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2004 Legislative Information
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(For information about federal legislation and congressional voting records, please visit National Right to Life Committee's Legislative Action Center at www.nrlc.org.)
Life-Related Proposals—California Legislature—2004
Anti-Life Legislation
CEDAW:
Redefining Discrimination to Preclude Limitations on Abortion - AB 2662 -
Assemblywoman Hannah Beth Jackson - now on the Governor's desk for a
signature as AB 358.
[Note: AB 2662 became AB 358 on June 7, reviving a
near-dead bill.] AB
2662 would have adopted the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) as California law. It
defines "discrimination" as "any distinction made on
the basis of sex." It would have prohibited discrimination in even private
relationships. This proposed "convention" has
been construed by U.N. agencies, by the European Parliament, and by
pro-abortion litigators in the United States to be inconsistent with any
limitations on abortion. While the CEDAW does not mention the word
"abortion," it explicitly obligates ratifying nations to ensure
equal access to "health care services, including those related to
family planning," and says that parties shall ensure that men and women
have "the same rights to decide freely and responsibly on the number
and spacing of their children." These and other provisions have been
construed by various official bodies to condemn any type of restriction on
abortion, on grounds that any restrictions on abortion are by definition
discrimination against women.
This
definition of "sex discrimination" condemns any limits on
abortion, including parental involvement laws regarding minors, limits on
late-term abortions, and laws recognizing the right of health-care providers
to refuse to participate in abortions, because all such laws "apply
only to women."
AB 2662
passed 7-0 in the Assembly Judiciary Committee on March 30, 2004. All
Republicans on the committee withheld their votes. When it was taken up on
May 5th in the Assembly Appropriations Committee it was put on the
"suspense" calendar, which meant that it would be assessed along with
many other proposals for cost. On May 19 the Assembly Appropriations
Committee
acted to hold AB 2662 under submission.
That should
have killed it for the year, but on June 7, Assemblywoman Jackson took one
of her bills that had suffered a similar fate last year, AB 358, but
had made it to the Senate. She gutted the language of AB 358 and
replaced it with the language of AB 2662, giving this terrible proposal new
life in the state Senate without having passed in the Assembly. It
went on to pass in the Senate, though in a weaker rendition, and was
returned to the Assembly for concurrence in amendments (of course it was
actually a different bill than the Assembly had passed the year
before). In it's final form it requires the state to "implement
the principles underlying" CEDAW, and requires several agencies to
conduct evaluations and make recommendations to the Legislature for what
practices and policies need to be changed. AB 358 passed the
Assembly and has now gone on to the Governor for his
signature.
Roe v. Wade - a resolution "celebrating" abortion passed the Legislature
AJR 57—Assemblywoman Hannah-Beth Jackson—The
California
Assembly once again "celebrated" more than 42 million
abortions in the 31 years of Roe v. Wade through
this non-binding resolution passed on January 22nd, 2004,
49-25, with 6 not voting. Only two Republicans voted for it, Lynn
Daucher of Brea and Keith Richman of Northridge. AJR 57 had 57 Assembly and
Senate authors and co-authors at that time. Assemblyman Tim Leslie
reminded Assembly members that many women as well as unborn children have
been killed in legal abortions in the wake of Roe v. Wade, and read a
list of names of California women, who paid the ultimate price for their
"choice" to abort their babies. Assemblyman Ray Haynes
offered an amendment to the resolution to among other things, appeal to the
U.S. Supreme Court to "apply the language of the United States
Constitution according to its plain meaning." It failed on a
tabling motion, 48-27, 5 not voting. AJR 57 asks the President
and members of Congress "to uphold the intent and substance" of Roe
v. Wade and to "encourage all Americans to participate in the
national celebration, "The March for Women's Lives," on April 25,
2004, which will take place in Washington, D.C. AJR 57 passed the
California Senate on April 22nd, 23 - 13, 4 not voting. Sen. Bruce McPherson
of Santa Cruz was the only Republican to support AJR 57, and no Democrats
opposed it. Senators Pete Knight, Deborah Ortiz, Nell Soto and Edward
Vincent did not vote. AJR 57 had to return to the Assembly for vote on
concurrence with Senate amendments. It passed 47-21, with 12 not
voting. A resolution does not require the Governor's signature.
AJR 57 will be sent to the President and members of Congress.
Hospice Expansion (Our "oppose"
position was removed last year due to the author's amendments, but it was
amended once again - see below.) It is now on the Governor's desk for
a signature.
AB 1299-- Assemblywoman Lynn Daucher-- AB 1299 as introduced, would have expanded hospice services to those who are not terminally ill-- those who may have an "incurable progressive illness," which could include patients with Alzheimers, diabetes, disabilities, etc. It passed the Assembly Health Committee on May 9, 24-1 with only Assembly member Haynes opposing. On May 28, it was amended by the author as it was voted out of the Assembly Appropriations Committee on a 24-0 vote. Assemblywoman Daucher had accepted our request to remove the "incurable progressive illness" language and restore the language accommodating only the terminally ill. Before it went to the Assembly floor, similar language in the "Standards for Quality Hospice Care, 2002," which are referenced in AB 1299, was also restored to encompass only the terminally ill, so it passed the Assembly 75-1 on June 5. It was scheduled to be considered in the Senate Health and Human Services Committee on July 9, but the hearing was canceled by the author, and the bill became a two-year bill. It is now to be taken up by the Senate Health & Human Services Committee on June 2. It has been amended once again, to allow hospices to offer "preliminary services" to persons who do not have a terminal prognosis or who have not elected to receive hospice services. We encouraged the author to accept an amendment that will assure that non-terminal patients in the hospice setting have access to curative treatment. This amendment was accepted and AB 1299 passed the Senate and is now on the Governor's desk.
