BILL NUMBER: SB 1322	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 7, 2008
	AMENDED IN SENATE  MARCH 24, 2008

INTRODUCED BY   Senator Lowenthal

                        FEBRUARY 20, 2008

   An act to amend Sections 38135, 44932, 44939, 45303, and 88122 of,
and to repeal Section 38136 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 amended, 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. 
That act also contains other provisions that 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 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. These other provisions have been declared
unconstitutional. 
   This bill would delete those unconstitutional provisions. 

   Existing 
    (2)     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  , in addition,  permit the school board
to require the furnishing of information as it deems  reasonably
 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 that 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 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) 
    (3)  Under existing law, a permanent or classified
school employee, or a classified community college employee may be
 suspended or  dismissed from employment for specified
causes, including, but not limited to,  commission of a
felony   knowing membership in the Communist party 
.
   This bill would delete provisions that a permanent or classified
school employee, or a classified community college employee may be
 suspended or  dismissed from employment if he or she is a
knowing member of the Communist Party. 
   (3) 
    (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.  The Legislature hereby finds and declares the
following:
   (a) From 1946 to 1991, the United States of America was locked in
a precarious and potentially deadly "Cold War" with the Soviet Union.

   (b) At the height of the Cold War, California responded to the
perceived threat of a communist takeover and enacted a number of
statutes subjecting members of the Communist Party, or others who
refused to testify against themselves under oath, to termination of
employment.
   (c) Though communists who attempted to harm the United States and
collude with her enemies during the Cold War were prosecuted for
their actions, many innocent persons suffered due to nothing more
than their personal political convictions or relationships.
   (d) Although the Cold War is long over and the threat of a
communist takeover of the state or federal government no longer
exists, these statutes remain current law.
   (e) The United States Constitution and longstanding tradition
guarantee all Americans the right to freely associate with others of
similar beliefs no matter how unpopular those beliefs might be.
   (f) These statutes are inconsistent with constitutional
protections of free speech, political affiliation, and the right to
remain silent.
   (g) While this act repeals statutes that subject persons to
termination based on their affiliation with a political party, the
act maintains existing laws that allow for termination of an employee
who is knowingly a member of an organization that advocates the
overthrow of the state or federal government by force or violence.
  SEC. 2.  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  reasonably  necessary to make the determination that
the use of school property for which application is made would not
violate this section.
  SEC. 3.  Section 38136 of the Education Code is repealed.
  SEC. 4.  Section 44932 of the Education Code is amended to read:
   44932.  (a) 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 specified in Section
1028 of the Government Code.
   (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. 5.  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, or with violation of
Section 51530, 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 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 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. 6.  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 conduct specified in Section 1028 of the
Government Code.
  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 conduct specified in Section 1028 of the
Government Code.
  SEC. 8.  Section 1027.5 of the Government Code is repealed.
  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 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.
  SEC. 10.  Section 1028.1 of the Government Code is repealed.