California 2021-2022 Regular Session Status: Passed Assembly Bipartisan · 7 D · 2 R cosponsors

AB 1007 — Forced or Involuntary Sterilization Compensation Program.

Last action — In committee: Set, first hearing. Hearing canceled at the request of author.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law prohibits sterilization of a person with developmental disabilities without the person's consent, if the person has the ability to consent to sterilization, as defined, unless a limited conservator authorized to consent to the sterilization of an adult with a developmental disability is appointed and obtains court authorization to consent to the sterilization, as specified. Existing law prohibits sterilization for the purpose of birth control in county jails and state prison facilities, as specified. Existing law establishes a procedure for the compensation of victims and derivative victims of certain crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund consisting of General Fund moneys, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and specified limits on the amount of compensation the board may award, and requires applications for compensation to be verified under penalty of perjury. Under existing law, certain property is exempt from enforcement of money judgments, including benefits from a disability or health insurance policy or program. This bill would establish the Forced or Involuntary Sterilization Compensation Program, to be administered by the California Victim Compensation Board for the purpose of providing victim compensation to survivors of state-sponsored sterilization conducted pursuant to eugenics laws that existed in California between 1909 and 1979 and to survivors of coercive sterilization performed in prisons after 1979. The bill would require the board, in consultation with community-based organizations, to conduct outreach to locate qualified recipients, as defined, disclose a coerced sterilization to that person if the person was sterilized while imprisoned, notify that person of the process to apply for victim compensation, and review and verify all applications for victim compensation, as specified. The bill would require the board to keep confidential and not disclose to the public a record pertaining to a person's application for victim compensation or the board's verification of the application. The bill would exempt victim compensation payments from, among other things, being considered taxable income for state tax purposes or being subject to enforcement of a money judgment, as specified. The bill would provide that these provisions would become operative only upon an appropriation of not less than $7,500,000 in the annual Budget Act or other statute, collectively appropriated to the board, the State Department of State Hospitals, the State Department of Developmental Services, and the Department of Corrections and Rehabilitation for the purposes of implementing the program. The bill would also require the board and departments to post a notice on their internet websites, once the appropriation described above is made, to inform the public of the operative date of the program. (2) Existing law provides that information and records obtained in the course of providing specified mental health and developmental services are confidential, but allows the disclosure of the information and records under specified circumstances. This bill would additionally authorize the State Department of Developmental Services and the State Department of State Hospitals to disclose the above-described information and records to authorized employees of the board for the purposes of verifying the identity and eligibility of individuals claiming compensation under the Forced or Involuntary Sterilization Compensation Program, or to an attorney for a person who was sterilized or alleges a person was sterilized. The bill would require the board to maintain the confidentiality of any information or records received from the departments. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

Bill Text

Action History

  1. In committee: Set, first hearing. Hearing canceled at the request of author.

  2. From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 13). Re-referred to Com. on APPR.

  3. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  4. From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 5. Noes 0. Page 1721.) (June 29). Re-referred to Com. on JUD.

  5. Referred to Coms. on PUB. S. and JUD.

  6. In Senate. Read first time. To Com. on RLS. for assignment.

  7. Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1777.)

  8. Read second time. Ordered to third reading.

  9. Read second time and amended. Ordered returned to second reading.

  10. From committee: Amend, and do pass as amended. (Ayes 16. Noes 0.) (May 20).

  11. In committee: Set, first hearing. Referred to APPR. suspense file.

  12. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (April 13). Re-referred to Com. on APPR.

  13. From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 6). Re-referred to Com. on JUD.

  14. Referred to Coms. on PUB. S. and JUD.

  15. From printer. May be heard in committee March 21.

  16. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 11 co-sponsors · 110 not signed on

Sponsors (1)

Co-sponsors (11)

Not signed on (110)

110 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 5000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Hertzberg — Yea
Gonzalez — Yea
Wieckowski — Yea
Skinner — Yea
Borgeas — Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 1007 Carrillo Assembly Third Reading

Passed 79 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 41000
Democratic 28000
Republican 10000
Total 79000
% of votes cast 100%0%0%0%
How each member voted (79)
Member Party Vote
Villapudua — Yea
Salas — Yea
Quirk — Yea
Low — Yea
Levine — Yea
Daly — Yea
Gray — Yea
Burke — Yea
Mathis — Yea
Santiago — Yea
Mayes — Yea
Frazier — Yea
Chau — Yea
Bloom — Yea
Mullin — Yea
Holden — Yea
Jones-Sawyer — Yea
Wood — Yea
Smith — Yea
Cunningham — Yea
Cooper — Yea
Voepel — Yea
Cooley — Yea
Maienschein — Yea
Rodriguez — Yea
Kiley — Yea
Nazarian — Yea
Ting — Yea
O'Donnell — Yea
Waldron — Yea
Medina — Yea
McCarty — Yea
Friedman — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass as amended.

