AB 20 (Leslie) Disabled persons: access: technical violations. This bill precludes commencement of an action for damages against a public facility for a de minimus deviation from a code or regulation that has no significant impact on a disabled person's right to the goods and services provided by the facility, as specified. The bill instead provides that the remedy for a technical violation, as defined, is injunctive relief and the recovery of attorney's fees. Status: AsmJud.
AB 378 (
AB 1400 (Laird) Civil Rights Act. This bill clarifies that marital status and sexual orientation are
among the characteristics that are protected against discrimination by business
establishments under the Unruh Civil Rights Act (Act). It also imports into the Act definitions of
the terms "disability," "religion," "sex," and
"sexual orientation" from the Fair Employment and Housing Act, and
includes, in enumerating the above characteristics, the perception of those
characteristics and association with a person who has or is perceived to have
those characteristics, as being within the protected categories. The bill further declares that it does not
intend to affect the California Supreme Court's holding in Marina Point, Ltd. v. Wolfson (1982) 30 Cal.3d 721. Status:
Chapter 420, 2005.
AB 1574 (Jones) Housing: discrimination. This bill authorizes the City of
ACA 6 (Wyland) Public benefits. This measure would prohibit the state from issuing any driver's license, state identification card, providing in-state tuition or fees for postsecondary education, granting any voting privileges, or providing any health, social, or other state or local public benefit to any person who is neither a citizen of the United States nor an alien lawfully present in the United States, unless the privilege, service, or the benefit is required to be provided pursuant to federal law. This measure would also require, to the extent consistent with applicable federal law, the presentation of proof of citizenship when any person exercises his or her right to vote in this state. Status: AsmJud, failed.
ACR 29 (Leslie) Access Awareness Month. This resolution recognizes July, 2005 as Access Awareness Month, urges
all citizens to join in the recognition of the 15th anniversary of the
Americans with Disabilities Act (ADA), and encourages businesses and the
disabled to work together in the same bipartisan spirit that accompanied the
original enactment of ADA in order to achieve a greater cooperation towards
compliance in this state. Status: Res. Chapter 99, 2005.
SJR 10 (Figueroa)
AB 416 (Plescia) Civic centers. This bill repeals the requirement that a school district charge a fee for the use of its facilities for religious services and also repeals other specified restrictions on the use of school facilities for religious services. It further provides that policies regarding the charging of fees for the direct costs of the use of school facilities shall be applied equally to users without regard to the educational, political, economic, artistic, or moral viewpoints or the beliefs expressed by a particular group. Status: SenJud.
AB 450 (Yee) Violent
video games. This bill makes
legislative findings that the prolonged exposure to violent video games may
increase feelings of aggression and cause psychological harm to minors, and
that the state has a compelling interest in preventing such harms. The bill makes it unlawful for a person to
sell or rent a video game that is labeled as a "violent video game,"
as defined, to a minor under 18 years old.
The bill also requires specified labeling for the purpose of identifying
violent video games. The contents of
this bill were later inserted into AB 1179 (Chapter 638). AB 450 was subsequently amended to deal with
emergency management systems regarding animals.
Status: AsmInactive.
AB
972 (Runner) Boxing: pregnancy tests. This bill mandates that a
female who is a contestant in a professional or amateur boxing match,
kickboxing match or martial arts match must provide the results of a pregnancy
test before the match commences to indicate whether she is currently
pregnant. This bill also requires that
if the test results indicate that the contestant is pregnant, she may not
compete in a boxing, kickboxing or martial arts match. Status: AsmJud, failed.
AB 1042 (Harman) Floating interest rate. The California Constitution provides that the rate of interest upon a judgment shall be set by the Legislature at not more than 10% per annum, but permits that rate to be varied and based on interest rates charged by federal agencies or economic factors or both. Existing statutory law provides that interest accrues at the rate of 10% per annum on certain judgments. This bill would instead provide that interest on pretrial settlement offers accrues at the federal short-term rate plus 3%, except as otherwise provided in a written contract, not to exceed 10% per annum on those judgments, as specified. The bill would require the Controller to annually establish the interest rate, as specified, and notify the auditor in each county of that rate. Status: AsmJud.
AB 1287 (Evans) Health studios. As originally introduced, this bill dealt with payment bonds. The bill was subsequently amended to authorize a health studio to limit access to persons of a single gender from certain areas where equipment for physical exercise is used or classes for physical exercise instruction are conducted. It also prohibits a health studio from limiting access to persons of a single gender in other areas of a health studio, such as dining areas, bars, seating areas, retail sales areas, and sports courts. Status: AsmJud.
ACA 20 (Haynes) Immigration
enforcement. This measure creates a
state entity to engage in the enforcement of federal immigration laws and to
dedicate state funds to engage in federal immigration functions. Status:
AsmJud, failed.
