City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00858 6/27/2023 Consent Item 33.
Approve the City Taking a Formal Position of Support on Assembly Bill 223 (Ward), Assembly Bill 994 (Jackson), Senate Bill 372 (Menjivar), Assembly Bill 783 (Ting), Senate Bill 36 (Skinner), Senate Bill 760 (Newman), and Assembly Bill 1078 (Jackson) File ID: 2023-00858
Location: Citywide
Recommendation: Pass a Motion supporting Assembly Bill 223 (Ward), Assembly Bill 994 (Jackson), Senate Bill 372 (Menjivar), Assembly Bill 783 (Ting), Senate Bill 36 (Skinner), Senate Bill 760 (Newman), and Assembly Bill 1078 (Jackson).
Contact: Consuelo Hernandez, Director of Governmental Affairs, (916) 808-7395, [email protected], Office of the City Manager; Zachary Freels, District Director, (916) 808-5241, [email protected], Office of Councilmember Valenzuela Presenter: None.
Attachments:
1-Description/Analysis
2-Assembly Bill 223 (Ward)
3-Assembly Bill 994 (Jackson)
4-Senate Bill 372 (Menjivar)
5-Assembly Bill 783 (Ting)
6-Senate Bill 36 (Skinner)
7-Senate Bill 760 (Newman)
8-Assembly Bill 1078 (Jackson)
Additional Description/Analysis
Issue Detail:
Assembly Bill 223 (AB 223) would require any petition for a change of gender and sex identifier by a minor to be provided under seal. Specifically, AB 223 would require the petition and any papers associated with the proceeding to change an individual’s gender or sex identifier or change their name and to recognize the change in gender and sex identifier to be kept confidential by the courts where the petitioner is under 18 years of age. Additionally, AB 223 would require the court to limit access to the court records in the proceeding, including the register of actions, to the minor, any adult
File ID: 2023-00858 6/27/2023 Consent Item 33.
who signed the petition, the minor’s parents or guardians or guardians ad litem, and any attorneys representing these individuals
Assembly Bill 994 (AB 994) would, with respect to an individual who has been arrested for any crime, require a police department or sheriff’s office, upon posting a booking photo on social media, to use the name and pronouns given by the individual arrested. The bill would authorize a police department or sheriff’s office to use other legal names or known aliases of an individual in limited specified circumstances. AB 994 would also require that a police department or sheriff’s office remove any booking photo shared on social media after 14 days unless specified circumstances exist.
Senate Bill 372 (SB 372) would require a board under the Department of Consumer Affairs (DCA) to update a licensee’s or registrant’s license by replacing references to the former name or gender on the license or registration, as specified, if the board receives documentation, as described, from the licensee or registrant demonstrating that the licensee or registrant’s legal name or gender has been changed. If the board operates an online license verification system, the bill would require the board to replace references to the licensee’s or registrant’s former name or with the individual’s current name or gender, as applicable, on the publicly viewable information displayed on the internet. The bill would prohibit a board from publishing information relating to the licensee’s or registrant’s former name or gender online. For specified licensees or registrants, the board would be prohibited from posting enforcement records online, but would be required to direct the public to contact the board, as prescribed. The bill would require the board, if requested by a licensee or registrant, to reissue any license created by the board and conferred upon the licensee or registrant. The bill would prohibit a board from charging a higher fee for reissuing a license with an updated legal name or gender than the fee it charges for reissuing a license with other updated information.
Assembly Bill 783 (AB 783) would require a city that licenses businesses within its jurisdiction to provide written notice to each applicant for a new or renewed business license of the requirement that all single-user toilet facilities in any business establishment, place of public accommodation, or government agency be identified as all-gender toilet facilities.
Senate Bill 36 (SB 36) would do the following:
· Prohibit a magistrate from issuing a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of law of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipient’s location. The bill would make a bail bondsman who takes such an individual into custody without a warrant guilty of a misdemeanor and ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. · Prohibit a person authorized under the act from apprehending, detaining, or arresting a bail
File ID: 2023-00858 6/27/2023 Consent Item 33.
fugitive who has been admitted to bail in another state and whose alleged offense or conviction is for the violation of a law of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of abortion, contraception, reproductive care, or gender-affirming care, if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipient’s location. The bill would make a violation of this provision a misdemeanor and make the authorized individual ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision.
· Prohibit an officer or employee of a state or local law enforcement agency from providing information or assistance to specified entities regarding services constituting legally protected health care activity, including, but not limited to, abortion, contraception, reproductive care, and gender-affirming care, if those services would be lawful if they were provided entirely within this state.
· Prohibit a judge from ordering a witness to appear pursuant to these provisions if the criminal prosecution is based on the laws of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state. · Require that the determination of whether a person is fleeing to avoid prosecution for purposes of eligibility in the CalWORKS program be made pursuant to a specified federal regulation. The bill would also make a person who is fleeing to avoid prosecution, or custody and confinement after conviction, whose alleged offense or conviction is for the violation of a law of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care, if the abortion, contraception, reproductive care, or gender- affirming care is lawful under the laws of this state, regardless of the location of the patient, eligible for benefits under these programs.
Senate Bill 760 (Sb 760) would require, on or before July 1, 2025, each school district, county office of education, and charter school, including charter schools operating in a school district facility, maintaining any combination of classes from kindergarten to grade 12, inclusive, to provide at least one all-gender restroom for voluntary pupil use at each of its school sites. The bill would require the all-gender restroom to meet certain requirements, including, among other things, that it has signage identifying the bathroom facility as being open to all genders and is unlocked, unobstructed, and easily accessible by any pupil.
Assembly Bill 1078 (AB 1078) would revise the list of culturally and racially diverse groups to instead include materials that accurately portray the contributions of people of all gender expressions and the role and contributions of Latino Americans, LGBTQ+ Americans, and other religious and
File ID: 2023-00858 6/27/2023 Consent Item 33.
socioeconomic status groups. The bill would require the State Department of Education to issue guidance related to how to help school districts, county offices of education, charter schools, and school personnel manage conversations about race and gender, and how to review instructional materials to ensure that they represent diverse perspectives and are culturally relevant.
Policy Considerations: Staff was directed to bring to Council a request to support AB 223 (Ward), AB 994 (Jackson), SB 372 (Menjivar), AB 783 (Ting), SB 36 (Skinner), SB 760 (Newman), and AB 1078 (Jackson).
Economic Impacts: Not applicable.
Environmental Considerations: This activity is not subject to CEQA because it does not involve the exercise of discretionary powers by the city, it will not result in a direct or foreseeable indirect physical change in the environment, and it is not a “project” as defined in Section 15378. (CEQA Guidelines § 15060.)
Sustainability: Not applicable.
Commission/Committee Action: Passed at Law and Legislation Committee on June 20, 2023.
Rationale for Recommendation: Staff was directed to bring to Council a request to support AB 223 (Ward), AB 994 (Jackson), SB 372 (Menjivar), AB 783 (Ting), SB 36 (Skinner), SB 760 (Newman), and AB 1078 (Jackson).
Financial Considerations: None.
Local Business Enterprise (LBE): Not applicable.