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 6000
Republican 2000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Bigelow — Yea
Chau — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Republican 2000
Democratic 2000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Chau — Yea
Maienschein — Yea
Holden — Yea
Kiley — Yea
Chiu — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Davies, Laurie Republican Yea
Gallagher, James Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Judiciary] with recommendation: To Consent Calendar

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 2000
Democratic 3000
Unaffiliated 3000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Santiago — Yea
Quirk — Yea
Jones-Sawyer — Yea
Bauer-Kahan, Rebecca Democratic Yea
Lee, Alex Democratic Yea
Wicks, Buffy Democratic Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Subjects

civil-rights health-insurance
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Frequently asked questions

What does AB 1007 do?
(1) Existing law prohibits sterilization of a person with developmental disabilities without the person's consent, if the person has the ability to consent to sterilization, as defined, unless a limited conservator authorized to consent to the sterilization of an adult with a developmental disability is appointed and obtains court authorization to consent to the sterilization, as specified. Existing law prohibits sterilization for the purpose of birth control in county jails and state prison facilities, as specified. Existing law establishes a procedure for the compensation of victims and derivative victims of certain crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund consisting of General Fund moneys, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and specified limits on the amount of compensation the board may award, and requires applications for compensation to be verified under penalty of perjury. Under existing law, certain property is exempt from enforcement of money judgments, including benefits from a disability or health insurance policy or program. This bill would establish the Forced or Involuntary Sterilization Compensation Program, to be administered by the California Victim Compensation Board for the purpose of providing victim compensation to survivors of state-sponsored sterilization conducted pursuant to eugenics laws that existed in California between 1909 and 1979 and to survivors of coercive sterilization performed in prisons after 1979. The bill would require the board, in consultation with community-based organizations, to conduct outreach to locate qualified recipients, as defined, disclose a coerced sterilization to that person if the person was sterilized while imprisoned, notify that person of the process to apply for victim compensation, and review and verify all applications for victim compensation, as specified. The bill would require the board to keep confidential and not disclose to the public a record pertaining to a person's application for victim compensation or the board's verification of the application. The bill would exempt victim compensation payments from, among other things, being considered taxable income for state tax purposes or being subject to enforcement of a money judgment, as specified. The bill would provide that these provisions would become operative only upon an appropriation of not less than $7,500,000 in the annual Budget Act or other statute, collectively appropriated to the board, the State Department of State Hospitals, the State Department of Developmental Services, and the Department of Corrections and Rehabilitation for the purposes of implementing the program. The bill would also require the board and departments to post a notice on their internet websites, once the appropriation described above is made, to inform the public of the operative date of the program. (2) Existing law provides that information and records obtained in the course of providing specified mental health and developmental services are confidential, but allows the disclosure of the information and records under specified circumstances. This bill would additionally authorize the State Department of Developmental Services and the State Department of State Hospitals to disclose the above-described information and records to authorized employees of the board for the purposes of verifying the identity and eligibility of individuals claiming compensation under the Forced or Involuntary Sterilization Compensation Program, or to an attorney for a person who was sterilized or alleges a person was sterilized. The bill would require the board to maintain the confidentiality of any information or records received from the departments. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Who sponsors AB 1007?
AB 1007 is sponsored by Bauer-Kahan, Rebecca (Democratic), Lackey, Tom (Republican), Rivas, Robert (Democratic), Rodriguez, Wicks, Buffy (Democratic), Caballero, Anna M. (Democratic), Durazo, Maria Elena (Democratic), Leyva, Garcia, Robert (Democratic), Carrillo, Juan (Democratic), Gonzalez, Jeff (Republican), and Mark Stone.
What is the current status of AB 1007?
This bill died with 2021-2022 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1007?
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