Assembly Floor
- Chris Ward
Legislator
Members, the Assembly is now in session. Assembly Member Addis notices the absence of a quorum. Sergeant Arms will prepare the chamber and bring in the absent Members. The Clerk will call the role.
- Committee Secretary
Person
[Roll Call]
- Chris Ward
Legislator
Members, a quorum is present. We ask our guests and our visitors in the rear of the chamber and in the gallery to please stand for the prayer and the pledge. Our day's prayer will be offered by our Assembly chaplain, Imam Yasir Khan. Imam Yasir Khan
- Mohammad Khan
Person
The name of God, the most Gracious, the most merciful, almighty God, source of goodness and mercy today, we pray that you touch the minds and hearts of the Assembly Members present here today. Grant them wisdom and insight to make effective decisions that benefit the common good of our state respecting all Californians. We pray, Lord, that our elected representatives may listen to one another so that they may seek what is good and true for all people. We ask you, Lord, to guide them and grant them courage to act in peace and justice for all Amen.
- Chris Ward
Legislator
We ask to remain standing and join us in the flag salute. Please join us. Assembly Woman Bonta as she leads us in the nation's pledge.
- Mia Bonta
Legislator
Members, please join me in the flag salute. I pledge allegiance to the flag. And to the Republic.
- Chris Ward
Legislator
Thank you. You may be seated. Reading of the previous day's Journal .
- Reading Clerk
Person
Assembly Chamber Sacramento, Wednesday, May 17, 2023 the Assembly met at 07:00 a.m.
- Chris Ward
Legislator
Mr. Gallagher. Seconds that the reading of the previous days journal be dispensed with presentations and petitions. There are none. Introduction, references of bills will be deferred. Reports of committees will be deemed read and amendments deemed adopted. Messages from the Governor, there are none. Messages from the Senate? There are none.
- Chris Ward
Legislator
Moving to motions and resolutions the absences for the day for illness Assembly Member Garcia, Assembly Member Grayson, Assembly Member Wilson and for family funeral, Assembly Member Jones. Sawyer. And Majority Leader Reyes. You are recognized for your procedural motions.
- Eloise Gómez Reyes
Legislator
Thank you, Mr. Speaker. I request unanimous consent to suspend Assembly Rule 45.5 to allow Assembly Members Ward, Boerner and Gallagher to speak on an adjournment in memory today.
- Chris Ward
Legislator
Without objection. Such shall be the order.
- Eloise Gómez Reyes
Legislator
I request unanimous consent to suspend Assembly Rule 118 A to allow Assembly Members Boerner and Aguilar Curry to have guests seated at their desks.
- Chris Ward
Legislator
Without objection. Such shall be the order.
- Eloise Gómez Reyes
Legislator
At the request of the author, please remove item 41 SB 421 Limon from the consent calendar and at the request of Assembly Member Low, please remove item 45 SB 799 Allen from the consent calendar. Clerk will note I request unanimous consent that the Administration of the Oath of Office to Robert Rivas as speaker of the Assembly be set as a special order of business on Friday, June 30 at 09:30 A.m.
- Chris Ward
Legislator
Without objections that shall be the order
- Eloise Gómez Reyes
Legislator
Pursuant to Assembly Rule 96. I request unanimous consent to rerefer the following bills to committee SB 225 Caballero from the Accountability and Administrative Review Committee to the Appropriations Committee, SB 619 Padilla from the Utilities and Energy Committee to the Natural Resources Committee, and then back to the Utilities and Energy Committee and SB 672. McGuire. From the transportation committee to the insurance committee.
- Chris Ward
Legislator
Without objections. That shall be the order.
- Eloise Gómez Reyes
Legislator
I request unanimous consent to suspend Joint Rule 62 A, the file notice requirement to allow the Water, Parks and Wildlife Committee to meet on Tuesday, June 27 at 09:00 A.m. In room 444 to hear SB 147 Ashby
- Chris Ward
Legislator
Mr. Flora, for what purpose?
- Heath Flora
Legislator
Thank you, Mr. Speaker. We withhold consent and ask for a roll call vote.
- Chris Ward
Legislator
Very well. Members, we are going to have a vote. The majority leader is asking for an aye vote. Second by Ms. Ortega. Procedural motion. Clerk will open the roll. All those vote who desire to vote this is suspend the rules. Procedural motion requires 41 all those vote who desire to vote. All those vote who desire to vote Clerk will close roll. Tally the votes. Ayes 41 knows 14 rules are suspended. Motion carries and Majority Leader race you're further recognized.
- Eloise Gómez Reyes
Legislator
I request unanimous consent to suspend the rules to withdraw the following bills from the Budget Committee and order them to the third reading file. SB 102 SB 103 SB 114 AB 115 SB 116 SB 117 SB 118 SB 119 SB 120 SB 121 SB 122 SB 123 SB125. SB 127 SB 128 SB 130 SB 131 SB 132 SB 133 and SB 134.
- Chris Ward
Legislator
Mr. Flora. For what purpose?
- Heath Flora
Legislator
We withhold consent and ask for a roll call vote.
- Chris Ward
Legislator
Very well. Majority Leader is asking for an aye vote. Mr. Gipson's seconds it and Mr. Flora is asking for a no vote. Members, it's procedural to suspend the rules. Clerk will open the roll. All those vote who desire to vote. All those vote who desire to vote Clerk will close the roll. Tally the votes. Ayes 43 no's. 15. Motion carries. Majority Leader Reyes further recognized.
- Eloise Gómez Reyes
Legislator
I request unanimous consent to suspend Joint Rule 62 A, the file notice requirement to allow the Budget Committee to meet on Tuesday, June 27 upon call of the Chair in a room to be announced.
- Chris Ward
Legislator
No objections. That shall be the order.
- Eloise Gómez Reyes
Legislator
I request unanimous consent to suspend Assembly rule 69 to allow Assembly Member Reyes to take up floor amendments on item nine AB two, four, one.
- Chris Ward
Legislator
Mr. Flora. For what purpose?
