BILL NUMBER: SB 1322	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lowenthal

                        FEBRUARY 20, 2008

   An act to amend Sections 38135, 44932, 44939, 45303, and 88122 of,
and to repeal Sections 38136 and 51530 of, the Education Code, and
to amend Section 1028 of, and to repeal Sections 1027.5 and 1028.1
of, the Government Code, relating to communism.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1322, as introduced, Lowenthal. Communism.
   (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.
Existing law also prohibits an individual, society, group, or
organization from using school property for the commission of any act
intended to further a program or movement the purpose of which is to
accomplish the overthrow of the government of the United States or
of the state by force, violence, or other unlawful means.
   This bill would permit the school board to require the furnishing
of information as it deems necessary to determine that the use of
school property for which application is made would not violate that
provision. This bill would also delete provisions regarding 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 a Communist action organization or Communist
front organization required to be registered with the Attorney
General of the United States or does not, to the best of that person'
s knowledge, advocate the overthrow of the government of the United
States or of the State of California by force, violence, or other
unlawful means.
   (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 delete provisions that a permanent or classified
school employee, or a classified community college employee may be
dismissed from employment if he or she is a knowing member of 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 delete provisions that prohibit a teacher giving
instruction in a school or on property belonging to an agency
included in the public school system from teaching communism with the
intent to indoctrinate or to inculcate in the mind of any pupil a
preference for communism. The bill would also delete provisions that
a teacher may be dismissed from employment if he or she teaches
communism in that way.
   (4) 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 delete these provisions. The bill would also
delete related findings and declarations by the Legislature regarding
communism and the Communist Party.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 38135 of the Education Code is amended to read:

   38135.  Any use, by any individual, society, group, or
organization 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 or of the state by
force, violence, or other unlawful means shall not be permitted or
suffered.
   Any individual, society, group, or organization which commits any
act intended to further any program or movement the purpose of which
is to accomplish the overthrow of the government by force, violence,
or other unlawful means while using school property pursuant to the
provisions of this chapter is guilty of a misdemeanor. 
   The school board may require the furnishing of information as it
deems necessary to make the determination that the use of school
property for which application is made would not violate this
section. 
  SEC. 2.  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. 3.  Section 44932 of the Education Code is amended to read:
   44932.  (a)  No   A  permanent employee
shall  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 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  
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) 
    (10)    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 44939 of the Education Code is amended 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, 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  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. 
   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 
    (b)    If a permanent employee 
demands a hearing within the 30-day period  ,   he or
she  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
 such   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. 5.  Section 45303 of the Education Code is amended 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  any one or more of the following causes:
 
   (a) Knowing membership by the employee in the Communist Party.

    (b)     Conduct
  conduct  specified in Section 1028 of the
Government Code.
  SEC. 6.  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. 7.  Section 88122 of the Education Code is amended 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  any one or more of the following causes:
 
   (a) Knowing membership by the employee in the Communist Party.

    (b)     Conduct
  conduct    specified in Section 1028 of
the Government Code.
  SEC. 8.  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. 9.  Section 1028 of the Government Code is amended to read:
   1028.  It shall be sufficient cause for the dismissal of any
public employee when  such   that  public
employee advocates or is knowingly a member  of the Communist
Party or  of an organization which during the time of his
 or her  membership he  or she  knows advocates
overthrow of the  Government   government 
of the United States or of any state by force or violence.
  SEC. 10.  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.