BILL NUMBER: AB 137 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member DeVore
(Coauthor: Assembly Member Duvall)
JANUARY 16, 2007
An act to repeal and add Sections 38136, 44932, 44939, 45303,
51530, and 88122 of the Education Code, and to repeal and add
Sections 1027.5, 1028, and 1028.1 of the Government Code, relating to
terrorist organizations.
LEGISLATIVE COUNSEL'S DIGEST
AB 137, as introduced, DeVore. Terrorist organizations.
(1) The Civic Center Act requires the governing body of a school
district to grant the use of school property, when an alternative
location is not available, to nonprofit organizations, and clubs or
associations organized to promote youth and school activities.
This bill would additionally require a person who intends to use
school property on behalf of an organization to deliver a statement,
signed under penalty of perjury, that the organization is not an
extremist terror network, as defined. By increasing the duties of
local school officials, this bill would impose a state-mandated local
program. In addition, by expanding the definition of existing
crimes, this bill would impose a state-mandated local program. The
bill would delete obsolete provisions regarding a Communist action
organization or Communist front organization required to be
registered with the Attorney General of the United States.
(2) Under existing law, a permanent or classified school employee,
or a classified community college employee may be dismissed from
employment for specified causes, including, but not limited to,
commission of a felony.
This bill would additionally provide that a permanent or
classified school employee, or a classified community college
employee who is a knowing member or financial supporter of an
extremist terror network, as defined, may be dismissed from his or
her employment. The bill would delete obsolete provisions regarding
knowing membership in the Communist Party.
(3) Existing law prohibits a teacher from giving instruction and
prohibits a school district from sponsoring any activity that
reflects adversely upon a person because of his or her race, sex,
color, creed, handicap, national origin, or ancestry.
This bill would additionally prohibit a teacher from giving
instruction in a school or on property belonging to an agency
included in the public school system from teaching untruths about
extremist terror networks, as defined. The bill would delete obsolete
provisions regarding communism.
(4) Under existing law, a public employee may be dismissed if he
or she advocates or is knowingly a member of an organization which
during the time of his or her membership the employee knows advocates
overthrow of the Government of the United States or of any state by
force or violence. Under existing law, a public employee is required
to answer, under oath, specified questions, including, but not
limited to, knowing membership in an organization advocating the
forceful or violent overthrow of the Government of the United States
or of any state.
This bill would additionally provide that a public employee may be
dismissed if he or she advocates or is knowingly a member of an
extremist terror network, as defined, or a financial supporter of an
extremist terror network. The bill would require a public employee to
answer, under oath, specified questions, including, but not limited
to, knowing membership in, or financial support of, an extremist
terror network. The bill would delete obsolete provisions regarding
knowing membership in the Communist Party.
(5) The California Constitution requires the state to reimburse
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 with regard 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 38136 of the Education Code is repealed.
38136. No governing board of a school district shall grant the
use of any school property to any person or organization for any use
in violation of Section 38135.
For the purpose of determining whether or not any individual,
society, group, or organization applying for the use of the school
property intends to violate Section 38135, the governing board shall
require the making and delivery to the governing board, by the
applicant of a written statement of information in the following
form:
STATEMENT OF INFORMATION
The undersigned states that, to the best of his or her knowledge,
the school property for use of which application is hereby made will
not be used for the commission of any act intended to further any
program or movement the purpose of which is to accomplish the
overthrow of the government of the United States by force, violence
or other unlawful means;
That ____, the organization on whose behalf he or she is making
application for use of school property, does not, to the best of his
or her knowledge, advocate the overthrow of the government of the
United States or of the State of California by force, violence, or
other unlawful means, and that, to the best of his or her knowledge,
it is not a Communist action organization or Communist front
organization required by law to be registered with the Attorney
General of the United States. This statement is made under the
penalties of perjury.
__________________________
(Signature)
The school board may require the furnishing of additional
information as it deems necessary to make the determination that the
use of school property for which application is made would not
violate Section 38135.