- Heath Flora
Legislator
We object to the motion. And we also object to the amendments as well. Ask for a roll call vote.
- Chris Ward
Legislator
We have time for that. Majority leader is asking for an aye vote. And seconded by Mr. Gipson. Mr. Flora is asking for a no vote on the procedural motion suspending the rules. Clerk will open the roll. All those vote who desire to vote. All those vote who desire to vote. Clerk will close the roll. Tally the votes. Ayes 43, no's. 15 rules are suspended. Motion carries.
- Chris Ward
Legislator
Members, we have several guest introductions with us today. We will begin with Assemblywoman Schiavo. You are recognized at your desk for your guest introductions.
- Pilar Schiavo
Legislator
Thank you, Mr. Speaker and Members. Joining us in the gallery today are Members of the Santa Clarita Valley Chamber of Commerce who are celebrating their centennial hundred years of service, help supporting small businesses, and growing and thriving in what is now the third largest city in LA county. So please rise and please help me welcome the Santa Clarita Valley Chamber of Commerce to the Assembly today.
- Chris Ward
Legislator
Thank you. And Ms. Rubio, you are recognized at your desk for your guest introductions.
- Blanca Rubio
Legislator
Thank you, Mr. Speaker and Members, today in the gallery, we are joined by over 20 students participating in my young legislator program for the 48th Assembly district. They have been going through the program and getting a taste of legislative responsibilities for the last six months. And these students have been up since 04:00 a.m.
- Blanca Rubio
Legislator
To travel and they got a taste of how legislators go back and forth to their districts. Please join me in giving them a warm welcome to the California state Assembly.
- Chris Ward
Legislator
And Assemblywoman Irwin, you're recognized at your desk for your guest introductions. Thank
- Jacqui Irwin
Legislator
you very much, Mr. Speaker. I'm very excited to welcome a constituent of mine, Derek Ali, from Calabasas to the Assembly. Mr. Ali is a two time Grammy winner who has mixed for artists such as Kendrick Lamar, Childish Gambino and Cardi B. He is also the creator of an online mixing program and community for mixing engineers called engineers. And he is joined by Marquisa Finch and Divya Reddy. If you could all stand up, please. And please join me in welcoming all three of them.
- Chris Ward
Legislator
Aguiar Curry, you are recognized at your desk for your special guest introductions.
- Cecilia Aguiar-Curry
Legislator
Good afternoon, Members. I am so honored to have my two favorite people here on the floor with me. My granddaughter Mary Ann, she's seven years old, and my grandson Houston, who is four. And the special honor goes to my daughter up in the up in the top, Elizabeth White and my boyfriend Larry. Thank you very much.
- Chris Ward
Legislator
And Assemblywoman Boerner, you're recognized at your desk for guest introduction. Hello,
- Tasha Boerner
Legislator
Mr. Speaker and colleagues. Of course, I have my daughter Maya here with me today. You'll remember in 2018. When I was first sworn in, she was this tall and she was seven years old. And now she's twelve, and I think she beats me in height. So I'm again the shortest person in my family. So please welcome Maya.
- Chris Ward
Legislator
All right, Members, we're going to be moving to our business on the daily file second reading. The Clerk will read
- Committee Secretary
Person
Senate Bills 477, 499 with amendments, and Senate Bill 624 with amendments.
- Chris Ward
Legislator
All bills are deemed read. All amendments will be adopted. We will pass and retain on items for concurrence. And we'll begin by Ms. Irwin with file item 20. This is SB 417 for purpose of amendments. Clerk will read
- Committee Secretary
Person
Senate Bill 417 with amendments by some Member Irwin.
- Chris Ward
Legislator
You may open on the amendments.
- Jacqui Irwin
Legislator
All right, thank you. Mr. Speaker and Members, I rise to present amendments to SB 417. The amendments ensure that 988 suicide and crisis lifeline remains prominent on the warning signs this Bill updates ,thank you. And I respectfully ask for your aye vote.
- Chris Ward
Legislator
Thank you, Ms. Irwin. Seeing no Members wishing to address these amendments, without objection, we'll take a voice vote on the amendments. All those in favor say aye. All opposed say nay. The ayes have it.
- Chris Ward
Legislator
Thank you Members will be moving to file item 15. This is ACR 99. The Clerk will read
- Committee Secretary
Person
Assembly concurrent resolution 99 by Assembly Member Cervantes and others relative to immigrant heritage.
- Chris Ward
Legislator
Assemblymember Ortega, you're recognized on the resolution.
- Liz Ortega
Legislator
Thank you, speaker. Mr. Speaker, today I rise to present Assembly Concurrent Resolution 99 on behalf of the California Legislative Caucus commemorating the month of June as Immigrant Heritage Month. California is home to 10.5 million immigrants, 10% of DACA recipients, and the second largest state in the US.
- Liz Ortega
Legislator
With the majority of TPS holders, many of which are Latinos. I proudly rise today as a daughter of immigrants whose parents brought our family to California to build a better future for us. I was only three years old and my brother was six months old when my mother chose to take that dangerous trip alone with two babies.
- Liz Ortega
Legislator
Her sacrifice and hopes gave me the opportunity to make my own hopes and a chance to reach the American Dream. Immigrant Heritage Month is an opportunity to celebrate immigrants and their countless contributions to our country. Their contributions are not limited to our economy.
- Liz Ortega
Legislator
In fact, the cultural landscape of our nation and state has been shaped by immigrants for decades. Immigrants should be allowed to thrive beyond their productivity in our state, to live whole and healthy lives beyond survival. Yet, despite countless contributions made by immigrants, we have frequently overlooked and undermined their role in building our state and nation.
- Liz Ortega
Legislator
Our history also reminds us that our immigrant communities have been scapegoated, vilified and targeted. Despite the many challenges that immigrants face, such as language barriers and in many instances, discrimination, immigrants and their children managed to survive. Despite all these structural disadvantages.
