BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1322|
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UNFINISHED BUSINESS
Bill No: SB 1322
Author: Lowenthal (D)
Amended: 6/10/08
Vote: 21
SENATE EDUCATION COMMITTEE : 5-3, 4/2/08
AYES: Scott, Alquist, Romero, Simitian, Torlakson
NOES: Wyland, Denham, Maldonado
NO VOTE RECORDED: Padilla
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 24-16, 5/15/08
AYES: Alquist, Calderon, Cedillo, Corbett, Ducheny,
Florez, Kehoe, Kuehl, Lowenthal, Machado, Migden, Negrete
McLeod, Oropeza, Padilla, Perata, Ridley-Thomas, Romero,
Scott, Simitian, Steinberg, Torlakson, Vincent, Wiggins,
Yee
NOES: Aanestad, Ackerman, Ashburn, Battin, Cogdill,
Correa, Cox, Denham, Dutton, Harman, Hollingsworth,
Maldonado, Margett, McClintock, Runner, Wyland
ASSEMBLY FLOOR : Not available
SUBJECT : Public employment and property
SOURCE : Author
DIGEST : This bill deletes various references in statute
to communism: (a) as cause for dismissal of school,
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community college and public employees, and (b) relative to
the use of school property.
Assembly amendments clarify that public employees
(excluding elected or appointed officials) or applicants
seeking public employment shall be permitted to decline to
take and subscribe to the oath required under the stae
constitution due to religious beliefs that conflict with
his/her ability to take the oath without reservation,
provided that he/she is willing and able to uphold the U.S.
and state constitutions, as specified.
ANALYSIS : Current law provides causes for the suspension
or for the dismissal of school employees. Included among
those causes is knowing membership in the Communist Party.
The Civic Center Act permits private groups to use school
facilities or grounds and requires schools to verify that
school property will not be used in violation of the Act,
including that the applicant organization is not a
Communist organization.
Current law provides that it is a sufficient cause to
dismiss a public employee (including school district
employees) if they are knowingly a member of the Communist
Party.
Current law provides that a public employee may be required
to answer under oath, specified questions including knowing
membership in an organization advocating the forceful or
violent overthrow of the government.
Current law makes various findings and declarations
regarding the threat posed by communism.
This bill removes membership in the Communist Party as a
reason to dismiss school, community college and public
employees. Specifically it:
1.Deletes membership in the Communist Party from the
reasons for which a permanent school employee may be
dismissed.
2.Deletes membership in the Communist Party and violations
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of health and welfare benefits provisions (see comment
below) as reasons for suspension and notice of dismissal
for permanent school employees, and removes a
corresponding provision that allows suspended school
employees to provide a verified written denial.
3.Deletes membership in the Communist Party as a reason for
suspension and dismissal of classified school or
community college employees.
4.Deletes membership in the Communist Party as sufficient
cause to dismiss a public employee.
5.Deletes provisions relative to public employees being
questioned under oath by non-law enforcement governmental
entities about overthrowing the government or membership
in the Communist Party.
6.Deletes the requirement that a specific signed statement
be provided to the school prior to the use of school
property by a private group, and instead authorizes the
school board to require the furnishing of information as
it deems reasonably necessary to make the determination
that the use of school property for which the application
is made would not violate the Civic Center Act.
7.Replaces existing findings and declarations relative to
the threat of communism with language relative to the
Cold War threat of a communist takeover and
constitutional protections of free speech, political
affiliation and the right to remain silent.
8.Allows public employees, except elected r appointed
officials, to decline to take the loyalty oath based on
religious beliefs that conflicts with the employee's
ability to sign the oath "without mental reservation,"
provided that the employee's objection to the oath is not
related to his/her willingness and ability to uphold the
Constitution and other laws of the State of California
and/or willingness and ability to complete the duties of
employment for which he/she is being considered.
The bill addresses two recent cases within the California
State University (CSU) system in which instructors who were
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members of the Quaker religion were denied employment
because the oath conflicted with their religious conviction
to avoid violence. In once case, Marianne Kearney-Brown
was fired from her position at Cal State East Bay when she
inserted the work "non-violently" before signing her oath
so that it read that she would "non-violently support and
defend the Constitution of the United States?." She was
told by the CSU that adding the word "non-violently" was
inconsistent with the oath and that she would be terminated
unless she signed the oath unaltered. The University of
California allows employees to attach personal statement to
the oath to indicate religious beliefs.
NOTE: The Senate Education Committee analysis has an
extensive discussion of current law on this subject.
Comments
Indoctrination . This bill does not affect current law that
prohibits a teacher from advocating or teaching communism
with the intent to indoctrinate or to inculcate in the mind
of any pupil a preference for communism.
Government overthrow . This bill does not diminish current
law with regard to the dismissal of school, community
college and public employees for
advocating, or belonging to a group that advocates the
overthrow of the government, or the dismissal of school
employees for advocating or teaching communism.
Health & Welfare Benefits . Current law includes a
cross-reference to health and welfare benefits provisions
as a reason for suspension and notice of dismissal for
permanent school employees. Those health and welfare
benefits provisions do not reference any possible
violations. It appears that the cross-reference is
outdated and irrelevant to the suspension and dismissal of
school employees. Deleting this cross-reference should be
considered technical clean-up.
Other states . While California joins other states in
providing for the dismissal of teachers who advocate the
overthrow of the government, California is the only state
that provides for the dismissal of a teacher for being a
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member of the Communist Party.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee, minor
absorbable costs, likely less than $100,000 in General Fund
Proposition 98 funds, to school districts to establish a
process to review information provided by a group or
organization seeking to use district property. These costs
may be offset due to the savings of repealing current
statute that requires school districts to ensure that a
group or organization has submitted a written statement
pledging not to overthrow the government in applying to use
district property.
SUPPORT : (Verified 8/4/08)
American Civil Liberties Union
California Faculty Association
California Federation of Teachers
California Teachers Association
Friends Committee on Legislation
OPPOSITION : (Verified 8/4/08)
Capitol Resource Family Impact
ARGUMENTS IN SUPPORT : According to the author's office,
thanks to Ronald Reagan, the hard-working defense-industry
workers, and many others, the United States has won the
Cold War. Communism no longer represents a threat to the
United States. It is now time to move on. This bill,
however, is not really about communism. This bill is
about protecting the constitutional freedoms that this
country fought so valiantly to maintain during the Cold
War: freedom of speech, freedom of political affiliation,
and the freedom not to testify against oneself. The fact
is that current California laws allow a person to be fired
from his or her job for simply being a member of a
particular political party. In this case, the party in
question is the Communist Party. But if these statutes are
acceptable, then tomorrow it could be the Libertarian
Party, or the Republican Party, or the Democratic Party.
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This bill repeals unconstitutional infringements on the
right to political affiliation.
There are no known complaints or dismissals pursuant to
current law according to the Association of California
School Administrators, California School Boards
Association, California Teachers Association, California
Federation of Teachers, California Department of Education,
California School Employees Association, or Commission on
Teacher Credentialing.
ARGUMENTS IN OPPOSITION : Opponents argue they object to
the deletion of "communism" from statute and feel the bill
will allow the promotion of communism in public schools.
They believe those espousing
communism "will be permitted to not only use government
property, but work in schools and colleges, and promote
anti-American propaganda to impressionable young people."
NC:do 8/4/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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