Any person applying for the use of school property on behalf of
any society, group, or organization shall be a member of the
applicant group and, unless he or she is an officer of the group,
must present written authorization from the applicant group to make
the application.
The governing board of any school district may, in its discretion,
consider any statement of information or written authorization made
pursuant to the requirements of this section as being continuing in
effect for the purposes of this section for the period of one year
from the date of the statement of information or written
authorization.
SEC. 2. Section 38136 is added to the Education Code, to read:
38136. (a) A governing board of a school district may not grant
the use of any school property to any person or organization for any
use in violation of Section 38135.
(b) For the purpose of determining whether or not any individual,
society, group, or organization applying for the use of the school
property intends to violate Section 38135, the governing board shall
require the making and delivery to the governing board, by the
applicant of a written statement of information in the following
form:
STATEMENT OF INFORMATION
The undersigned states that, to the best of his or her knowledge,
the school property for use of which application is hereby made will
not be used for the commission of any act intended to further any
program or movement the purpose of which is to accomplish the
overthrow of the government of the United States by force, violence,
or other unlawful means;
That ____, the organization on whose behalf he or she is making
application for use of school property, does not, to the best of his
or her knowledge, advocate the overthrow of the government of the
United States or of the State of California by force, violence, or
other unlawful means, and that, to the best of his or her knowledge,
it is not an extremist terror network as defined in subdivision (b)
of Section 1028 of the Government Code. This statement is made under
the penalty of perjury.
__________________________
(Signature)
(c) The school board may require the furnishing of additional
information as it deems necessary to make the determination that the
use of school property for which application is made would not
violate Section 38135.
(d) Any person applying for the use of school property on behalf
of any society, group, or organization shall be a member of the
applicant group and, unless he or she is an officer of the group,
shall present written authorization from the applicant group to make
the application.
(e) The governing board of any school district may, in its
discretion, consider any statement of information or written
authorization made pursuant to the requirements of this section as
being continuing in effect for the purposes of this section for the
period of one year from the date of the statement of information or
written authorization.
SEC. 3. Section 44932 of the Education Code is repealed.
44932. (a) No permanent employee shall be dismissed except for
one or more of the following causes:
(1) Immoral or unprofessional conduct.
(2) Commission, aiding, or advocating the commission of acts of
criminal syndicalism, as prohibited by Chapter 188 of the Statutes of
1919, or in any amendment thereof.
(3) Dishonesty.
(4) Unsatisfactory performance.
(5) Evident unfitness for service.
(6) Physical or mental condition unfitting him or her to instruct
or associate with children.
(7) Persistent violation of or refusal to obey the school laws of
the state or reasonable regulations prescribed for the government of
the public schools by the State Board of Education or by the
governing board of the school district employing him or her.
(8) Conviction of a felony or of any crime involving moral
turpitude.
(9) Violation of Section 51530 or conduct specified in Section
1028 of the Government Code, added by Chapter 1418 of the Statutes of
1947.
(10) Knowing membership by the employee in the Communist Party.
(11) Alcoholism or other drug abuse which makes the employee unfit
to instruct or associate with children.
(b) The governing board of a school district may suspend without
pay for a specific period of time on grounds of unprofessional
conduct a permanent certificated employee or, in a school district
with an average daily attendance of less than 250 pupils, a
probationary employee, pursuant to the procedures specified in
Sections 44933, 44934, 44935, 44936, 44937, 44943, and 44944. This
authorization shall not apply to any school district which has
adopted a collective bargaining agreement pursuant to subdivision (b)
of Section 3543.2 of the Government Code.
SEC. 4. Section 44932 is added to the Education Code, to read:
44932. (a) A permanent employee may not be dismissed except for
one or more of the following causes:
(1) Immoral or unprofessional conduct.
(2) Commission, aiding, or advocating the commission of acts of
criminal syndicalism, as prohibited by Chapter 188 of the Statutes of
1919, or in any amendment thereof.
(3) Dishonesty.
(4) Unsatisfactory performance.