- Liz Ortega
Legislator
Our immigrant and refugee communities have experienced acts of violence and hatred, including those preputated against our Black, Asian American, Pacific Islander and Muslim communities. Our present hasn't prevented our immigrant communities from facing hateful rhetoric and active exclusion of their contributions, needs and humanity. Despite immigrants driving our economic growth, their needs have often gone unmet.
- Liz Ortega
Legislator
We must recognize the persistent disparities and challenges disappropriately faced by immigrants, such as access to health care, education benefits, including federal recovery benefits that was worsened by the pandemic and recent floods. As we recognize and celebrate, let's also recognize the overlooked, the undervalued dedication of immigrants like our farm workers and our street food vendors and my dad who will be here next week, our dishwashers and janitors. We honor the sacrifices of immigrants who became essential workers during the COVID-19 pandemic.
- Liz Ortega
Legislator
They served on the front lines and were called heroes and essential. It takes tremendous courage to be a foreign country, to be in a foreign country, knowing no one and working to make it, to prosper while trying to make it in your home. We recognize that while our immigrant and refugee communities have incredible strength and resiliency, we must continue to fight for a pathway to citizenship for immigrant workers and their families and support that immigrants have contributed, such as food security, health, safety nets for all.
- Liz Ortega
Legislator
I respectfully ask for your aye vote.
- Chris Ward
Legislator
Thank you, Ms. Ortega. And Assembly Member Lee, you're recognized on the resolution.
- Alex Lee
Legislator
Thank you, Mr. Speaker. Members, today I rise on behalf of the API and LGBTQ Plus Caucuses in support of ACR 99, which designate this month of June 2023 as Immigrant Heritage Month. California is home to over 10 million immigrants, with my district being one of the most diverse.
- Alex Lee
Legislator
My district is the most Asian American district in California by residents, and many of my constituents have come from all over the world, contributing to much of the Bay Area's multiculturalism and diversity. Of course, this week we just celebrated Pride, but many folks from across the world, especially in Asia, were able to live their authentic selves in the streets of San Francisco or in whether it be in San Jose. Our state wouldn't be where it is today.
- Alex Lee
Legislator
Without immigrants to continue to innovate and strengthen our economy, reinforcing California status as the fourth largest economy in the world, it is important to remember the complex histories and struggles of our LGBTQ Plus immigrants who continue to face layers of hardships as LGBTQ Americans do as well in this country. I hope my colleagues recognize the generational work of immigrants in California and understand that even for folks coming here and fleeing, whether they fear Asia or any other parts of the world because they are queer, that they still need stronger protections when they're here, but also stronger legal pathways to do so. One thing I hear from, especially from my Asian community, is that it's so hard to reunite legally, even though they got here legally with their family Members.
- Alex Lee
Legislator
And we need, as Members of this house to really strengthen and create those pathways for immigrants to prosper in this country their new home. I urge aye vote.
- Chris Ward
Legislator
Thank you, Mr. Lee. And Assemblywoman Rubio, you're recognized on the resolution.
- Blanca Rubio
Legislator
Good afternoon, Mr. Speaker and Members. I am immensely honored to have this opportunity to rise on behalf of the Women's Caucus for Immigrant Heritage Month. As an immigrant myself, I am extremely proud of the road that California has paved for immigrants working and living in this golden state.
- Blanca Rubio
Legislator
One in three small business owners in California are immigrants. Honoring and respecting immigrant heritage is vital for California's culture, as almost one half of California children have at least one immigrant parent. My parents sacrificed so much for me to be standing here today.
- Blanca Rubio
Legislator
My father dreamt of a safe life for his family coming from Juarez, Mexico, where many young girls constantly went missing. Through determination, my parents carried my family over the US. Border for a greater and safer life.
- Blanca Rubio
Legislator
Our story did not come without hardship. As my family and I were deported back to Mexico, we were able to make it back to the United States, and I have proudly been an american citizen since 1994. As an immigrant and an Assembly Member, it is my duty to honor immigrant heritage for those yet to make their voyage to the State of California.
- Blanca Rubio
Legislator
Immigrants contribute so much to the State through our culture, community and determination to achieve life. I'm sorry to achieve and live the American Dream. California is built on these communities and I am thankful for this body, for their continued support of immigrants. Thank you. And I ask for an aye vote.
- Chris Ward
Legislator
Thank you, Ms.. Rubio and some Member Carrillo, you're recognized on the resolution
- Juan Carrillo
Legislator
Buenos Tardes Mr. Speaker and Members, today I rise in strong support of ACR 99, introduced by my colleague, Assemblywoman Cervantes. As an immigrant who came to this country at the age of 15 and got his first job as a dishwasher, I never imagined ... that I would one day become a proud US. Citizen, raise a beautiful family, speak English and let alone serve as an Assembly Member proudly representing the 39th District of California. But here I am, standing before you today, a testament to the American Dream.
- Juan Carrillo
Legislator
El Sueno Americano my personal journey, like that of countless immigrants, is a testament to the immense potential that lies within individuals who dare to dream and embark in a new beginning in a foreign land. It is a story of resiliency, sacrifice and unwavering belief in the ideals upon which our nation was built. I have witnessed firsthand the transformative power that lies within our immigrant communities.
- Juan Carrillo
Legislator
Immigrants from all corners of the globe have helped shape the economy, enriched the culture and foster innovation that has propelled our nation forward by designating. June 2023 as Immigrant Heritage Month through ACR 99, we send a resounding message of gratitude and recognition for the invaluable contributions that immigrants have made and continue to make every day. It is an opportunity to celebrate the immense diversity and cultural richness that immigrants bring to our communities, reminding us of the shared values and aspirations that bind us together as a nation.
- Juan Carrillo
Legislator
By honoring our immigrant heritage, we reaffirm our commitment to equality, justice and opportunity for all, regardless of one's country of origin. Together, let us honor the legacy of immigrants, embrace our shared humanity, and continue to build a future where the American Dream remains within reach for all who strive for better tomorrow. ...
- Chris Ward
Legislator
I respectfully ask that you join me in supporting ACR 99. Gracias. Thank you, Mr. Carrillo. And Assembly Member Jackson, you're recognized on the resolution.