AMENDED IN SENATE JUNE 5, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 223
Introduced by Assembly Member Ward
(Principal coauthor: Senator Atkins)
(Coauthors: Assembly Members Lee Cervantes, Lee, and Low) (Coauthors: Senators Eggman, Laird, Padilla, and Wiener) January 10, 2023
An act to add Section 103447 to the Health and Safety Code, relating to vital records.
legislative counsel’s digest
AB 223, as amended, Ward. Change of gender and sex identifier.
Existing law authorizes a person to file a petition with the superior court seeking a judgment recognizing their change of gender to female, male, or nonbinary, including a person who is under 18 years of age.
Existing la w authorizes a person to file a single petition to simultaneously change the petitioner’s name and recognize the change to the petitioner’s gender and sex identifier, as specified.
This bill would require any petition for a change of gender and se x identifier or a petition for change of gender , sex identifier, and name filed by a person under 18 years of age, and any papers associated with the proceeding, to be filed under seal. kept confidential by the court.
The bill would r equire the court to limit access to these r ecords to specified individuals, including, among others, the minor, the minor’s parents, and their attorneys.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the
98 interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 103447 is added to the Health and Safety line 2 Code, to read:
line 3 103447. If a person who seeks a change of gender and se x line 4 identifier pursuant to Section 103430 or a single petition for change line 5 to the petitioner’ s name and to recognize the change of the line 6 petitioner’s gender and sex identifier pursuant to Section 103435 line 7 is under 18 years of age, the petition and an y papers associated line 8 with the proceeding shall be filed under seal. kept confidential by line 9 the court. The court shall limit access to the court r ecords in the line 10 proceeding, including the r egister of actions, to the minor , any line 11 adult who signed the petition, the minor’ s parents or guardians line 12 or guar dians ad litem, and any attorne ys r epresenting these line 13 individuals.
line 14 SEC. 2. The Legislature finds and declares that Section 1 of line 15 this act, which adds Section 103447 to the Health and Safety Code, line 16 imposes a limitation on the public’s right of access to the meetings line 17 of public bodies or the writings of public officials and agencies line 18 within the meaning of Section 3 of Article I of the California line 19 Constitution. Pursuant to that constitutional pro vision, the line 20 Legislature makes the following findings to demonstrate the interest line 21 protected by this limitation and the need for protecting that interest:
line 22 It is in the best interest for the public to seal keep these records line 23 from the public confidential to ensure the pri vacy and safety of line 24 transgender and nonbinary youth. Transgender and nonbinary line 25 youth are 2 to 2.5 times as lik ely to e xperience depressi ve line 26 symptoms, seriously consider suicide, and attempt suicide line 27 compared to their cisgender LGBQ peers. Being outed is a line 28 traumatic event for any individual, especially for individuals under line 29 18 years of age. Allowing our children to choose when and ho w 98 — 2 — AB 223
line 1 they decide to share their personal details is vital in protecting their line 2 mental and physical health.
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98 AB 223 — 3 —
AMENDED IN ASSEMBLY MAY 2, 2023
AMENDED IN ASSEMBLY MARCH 16, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 994
Introduced by Assembly Member Jackson
(Coauthor: Assembly Member Ward)
(Coauthor: Senator Eggman)
February 15, 2023
An act to amend Section 13665 of the Penal Code, relating to la w enforcement.
legislative counsel’s digest
AB 994, as amended, Jackson. Law enforcement: social media.
Existing la w requires la w enforcement agencies, departments, or entities to consider specified best practices regarding the downloading and storage of body-w orn camera data, including prohibiting agenc y personnel from uploading recorded data onto public and social media internet websites, when establishing policies and procedures for the implementation and operation of a body-worn camera system.
Existing law prohibits a police department or sherif f’s office from sharing, on social media, booking photos of an indi vidual arrested on suspicion of committing a nonviolent crime, as defined, unless specified circumstances e xist. Existing la w requires a police department or sheriff’s office that shares, on social media, a booking photo of an individual arrested for the suspected commission of a nonviolent crime to remove the information from its social media page, upon request, unless the same specified circumstances exist. Existing law also requires a police department or sheriff’s office to remove the booking photo of
97 a person who has committed any other crime from social media if the individual’s record has been sealed, the indi vidual’s con viction has been dismissed, expunged, pardoned, or eradicated, the individual has been issued a certificate of rehabilitation, the indi vidual is found not guilty of committing the crime for which the y were arrested, or the individual was ultimately not char ged with the crime or the char ges were dismissed.
This bill would prohibit a police department or sheriff’s office from sharing, on social media, booking photos of an indi vidual arrested on suspicion of committing any crime unless specified circumstances exist.
This bill would also require
With respect to an individual who has been arr ested for any crime , this bill would r equire a police department or sherif f’s office, upon posting a booking photo on social media, to use the name and pronouns given by the indi vidual arrested. The bill w ould authorize a police department or sheriff’s office to use other legal names or known aliases of an individual in limited specified circumstances.
This bill would also require that a police department or sheriff’s office remove any booking photo shared on social media after 14 days unless specified circumstances e xist. Because the bill w ould impose higher duties on local law enforcement, it would impose a state-mandated local program.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 13665 of the Penal Code is amended to line 2 read:
line 3 13665. (a) A police department or sherif f’s office shall not line 4 share, on social media, booking photos of an indi vidual arrested line 5 on suspicion of committing any a nonviolent crime unless any of line 6 the following circumstances exist:
97 — 2 — AB 994
line 1 (1) A police department or sheriff’s office has determined that line 2 the suspect is a fugitive or an imminent threat to an individual or line 3 to public safety and releasing or disseminating the suspect’s image line 4 will assist in locating or apprehending the suspect or reducing or line 5 eliminating the threat.
line 6 (2) A judge orders the release or dissemination of the suspect’s line 7 image based on a finding that the release or dissemination is in line 8 furtherance of a legitimate law enforcement interest. line 9 (3) There is an e xigent circumstance that necessitates the line 10 dissemination of the suspect’s image in furtherance of an ur gent line 11 and legitimate law enforcement interest.
line 12 (b) (1) When a police department or sheriff’s office that shares, line 13 on social media, a booking photo of an individual, they shall use line 14 (b) With respect to an individual who has been arrested for any line 15 crime, including crimes defined in subdivision (c) of Section 667.5, line 16 a police department or sheriff’s office that shares, on social media, line 17 an individual’s booking photo shall do both of the following:
line 18 (1) Use the name and pronouns given by the individual. A police line 19 department or sherif f’s office may include other le gal names or line 20 known aliases of an indi vidual if using the names or aliases will line 21 assist in locating or apprehending the indi vidual or reducing or line 22 eliminating an imminent threat to an individual or to public safety. line 23 (2) A police department or sheriff’s office that shares, on social line 24 media, a booking photo of an individual arrested for the suspected line 25 commission of a crime shall remo ve Remove the booking photo line 26 from its social media page within 14 days unless an y of the line 27 circumstances described in par agraphs (1) to (3), inclusive , of line 28 subdivision (a) exist.
line 29 (3) This subdivision
line 30 (c) Subdivision (b) shall apply retroacti vely to an y booking line 31 photo shared on social media.
line 32 (c)
line 33 (d) For purposes of this section, “social the following terms have line 34 the following meanings:
line 35 (1) “Nonviolent crime” means a crime not identified in line 36 subdivision (c) of Section 667.5.
line 37 (2) “Social media” has the same meaning as in Section 632.01, line 38 except that social media does not include an internet website or line 39 an electronic data system developed and administered by the police line 40 department or sheriff’s office.
