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State Legislative Preview: Beyond the Budget
Though battles over the budget and fiscal policy will overshadow nearly everything else at the state level, the ACLU anticipates engaging its members in a number of critical, non-budgetary issues.
The results of California's November 2004 election will define some of the battles, with Governor Schwarzenegger's willingness to find common ground with progressives a determining factor in many of these efforts.
State Legislation
AB 19 – The Religious Freedom and Civil Marriage Protection Act (Leno). AB 19 is Assemblymember Mark Leno's (D-San Francisco) second attempt to move forward on marriage equality. Last year's effort ran into election year trouble after success in its first committee, but Leno garnered a commitment from Speaker Fabian Nuñez to back the bill in 2005. Nuñez has done exactly that, signing on as co-author and as a sponsor, strongly signaling his intent to see the bill move forward.
AB 50 – Three Strikes Reform (Leno). Another Leno effort, this one to reform California's Three Strikes law, faces the obvious challenge of picking up the pieces in the face of the devastating, last-minute publicity blitz that outgunned proponents and turned around public opinion on Proposition 66. Leno is reaching out to the more moderate district attorneys in Los Angeles, San Francisco, and elsewhere. He hopes to bring them to the table with a Three Strikes reform coalition that includes FACTS (Families to Amend California's Three Strikes), the ACLU affiliates of California, Drug Policy Alliance, and other Prop. 66 backers. Negotiations are ongoing.
Health care. Budget battles over the redesign of the MediCal program, centering on a series of proposed measures to slash benefits, will be a central concern for health advocates. The long-term campaign advocating universal coverage for children, led by Children Now, the Children's Defense Fund, and Children First, is another key effort.
The narrow defeat of Proposition 72, which would have secured employment-based health insurance, raises strong questions about what's possible, according to health advocates in Sacramento. A proposal similar to Prop. 72 has yet to emerge. State Sen. Sheila Kuehl (D-Santa Monica) has reintroduced her ambitious system overhaul, the "California Health Insurance Reliability Act (CHIRA)," which will create a public health insurance system to cover all Californians. Also returning is SB 24 (Ortiz), an attempt to stop hospitals from overcharging uninsured patients that was vetoed last year. Advocates are in search of a strategy to strengthen its chances this session.
Reform of the Youth Authority (Romero). Still unnumbered, a bill to overhaul California Youth Authority's outdated, prison-like approach to youth rehabilitation and corrections has been introduced. With recent signals from the governor that he supports reforms, as well as a recently settled lawsuit against CYA, advocates believe the time is ripe to push for substantive overhaul.
Other issues. The next session of the legislature will feature other issues of interest to the civil rights and civil liberties community:
· A right-to-die bill, modeled on Oregon's statute.
· Privacy rights bills related to Radio Frequency Identification Devices (RFIDs), seemingly innocuous tags used in everything from anti-theft systems and identification badges to tracking pets and shipped goods.
· A resolution opposing the USA PATRIOT Act.
· Another immigrant driver's license bill.
· A bill eliminating the sentencing disparity between crack and powder cocaine.
· A bill to limit parole time for nonviolent offenders and use the savings for re-entry support programs.
· A bill to remove the exclusion of drug felons from receiving Temporary Assistance for Needy Families (TANF).
FEBRUARY 2005
Download Issue as PDF
Governor Proposes Budget with Deep Cuts, Harsh Real-Life Consequences
High School Students Fight Back Against Hate
LAPD Officer Shoots and Kills Youth in South Los Angeles
California Expands Domestic Partnership Rights
Civil Rights & International Human Rights Advocate to Lead ACLU/SC
State Legislative Preview: Beyond the Budget
ACLU Takes Aggressive Stance on Torture and Detentions