- Corey Jackson
Legislator
Thank you very much. Mr. Speaker. I rise on behalf of the Legislative Black Caucus on this very important resolution. Obviously, as America is a nation of immigrants, we celebrate the diversity and making sure that America is not only just known as a melting pot, but really known as more of a salad bowl where each and every one of the diverse populations of immigrants that are coming to this border adds to the richness of this country, but yet does not shed its individual culture, its individual language, and its individual religion. We are, in fact, very fortunate and lucky as Californians for immigrants from all over this world who are fleeing many tumultuous and dangerous places to make California their home. We want to thank immigrants for choosing California because we need them if California is going to continue to be strong, continue to be great, continue to be golden, we need the immigrant population to continue to add their skill, their talents, and their dreams. I ask for an aye on ACR 99.
- Chris Ward
Legislator
Thank you, Dr. Jackson and Assembly Mamber Jim Patterson, you're recognized on the resolution.
- Jim Patterson
Person
Thank you, Mr. Speaker. Members. I rise in strong support of ACR 99, and I do it in the honor of my immigrant son. I've risen on the floor before to talk about BJ. Orphaned in Vietnam, flown over to the United States by Operation Babylift. Sharon and I were privileged to adopt him.
- Jim Patterson
Person
He is 50 years old today, and he is a plumbing contractor in Fresno. And his story of immigrating to the United States is probably one of the most unusual you can imagine. Found on the side of the road by two GIs while Saigon is falling, and they took him to a Catholic orphanage, he was cared for.
- Jim Patterson
Person
He was flown first on a C5A,and he was on the one that crashed, and he survived that flew on a second plane to the Presidio in California. And as I've mentioned on the floor before, he is a constant reminder from my immigrant son of what it means to be in the United States of America. And he will say this constantly dad, those two GIs hadn't picked me up, if those nurses, Catholic nuns, didn't care for me, if the President didn't send over the C5A's, if you didn't adopt me, I'd be in a Communist country behind a water buffalo in a rice patty.
- Jim Patterson
Person
I'm in the United States. I'm free. I own my own home, own my own business. And he's reminded me repeatedly that as my son, he is 100% Patterson and 100% American. And it is in gratitude for the welcoming that he has received. He is loved in Central California.
- Jim Patterson
Person
He pays a great deal of attention to his customers, but he also is a regular volunteer at our church. He cares for young people, and he mentors so many of them. And so I rise as a loving and grateful adoptive dad that under strange and unusual circumstances, our little alien came, was cared for, and is today a flourishing and loving husband, uncle, brother, and son.
- Jim Patterson
Person
So we heard earlier that there were 10 million immigrants in California, and I'm here to stand up and say, let's make it 10,000,001. My, my. BJ, thank you for the opportunity to stand and tell his story. I hope it is an inspiration to so many others. Don't give up. This place loves and cares for you, no matter who you are and where you've come from.
- Jim Patterson
Person
And we're going to rise along with you. We'll be the wind beneath your wings, and we'll love you to your destiny. And that's what Sharon and I have had the privilege to do in the life of our little immigrant. Thank you.
- Chris Ward
Legislator
Thank you, Mr. Patterson. Assemblywoman Carrillo, you're recognized on the resolution.
- Wendy Carrillo
Person
Thank you, Mr. Speaker and Members. I rise in strong support of ACR 99, celebrating Immigrant Heritage Month as the first Salvadorian born immigrant to represent our state Assembly in the Legislature, and also as a formerly undocumented young person in this country, one of the original Dreamers who came to the United States amid the civil war in Salvador unrecognized refugees. We have this immense and incredible opportunity to inspire the next generation of leaders.
- Wendy Carrillo
Person
And with that, I just want to share a letter that inspires me in honor of our nation's birthday. 4 July, coming up. John Adams, one of the founders of this country, went to France advocating for our nation's independence. And in that, he wrote a letter to his wife, Abigail. I call it a love letter. And in this letter, he wrote in the Gardens of Versailles.
- Wendy Carrillo
Person
He wrote, My beloved, the Gardens of Versailles are beautiful, and I wish that I had the time to express it and share it with you. But I must get back to work. I must go study politics and war so that our sons have the liberty to study mathematics and philosophy, so that their children have a right to study art and music.
- Wendy Carrillo
Person
And, Members, that is the very foundation of our nation, that no matter where you come from, what you look like, what language you speak, and in my case, and in many others, what your legal status is, this nation belongs to all of us, not just a few. And we have an opportunity, a responsibility and an obligation to ensure that every immigrant child, regardless of where they come from, sees this nation as their own. And they get to build a future in which their parents sacrifice to bring them here, or the sacrifice of anybody that comes to our shores, has an opportunity to build a better life.
- Wendy Carrillo
Person
A better life with dignity for themselves and for their families. And with that, I respectfully request and aye vote thank you.
- Chris Ward
Legislator
Thank you. Ms. Carrillo, seeing no other Members wishing to be recognized on the resolution? Ms Ortega, anything further to close seeing? None. We'd like the first roll of co authors.
- Chris Ward
Legislator
Very well. Clerk will open the roll. Members, for co authors on ACR 99, all those wishing to be a co author, please signify by casting your vote. Clerk will close the roll. There are 74 co authors. Without objection, we'll take a voice vote on the resolution. All those in favor say aye. All opposed say nay. Ayes have it. Resolution is adopted. And I believe at the request of the author, we will have immediate transmittal of ACR 99 to the Senate. Ms. Reyes, we are going to move to file item nine for purpose of amendments, AB 241.
- Committee Secretary
Person
Assembly Bill 241 with amendments by Assembly Member Reyes
- Chris Ward
Legislator
And Majority Leader Reyes you may open on the amendments.
- Eloise Gómez Reyes
Legislator
Thank you, Mr. Speaker. I'm presenting AB 241 for amendments. These are amendments that have been negotiated between the Assembly and Senate leadership as well as the Governor's office. The amendments align our Bill with the trailer Bill, including dedicating $10 million annually to fund hydrogen fueling stations. Respectfully ask for your aye vote.
