abortion on a minor.  It was tabled on a vote of 23-13, 4 members absent or not voting.
Senator Maurice Johannessen (R-Redding) (senator.johannessen@sen.ca.gov,  916-445-3353, FAX 916-445-7750) offered an amendment to prohibit the use of taxpayer funds to purchase embryos or fetuses or parts thereof.  It was tabled on a vote of 24-12, with 4 members absent or not voting.
Senator Jim Brulte (R-Rancho Cucamonga) (senator.brulte@sen.ca.gov, 916-445-3688, FAX 916-327-2272) offered an amendment to require that Medi-Cal abortion patients sign a form to assure that they are not having the abortion under any coersion, intimidation or duress.  It was tabled on a vote of 23-12, with 5 members absent of not voting. (This is the first time this amendment has been offered.)
Senator Dick Monteith (R-Modesto) (senator.monteith@sen.ca.gov, 916-445-1392, FAX 91-445-0773) offered an amendment to prohibit payment for more than one abortion for the same woman in the same fiscal year.  It was tabled on a vote of 25-13, with 2 members absent or not voting.

As noted above, Democrats voted pro-abortion, Republicans pro-life except:

Senators Jim Costa and Bruce McPherson did not vote on any of the amendments.
Senator Joe Dunn (D-Garden Grove) opposed the parental consent and one abortion per year amendments, and did not vote on the others.
Senator John Vasconcellos (D-San Jose) opposed the prohibition on the purchase of fetal body parts, the amendment to curb forced abortions, and the one abortion per year amendment, and did not vote on the others.
Senator John Burton (D-San Francisco) did not vote on the parental consent amendment and opposed all the others.
Senator Bill Morrow (R-San Juan Capistrano) did not vote on the amendments to prohibit the purchase of fetal body parts or to curb forced abortions, and supported all the others.
Senator Kevin Murray (D-Culver City) did not vote on the amendment to curb forced abortions, and opposed all the others.

Pro-Life Bills Defeated or Dropped

Parental Notification for Abortions

ACA 5             Phil Wyman (R-Tehachapi)

            ACA 5 would have amended the California Constitution to require parental notification prior to an abortion on a minor. It is necessary to amend the Constitution to override the California Supreme Court’s decision which declared a 1987 law (also authored by Assemblyman Wyman) requiring parental involvement in minors’ abortions unconstitutional.  A judicial bypass was included, as required by the U. S. Supreme Court.  The Democrats on the Assembly Health Committee refused its passage on a 4-8 party-line vote on May 1.  Helen Thomson, Wilma Chan, Ed Chavez, Dario Frommer, Paul Koretz, Darrell Steinberg, Howard Wayne, and Herb Wesson voted against ACA 5, and Republicans Sam Aanestad, Pat Bates, Robert Pacheco, and Charlene Zettel supported it.  Democrats Gloria Negrete McLeod and Simon Salinas withheld their votes, as did pro-abortion Republican Keith Richman. George Runner, a pro-life Republican from Lancaster, asked some pointed questions of the opponent’s witnesses, then had to leave for a district-related meeting.  When he tried to cast his vote in favor of the measure—just 10 minutes after the end of the hearing—they refused to let him add on.  Committee votes are typically held open until the end of the day for members to “add on” their votes.  His intention was printed in the Assembly Daily Journal.

 Parental Consent for Release from School

AB 558            Mike Briggs (R-Fresno)

            AB 558 would have required parental consent prior to releasing a student from school. Many school districts allow students to be released without parental permission for confidential medical appointments.  AB 558 was rejected in the Assembly Education Committee on April 18 on a 5-7 party line vote.  Republicans Lynne Leach, Ken Maddox, Rod Pacheco, Mark Wyland and Charlene Zettel supported AB 558, and Democrats Virginia Strom-Martin, Elaine Alquist, Tom Calderon, Jackie Goldberg, Carol Liu, Fran Pavley, and Juan Vargas opposed.  Lou Correa, Sarah Reyes, Simon Salinas, and Carl Washington did not vote.

Choose Life License Plates

SB 251                        Senator Ray Haynes (R-Riverside)

            SB 251 would have allowed an option for a specialty automobile license plate containing the words “Choose Life.”  The funds collected from these plates would have been allocated to non-governmental, not-for-profit agencies which provide counseling and meet the needs of pregnant women who are considering adoption.  No funds could have gone to agencies associated with abortion or abortion counseling or referrals.  The bill was never set for a hearing by the committee of jurisdiction, Senate Transportation.

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  You can access bill text, committee analyses, and votes on these bills (but not on amendments), and all others, on the Assembly or Senate Websites-- www.assembly.ca.gov or www.sen.ca.gov.  Or click here then insert the bill number.