2002 Legislation Information

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Anti-Life Legislation 

Cloning and Stem Cell Research

SB 1230—Extends indefinitely the current moratorium on so-called “human reproductive cloning,” but allows cloning human beings for research.    
By Senator Dede Alpert (D-Coronado)—Passed the California Senate May 2, 2002, 22-5; and the California Assembly on August 23rd, 47-25.  Signed by Governor Gray Davis on September 23rd.

            SB 1230 extends indefinitely the current moratorium on so-called “human reproductive cloning.”  This is not a true ban on cloning.  In 1997 the California Legislature enacted a 5-year moratorium on cloning “that could result in the birth of a human being.”  So cloning is o.k., as long as you do not nurture the child so that a birth might result.  In other words it requires the death of every human embryo who is created.   Cloning for the purposes of research and destruction, euphemistically called “therapeutic” cloning is allowed.  This moratorium ends at the end of this year.
            A twelve member advisory committee was appointed pursuant to the 1997 law, to study the issues surrounding human cloning and to make recommendations to the Legislature.  They presented their report to the Legislature on January 15, unanimously recommending a permanent ban on human cloning that could result in the birth of a human being, but recommending that human cloning for the purpose of research and destruction should be allowed with regulation.  They suggested that regulation should 1) prohibit the use of embryos after 14-18 days, 2) ensure that persons providing cells obtain informed consent, and 3) require that an Institutional Review Board approve the research.  Not one member of the advisory committee had a moral reservation about the cloning of a human being for the mere  purpose of research and destruction! (The full report can be found here:  http://www.sfgate.com/chronicle/cloningreport/.)
            SB 1230 also establishes an advisory committee for the purpose of advising the Legislature and the Governor on human cloning and other issues relating to human biotechnology.  
            Senator Ray Haynes (R-Riverside) and Assemblyman George Runner (R-Lancaster) attempted to amend SB 1230 into a true ban on human cloning.  Their amendments were rejected 20-12 in the Senate, and 47-26 in the Assembly.

SB 253-- formerly SB 1272—Authorizes destructive embryonic stem cell research in California.
By Senator Deborah Ortiz (D-Sacramento)—Passed the California Senate on May 2, 2002, 21-10, and the California Assembly on August 26, 46-27, signed by the Governor on September 22nd. (This bill should have died due to missing a policy committee deadline, but by the miracles of rule waivers was resurrected by gutting another bill and  pouring the language of SB 1272 it into it.)  

            SB 253 specifically permits research involving “the derivation and use of human embryonic stem cells, human embryonic germ cells, and human adult stem cells . . . ,” including the use of cloned human embryos.   
            SB 253 also requires that patients of in vitro fertilization clinics who elect to discard their “excess” embryos, be offered “the option of donating the remaining embryos for research.”  California ProLife Council believes that human life in all of its stages is entitled to the protection of the law, and that so-called “excess” embryos should be adopted and called by name, not exploited for research.  Note how the bill euphemistically refers to the killing of the embryo as “the derivation of . . . human embryonic stem cells.” 

SCR 55—Establishes a panel to advise the Legislature on stem cell research.
By Senator Deborah Ortiz (D-Sacramento)—Passed the California Senate on April 8, 2002, 27-9; and the Assembly on August 8, 2002, 50-28.  Resolutions do not require the Governor's signature.

            SCR 55 is a Senate Concurrent Resolution that would establish a panel of 14 representatives of “medicine, human biology, cellular microbiology, biotechnology, law, bioethics, or religion,” to advise the Legislature on stem cell research, including embryonic stem cell research.  Seven members would be appointed by the Senate Committee on Rules, and seven by the Speaker of the Assembly.  The panel would be chaired jointly by the chair of the Senate Committee on Health and Human Services and the chair of the Assembly Committee on Health.  The panel would meet at least once each quarter for one year without compensation to “evaluate the medical, social, legal, and ethical implications of stem cell research” and make recommendations to the Legislature no later than July 1, 2004. 

SJR 38—a resolution asking Congress and the President to reject pro-life bans on destructive embryonic stem cell research and human cloning.
By Senator Deborah Ortiz (D-Sacramento).  Passed the California Senate on April 15, 2002, 22-10; and the Assembly August 27, 2002, 48-27.  It does not require the Governor's signature.

            SJR 38 asks Congress and the President to reject bills, which would protect human embryos from research that requires their destruction, and bills that would prohibit the creation of human beings through cloning for the purpose of research and destruction.  It is essentially a symbolic act, with no force or effect of law.