97 AB 994 — 3 —
line 1 SEC. 2. If the Commission on State Mandates determines that line 2 this act contains costs mandated by the state, reimb ursement to line 3 local agencies and school districts for those costs shall be made line 4 pursuant to Part 7 (commencing with Section 17500) of Division line 5 4 of Title 2 of the Government Code.
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97 — 4 — AB 994
AMENDED IN ASSEMBLY JUNE 12, 2023
AMENDED IN SENATE APRIL 20, 2023
AMENDED IN SENATE MARCH 20, 2023
SENATE BILL No. 372
Introduced by Senator Menjivar
(Coauthors: Senators Cortese and Wiener)
(Coauthors: Assembly Members Lee, Pellerin, and Wallis) February 9, 2023
An act to add Section 27.5 to the Business and Professions Code, relating to professions and vocations.
legislative counsel’s digest
SB 372, as amended, Menjivar. Department of Consumer Affairs:
licensee and registrant records: name and gender changes.
Existing law establishes in the Business, Consumer Services, and Housing Agency the Department of Consumer Affairs. Existing la w establishes v arious boards within the department for the licensure, regulation, and discipline of various professions and vocations. Existing law defines “board” for purposes of the Business and Professions Code to include b ureau, commission, committee, department, di vision, examining committee, program, and agency, unless otherwise expressly provided.
This bill would require a board to update a licensee’s or registrant’s records, including records contained within an online license verification system, to include the licensee’s or registrant’s updated legal name or gender license by r eplacing references to the former name or g ender on the license or r egistration, as specified, if the board recei ves government-issued documentation, as described, from the licensee or
96 registrant demonstrating that the licensee or registrant’s legal name or gender has been changed. The If the board operates an online license verification system, the bill would require the board to remove replace references to the licensee’s or registrant’s former name or gender from its online license v erification system and treat this information as confidential. The with the individual’ s curr ent name or g ender, as applicable, on the publicly vie wable information displayed on the internet. The bill would prohibit a board from publishing information relating to the licensee’s or registrant’s former name or gender online.
For specified licensees or r egistrants, the board would be required to establish a process to allow a person to request and obtain a licensee’s or registrant’s current name or prohibited from posting enforcement action record link ed to a former name, records online, but would be required to direct the public to contact the boar d, as prescribed. The bill would require the board, if requested by a licensee or registrant, to reissue specified documents any license cr eated by the boar d and conferred upon, or issued to, upon the licensee or registrant with their updated le gal name or gender . registrant. The bill w ould prohibit a board from charging a higher fee for reissuing a document license with a corrected or an updated legal name or gender than the fee it charges for reissuing a document license with other corrected or updated information.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 27.5 is added to the Business and line 2 Professions Code, to read:
line 3 27.5. (a) (1) Notwithstanding any other law, if a board receives line 4 government-issued documentation, as described in subdi vision line 5 (b), from a licensee or registrant demonstrating that the licensee’s line 6 or registrant’s legal name or gender has been changed, the board line 7 board, upon r equest by the licensee or r egistrant, shall update 96 — 2 — SB 372
line 1 their records, including an y records contained within an online line 2 license verification system, to include the updated le gal name or line 3 gender. the individual’ s license or r egistration by r eplacing line 4 references to the former name or g ender on the license or line 5 registration, as applicable , with r eferences to the curr ent name line 6 or gender.
line 7 (2) (A) If the board operates an online license v erification line 8 system, it shall remove the licensee’s or registrant’s former name line 9 upon receipt of go vernment-issued documentation, as described line 10 in subdivision (b). upon request by a licensee or registrant whose line 11 name or gender was updated pursuant to paragraph (1), the board line 12 shall replace references to the licensee’ s or r egistrant’s former line 13 name or gender with the individual’s current name or gender, as line 14 applicable, on the publicly viewable information displayed on the line 15 internet about the licensee or r egistrant. The licensee’ s or line 16 registrant’s former name and gender shall be deemed confidential. line 17 or gender, as applicable, shall not be published online. line 18 (B) The board shall establish a process for providing a licensee’s line 19 or registrant’s current name or enforcement action record link ed line 20 to a former name upon receipt of a request that is related to an line 21 enforcement action ag ainst the licensee or re gistrant or a search line 22 of a licensee by a previous name. The process shall ensure that the line 23 request is completed within 10 business days. This subparagraph line 24 shall be implemented in compliance with the California Public line 25 Records Act (Division 10 (commencing with Section 7920.000) line 26 of Title 1 of the Government Code).
line 27 (C) In establishing a process to pro vide a licensee’ s or line 28 registrant’s former name and gender , the board shall consider line 29 respect for the licensee’s or registrant’s privacy and safety. line 30 (B) Notwithstanding any other law, for licensees or registrants line 31 subject to subpar agraph (A) who wer e previously subject to an line 32 enforcement action, the board shall not post enforcement records line 33 online, but shall instead post online a statement directing the public line 34 to contact the board for more information about the licensee’s or line 35 registrant’s prior enfor cement action. The boar d shall ensur e line 36 compliance with the California Public Recor ds Act (Division 10 line 37 (commencing with Section 7920.000) of Title 1 of the Government line 38 Code) in implementing this section, including, but not limited to, line 39 responding to the r equest within 10 days fr om r eceipt of the line 40 request, as specified in Section 7522.535 of the Government Code. 96 SB 372 — 3 —
line 1 (3) If requested by the licensee or re gistrant, the board shall line 2 reissue any documents conferred upon the licensee or re gistrant line 3 with the licensee’s or registrant’s updated legal name or gender . line 4 license created by the boar d and conferred upon the licensee or line 5 registrant by the board. A board shall not charge a higher fee for line 6 reissuing a document with a corrected or an updated legal name line 7 or gender than the fee it regularly charges for reissuing a document line 8 with other corrected or updated information.
line 9 (b) (1) The documentation of a licensee or registrant identified line 10 in either of the following is required to demonstrate a legal name line 11 change of a licensee or registrant:
line 12 (A) A certified court or der issued pur suant to a pr oceeding line 13 authorized by subdivision (b) of Section 1277 of the Code of Civil line 14 Procedure and a copy of the certificate issued under the Secretary line 15 of State’ s Safe at Home pr ogram authorized by Chapter 3.1 line 16 (commencing with Section 6205) of Division 7 of Title 1 of the line 17 Government Code reflecting the licensee’s or registrant’s updated line 18 name.
line 19 (B) A certified court or der issued pur suant to a pr oceeding line 20 authorized by Section 1277.5 of the Code of Civil Pr ocedure or line 21 Article 7 (commencing with Section 103425) of Chapter 11 of Part line 22 1 of Division 102 of the Health and Safety Code r eflecting the line 23 licensee’s or registrant’s updated name.
line 24 (2) Any of the following documents is sufficient to demonstrate line 25 a legal name or gender change includes, but is not limited to, any line 26 of the following: of a licensee or registrant:
line 27 (1)
line 28 (A) State-issued driver’s license or identification card. line 29 (2)
line 30 (B) Birth certificate.
line 31 (3)
line 32 (C) Passport.
line 33 (4)
line 34 (D) Social security card.
line 35 (5)
line 36 (E) Court order indicating a name change or a gender change. line 37 (c) This section does not require a board to modify records that line 38 the licensee or re gistrant has not requested for modification or line 39 reissuance.