(5) Evident unfitness for service.
(6) Physical or mental condition unfitting him or her to instruct
or associate with children.
(7) Persistent violation of or refusal to obey the school laws of
the state or reasonable regulations prescribed for the governance of
the public schools by the State Board of Education or by the
governing board of the school district employing him or her.
(8) Conviction of a felony or of any crime involving moral
turpitude.
(9) Violation of Section 51530 or conduct specified in Section
1028 of the Government Code.
(10) Knowing membership by the employee in an extremist terror
network as defined in subdivision (b) of Section 1028 of the
Government Code.
(11) Alcoholism or other drug abuse which makes the employee unfit
to instruct or associate with children.
(b) The governing board of a school district may suspend without
pay for a specific period of time on grounds of unprofessional
conduct a permanent certificated employee or, in a school district
with an average daily attendance of less than 250 pupils, a
probationary employee, pursuant to the procedures specified in
Sections 44933, 44934, 44935, 44936, 44937, 44943, and 44944. This
authorization shall not apply to any school district that has adopted
a collective bargaining agreement pursuant to subdivision (b) of
Section 3543.2 of the Government Code.
SEC. 5. Section 44939 of the Education Code is repealed.
44939. Upon the filing of written charges, duly signed and
verified by the person filing them with the governing board of a
school district, or upon a written statement of charges formulated by
the governing board, charging a permanent employee of the district
with immoral conduct, conviction of a felony or of any crime
involving moral turpitude, with incompetency due to mental
disability, with willful refusal to perform regular assignments
without reasonable cause, as prescribed by reasonable rules and
regulations of the employing school district, with violation of
Section 51530, with knowing membership by the employee in the
Communist Party or with violation of any provision in Sections 7001
to 7007, inclusive, the governing board may, if it deems such action
necessary, immediately suspend the employee from his duties and give
notice to him of his suspension, and that 30 days after service of
the notice, he will be dismissed, unless he demands a hearing.
If the permanent employee is suspended upon charges of knowing
membership by the employee in the Communist Party or for any
violation of Section 7001, 7002, 7003, 7006, 7007, or 51530, he may
within 10 days after service upon him of notice of such suspension
file with the governing board a verified denial, in writing, of the
charges. In such event the permanent employee who demands a hearing
within the 30-day period shall continue to be paid his regular salary
during the period of suspension and until the entry of the decision
of the Commission on Professional Competence, if and during such time
as he furnishes to the school district a suitable bond, or other
security acceptable to the governing board, as a guarantee that the
employee will repay to the school district the amount of salary so
paid to him during the period of suspension in case the decision of
the Commission on Professional Competence is that he shall be
dismissed. If it is determined that the employee may not be
dismissed, the school board shall reimburse the employee for the cost
of the bond.
SEC. 6. Section 44939 is added to the Education Code, to read:
44939. (a) Upon the filing of written charges, duly signed and
verified by the person filing them with the governing board of a
school district, or upon a written statement of charges formulated by
the governing board, charging a permanent employee of the district
with immoral conduct, conviction of a felony or of any crime
involving moral turpitude, with incompetency due to mental
disability, with willful refusal to perform regular assignments
without reasonable cause, as prescribed by reasonable rules and
regulations of the employing school district, with violation of
Section 51530, or with knowing membership by the employee in an
extremist terror network as defined in Section 1028 of the Government
Code, the governing board may, if it deems action necessary,
immediately suspend the employee from his or her duties and give
notice to him or her of his or her suspension, and that 30 days after
service of the notice, he or she will be dismissed, unless he or she
demands a hearing.