Non-Physician Abortions

SB 1301—Replaces the Therapeutic Abortion Act with the “Reproductive Privacy Act.”
By Senator Sheila Kuehl (D-Santa Monica).  Passed the California Senate on May 16, 22-12, with Bruce McPherson of Santa Cruz casting the lone Republican vote; passed the Assembly Judiciary Committee on June 11, 8-2; and the Assembly Health Committee on June 25, 13-6 with just one Republican vote, Keith Richman M.D.of Granada Hills.  It passed the Assembly Appropriations Committee on August 7, 17-4 with 2 Republican votes, Lynne Daucher of Brea, and Charlene Zettel of Poway.  Zettel had opposed it in the Health Committee.  SB 1301 passed the Assembly August 19, 50-25, and was signed by the Governor on September 5, 2002.  

            SB 1301 significantly revises two important provisions of the 1967 Therapeutic Abortion Act.  The requirement that abortions be done by “a holder of the physician’s and surgeon’s certificate” would be replaced with language, which would allow non-physicians to perform “nonsurgical” abortions.  The provision that no abortions be performed “after the 20^th week of pregnancy” (a provision unenforceable due to Roe v. Wade, but never stricken by the California Supreme Court), would be replaced with, “[t]he state may not deny or interfere with a woman’s right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to preserve the life or health of the woman.”   This is the policy decreed in Roe v. Wade and Doe v. Bolton, which brought abortion on demand to America and has resulted in more than 40 million abortions since 1973.

            Senator Ray Haynes in the Senate, and Assemblyman Tim Leslie in the Assembly, offered amendments to restore the 35 year old requirement that only physicians could do abortions.  The Senate rejected the amendments 21-12, and the Assembly rejected them 47-26.

SB 993-- By Senator Liz Figueroa (D-Fremont).  Alters scope of practice for nurse midwives and nurse practitioners "in solo practice" to allow them to furnish medications.  Due to the passage of SB 1301, this means they can administer RU 486 and other drug-induced abortions.  This was a child care and development bill in the Senate, but was gutted and amended in June.  However it came to the floor of the Assembly on the "consent calendar." Assemblyman Dick Mountjoy (R-Monrovia) pulled it from "consent," so that it would not pass unanimously, and explained to members why it should be opposed when it came up for a vote on August 23rd.  It passed 58-18, and the Senate concurred in the Assembly amendments on August 31, 25-7.  The Governor signed it on September 20th..

Special Privacy Protection for Abortion Providers, Volunteers, Patients

AB 797-- Will provide the special protection of address confidentiality for abortion providers, employees, volunteers and patients as regards their voter registration and other public records.
By Assemblyman Kevin Shelley (D-San Francisco).  AB 797 passed the Senate August 22, 2002, on a vote of 24-11, and the Assembly on a vote of 60-20 on August 30.  It was signed by Governor Davis on September 5, 2002.  
            AB 797 was a bill providing educational support for foster care children when it passed the Assembly, but was gutted and amended to become this special protection bill for abortion providers, volunteers and patients before it went to the Senate.  It is called the "Address Confidentiality for Reproductive Health Care Services Providers, Employees, Volunteers, and Patients" program.  The purpose according to the findings and declarations is to "enable state and local agencies to respond to requests for public records without disclosing the residential location of a reproductive health care services provider, employee, volunteer, or patient. . ."   

Insuring In Vitro-Fertilization

AB 1826—Would have required health care plans to include coverage for in vitro-fertilization.
By Assemblywoman Carole Migden (D-San Francisco).  This bill was sidetracked along with several health care related bills, due to high costs.
            AB 1826 would have required health care service plans to provide coverage of treatment for infertility on the same terms and conditions as other benefits, without lifetime caps or other restrictions, and deletes the exception in current law for in vitro fertilization.
            The process of in vitro-fertilization is fraught with disregard for human life and results in the wanton destruction of very young embryos as well as some older babies.  A “pick of the litter” mentality guides the selection of which embryos are implanted in the mother’s womb.  So-called “excess” embryos are in most cases either discarded or exploited for medical research.  Abortion is often recommended for babies presenting with disabilities, and is sometimes a part of the contract.  Mothers who have conceived more than two babies in the same pregnancy are often pressured into “reduction abortions,” in which the “excess” babies are deliberately killed with a lethal injection into their hearts.
            No insurance company or its stockholders should be required to offer this controversial procedure, and no employee who contributes to his health plan should be required to subsidize this carnage. 

Training Abortionists

AB 2194—Requires medical residency programs to include abortion training.
By Assemblywoman Hannah-Beth Jackson (D-Santa Barbara). Passed the Assembly May 16, 2002, 40-25; and the Senate  on August 12, 2002, 25-13.  It was signed by the Governor on September 5.

            SB 2194 requires all residency programs in obstetrics and gynecology to include training in the performance of an abortion by incorporating into state law the requirements of the Accreditation Council for Graduate Medical Education.  (It seems the height of irresponsibility for a legislature to tie state law to the policies of a private agency or organization.)  Current California law does protect health care professionals and students from being involved in abortions if they file a letter expressing their objections to participating in abortions, and federal law protects both students and institutions from being forced to perform abortions, offer abortion training or refer for abortion training, at the risk of a state losing its federal funds.