Pro-Life Legislation
Forced
Abortions – AB 2291 – Assemblyman Ray Haynes
AB 2291 would prohibit the funding of an abortion under the Medi-Cal program
unless the physician performing the abortion has obtained written assurance
from the patient that she understands that she may not be coerced into
having an abortion, and that the decision to have an abortion must be made
voluntarily, without duress or intimidation.
The bill would prohibit the reimbursement of an abortionist unless he
has submitted a statement signed by the patient that she is aware that it is
against the law for anyone to force intimidate, or coerce her into having an
abortion.
Forced
Abortions – SB 1593 – Senator Dennis Hollingsworth
SB 1593 is essentially the same bill as AB 2291 introduced on the Senate side, so
that the issue could be addressed in committees of both houses of the
California Legislature. SB 1593 was taken up in the Senate Health and
Human Services Committee on April 21, where it was rejected. Excellent
testimony was presented by one woman who was coerced into an abortion at 16,
and another courageous post-abortive woman who spoke on behalf of the many
women and girls who have abortions due to coercion or duress. Senator
Sam Aanestad (R-Grass Valley), also a physician, skillfully demolished the
oppositions' arguments that it would be bothersome and costly to require
this assurance that abortion patients know they have a right not to choose
abortion.
Fetal
Pain – AB 2331 – Assemblyman Dennis Mountjoy
Assemblyman Dennis Mountjoy
of Monrovia introduced AB 2331, which would require the physician performing a third trimester abortion to offer
to the pregnant woman information and counseling on fetal pain and offer to
her anesthesia for the unborn child. If
the pregnant woman voluntarily consents, AB 2331 would require the physician
to arrange for anesthesia to be administered for the unborn child.
It would also require the woman to sign a document that information
and counseling on fetal pain was provided and that the physician offered
anesthesia for the baby. AB
2331 was assigned to the Assembly Health Committee and Assembly Judiciary
Committees. A hearing was held in the Assembly Health Committee on May
4, 2004. John Whiffen, M.D., President of California Family Policy
presented testimony validating the need for anesthesia for unborn children
undergoing abortions. Assembly Members Alan Nakanishi and Robert
Dutton, who serve on the committee were helpful in supporting the bill and
asking Dr. Whiffen to comment on Planned Parenthood's contention that there
is no accepted evidence of pain for the unborn. Assemblyman Mountjoy
valiantly defended the measure and noted that animals have protection
against pain in California law, while our unborn children do not. Please
send letters thanking Assemblymen Dennis Mountjoy, Alan Nakanishi and Robert
Dutton to: State Capitol, Sacramento, CA 95814, or send letters addressed to
Assemblyman Mountjoy by FAX to 916-319-2159 or by e-mail to his legislative
aide: Joella.Cudney@asm.ca.gov.
Use organization letterhead where appropriate.
Parental
notice re: Minor's Medical Services - SB 1221 - Senator Bill Morrow
Senator Bill Morrow of Oceanside introduced SB
1221, which originally would have required that a school attempt to
provide a pupil's parent or guardian with advance notice if it intended to
excuse that student from school to obtain confidential medical services. The
law currently on the books requires only that if a school has a permissive
policy that would release students for such services, it must notify both
the parents and the students of the policy. Unfortunately this
information is virtually always inserted in handbooks sent home at the
beginning of a school year, or in some other comprehensive communication in
which the information is obscured, therefore most parents are not aware of
the policy. SB 1221 was amended to delete timely and
separate notice for each instance of release, and instead requires that
general notice of the policy has to be sent home on a separate piece of
paper, rather than being buried in other communications.
In this amended form, SB 1221 passed the Senate
Education Committee 10-0, and the Senate Appropriations Committee on May 20
11 - 0. It passed the Senate on May 26, 38 - 0. It was killed in
he Assembly Education Committee on June 23rd, 3-7, with Republicans
supporting and Democrats opposing, with the exception of Gene Mullin (D -
San Mateo), who was absent or not voting.
Repeal
of Stem Cell Research Law - AB 3012 - Assemblywoman Sharon Runner
Repeal of SB 322:
AB 3012 by Assemblywoman Sharon Runner would have repealed Senator
Deborah Ortiz’s SB 322, a bill that was signed into law by Governor Gray
Davis last year. It requires
that the Department of Health & Human Services develop an advisory
committee to write guidelines for research that destroys human embryos,
either cloned or “left-over” from infertility programs, in order to
remove their stem cells for research and experimentation.
SB 322 is one of the bills that Gov. Arnold Schwarzenegger asked to
be repealed, because it was an unfunded mandate, one of many, passed and
signed last year.
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You can access bill text, committee analyses, and votes on these bills, 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.