(b) If the permanent employee is suspended upon charges of knowing
membership by the employee in an extremist terror network as defined
in Section 1028 of the Government Code, or for any violation of
Section 51530, he or she may, within 10 days after service upon him
or her of notice of that suspension, file with the governing board a
verified denial, in writing, of the charges. A permanent employee who
demands a hearing within the 30-day period shall continue to be paid
his or her regular salary during the period of suspension and until
the entry of the decision of the Commission on Professional
Competence, if and during that time as he or she furnishes to the
school district a suitable bond, or other security acceptable to the
governing board, as a guarantee that the employee will repay to the
school district the amount of salary so paid to him or her during the
period of suspension in case the decision of the Commission on
Professional Competence is that he or she shall be dismissed. If it
is determined that the employee may not be dismissed, the school
board shall reimburse the employee for the cost of the bond.
SEC. 7. Section 45303 of the Education Code is repealed.
45303. In addition to any causes for suspension or dismissal
which are designated by rule of the commission, employees in the
classified service shall be suspended and dismissed in the manner
provided by law for any one or more of the following causes:
(a) Knowing membership by the employee in the Communist Party.
(b) Conduct specified in Section 1028 of the Government Code.
SEC. 8. Section 45303 is added to the Education Code, to read:
45303. In addition to any causes for suspension or dismissal
which are designated by rule of the commission, employees in the
classified service shall be suspended and dismissed in the manner
provided by law for conduct specified in Section 1028 of the
Government Code.
SEC. 9. Section 51530 of the Education Code is repealed.
51530. No teacher giving instruction in any school, or on any
property belonging to any agencies included in the public school
system, shall advocate or teach communism with the intent to
indoctrinate or to inculcate in the mind of any pupil a preference
for communism.
In prohibiting the advocacy or teaching of communism with the
intent of indoctrinating or inculcating a preference in the mind of
any pupil for such doctrine, the Legislature does not intend to
prevent the teaching of the facts about communism. Rather, the
Legislature intends to prevent the advocacy of, or inculcation and
indoctrination into, communism as is hereinafter defined, for the
purpose of undermining patriotism for, and the belief in, the
government of the United States and of this state.
For the purposes of this section, communism is a political theory
that the presently existing form of government of the United States
or of this state should be changed, by force, violence, or other
unconstitutional means, to a totalitarian dictatorship which is based
on the principles of communism as expounded by Marx, Lenin, and
Stalin.
SEC. 10. Section 51530 is added to the Education Code, to read:
51530. (a) A teacher giving instruction in a school, or on
property belonging to an agency included in the public school system,
may not teach untruths to advance the objectives of an extremist
terror network as defined in subdivision (b) of Section 1028 of the
Government Code.
(b) In prohibiting the teaching of untruths to advance the
objective of an extremist terror network, the Legislature does not
intend to prevent the teaching of the facts about extremist terror
networks.
SEC. 11. Section 88122 of the Education Code is repealed.
88122. In addition to any causes for suspension or dismissal
which are designated by rule of the commission, employees in the
classified service shall be suspended and dismissed in the manner
provided by law for any one or more of the following causes:
(a) Knowing membership by the employee in the Communist Party.
(b) Conduct specified in Section 1028 of the Government Code.
SEC. 12. Section 88122 is added to the Education Code, to read:
88122. In addition to any causes for suspension or dismissal
which are designated by rule of the commission, employees in the
classified service shall be suspended and dismissed in the manner
provided by law for conduct specified in Section 1028 of the
Government Code.
SEC. 13. Section 1027.5 of the Government Code is repealed.
1027.5. The Legislature of the State of California finds that:
(a) There exists a world-wide revolutionary movement to establish
a totalitarian dictatorship based upon force and violence rather than
upon law.
(b) This world-wide revolutionary movement is predicated upon and
it is designed and intended to carry into execution the basic
precepts of communism as expounded by Marx, Lenin, and Stalin.
(c) Pursuant to the objectives of the world communism movement, in
numerous foreign countries the legally constituted governments have
been overthrown and totalitarian dictatorships established therein
against the will of the people, and the establishment of similar
dictatorships in other countries is imminently threatening. The
successful establishment of totalitarian dictatorships has
consistently been aided, accompanied, or accomplished by repeated
acts of treachery, deceit, teaching of false doctrines, teaching
untruth, together with organized confusion, insubordination, and
disloyalty, fostered, directed, instigated, or employed by communist
organizations and their members in such countries.