96 — 4 — SB 372
line 1 SEC. 2. The Legislature finds and declares that Section 1 of line 2 this act, which adds Section 27.5 to the Business and Professions line 3 Code, imposes a limitation on the public’ s right of access to the line 4 meetings of public bodies or the writings of public officials and line 5 agencies within the meaning of Section 3 of Article I of the line 6 California Constitution. Pursuant to that constitutional provision, line 7 the Legislature makes the following findings to demonstrate the line 8 interest protected by this limitation and the need for protecting line 9 that interest:
line 10 In order to protect the pri vacy rights and safety of indi viduals, line 11 it is necessary that this act limit the public’s right of access to that line 12 information.
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96 SB 372 — 5 —
california legislature—2023–24 regular session
ASSEMBLY BILL No. 783
Introduced by Assembly Member Ting
(Coauthor: Assembly Member Jackson)
(Coauthors: Assembly Members Jackson, Lee, and Lowenthal) (Coauthor: Senator Laird)
February 13, 2023
An act to add Section 16000.2 to the Business and Professions Code, relating to restrooms.
legislative counsel’s digest
AB 783, as introduced, Ting. Business licenses: single-user restrooms.
Existing law authorizes the le gislative body of an incorporated city and the county board of supervisors to license b usinesses carried on within their respective jurisdictions and to set license fees as specified.
Existing la w requires all single-user toilet f acilities in an y b usiness establishment, place of public accommodation, or government agency to be identified as all-gender toilet facilities, as specified.
This bill w ould require a city that licenses b usinesses within its jurisdiction to pro vide written notice to each applicant for a ne w or renewed business license of the requirement that all single-user toilet facilities in any business establishment, place of public accommodation, or government agency be identified as all-gender toilet f acilities. By increasing the duties of local officials, this bill w ould impose a state-mandated local program.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
Revised 3-28-23—See last page. 99
This bill would provide that no reimbursement is required by this act for a specified reason.
The bill w ould include findings that changes proposed by this bill address a matter of state wide concern rather than a municipal af fair and, therefore, apply to all cities, including charter cities.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 16000.2 is added to the Business and line 2 Professions Code, to read:
line 3 16000.2. A city that licenses businesses within its jurisdiction line 4 shall provide written notice to each applicant for a new or renewed line 5 business license of the requirements of Section 118600 of the line 6 Health and Safety Code.
line 7 SEC. 2. No reimbursement is required by this act pursuant to line 8 Section 6 of Article XIIIB of the California Constitution because line 9 a local agency or school district has the authority to le vy service line 10 charges, fees, or assessments sufficient to pay for the program or line 11 level of service mandated by this act, within the meaning of Section line 12 17556 of the Government Code.
line 13 SEC. 3. The Le gislature finds and declares that access to line 14 gender-neutral single-user restrooms is a matter of safety and line 15 inclusiveness to all and thus is a matter of state wide concern and line 16 is not a municipal affair as that term is used in Section 5 of Article line 17 XI of the California Constitution. Therefore, Section 1 of this act line 18 adding Section 16000.2 to the Business and Professions Code line 19 applies to all cities, including charter cities. line 20
line 21
REVISIONS: line 22
Heading—Line 2. line 23
line 24
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99 — 2 — AB 783
AMENDED IN SENATE APRIL 10, 2023
AMENDED IN SENATE FEBRUARY 14, 2023
SENATE BILL No. 36
Introduced by Senator Skinner
December 5, 2022
An act to amend Sections 847.5 and 1299.02 847.5, 1299.02, and 1334.2 of, and to add Title 5.8 (commencing with Section 13790) to Part 4 of the Penal Code, and to amend Section 11486.5 of, and to add Section 18901.33 to, the Welfare and Institutions Code, relating to out-of-state criminal charges.
legislative counsel’s digest
SB 36, as amended, Skinner. Out-of-state criminal char ges:
prosecution related to abortion, contraception, reproducti ve care, and gender-affirming care.
Existing la w authorizes a magistrate to issue a w arrant, upon application by a bail bondsman, as described, for an individual fleeing bail in another state and found in this state upon a finding of probable cause for believing that the person is a fugitive. Existing law makes it a misdemeanor to tak e a person who is a fugiti ve admitted to bail in another state into custody, except pursuant to a magistrate’s order.
This bill would prohibit a magistrate from issuing a w arrant for the arrest of an indi vidual whose alle ged offense or conviction is for the violation of law of another state that authorizes a criminal penalty to an indi vidual performing, recei ving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproducti ve care, or gender -affirming care is la wful under the la ws of this state, regardless of the recipient’ s location. The bill w ould mak e a bail
97 bondsman who takes such an individual into custody without a warrant guilty of a misdemeanor and ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. By creating a new crime, this bill would create a state-mandated local program.
Existing law, the Bail Fugiti ve Recovery Persons Act, prohibits a person, other than a certified la w enforcement officer , to apprehend, detain, or arrest a bail fugiti ve unless the person is a licensed a bail fugitive recovery agent, or both a bail licensee and private investigator who are also bail fugiti ve reco very agents. Existing la w mak es a violation of the Bail Fugitive Recovery Persons Act a misdemeanor.
This bill w ould prohibit a person authorized under the act from apprehending, detaining, or arresting a bail fugiti ve who has been admitted to bail in another state and whose alleged offense or conviction is for the violation of a la w of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of abortion, contraception, reproductive care, or gender-affirming care, if the abortion, contraception, reproducti ve care, or gender -affirming care is la wful under the la ws of this state, regardless of the recipient’s location. The bill would make a violation of this pro vision a misdemeanor and mak e the authorized indi vidual ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. By expanding the application of a crime, this bill would create a state-mandated local program.
This bill would additionally prohibit an officer or employee of a state or local la w enforcement agenc y from pro viding information or assistance to specified entities re garding services constituting le gally protected health care acti vity, including including, but not limited to, abortion, contraception, reproductive care, and gender-affirming care, if those services would be lawful if they were provided entirely within this state.
Existing law establishes a process by which a material witness in this state may be ordered to attend and testify in a pending prosecution or grand jury in another state.
This bill would pr ohibit a judge from ordering a witness to appear pursuant to these provisions if the criminal prosecution is based on the laws of another state that authorizes a criminal penalty to an individual performing, r eceiving, supporting , or aiding in the performance or receipt of an abortion, contr aception, r eproductive car e, or 97 — 2 — SB 36
gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state.
Existing la w pro vides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified lo w-income families and indi viduals. Existing federal la w establishes the federal Supplemental Nutrition Assistance Program (SN AP), kno wn in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible indi viduals by each county . Existing federal re gulations disqualify a fleeing felon, as defined, from receiving benefits under the CalFresh program.
This bill would require that the determination of whether a person is fleeing to avoid prosecution for purposes of eligibility in the Calworks CalWORKS program be made pursuant to a specified federal regulation.