- Chris Ward
Legislator
Thank you, Ms.. Reyes. And Mr. Flora on the amendments.
- Heath Flora
Legislator
We object to the amendments. Ask for a roll call vote.
- Chris Ward
Legislator
Very well. Seeing no other Members wishing to speak to these amendments, roll call vote has been requested. The Clerk will open the roll. All those vote who desire to vote all those vote who desire to vote will close. Roll tally votes. Ayes 46, noes 18. Amendments are adopted. The Bill is out to print and back on file. Members, next, we'll be moving to file item 23.
- Chris Ward
Legislator
This is SB 467. The Clerk will read
- Committee Secretary
Person
Senate Bill 467 by Senator Portino an act relating to community colleges.
- Chris Ward
Legislator
And Assemblymember Fong. You may open on the Bill.
- Mike Fong
Legislator
Thank you, Mr. Speaker and Members, I am presenting SB 467 on behalf of Senator portino, which will prohibit a community college from denying a student access to an internship or apprenticeship training program based on the use of an individual tax identification number. When applying for these programs, we have made great strides to increase access to education for undocumented students, making significant investments that incentivize completion and promote job placement.
- Mike Fong
Legislator
The Faculty Association for Community Colleges brought to the Senator's attention that some colleges have denied admission to students into certain career technical educational workforce programs because of their immigration status, resulting in students not being able to complete the program or to secure employment. This Bill provides an important next step in correcting this inequity and ensuring immigration status does not present a barrier to obtaining higher education for our students. For these reasons, I respectfully ask for an aye vote.
- Chris Ward
Legislator
Thank you, Mr. Fong. Seeing no other Members wishing to speak on this Bill, Clerk will open the roll. All those vote who desire to vote. All those vote who desire to vote, Clerk will close the roll. Tally the votes. Ayes 61, noes, zero. The Bill is passed. Next. This is file item 14 ACA 5.
- Chris Ward
Legislator
The Clerk will read
- Committee Secretary
Person
Assembly Constitutional Amendment 5 by Assembly Member Low and others an act relating to rights.
- Chris Ward
Legislator
Assembly Member Low you may open on the measure.
- Evan Low
Person
Thank you very much. Mr. Speaker and colleagues. Today is the anniversary of the Obergefeld decision which made marriage equality law of the land in the United States. And as we celebrate and conclude the final Days of Pride Month, we have an historic opportunity to right the wrongs of our pasts. Back in 2008, voters passed Proposition Eight, which eliminated the rights of samesex couples to marry. That is still in our California constitution.
- Evan Low
Person
And because of the recent rulings of the United States Supreme Court overturning over 50 years of rights that have been forwarded with respect to abortion and reproductive freedom, they've made it abundantly clear that marriage equality is not a guaranteed right. And that's why we have an opportunity to repeal Proposition Eight in our California Constitution, as well as enshrining marriage equality protections for same sex couples as well as interracial marriage. Now, many of our colleagues on the other side of aisle have highlighted some concern that I want to address.
- Evan Low
Person
This constitutional amendment does not redefine the definition of marriage. No Member of the clergy or any Member of any religious denomination has ever been forced to marry. That is constitutional law. It is the current law. It was past law and it is future law to hone in on that additional key aspect of which I know my colleagues have deep faith and also entrust that the intent is well recognized. I also intend, upon conclusion of the legislative process, to submit a letter to the Journal with permission to read.
- Evan Low
Person
Mr. Speaker, in addressing the concerns, the letter of Journal would state accordingly, Assembly Constitutional Amendment 5 would affirm the constitutional right to marry as currently recognized by the state and federal case law. It would not impact the eligibility requirements to get married or to perform a marriage, or the mechanics of issuing licenses or solemnizing marriages, all of which are set forth in statutory law, which is that a priest, rabbi or authorized persons of any religious denomination shall not be required to solemnize a marriage that is contrary to the tenets of a person's faith. Additionally, the United States Constitution protects all Americans rights to the free exercise of religious faith, including the right of clergy and religious denominations to choose which marriages they solemnize.
- Evan Low
Person
Marriage equality for same sex couples has now been law of the land in California for over a decade, and no clergy, Member or religious denominations have ever been forced to perform marriages that do not accord with our faith. This would remain unchanged following the approval of Assembly Constitutional Amendment 5. So colleagues, I hope this addresses the concern specifically that have been raised about religious protections and if it can also just allow for those who still are not compelled, for those who are still not, for those who may not find the love in their hearts, to recognizing that the antidote to hate is love.
- Evan Low
Person
Please hear a quote that has been stated by a number of Members of our community. And that is to say, we hope you love your family more than you hate ours. I'm hopeful that you can find the love in your hearts and recognizing that we just want to be in a loving, committed relationship and supporting family values just as everyone else.
- Evan Low
Person
Colleagues, we have a unique opportunity to restore the past and the injustices of many California have come before us. Let's be on the right side of history and supporting interracial marriage and marriage equalities for all of California's in our beautiful state. I respectfully ask for aye vote and respect immediate transmittal to the Senate.
- Chris Ward
Legislator
Thank you, Mr. Low. And Senator McCarty, you're recognized on the measure.
- Kevin McCarty
Person
Thank you, Mr. Speaker. I rise in strong support as a co author of this measure from our colleague from the Silicon Valley. This is a bipartisan measure, I will note, not political. And it puts this measure on the ballot where the voters, the people of California, can appropriately weigh in. This morning I dropped my kids off to high school for the first time. Not high school time, but I went to their high school for the first time.
- Kevin McCarty
Person
And I remember I went to a rally against Prop Eight when they were three months old. And I was thinking about this debate today and years from now they're going to say, what was California? What were we even talking about? Why was this even controversial? We know the attitudes of the electorate, especially young people, have changed dramatically on this. So this young people, this isn't even an issue.