(d) Within the boundaries of the State of California there are
active disciplined communist organizations presently functioning for
the primary purpose of advancing the objectives of the world
communism movement, which organizations promulgate, advocate, and
adhere to the precepts and the principles and doctrines of the world
communism movement. These communist organizations are characterized
by identification of their programs, policies, and objectives with
those of the world communism movement, and they regularly and
consistently cooperate with and endeavor to carry into execution
programs, policies and objectives substantially identical to
programs, policies, and objectives of such world communism movement.
(e) One of the objectives of the world communism movement is to
place its members in state and local government positions and in
state supported educational institutions. If this objective is
successful, propaganda can be disseminated by the members of these
organizations among pupils and students by those members who would
have the opportunity to teach them and to whom, as teachers, they
would look for guidance, authority, and leadership. The members of
such groups would use their positions to advocate and teach their
doctrines and teach the prescribed Communist Party line group dogma
or doctrine without regard to truth or free inquiry. This type of
propaganda is sufficiently subtle to escape detection.
There is a clear and present danger, which the Legislature of the
State of California finds is great and imminent, that in order to
advance the program, policies and objectives of the world communism
movement, communist organizations in the State of California and
their members will engage in concerted effort to hamper, restrict,
interfere with, impede, or nullify the efforts of the State and the
public agencies of the State to comply with and enforce the laws of
the State of California and their members will infiltrate and seek
employment by the State and its public agencies.
SEC. 14. Section 1027.5 is added to the Government Code, to read:
1027.5. The Legislature finds and declares all of the following:
(a) There exist several worldwide extremist terror networks, many
of them confederated, that use terrorism, subversion, sabotage,
weapons of mass destruction, and open warfare as a method to carry
out a globalized insurgency with the aim of overthrowing the existing
world order and replacing it with a reactionary, authoritarian,
transnational entity based upon force, violence, and the subjugation
of women and religious minorities, rather than upon the impartial
rule of law.
(b) These extremist terror networks are defined by the United
States Department of State pursuant to Section 2656f of Title 22 of
the United States Code, and the Department of State is required to
file an annual report to Congress on terrorism. That annual report
designates a list of foreign terrorist organizations followed by a
list of other selected terrorist groups deemed of relevance in the
global war on terrorism. That annual report includes, but is not
limited to, information on terrorist groups and umbrella groups under
which a terrorist group falls, regarding all of the following:
(1) Whether the terrorist group or umbrella group is responsible
for the kidnapping or death of any citizen of the United States
during the preceding five years.
(2) Any groups known to be financed by state sponsors of terrorism
that reported to Congress in the preceding year pursuant to Section
6(j) of the United States Export Administration Act.
(3) Any other known international terrorist group that the
Secretary of State determines should be the subject of that annual
report.
(c) These extremist terror networks seek to overthrow the legally
constituted governments in numerous foreign countries through
terrorism, subversion, sabotage, and open warfare in those nations
and across the globe, including, but not limited to, the United
States. These extremist terror networks use a variety of methods to
cloak their activities, including, but not limited to, acts of
treachery, deceit, teaching untruth, together with organized
confusion, insubordination, and disloyalty.
(d) Within the boundaries of this state, extremist terror networks
conduct support operations to raise money for terror operations
while also seeking to carry out direct attacks in this state and in
the United States at large.
(e) One of the objectives of these extremist terror networks is to
place its members or sympathizers in state and local government
positions and in state supported educational institutions to enhance
their ability to raise money, carry out attacks, and teach untruth.
(f) The Legislature finds there is a clear and present danger that
extremist terror networks will seek employment with this state and
its public agencies to hamper, restrict, interfere with, impede, or
nullify the efforts of the state and the public agencies of this
state to comply with and enforce the laws of this state, to seek to
inflict great harm on the citizens of this state, to raise money to
support global terrorist operations, and to spread deceit and teach
untruth.
SEC. 15. Section 1028 of the Government Code is repealed.