ACR 38 (Cogdill) Eagle Scouts. This bill seeks to recognize the efforts of Boy Scouts who earn the rank of Eagle Scout without encouraging the organization to halt its discriminatory policies that regrettably harm individuals seeking to be scouts and excluded from this opportunity solely due to their personal characteristics. Status: AsmJud, failed.
ACR 48 (Goldberg)
Girl Scouts. This resolution
commends the Girl Scouts of the
ACR 69 (Goldberg) Eagle Scouts. This resolution recognizes the outstanding efforts of the Boy Scouts of America (BSA) members who earn the rank of Eagle Scout and encourages the BSA to accept for membership and leadership all qualified boys and men, without discriminating on the basis of sexual orientation or religious belief. Status: Res. Chapter 82, 2005.
AJR 3 (Cohn) Reproductive rights: Roe v. Wade. This resolution memorializes the Congress and the President of the United States to stand firm in their resolve to uphold the intent and substance of the 32-year old United States Supreme Court decision in Roe v. Wade (1973) 410 U.S. 113. This resolution makes various statements regarding the effect of Roe v. Wade on women's ability to exercise their full rights under federal and state law. Status: Res. Chapter 83, 2005.
AJR 23 (Klehs)
Japanese internment camps. This
resolution urges the United States Congress, including all members of the
AJR 31 (Evans)
Speech. This measure respectfully
urges the Congress of the
SB 645 (Dunn) Mexican
repatriation: commission. This bill
establishes a Commission on the Unconstitutional Deportation of American
Citizens During the 1930s for addressing the forced deportation and emigration
of persons of Mexican descent during the 1930's and 1940's. Status:
Vetoed.
SB 670 (Dunn) Mexican
repatriation program of the 1930s: state apology. This bill expresses the apology of the State
of California to the victims that were illegally deported or coerced into
leaving the United States under the Mexican Repatriation Program of the 1930's
and requires a plaque be placed in a designated public location to commemorate
the victims of the repatriation program. Status: Chapter 663, 2005.
SB 711 (Dutton) Civic centers. This bill repeals the requirement that a school district charge a fee for the use of its facilities for religious services and also repeals other specified restrictions on the use of school facilities for religious services. Status: AsmEd.
SJR 11 (Kehoe) Military:
"Don't Ask, Don't Tell" policy.
This measure urges the Congress and the President of the United States
to adopt the Military Readiness Enhancement Act of 2005 (H.R. 1059), that
institutes a policy of nondiscrimination based on sexual orientation, and to
repeal the "Don't Ask, Don't Tell" policy. Status:
Res. Chapter 108, 2005.
AB 26 (Mountjoy) DMV: commercial requester accounts. This bill establishes, for two years, a mechanism at the DMV to provide special expedited telephone access to name and vehicle registration information to persons and organizations who have commercial requester accounts with the department. Status: AsmApprops.
AB 67 (Levine) Customer proprietary network. As referred to this Committee, this bill prohibited a telephone corporation from
discriminating between customers based upon a customer's consent, or refusal to
consent, to provide opt-in or opt-out approval to the use or disclosure of, or access
to, customer proprietary network information, as defined. The bill was subsequently amended to deal
with electricity rates. Status: Chapter 562, 2005.
AB 278 (Bogh) Thumbprints at commercial mail receiving agencies. This bill would require commercial mail receiving agencies to collect a thumbprint from a consumer before providing a mailbox to him or her. AsmJud, reconsideration.
AB 718 (Calderon) Personal data: drivers licenses. This bill expands the ability of businesses to electronically collect information from a driver's license or identification card. Specifically, the bill authorizes a retail seller to type, key in, or otherwise capture the data from a driver's license or identification card when that card is unreadable for specified purposes for which existing law already allows businesses to swipe such ID using an electronic device. It further allows the swiping of a driver's license or identification card for an owner of a vehicle to ensure that a potential driver is licensed to drive or for complying with a Department of Motor Vehicles' requirement, or for purposes of providing financing or the arranging of insurance for a vehicle purchase. Status: AsmJud.
AB 766 (Chavez)
Internet dating. As heard by the
Committee, this bill required Internet-based dating services to remove
customers' profiles upon termination of their paid services. The bill was subsequently amended to deal
with WIC program vendors. Status: SenHealth.
AB 1035 (Spitzer) Public officials: Internet posting of home information. This bill prohibits any person from knowingly hosting or providing service to an Internet web site that posts an official's home address or telephone number and prohibits any person from knowingly disclosing an official's home address or telephone numbers. This bill also provides an official whose home address or telephone number was disclosed as a result of a violation of the prohibition a civil cause of action to recover actual damages, including court costs, loss of wages, attorney's fees, pain and suffering, punitive damages and any other relief that a court deems proper and appropriate. Status: SenJud.