The bill would also make a person who is fleeing to avoid prosecution, or custody and confinement after conviction, whose alleged offense or conviction is for the violation of a law of another state that authorizes a criminal penalty to an indi vidual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender -affirming care, if the abortion, contraception, reproducti ve care, or gender -affirming care is la wful under the la ws of this state, re gardless of the location of the patient, eligible for benefits under these programs. Because this bill w ould expand the eligibility requirements for these programs, this bill would create a state-mandated local program.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill w ould pro vide that with re gard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
97 SB 36 — 3 —
The people of the State of California do enact as follows:
line 1 SECTION 1. The Le gislature finds and declares all of the line 2 following:
line 3 (a) In 2022, following the United States Supreme Court decision line 4 overturning Roe v . Wade, California’ s le gislature passed and line 5 Governor Ga vin Ne wsom signed a package of bills, led by line 6 members of the Legislative Women’s Caucus, and complimentary line 7 budget actions that established the state as a haven for those fleeing line 8 prosecution for seeking abortion and gender-affirming care in other line 9 states.
line 10 (b) Many states ha ve now passed la ws that mak e seeking or line 11 providing an abortion a felony offense.
line 12 (c) Many states have also enacted laws or regulations banning line 13 gender-affirming care and 15 additional states are considering line 14 legislation to do so.
line 15 (d) It is the intent of the legislature Legislature to pass legislation line 16 to pro vide protections and supports to an y person fleeing a line 17 prosecution, conviction, or sentence in another state for seeking line 18 an abortion, contraception, reproducti ve care, or seeking line 19 gender-affirming care and to an y person assisting the person line 20 seeking that care.
line 21 SEC. 2. Section 847.5 of the Penal Code is amended to read:
line 22 847.5. (a) Except as provided in subdivision (b), if a person line 23 has been admitted to bail in another state, escapes bail, and is line 24 present in this State, state, the bail bondsman or other person who line 25 is bail for such fugitive, may file with a magistrate in the county line 26 where the fugiti ve is present an affida vit stating the name and line 27 whereabouts of the fugiti ve, the of fense with which the alle ged line 28 fugitive was charged or of which the y were con victed, the time line 29 and place of same, and the particulars in which the fugiti ve has line 30 violated the terms of their bail, and may request the issuance of a line 31 warrant for arrest of the fugiti ve, and the issuance, after hearing, line 32 of an order authorizing the affiant to return the fugiti ve to the line 33 jurisdiction from which the y escaped bail. The magistrate may line 34 require such additional evidence under oath as they deem necessary line 35 to decide the issue. If the magistrate concludes that there is line 36 probable cause for believing that the person alleged to be a fugitive line 37 is such, the magistrate may issue a warrant for the person’s arrest. line 38 The magistrate shall notify the district attorney of such action and 97 — 4 — SB 36
line 1 shall direct the district attorne y to in vestigate the case and line 2 determine the f acts of the matter . When the fugiti ve is brought line 3 before the magistrate pursuant to the warrant, the magistrate shall line 4 set a time and place for hearing, and shall advise the fugiti ve of line 5 their right to counsel and to produce evidence at the hearing. The line 6 magistrate may admit the fugitive to bail pending the hearing. The line 7 district attorney shall appear at the hearing. If, after hearing, the line 8 magistrate is satisfied from the evidence that the person is a fugitive line 9 the magistrate may issue an order authorizing affiant to return the line 10 fugitive to the jurisdiction from which they escaped bail. line 11 (b) A magistrate shall not issue a w arrant for the arrest of an line 12 individual whose alleged offense or conviction is for the violation line 13 of laws of another state that authorizes a criminal penalty to an line 14 individual performing, recei ving, supporting, or aiding in the line 15 performance or receipt of an abortion, contraception, reproductive line 16 care, or gender -affirming care if the abortion, contraception, line 17 reproductive care, or gender -affirming care is la wful under the line 18 laws of this state, regardless of the recipient’s location. line 19 (c) A bondsman or person authorized, pursuant to subdi vision line 20 (a) of Section 1299.02, to apprehend, detain, or arrest a fugiti ve line 21 admitted to bail in another state who takes into custody a fugitive line 22 admitted to bail in another state whose alle ged of fense or line 23 conviction is for the violation of la ws of another state that line 24 authorizes a criminal penalty to an indi vidual performing, line 25 receiving, supporting, or aiding in the performance or receipt of line 26 an abortion, contraception, reproductive care, or gender-affirming line 27 care if the abortion, contraception, reproducti ve care, or line 28 gender-affirming care is la wful under the la ws of this state, line 29 regardless of the recipient’s location, without a magistrate’s order, line 30 is ineligible for a license issued pursuant to Chapter 11.3 line 31 (commencing with Section 7512) of Di vision 3 of the Business line 32 and Professions Code or Section 1800 of the Insurance Code, and line 33 shall forfeit any license already obtained pursuant to those laws. line 34 (d) A person who is tak en into custody by a bail agent in line 35 violation of subdi vision (b) may institute and prosecute a ci vil line 36 action for injunctive, monetary, or other appropriate relief against line 37 the bondsman and bond company within three years after the cause line 38 of action accrues.
line 39 (e) A bondsman or other person who is bail for a fugiti ve line 40 admitted to bail in another state who takes the fugitive into custody, 97 SB 36 — 5 —
line 1 except pursuant to an order issued under this section, is guilty of line 2 a misdemeanor.
line 3 SEC. 3. Section 1299.02 of the Penal Code, as added by Section line 4 21 of Chapter 768 of the Statutes of 2022, is amended to read:
line 5 1299.02. (a) No person, other than a certified law enforcement line 6 officer, shall be authorized to apprehend, detain, or arrest a bail line 7 fugitive unless that person meets one of the following conditions:
line 8 (1) Is a bail as defined in paragraph (2) of subdi vision (a) of line 9 Section 1299.01 who is also a bail fugiti ve reco very agent as line 10 defined in paragraph (4) of subdivision (a) of Section 1299.01. line 11 (2) Is a bail fugitive recovery agent as defined in paragraph (4) line 12 of subdivision (a) of Section 1299.01.
line 13 (3) Is a licensed private investigator as provided in Chapter 11.3 line 14 (commencing with Section 7512) of Di vision 3 of the Business line 15 and Professions Code who is also a bail fugiti ve recovery agent line 16 as defined in paragraph (4) of subdivision (a) of Section 1299.01. line 17 (b) This article shall not prohibit an arrest pursuant to Sections line 18 837, 838, and 839, pro vided that no consideration is paid or line 19 allowed, directly or indirectly , to an y person ef fecting an arrest line 20 pursuant to Sections 837, 838, and 839.
line 21 (c) Individuals who hold a bail license, bail fugiti ve recovery line 22 license, bail enforcer license, bail runner license, or pri vate line 23 investigator license issued by another state shall not apprehend, line 24 detain, or arrest bail fugitives in California, unless that individual line 25 obtains a bail fugiti ve recovery agent license issued in this state line 26 and complies with California law.