1028. It shall be sufficient cause for the dismissal of any
public employee when such public employee advocates or is knowingly a
member of the Communist Party or of an organization which during the
time of his membership he knows advocates overthrow of the
Government of the United States or of any state by force or violence.
SEC. 16. Section 1028 is added to the Government Code, to read:
1028. (a) It shall be sufficient cause for the dismissal of any
public employee when that public employee advocates, or is knowingly
a member of an organization which during the time of his or her
membership he or she knows advocates, overthrow of the Government of
the United States or of any state by force or violence, or he or she
is knowingly a member or financial supporter of an extremist terror
network.
(b) For purposes of this section, "extremist terror network" means
any of the following:
(1) A group or organization designated as a foreign terrorist
organization by the United States Department of State.
(2) A group or organization identified in the annual report of the
United States Department of State that is filed with Congress
pursuant to Section 2656f of Title 22 of the United States Code.
SEC. 17. Section 1028.1 of the Government Code is repealed.
1028.1. It shall be the duty of any public employee who may be
subpenaed or ordered by the governing body of the state or local
agency by which such employee is employed, to appear before such
governing body, or a committee or subcommittee thereof, or by a duly
authorized committee of the Congress of the United States or of the
Legislature of this State, or any subcommittee of any such committee,
to appear before such committee or subcommittee, and to answer under
oath a question or questions propounded by such governing body,
committee or subcommittee, or a member or counsel thereof, relating
to:
(a) Present personal advocacy by the employee of the forceful or
violent overthrow of the Government of the United States or of any
state.
(b) Present knowing membership in any organization now advocating
the forceful or violent overthrow of the Government of the United
States or of any state.
(c) Past knowing membership at any time since October 3, 1945, in
any organization which, to the knowledge of such employee,
during the time of the employee'
s membership advocated the forceful or violent overthrow of the
Government of the United States or of any state.
(d) Questions as to present knowing membership of such employee in
the Communist Party or as to past knowing membership in the
Communist Party at any time since October 3, 1945.
(e) Present personal advocacy by the employee of the support of a
foreign government against the United States in the event of
hostilities between said foreign government and the United States.
Any employee who fails or refuses to appear or to answer under
oath on any ground whatsoever any such questions so propounded shall
be guilty of insubordination and guilty of violating this section and
shall be suspended and dismissed from his employment in the manner
provided by law.
SEC. 18. Section 1028.1 is added to the Government Code, to read:
1028.1. (a) It shall be the duty of any public employee who may
be subpoenaed or ordered by the governing body of the state or local
agency by which that employee is employed, to appear before the
governing body, or a committee or subcommittee of the governing body,
or by a duly authorized committee of the Congress of the United
States or of the Legislature of this state, or any subcommittee of
that committee, to appear before the committee or subcommittee, and
to answer under oath a question or questions propounded by the
governing body, committee or subcommittee, or a member or counsel of
the governing body, committee, or subcommittee, relating to any of
the following:
(1) Present personal advocacy by the employee of the forceful or
violent overthrow of the Government of the United States or of any
state.
(2) Present knowing membership in any organization now advocating
the forceful or violent overthrow of the Government of the United
States or of any state.
(3) Past knowing membership at any time in any organization which,
to the knowledge of the employee, during the time of the employee's
membership advocated the forceful or violent overthrow of the
Government of the United States or of any state.
(4) Present personal advocacy by the employee of the support of a
foreign government or extremist terror network against the United
States in the event of hostilities between that foreign government or
extremist terror network and the United States.
(5) Present knowing membership or financial support of an
extremist terror network.
(b) Any employee who fails or refuses to appear or to answer under
oath on any ground whatsoever any questions propounded pursuant to
this section shall be guilty of insubordination and guilty of
violating this section and shall be suspended and dismissed from his
or her employment in the manner provided by law.
(c) For purposes of this section, "extremist terror network" means
an extremist terror network as defined in subdivision (b) of Section
1028.
SEC. 19. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.