AB 1741 (
SB 13 (Bowen)
Personal information: state agency databases.
This bill permits state agencies to release personal information to
the
SB 92 (
SB 158 (Machado) Powers of attorney: social security number. This bill deletes the social security number from the statutory power of attorney form. This bill notifies a person on the statutory power of attorney form that a third party may require additional identification. Status: Chapter 251, 2005.
SB 234 (Runner)
Taxpayer information: disclosure.
This bill prohibits the Franchise Tax Board's disclosure of a taxpayer's
personal information, as defined, to the general public unless the disclosure
is specifically authorized or required by law.
The bill also designates personal information regarding certain appeals
to the State Board of Equalization as protected from disclosure under the
California Public Records Act. The bill
further excludes from the open meeting requirements the board's consideration
of proposed administrative settlements.
The bill also designates specified documents in the possession of the
board as disclosable public records, as specified, and would require the
deletion of specified personal information from those records. Status:
SenUnfinished.
SB 355 (
SB 440 (Speier)
Laptop encryption. Requires any
state agency, or person contracting with a state agency, to encrypt personal
information that is transported via a laptop or other electronic storage
device, and prohibits a business from discriminating against a customer who does
not permit the business to share the customer's personal information. Personal information includes social security
numbers, medical information, driver's license number,
SB 550 (Speier) Personal information: data brokers. This
bill, the California Data Brokers Access and Accuracy Act of 2005, provides
individuals with access to, and an opportunity to correct, their files compiled
by data brokers. The bill is modeled
after the federal Fair Credit Reporting Act (FCRA) and includes many consumer
protections provided by the FCRA. The
bill requires data brokers to have a dependable authentication process to
ensure that only permitted parties access the data files, and provides
consumers with a private right of action for violations of the security
provisions. Status: AsmB&F, reconsideration.
SB 569 (Torlakson)
Affinity programs. This bill, until
January 1, 2011, permits the California State University (CSU), the University
of California (UC), and Hastings College of the Law (HCL) to release the names
and addresses of their alumni to businesses with whom they have
affinity-partner agreements (i.e. commercial vendors that have contracts with
the institutions to offer alumni commercial products and services, often at
discounted rates). The bill requires
certain privacy requirements to be met, including requiring the businesses to
maintain the confidentiality of the names and addresses of the alumni. The institutions must provide their alumni
with the opportunity to opt-out having their information shared. Status:
Chapter 498, 2005.
SB 682 (Simitian) Identity Information Protection Act of
2005.
Requires certain security measures to be implemented into
government-issued identification (ID) that incorporate radio frequency
identification (RFID) technology, with certain specified exceptions. The entity issuing the card must provide the
holder with certain information, such as the location of the card readers. This bill prohibits the use of RFID in four
classes of widely-issued government documents (driver's license, ID cards
issued to students in K-12 schools, government-issued health and medical
benefit cards; library cards.) It also
limits third-party access to information, and punishes those who intentionally
remotely read the cards. Status: AsmApprops. The contents of this bill were later inserted
into SB 768 on the Assembly Floor, where it was placed on the inactive file.
SB 802 (Simitian) Debit cards. This bill prohibits any person who transacts business using debit cards from electronically printing more than the last five digits of the debit card on the receipt. Status: Chapter 445, 2005.
SB 833 (Bowen)
Unsolicited advertising faxes. This
bill establishes in
SB 852 (Bowen)
Identity theft. This bill extends
existing law's requirements relating to notice of a breach of the security of a
computer system to also include non-computerized data. Upon the theft or other type of disclosure of
computerized data containing personal information, as defined, an entity must
notify any
AB 654 (Berg and
Levine)
AB 222 (Bogh) Public works: prevailing wages. This bill eliminates the provisions that authorize and require the initiation and enforcement of a labor compliance program, and instead, requires an awarding body to post a notice advising workers that do not receive the prevailing rate of per diem wages for work performed on a public works project to contact the Division of Labor Standards Enforcement. Status: AsmL&E, failed.
AB 581 (Klehs) Public
works construction projects: wages.
This bill requires awarding bodies on public works projects to submit to
the Contractors' State License Board (CSLB) the name and license number of all
contractors and subcontractors awarded contracts, which CSLB must then post on
its website. The bill further states
that a licensee's failure to pay wages as required by the Labor Code is cause
for disciplinary action by the CSLB, with or without a finding of a violation
by the Labor Commissioner, and provides that a joint labor-management committee
may bring an action for violations of prevailing wage laws on public works
within four years of a violation.
Status: SenApprops.
SB 174 (Dunn)
Violations of wage and hour laws.
This bill allows employees to act on behalf of themselves and others
making less than twice the state minimum wage in recovering unpaid minimum
wages or overtime compensation. Status: Vetoed.