- Kevin McCarty
Person
Why are you even talking about this right now? But the reality is it is because while the Supreme Court struck this five years ago, it's still in the books. It's a scar. And we have the opportunity every once in a while to write a wrong, which is what we will be tempting to do with the passage of ACA 5 with two thirds votes from US Senate and then go to the voters, they will ultimately weigh in.
- Kevin McCarty
Person
Writing a wrong and why I really am so focused and this issue is so personal to me because I'm a loving kid. For you don't know. I know. My colleague from Oakland knows about it. She talks about it quite often. She has a loving family. I'm a product of a biracial marriage. My parents met five blocks from here in 1970, moved to Virginia. I was born there.
- Kevin McCarty
Person
They got married in 1973. Years earlier, they couldn't have been married. It was illegal for them to be married. So kids, this generation, the same thing. Are you kidding me? People couldn't love one another based upon their race? Well, that was the law of our land 56 years ago. California family went to the California Supreme Court.
- Kevin McCarty
Person
Then Richard and Mildred Loving did the same thing to make sure they had opportunity to love one another in the state of Virginia. So this is an issue core to all of us in America. The Supreme Court five years ago used the Loving decisions as a basis to legalize marriage equality in California. This is a very personal issue for me. I know there's a bunch of other loving family Members in this room. Either them or their kids or people they know.
- Kevin McCarty
Person
And this is about righting that wrong. Focusing on the future of California and making sure that everybody has a chance to live their best lives and love one another how they wish to do so. Respectfully ask your aye vote. Thank you.
- Chris Ward
Legislator
Thank you. Mr. McCarty and Assemblyman Wallis, you're recognized on the measure. Thank you.
- Greg Wallis
Legislator
Mr. Speaker and Members. I rise today as a proud co author of ACA 5. Our country was founded on a declaration that all of us are created equal and all of us are endowed by our Creator with an inherent right to life, liberty and the pursuit of happiness. These declarations are what make the United States exceptional. It makes us proud to be Americans. And it's why I urge your support in putting ACA 5 before the voters.
- Greg Wallis
Legislator
This constitutional amendment honors the values upon which our nation was conceived. It ensures that all marriages are equal under the ayes of the law. In doing so, it brings us closer to achieving the equality imagined by our forefathers. Only by protecting all marriages can we guarantee all Californians access to this sacred institution for their own pursuit of happiness. I say that we don't have to understand someone's life to support that they have the right to live it. I have a hard time seeing it any other way.
- Greg Wallis
Legislator
As Republicans, we fight every day to preserve a limited government that does not infringe upon our personal liberties. A government that tells us what we can or cannot do. Why would we want government telling us who we can and cannot marry? That's the essence of ACA 5.
- Greg Wallis
Legislator
The right to marry the person whom we love and to whom we are committed is fundamental. Our California Constitution should be clear that government cannot interfere with that right. I've heard the criticism that ACA 5would somehow force a person to conduct a wedding even if they were opposed to the marriage.
- Greg Wallis
Legislator
As a person of faith, I would reject ACA 5if that were true. But it is false. Under the free exercise clause of the United States and California Constitutions, we have the right to worship God and practice our faith according to the dictates of our conscience. ACA 5 will not change that. Members, let the voters protect the pursuit of happiness. ACA Five is the preservation of our sacred American principles. It's an endorsement of individual freedom, and it's simply the right thing to do. I urge an aye vote on ACA 5.
- Chris Ward
Legislator
Thank you, Mr. Wallis. And as Assemblywoman Pellerin, you're recognized on the measure.
- Gail Pellerin
Legislator
Thank you. I rise as a co author of ACA 5 and also as a former county Clerk commissioner of civil marriage where I've conducted hundreds of weddings and it was so difficult to tell people who were same sex couples that I could not issue them a marriage license or I could not conduct their wedding. And when the courts ruled that same sex marriage was allowed.
- Gail Pellerin
Legislator
It was the most fantastic, beautiful day in my career. We had rainbow roses. We did three weddings every half hour. Anybody who wanted to get married could get married on that day. And it was just hearing the stories of people who have been together for decades and not allowed to have their love recognized in a legal marriage. It was just a fabulous memorable day for me.
- Gail Pellerin
Legislator
And then when Proposition 8 came on our ballot and I was also the Registrar of Voters, I could not take a position on that proposition. I think we did our last wedding about 11:00 p.m. That night, making sure that a couple could have their marriage legalized on that fatal day.
- Gail Pellerin
Legislator
And it was frustrating to then wake up the next day and know that I could no longer issue those licenses and could not conduct those marriage ceremonies until the Supreme Court ruled once and for all, this is legal. Love is love. I've also been quoted as saying love is essential and people who want to get married should be allowed to get married.
- Gail Pellerin
Legislator
So when I ran for this seat, when I was asked what was my top legislative priority, it was this it was to enshrine in our Constitution that love is recognized and you may marry whoever you choose, regardless of your sexual orientation, regardless of the color of your skin. So I stand proudly with my colleague from Silicon Valley in urging your aye vote on this very important measure that we're going to send to the voters, and we will once and for all settle this issue in California. Thank you very much.
- Chris Ward
Legislator
Thank you, Ms.. Pellerin. And Assemblymember Lee, you're recognized on the measure.
- Alex Lee
Legislator
Thank you, Mr. Speaker and Members. When Proposition 8 was unfortunately passed in the ballots, as many of our colleagues brought their guests, I was basically the same age as some of the guests today, some of the children. I was in middle school.
- Alex Lee
Legislator
And you know what? That sent the message. Look, the period between Proposition 8 and the Supreme Court finally overturning of the unjust law was basically some of the most formative time a young person can have when they're figuring out their identity. And what California as a state said to me was that queer people were illegal, and that was really hard to reconcile with.
- Alex Lee
Legislator
And I think as a joke back then, thinking back to it now, reanalyzing these memories, we would say all these things to say we're everything but queer. We'd say we're heteroflexible, we're metrosexual, all these things to each other. But the reality was clear is that it stuck with us to think that society, our own state, would say our existence is wrong and to think now a whole different generational shift is possible.