School-Based Health Clinics

AB 2136—Could increase or facilitate school-based health services through a proposed State School Health Advisory Council. 
By Assemblyman Dean Florez (D-Shafter).  Passed the Assembly May 29, 2002, 45-27; and the Senate on August 22, 21-9.  This bill, however, was vetoed by the Governor. 

AB 2741—Would have created the Children’s School Readiness and Health Council in the California Health and Human Services Agency, which could also increase or facilitate school-based health services. 
By Assemblywoman Wilma Chan (D-Oakland).  Passed the Assembly May 29, 2002, 51-2; and the Senate on August 30, 23-12,  but this bill, too, was vetoed by Governor Davis.

Campaign Finance Reform

AB 2134—Public Financing for Political Campaigns, by Assemblyman John Longville (D-Rialto)—held under submission by Assembly Appropriations Committee—in other words, dead.

AB 3051—Additional Requirements for Independent Expenditure Committees, by Assemblyman Lou Papan (D-Millbrae).  Passed the Assembly May 23, 2002, 61-7, hurdled the Elections and Appropriations Committees in the Senate, and was awaiting a vote on the Senate floor, but it was mysteriously sent back to the Senate Appropriations Committee, where it died..   

Funding for United Nations Fund for Population Activities

SJR 51-- by Senator Betty Karnette (D-Long Beach)

This non-binding resolution was introduced on August 7.  It requests of President Bush and the U. S. Congress that they restore the $34 million in funding for the United Nations Population Fund (UNFPA) recently denied by President Bush.  It passed the Senate on August 20, 2002, 23-12, and the Assembly floor, 50-27, on August 29.  It does not require the signature of the Governor.

UNFPA has been involved in and provided over $170 million for the Chinese "One-Child Policy" since its inception in the 1970s.  This inhumane, coercive population program has resulted in over 100 million forced abortions and sterilizations.  Top UNFPA officials have consistently praised China's birth-quota program and have held it up as a model for other developing nations, while attacking its critics.  Moreover, the Peruvisn Congress holds UNFPA at least partially responsible for the forced sterilizations of as many as 200,000 women.

Pro-Life Bills

Cloning

SB 1557—by Senator Jim Battin (R-La Quinta)

Would have banned all forms of human cloning whether for the purpose of live birth or for creation of human embryos for research and destruction.  Killed in the Senate Health & Human Services Committee on April 24, 2002, 3-6, and 3 not voting (7 votes were needed for passage). 

Fetal Manslaughter

AB 2623—by Assemblyman Dennis Mountjoy (R-Mountjoy)

Would have established a cause of action for the loss of an unborn child due to vehicular manslaughter.  Killed in the Assembly Public Safety Committee on April 16, 2002, 2-3, and 2 not voting (4 votes were needed for passage). 

Requiring Ultrasound

AB 2537—by Assemblyman Jay La Suer (R-La Mesa)

Would have required an ultrasound prior to an abortion; was withdrawn from consideration by the author.   

Resolution to Acknowledge the Link Between Abortion and Breast Cancer

ACR 224-- also by Assemblyman La Suer (R-La Mesa)

This Assembly Concurrent Resolution would have asserted that the Legislature acknowledges the link between a first trimester abortion and breast cancer.  It would have further declared the public's need for heightened awareness of this added risk of contracting breast cancer.  It was introduced late in the session, and was withdrawn by the author before a hearing was held.

Instruction regarding  Baby Abandonment Law

AB 2817—by Assemblyman Ken Maddox (R-Garden Grove)

Requires that course material and instruction for sex education courses must advise pupils of the Safe Arms for Newborns Law.  Passed the Assembly May 28, 2002, 78-0, and the Senate 39-0 on August 27.  It was signed by the governor on September 29.   

Study Regarding Denial of Treatment

SB 1344—by Senator Ray Haynes (R-Riverside)

This bill would have required the Health and Human Services Agency to convene a work group, 
which would obtain a copy of the policies of California health care institutions pertaining to the 
denial of desired life-sustaining health care, and study various issues regarding the implementation 
of those policies.    
            Passed the Senate May 28, 39-0, and the Assembly Health Committee 10-4, but was 
held under submission in Assembly Appropriations.  Many bills die in this way due to lack of 
funding.

Certificate of Birth for Stillborn Babies

AB 1929—by Assemblyman George Runner (R-Lancaster).

Would have allowed parents whose baby died after a gestational period of at least 20 weeks to request a “certificate of birth resulting in stillbirth.”  Removed from consideration by the author due to irresolvable differences with sponsors and with the California Medical Association.   

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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.