line 27 (d) A person authorized, pursuant to subdi vision (a), to line 28 apprehend, detain, or arrest a bail fugiti ve shall not apprehend, line 29 detain, or arrest a bail fugiti ve admitted to bail in another state line 30 whose alleged offense or conviction was for the violation of laws line 31 of another state that authorizes a criminal penalty to an individual line 32 performing, receiving, supporting, or aiding in the performance line 33 or receipt of an abortion, contraception, reproducti ve care, or line 34 gender-affirming care if the abortion, contraception, reproductive line 35 care, or gender-affirming care is lawful under the laws of this state, line 36 regardless of the recipient’s location. A person who violates this line 37 subdivision is guilty of a misdemeanor punishable by a fine of five line 38 thousand dollars ($5,000) or by imprisonment in a county jail not line 39 to e xceed one year , or by both that imprisonment and fine, is line 40 ineligible for a license issued pursuant to Chapter 11.3 97 — 6 — SB 36
line 1 (commencing with Section 7512) of Di vision 3 of the Business line 2 and Professions Code or Section 1800 of the Insurance Code, and line 3 shall forfeit any license already obtained pursuant to those la ws. line 4 A person who is taken into custody by a bail agent in violation of line 5 this subdi vision may institute and prosecute a ci vil action for line 6 injunctive, monetary, or other appropriate relief ag ainst the bail line 7 fugitive recovery agent within three years after the cause of action line 8 accrues.
line 9 (e) This section shall become operative on July 1, 2023. line 10 SEC. 4. Section 1334.2 of the Penal Code is amended to read:
line 11 1334.2. If (a) Except as provided in subdivision (f), if a judge line 12 of a court of record in an y state, which by its la ws provides for line 13 commanding persons within that state to attend and testify in this line 14 state, issues a certificate under the seal of the court that there is a line 15 criminal prosecution pending in the court, or that there is a grand line 16 jury in vestigation, that a person within this state is a material line 17 witness in that prosecution or grand jury in vestigation, and that line 18 his or her their presence will be required for a specified number line 19 of days, then, upon presentation of the certificate to a judge of a line 20 court of record in the county in which the person is, a time and line 21 place for a hearing shall be fix ed by the judge and he or she the line 22 judge shall mak e an order directing the witness to appear at the line 23 hearing.
line 24 If,
line 25 (b) If at the hearing, the judge determines that the witness is line 26 material and necessary, that it will not cause undue hardship to the line 27 witness to be compelled to attend and testify in the prosecution or line 28 grand jury investigation in the other state, and that the laws of the line 29 state in which the prosecution is pending or in which there is a line 30 grand jury investigation will give to the witness protection from line 31 arrest and service of civil and criminal process and will furnish in line 32 advance to the witness the sum of ten cents ($0.10) for each mile line 33 necessarily tra veled if the witness elects surf ace tra vel or the line 34 minimum round trip scheduled airline f are plus twenty cents line 35 ($0.20) a mile for necessary surface travel at either end of the flight line 36 if the witness elects air tra vel, and, e xcept as pro vided in line 37 subdivision (b) of Section 1334.3, a per diem of twenty dollars line 38 ($20) for each day that he or she is they are required to travel and line 39 attend as a witness and that the judge of the court in which the line 40 witness is ordered to appear will order the payment of witness fees 97 SB 36 — 7 —
line 1 authorized by law for each day the witness is required to attend line 2 the court plus reimb ursement for any additional expenses of the line 3 witness which the judge of the court in which the witness is ordered line 4 to appear shall find reasonable and necessary, he or she the judge line 5 shall issue a subpoena, with a cop y of the certificate attached, line 6 directing the witness to attend and testify in the court where the line 7 prosecution is pending, or where the grand jury in vestigation is, line 8 at a time and place specified in the subpoena. In an y of these line 9 hearings the certificate shall be prima f acie evidence of all the line 10 facts stated therein.
line 11 If
line 12 (c) If the certificate recommends that the witness be taken into line 13 immediate custody and deli vered to an officer of the requesting line 14 state to assure his or her the witness’ attendance therein, the judge line 15 may, in lieu of notification of the hearing, direct that the witness line 16 be forthwith brought before him or her the judge for the hearing. line 17 If
line 18 (d) If the judge at the hearing is satisfied of the desirability of line 19 the custody and deli very, for which determination the certificate line 20 shall be prima facie proof of this desirability, he or she the judge line 21 may, in lieu of issuing a subpoena, order that the witness be line 22 forthwith tak en into custody and deli vered to an officer of the line 23 requesting state.
line 24 If
line 25 (e) If the witness, who is subpoenaed as provided in this section, line 26 after being paid or tendered by some properly authorized person line 27 the sum or fare, and per diem set forth in this section, fails without line 28 good cause to attend and testify as directed in the subpoena, he or line 29 she the witness shall be punished in the manner pro vided for the line 30 punishment of any witness who disobeys a subpoena issued from line 31 a court of record in this state.
line 32 (f) A judge shall not issue an order directing a witness to appear line 33 pursuant to this section if the criminal prosecution is based on the line 34 laws of another state that authorizes a criminal penalty to an line 35 individual performing , r eceiving, supporting , or aiding in the line 36 performance or receipt of an abortion, contraception, reproductive line 37 care, or g ender-affirming car e if the abortion, contr aception, line 38 reproductive care, or g ender-affirming care is lawful under the line 39 laws of this state.
97 — 8 — SB 36
line 1 SEC. 4.
line 2 SEC. 5. Title 5.8 (commencing with Section 13790) is added line 3 to Part 4 of the Penal Code, to read:
line 4
line 5 TITLE 5.8. LEGALLY PROTECTED HEALTH CARE
line 6 ACTIVITY
line 7
line 8 13790. Notwithstanding any other law and except as required line 9 by federal law, an officer or employee of a law enforcement agency line 10 of a state or local law enforcement agency, shall not, while acting line 11 in their official capacity, provide information or assistance relating line 12 to an in vestigation or inquiry into services constituting le gally line 13 protected health care activity, including including, but not limited line 14 to, abortion, contraception, reproductive care, and gender-affirming line 15 care, if such services would be lawful if they were provided entirely line 16 in this state to any of the following:
line 17 (a) A federal law enforcement agency.
line 18 (b) A state law enforcement agency.
line 19 (c) A private citizen.
line 20 (d) A bondsman or person authorized, pursuant to subdivision line 21 (a) of Section 1299.02, to apprehend, detain, or arrest a fugiti ve line 22 admitted to bail in another state.
line 23 SEC. 5.
line 24 SEC. 6. Section 11486.5 of the Welfare and Institutions Code line 25 is amended to read:
line 26 11486.5. (a) An individual shall not be eligible for aid under line 27 this chapter if the individual is either:
line 28 (1) Fleeing to avoid prosecution, or custody and confinement line 29 after con viction, under the la ws of the place from which the line 30 individual is fleeing, for a crime or an attempt to commit a crime line 31 that is a felon y under the la ws of the place from which the line 32 individual is fleeing, or which, in the case of the State of Ne w line 33 Jersey, is a high misdemeanor under the laws of that state. For the line 34 purposes of this section, except as provided in subdivision (c), an line 35 individual shall be determined to be fleeing to avoid prosecution, line 36 or custody and confinement after conviction, pursuant to Sections line 37 273.11(n)(1)(ii) and 273.11(n)(2) of Title 7 of the Code of Federal line 38 Regulations.
line 39 (2) Violating a condition of probation or parole imposed under line 40 federal law or the law of any state.