- Alex Lee
Legislator
We in the next year will be putting on the ballot affirmatively affirming that all people have the right to marry and that kids today who cannot even conceive. Just as our colleague from Sacramento said, cannot conceive that we ever outlawed this to begin with, who today don't even have to come out anymore. They just are.
- Alex Lee
Legislator
They just exist as they are. Will get to affirmatively see that our state cares about them, and vote for it, not just by technicality of the courts, not just because this is how society evolved, but firmly in the California Constitution is a huge win for the queer community and young people coming up. Because I know when I was growing up, it wasn't allowed to be so.
- Alex Lee
Legislator
It was legal. But even today, as young people see so many horrific things happening in the queer community today, and we're under attack, at least in California, we can say affirmatively right now, we are never going back. I urge an aye vote.
- Chris Ward
Legislator
Thank you, Mr. Lee and some Member Lowenthal, you're recognized on the measure.
- Josh Lowenthal
Legislator
Thank you, Mr. Speaker and Members. I had no plan to speak today, but something occurred to me as we were honoring our immigrant community here in the great state of California.
- Josh Lowenthal
Legislator
Today, on the same day, we have discussion on whether or not we should be enshrining marriage equality in our state constitution and came across some facts I think that many of you might like to hear. There are 66 countries with jurisdictions that criminalize private, consensual same sex sexual activity. Majority of these jurisdictions explicitly criminalize sex between men via sodomy, buggery, and unnatural offenses laws.
- Josh Lowenthal
Legislator
Almost half of those are Commonwealth countries. 41 countries criminalize private, consensual sexual activity between women using laws against lesbianism sexual relations with a person of the same sex. Gross indecency even in jurisdictions that do not explicitly criminalize women.
- Josh Lowenthal
Legislator
Lesbians and bisexual women have been subjected to arrest or threat of arrest. Twelve countries have jurisdictions in which the death penalty is imposed or at least a possibility for private, consensual same sex sexual activity. At least six of those implement the death penalty have actually implemented it.
- Josh Lowenthal
Legislator
Iran, northern Nigeria, Saudi Arabia, Somalia, Yemen. And the death penalty is a legal possibility in Afghanistan, Brunei, Mauritania, pakistan, qatar, UAE and Uganda. And 14 countries criminalize the gender identity and or expression of transgender people using so called cross dressing, impersonization, and disguise laws.
- Josh Lowenthal
Legislator
In many more countries, transgender people are targeted by a range of laws that criminalize same sex activity and vagrancy, hooliganism and public order offenses. There is no doubt why it is critically important for our state to be a beacon for the world and to be teaching the world what decency and human rights are all about. I respectfully ask for your aye vote on ACA 5.
- Chris Ward
Legislator
Thank you, Mr. Lowenthal. Seeing no other Members wishing to be recognized on the measure. Mr. Low, anything further to close?
- Evan Low
Person
Thank you very much, Mr. Speaker and colleagues. I appreciate the conversation. Permission to demonstrate some PDA via prop?
- Chris Ward
Legislator
Without objection.
- Evan Low
Person
Colleagues, this is a picture of me and my boyfriend. We've been together for close to four years. And I told him that I was going to be referencing him at work. And I told him that constitutionally, I was able to officiate a wedding, given our authority as Members, duly elected Members of the state Legislature, but that there could be a point in time in which we could not get married ourselves because of the direction of the Supreme Court. I just want to be like you. I just want to be like your daughters, your sons, your neighbors, your teachers, and to fulfill the basic humanity of love.
- Evan Low
Person
There is no vote more important and fundamental to basic human rights than the acknowledgment of love. No more. And as we push our button here today, I hope that we will have a resounding, bright, bright voting board of all green. Because at the end of the day, as a colleague from San Diego once told me, if they show you who they are, believe them, colleagues, let's show California that love will always win. I respectfully ask for aye vote on Assembly Constitutional Amendment 5.
- Chris Ward
Legislator
Thank you, Mr. Low. Clerk will open the roll. All those vote who desire to vote. All those vote who desire to vote. Clerk will close the roll. Tally the votes. Ayes 66, noes, zero. The measure passes. Members, we have an announcement. We have a birthday belated to announce today. On Saturday.
- Chris Ward
Legislator
Please wish a happy belated birthday to Assembly Member Pellerin. We have another motion that we need to be able to take up, so hang on there. In the meantime, I'm going to dispense with the consent calendar. We're going to move to file item 48, which is the consent calendar. Does any Member wish to remove this item? Seeing and hearing none. Clerk will open.
- Chris Ward
Legislator
The Clerk will read the second day consent calendar. The Senate Joint Resolution 4 by Senator Ochoa Bogh and others relative to veterans healthcare. Clerk will open the roll and consent calendar. All those vote who desire to vote all those vote who desire to vote on the consent calendar. Clerk will close roll. Tally the votes.
- Chris Ward
Legislator
Assembly Leader Reyes, you're recognized for your procedural motion.
- Eloise Gómez Reyes
Legislator
Thank you, Mr. Speaker. I request unanimous consent to rescind the action whereby earlier today, Joint Rule 62 A was suspended on SB 147.
- Chris Ward
Legislator
Without objection such shall be the order. Members at this time are quorum call is lifted. We are going to be moving to adjournments in memory. So we ask that you give respectful attention to those granted prior permission to speak on an adjournment in memory.
- Stephanie Nguyen
Legislator
Members, I have a vote change. Assembly Member Nguyen AB 241 from an aye to a not voting.
- Committee Secretary
Person
Vote change Assembly Member Nguyen Assembly Bill 241 aye to not voting.
- Stephanie Nguyen
Legislator
Members, please give your respectful attention to those who are granted prior permission to speak on adjournment in memory. And I'd like to call up Leader Gallagher for his adjournment and memory.
- James Gallagher
Legislator
Thank you, Madam Speaker and Members, I rise to adjourn in the memory of Gene Harris. Gene Clay Harris was born on August 19, 1929. He graduated from Biggs High in 1947 and after graduation he went on to study at UC Davis, majoring in AG business. Gene was drafted into the United States Army in 1951 and served two years as a disciplinary guard at Fort Ord and in Tokyo, Japan. He was honorably discharged in 1953. Gene was a lifelong rice farmer and mentor to many in Butte County.
- James Gallagher
Legislator
He was a committed community leader in Richville and throughout the agricultural community. He served on the Butte County Farm Bureau for many years. California Farm Bureau and the Richville Irrigation District.
- James Gallagher
Legislator
He was also involved with Cow West Seeds and served several terms with Aqua. In addition to that, Gene also dedicated himself to giving back to the local high school, biggs Unified School District and served on the Orchard Hospital Board of Directors. Gene was known to take his family to their cabin at Bucks Lake to escape the summer heat. He also enjoyed traveling, in particular cruises. I can remember many times seeing Gene at community events. He always had a twinkle in his aye and also a word of encouragement.
- James Gallagher
Legislator
He was very generous with his time and his money and he held strong core values of respect for his faith, family, friends and service to community. He was a devoted husband and an incredible father and grandfather. Gina survived by his son Robin, his daughter Shelley, his brother John and his stepchildren, Cheryl, steve, Cindy, Debbie and Dan as well as many grandchildren and great grandchildren.
- James Gallagher
Legislator
Jean was a man of strong core values and invaluable knowledge. He lived a life 93 years, a good life and he had an impact on so many in our community. Therefore, I ask today that the California State Assembly adjourn in the memory of Jean Clay Harris. Thank you.
- Stephanie Nguyen
Legislator
Thank you, Leader Gallagher. Assembly Member Boerner, you are recognized.
- Tasha Boerner
Legislator
Good afternoon, Members. I rise today to adjourn in the memory of Ira Sharp of Del Mar. Ira passed away as a result of acute pulmonary fibrosis in La Jolla on June 10. He leaves behind his wife and two children. Ira worked tirelessly to end gun violence through legislation, education and collaboration with his wife Roseanne. He cofounded Never Again California following the Parkland mass shooting to raise awareness on common sense gun safety policies.
- Tasha Boerner
Legislator
His advocacy stretched far and wide including trainings to prevent suicides and domestic violence. He believed that we should be able to go to the grocery store, school or perform other daily tasks without being at risk to our lives. Ira was a practicing attorney and law firm partner before shifting his efforts to state legislation.
- Tasha Boerner
Legislator
He was a key figure in securing the passage of AB 893 which banned the sale of firearms and ammunition on the State Homes fairground property in San Diego County. His creation of the Schools for Safe Storage Project informed parents and guardians of their legal responsibilities to safely store their guns and ammunition which led to a statewide version of the program. Ira was elected to serve the Brady Campaign to Prevent Gun Violence Board of Trustees as a public representative and was a Member of the California Firearms Strategy Group.
- Tasha Boerner
Legislator
The loss of Ira Sharp has been felt deeply in our community. We have seen an outpouring of love and support. His contributions to our state and every life he touched will not be forgotten. We are so grateful to Ira for his efforts to make California a safer place for everyone. May he rest in peace. And I ask that we adjourn in the memory of Ira Sharp.
- Stephanie Nguyen
Legislator
Thank you, Assembly Member Boerner. Assembly Member Ward. You are recognized.
- Chris Ward
Legislator
Thank you, Madam Speaker. As you can hear, it's heavy heart that we as San Diego's rise to adjourn in the memory of Ira Sharp. He was a valued community Member and he made a lasting and meaningful impact for San Diego and for California and we tragically lost him pretty suddenly last month.
- Chris Ward
Legislator
Ira's involvement in his leadership expanded a number of important organizations in the San Diego region. He was on the San Diego County Civil Service Commission, the Del Mar Foundation and served on several Del Mar City Council committees. But of course really rose to prominence and his leadership after the birth of his grandson in the Parkland mass shooting where he helped found Never Again California with his wife Roseanne.
- Chris Ward
Legislator
And he was elected of course after that to the National Board of the Brady Campaign to End Gun Violence. His passion for public service to help end gun violence it did serve several major accomplishments. You heard about this passage of Assembly Bill 893 to ban the sale of firearms and ammunition on State fairground property here originally in Del Mar.
- Chris Ward
Legislator
But of course how that catalyzed leadership to extend to all of our state fairground properties. And the Safe Storage Project with Superintendent Tony Thurman which sent letters to every public school district emphasizing the importance, the data driven importance of keeping our kids safe. And that parental information about how to store firearms is going to be able to do just that.
- Chris Ward
Legislator
Now, Ira strongly believed in the improving the lives of his family and his community. Always seeking to be an influence for good in his life. His compassion shown through in all of that life work, both as a husband and a father, but also as a dedicated community leader. Please join us in keeping Irish sharpened his family as our thoughts as we adjourn in his memory today.
- Stephanie Nguyen
Legislator
Thank you Assembly Member. Ward. Members, please bring the names to the desk to be printed in the Journal. Our request to adjourn a memory will be deemed, read and printed in the Journal. Moving to announcements, committee hearings, Joint Legislative Audit Committee will meet in Capital Room 437 upon adjournment of Senate and Assembly session. Transportation will meet in swing space room 1100.
- Stephanie Nguyen
Legislator
Upon adjournment of Senate session, revenue and Taxation will meet in Capital Room 126 at 02:30 P.m.. Natural Resources will meet in Capital Room 447 at 02:30 P.m.. Banking and Finance will meet in Capital Room 444 at 03:30 P.m.. The session schedule is as follows tomorrow, Tuesday, June 27, session will convene at 01:00 P.m. And Thursday, June 29, session will convene upon call of speaker. All other items remaining will be passed and retained.
- Stephanie Nguyen
Legislator
All motions shall be continued. Seeing and hearing no further business, I am ready to entertain a motion to adjourn. Assembly Member Wendy Carrillo moves and Leader Gallagher seconds that this house stands adjourned until tomorrow, June 27 at 01:00 P.m..
Committee Action:Passed
Next bill discussion: July 13, 2023
Previous bill discussion: June 21, 2023
Speakers
Legislator