97 SB 36 — 9 —
line 1 (b) Subdivision (a) shall not apply with respect to conduct of line 2 an individual for any month beginning after the President of the line 3 United States grants a pardon with respect to the conduct. line 4 (c) For the purposes of this section, an indi vidual is not line 5 considered fleeing to avoid prosecution if the felony offense with line 6 which the person is char ged or con victed is as a result of line 7 performing, receiving, supporting, or aiding in the performance line 8 or receipt of an abortion, contraception, reproducti ve care, or line 9 gender-affirming care if the abortion, contraception, reproductive line 10 care, or gender-affirming care is lawful under the laws of this state, line 11 regardless of the recipient’s location.
line 12 SEC. 6.
line 13 SEC. 7. Section 18901.33 is added to the Welfare and line 14 Institutions Code, to read:
line 15 18901.33. A person who is fleeing to a void prosecution, or line 16 custody and confinement after conviction, whose alleged offense line 17 or conviction is for the violation of la ws of another state that line 18 authorizes a criminal penalty to an indi vidual performing, line 19 receiving, supporting, or aiding in the performance or receipt of line 20 an abortion, contraception, reproductive care, or gender-affirming line 21 care is eligible for benefits pursuant to this chapter, if the abortion, line 22 contraception, reproductive care, or gender-affirming care is lawful line 23 under the laws of this state, regardless of the recipient’s location. line 24 SEC. 7.
line 25 SEC. 8. No reimbursement is required by this act pursuant to line 26 Section 6 of Article XIIIB of the California Constitution for certain line 27 costs that may be incurred by a local agenc y or school district line 28 because, in that regard, this act creates a new crime or infraction, line 29 eliminates a crime or infraction, or changes the penalty for a crime line 30 or infraction, within the meaning of Section 17556 of the line 31 Government Code, or changes the definition of a crime within the line 32 meaning of Section 6 of Article XIII B of the California line 33 Constitution.
line 34 However, if the Commission on State Mandates determines that line 35 this act contains other costs mandated by the state, reimbursement line 36 to local agencies and school districts for those costs shall be made line 37 pursuant to Part 7 (commencing with Section 17500) of Division line 38 4 of Title 2 of the Government Code.
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97 — 10 — SB 36
AMENDED IN SENATE MAY 18, 2023
AMENDED IN SENATE APRIL 18, 2023
SENATE BILL No. 760
Introduced by Senator Newman
(Coauthors: Senators Atkins, Eggman, Glazer, Laird, Menjivar, and Wiener)
(Coauthors: Assembly Members Jackson, Low, and Zbur)
February 17, 2023
An act to amend Section 35292.5 of the Education Code, relating to school facilities.
legislative counsel’s digest
SB 760, as amended, Newman. School facilities: all-gender restrooms.
Existing la w requires e very restroom of e very public and pri vate school maintaining an y combination of classes from kinder garten to grade 12, inclusi ve, to be maintained and cleaned re gularly, fully operational, and stocked at all times with toilet paper, soap, and paper towels or functional hand dryers, and k ept open during school hours when pupils are not in classes. Existing la w requires that a sufficient number of restrooms be kept open during school hours when pupils are in classes.
This bill would require, on or before July 1, 2025, each school district, county office of education, and charter school, including charter schools operating in a school district f acility, maintaining any combination of classes from kindergarten to grade 12, inclusive, to provide at least one all-gender restroom for v oluntary pupil use at each of its schoolsites.
The bill w ould require the all-gender restroom to meet certain requirements, including, among other things, that it has signage identifying the bathroom f acility as being open to all genders and is
97 unlocked, unobstructed, and easily accessible by an y pupil. The bill would require the local educational agency to designate a staff member to serve as a point of contact for these purposes and to post a notice regarding these requirements in a prominent and conspicuous location outside at least one all-gender restroom. The bill would require these requirements to be subject to compliance re view, as specified. By imposing additional requirements on local educational agencies, the bill w ould impose a state-mandated local program. The bill w ould authorize a local educational agenc y to use an e xisting restroom to satisfy these requirements, as provided. The bill would require the State Department of Education to post on its internet website guidance for implementation of these provisions.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 35292.5 of the Education Code is line 2 amended to read:
line 3 35292.5. (a) Every public and private school maintaining any line 4 combination of classes from kinder garten to grade 12, inclusi ve, line 5 shall comply with all of the following:
line 6 (1) Every restroom shall at all times be maintained and cleaned line 7 regularly, fully operational operational, and stock ed at all times line 8 with toilet paper, soap, and paper towels or functional hand dryers. line 9 (2) The school shall keep all restrooms open during school hours line 10 when pupils are not in classes, and shall keep a sufficient number line 11 of restrooms open during school hours when pupils are in classes. line 12 (b) (1) On or before July 1, 2025, each school district, county line 13 office of education, and charter school, including charter schools line 14 operating in a school district f acility pursuant to Section 47614, line 15 maintaining any combination of classes from kindergarten to grade 97 — 2 — SB 760
line 1 12, inclusi ve, shall comply with the follo wing for each of its line 2 schoolsites:
line 3 (A) Provide at least one all-gender restroom for pupil use that line 4 meets the following requirements:
line 5 (i) Has signage identifying the bathroom facility as being open line 6 to all genders and in conformity with Title 24 of the California line 7 Code of Regulations.
line 8 (ii) Is available for pupil use, consistent with the requirements line 9 of subdivision (a), as unlocked, unobstructed, easily accessible by line 10 any pupil, and consistent with e xisting pupil access to line 11 sex-segregated restrooms.
line 12 (iii) Is consistent with the requirements pursuant to Section line 13 35292.6.
line 14 (iv) Is available during school hours and school functions when line 15 pupils are present.
line 16 (B) Designate a staff member to serve as a point of contact for line 17 implementation of this section.
line 18 (C) Post a notice regarding the requirements of this paragraph line 19 in a prominent and conspicuous location outside at least one line 20 all-gender restroom, including contact information for the person line 21 designated as a point of contact pursuant to subparagraph (B). line 22 (2) A school district, county office of education, or charter line 23 school may use an e xisting restroom to satisfy the requirements line 24 of this subdivision if it otherwise complies with the requirements line 25 in paragraph (1).
line 26 (3) This subdi vision shall be subject to compliance re view line 27 pursuant to Section 253.
line 28 (4) The department shall post on its internet website guidance line 29 for implementation of this subdivision, including, but not limited line 30 to, examples of signage and best practices.
line 31 (5) This subdivision shall not supplant subdivision (f) of Section line 32 221.5. Use of an all-gender restroom by a pupil shall be voluntary line 33 and pupils shall not be required to use an all-gender restroom. line 34 (c) Notwithstanding subdi visions (a) and (b), a school may line 35 temporarily close a restroom as necessary for pupil safety or as line 36 necessary to repair the facility.
line 37 SEC. 2. If the Commission on State Mandates determines that line 38 this act contains costs mandated by the state, reimb ursement to line 39 local agencies and school districts for those costs shall be made 97 SB 760 — 3 —
line 1 pursuant to Part 7 (commencing with Section 17500) of Division line 2 4 of Title 2 of the Government Code.
O
97 — 4 — SB 760
AMENDED IN ASSEMBLY MAY 2, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1078
Introduced by Assembly Member Jackson
(Coauthor: Assembly Member Lee)
February 15, 2023
An act to amend Sections 18111 and Section 60040 of, and to add Sections 33030.5, 51201, and Section 60040.5 to, the Education Code, relating to pupil instruction.
legislative counsel’s digest
AB 1078, as amended, Jackson. Instructional materials: removing instructional materials and curriculum: diversity.
Existing la w prescribes substanti ve requirements and particular processes that the State Board of Education, the Instructional Quality Commission, local educational agencies, and the Superintendent of Public Instruction are required to follo w when adopting or evaluating instructional materials or curriculum frameworks, materials, as defined.
This bill would require the state board to develop, by July 1, 2024, a policy for local educational agencies to follo w before remo ving any instructional materials or ceasing to teach an y curriculum. The bill would require the policy to include, but not be limited to, a requirement that the local educational agency receive approval from the state board before removing any instructional materials or ceasing to teach an y curriculum. Commencing with the 2024–25 school year, the bill would require a local educational agenc y to recei ve approval from the state board and comply with an y other applicable policies adopted by the state board before ceasing to teach an y curriculum or remo ving any instructional materials. By imposing ne w oblig ations on local
98 educational agencies, the bill w ould impose a state-mandated local program.
Existing law requires the state board to adopt standards, rules, and regulations for school library services and authorizes the go verning board of a school district to exclude from schools and school libraries all books, publications, or papers of a sectarian, partisan, or denominational character.
This bill would also require the governing board of a school district to receive approval from the state board and comply with an y other applicable policies adopted by the state board before remo ving any books, publications, or papers from schools and school libraries. By imposing new obligations on school districts, the bill w ould impose a state-mandated local program.
Existing la w requires go verning boards of school districts, when adopting instructional materials for use in the schools, to include materials that accurately portray the cultural and racial diversity of our society, including the contrib utions of both men and w omen and the role and contrib utions of culturally and racially di verse groups, including, among others, Me xican Americans, lesbian, g ay, bisexual, and transgender Americans. Americans, and members of other ethnic and cultural groups. Existing la w requires the state board to comply with those requirements related to the accurate portrayal of cultural and racial di versity when re viewing and adopting or recommending for adoption submitted basic instructional materials. Existing la w also requires the governing board of each school district maintaining one or more high schools to comply with those requirements related to the accurate portrayal of racial and cultural di versity when adopting instructional materials for use in the high schools under its control.
This bill would revise the list of culturally and racially diverse groups to instead include materials that accurately portray the contributions of people of all gender expressions and the role and contributions of Latino Americans, LGBTQ+ Americans. The bill would also require that every instructional material adopted by a governing board include proportional and accurate representation of California’ s diversity in the cate gories of race, gender , socioeconomic status, religion, and se xuality.
Americans, and other religious and socioeconomic status gr oups. By imposing new obligations on local educational agencies, the bill would impose a state-mandated local program. The bill would require the State Department of Education to issue guidance related to how to help school districts, county offices of education, c harter sc hools, and sc hool 98 — 2 — AB 1078
personnel manage conversations about r ace and g ender, and how to review instructional materials to ensur e that the y r epresent diver se perspectives and are culturally relevant.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 18111 of the Education Code is amended line 2 to read:
line 3 18111. (a) The go verning board of a school district may line 4 exclude from schools and school libraries all books, publications, line 5 or papers of a sectarian, partisan, or denominational character. line 6 (b) Commencing with the 2024–25 school year, the governing line 7 board of a school district shall only remo ve books, publications, line 8 or papers from schools and school libraries with appro val from line 9 the state board and in compliance with other procedures developed line 10 by the state board, as described in Section 33030.5. line 11 SEC. 2. Section 33030.5 is added to the Education Code, to line 12 read:
line 13 33030.5. (a) The state board shall, by July 1, 2024, develop a line 14 policy for local educational agencies to follo w before remo ving line 15 any instructional materials or ceasing to teach an y curriculum. line 16 This policy shall include, but not be limited to, a requirement that line 17 the local educational agency receive approval from the state board line 18 before removing any instructional materials or ceasing to teach line 19 any curriculum.
line 20 (b) For purposes of this section, the following definitions apply:
line 21 (1) “Curriculum” means the components of a course of study. line 22 (2) “Instructional materials” has the same meaning as that term line 23 is defined in subdivision (h) of Section 60010. line 24 (3) “Local educational agency” means a school district, county line 25 office of education, or charter school.
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line 1 SEC. 3. Section 51201 is added to the Education Code, to read:
line 2 51201. (a) Commencing with the 2024–25 school year , a line 3 school district, county office of education, or charter school shall line 4 only cease teaching any curriculum with approval from the state line 5 board and in compliance with other procedures developed by the line 6 state board pursuant to Section 33030.5.
line 7 (b) For purposes of this section, “curriculum” means the line 8 components of a course of study.
line 9 SEC. 4.
line 10 SECTION 1. Section 60040 of the Education Code is amended line 11 to read:
line 12 60040. (a) When adopting instructional materials for use in line 13 the schools, go verning boards shall include only instructional line 14 materials that, in their determination, accurately portray the cultural line 15 and racial diversity of our society, including:
line 16 (1)
line 17 (a) The contributions of people of all gender expressions in all line 18 types of roles, including professional, v ocational, and e xecutive line 19 roles.
line 20 (2)
line 21 (b) The role and contrib utions of Nati ve Americans, African line 22 Americans, Mexican Latino Americans, Asian Americans, Pacific line 23 Islanders, European Americans, LQBTQ+ LGBTQ+ Americans, line 24 persons with disabilities, and members of other ethnic and cultural line 25 ethnic, cultural, religious, and socioeconomic status groups to the line 26 total development of California and the United States. line 27 (3)
line 28 (c) The role and contributions of the entrepreneur and labor in line 29 the total development of California and the United States. line 30 (b) Every instructional material adopted by a go verning board line 31 shall include proportional and accurate representation of line 32 California’s diversity in the following categories:
line 33 (1) Race.
line 34 (2) Gender.
line 35 (3) Socioeconomic status.
line 36 (4) Religion.
line 37 (5) Sexuality.
line 38 SEC. 5. Section 60040.5 is added to the Education Code, to line 39 read:
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line 1 60040.5. Commencing with the 2024–25 school year, a school line 2 district, county office of education, or charter school shall only line 3 remove instructional materials with approval from the state board line 4 and in compliance with other procedures de veloped by the state line 5 board pursuant to Section 33030.5.
line 6 SEC. 2. Section 60040.5 is added to the Education Code, to line 7 read:
line 8 60040.5. The department shall issue guidance related to how line 9 to help school districts, county offices of education, charter schools, line 10 and sc hool per sonnel mana ge con versations about r ace and line 11 gender, and how to r eview instructional materials to ensur e that line 12 they represent diverse perspectives and are culturally relevant. line 13 SEC. 6.
line 14 SEC. 3. If the Commission on State Mandates determines that line 15 this act contains costs mandated by the state, reimb ursement to line 16 local agencies and school districts for those costs shall be made line 17 pursuant to Part 7 (commencing with Section 17500) of Division line 18 4 of Title 2 of the Government Code.
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