Senate Floor

Secretary, please call the roll.

[Roll Call]

Members, a quorum is present. Would the Members and our guests be on the rail and in the gallery? Please rise. We will be led in prayer this afternoon by our chaplain, Sister Michelle Gorman, after which, please remain standing. We will be led in the pledge of allegiance to the flag by Senator Newman.

Let us bring our minds and hearts and bodies into God's presence, merciful and compassionate. Father, mother, God, we ask you to abide with us in all the needs of our lives. Enable our caring to be wise, our support honest, and our concerns thoughtful. May our loves as well as our fears be accurate. May our spirits be so open to your guidance that we will become faithfully daring, expectantly patient and responsibly hopeful with each other and with your people in our neighborhoods, our state and our nation.

We ask this in your name. Amen.

Colleagues and guests, please join me in the pledge of allegiance. I pledge allegiance to the flag, United.

States of America, and to the Republic. Privileges for all.

Members are going to move on to privileges of the floor, Senator Gonzalez?

Yes. Thank you, Madam President. Under privileges of the floor, it is my pleasure to introduce Los Angeles County Sheriff Robert G. Luna. Sheriff Luna was elected as the 34th Los Angeles County Sheriff on November eigth, 2022. Sheriff Luna commands the largest sheriff's Department in the United States, with nearly 18,000 budgeted, sworn and professional staff. Prior to being elected sheriff, Robert G. Luna served my hometown of Long beach as Police Chief for seven years.

In fact, we worked very closely together, capping a 36 year career at the Long beach Police Department. Senators, please join me in giving a warm welcome to Sheriff Robert Luna and of course his wife, Selena Sluna, who's also here and has an extensive law enforcement background, and welcome you to the State Senate.

Anyone that would like to take a picture with the sheriff, please move to the center aisle so that you can get in the picture. Thank you to Sheriff Luna for joining us here today. Moving on to privileges of the floor, Senator Mcguire.

Well, good afternoon, Madam President and Members. Today I rise with the good Senator from Napa to recognize and say a heartfelt thank you to a true California hero, Mark Guerladucci. He has proudly served this state as the Director of emergency services and now has retired, which candidly has upset many of us in these chambers because he is so damn good at what he does. And what he does is this, helping the good people of California when they need it the most.

Throughout his tenure as Director, Mr. Guerladucci has been the bright light during the state's darkest days. He coordinated California's emergency response to America's largest and most destructive wildfires. Massive earthquakes, historic droughts, cybersecurity attacks, challenges at the border, as well as this state's nation leading efforts to combat the pandemic. Now, through thick and thin, in big cities, in small and every corner of the Golden State, we could always count on Mark Guerladucci to show up.

And we can count on Mark to over deliver when folks needed help the most. Whether it was morning, noon, and in the middle of the night, Mr. Guerladucci always answered the call of duty. He coordinated efforts with local fire, EMT, and law enforcement. He brought federal and private sector and international agencies and resources to California to ensure that this state got what it's needed during and after disasters and during the global pandemic, which was the biggest challenge of his career.

Because of the director's efforts, this state saved countless lives. Mr. Director, I hope you know that we are forever grateful, and I want to end it here. On a personal note, thinking about what I was going to say today got me feeling pretty emotional. Since being elected to the Senate, myself and Senator Dodd have been able to get to know the Director pretty well because of the massive wildfires that have hit Northern California that we've experienced year after year after year.

And what we quickly learned is Mark Guerladucci is a cut above everyone else. He's a person of his word. He's the type of person that you would want on your side in the darkest of alleys. Mark was there for us when the North Bay and North Coast lost over 6000 homes during the 2017 firestorm. He was there for us after the Valley fire, which leveled entire communities in Lake County, and then the six other massive wildfires that claimed 60% of Lake County's landmass.

He's helped countless communities become more prepared and resilient. He led the efforts for better alert and warning systems across the state. He led the way to modernize the state's 911 system. And he fought the telecommunication companies and won to ensure that our telecommunication systems remain up and running, no matter what Mother Nature knows of it. Mark Guerladucci is a passionate and a caring public servant. He always and still does, leads from the front in every crisis. He never gives up.

And no matter what is thrown at him, he never backs down. He was successful in his role because it is so personal for him, always over delivering for those who are in need it most because he loves California. Finally, politics never played a factor. It was always about putting people first. He's famous at saying, one team, one fight. When disaster struck the state, there was not a better person to be leading the efforts than the Director himself.

Californians everywhere are grateful for the sacrifices and dedication given from the Director, including his amazing wife and his mother, who is here today. And while he's not going to go far, we are going to miss him deeply. We love you, Mr. Director. I would now like to better turn it over to the Senator from Napa. And by the way, I want to say thank you to this body. 37 Senators have signed on to this congratulatory resolution.

Senator Dodd, thank you very much. Appreciate the great words of our Senator from the north coast. I think you've said it all. Little did I know when I became the Geo Chair, I think it was in 2016 that I would become a friend of the Director of OES. Now, OES is one of the agencies that we look at on the Geo Committee, but I never in my wildest imagination would have thought that we would become again such great friends. And Senator Mcguire is right.

I shared Lake County with Senator Mcguire in the Assembly when I was first there. And we had a couple fires two years in a row there and then every successive year, it seems like up until a couple of years ago. And it was just amazing what a calming presence that he was in the face of. Amazing. You know, Senator Mcguire stole my line. I was just going know, go right forward on this one team, one fight.

Because let me tell you, when you get into these disasters and you've got, let's say, a mayor of a city, and they are going ballistic and in shock, and rightfully so, because something like this has never happened really to any of us. But to have that calming presence in the room telling everybody that it's going to be okay, that the State of California is going to be there, we're going to make sure we're there.

It's one team, one fight, not only today, but all the way through the end. And I'm telling you, Director Gil Arducci kept his word on every single commitment, not only to my district, but I believe every district, he made that word. And there were times, know, even on the Orville dam. He was very focused on that issue as well. I often did worry about you and your family, Director, because I couldn't imagine when you were ever home.

But I don't think I've ever said on the floor that I've loved a Director or I've loved anybody. But I do. I mean, that's the relationships that we build around this place. And I do love you, Director, and really appreciate all you've done for the State of California.

Senator Grove.

Thank you, Madam President. I, too, would like to echo my colleagues comments from Napa and the north coast. I can tell you, when I was in leadership, I had the opportunity to work with Marki. I always called you Mark because I couldn't pronounce your last name. But I want you to know that what my colleagues said was very, very true. We had the ridgecrest earthquake. He was Johnny on the spot. He made sure that we had everything that we needed. We had the stagecoach fire.

He was there, available. And even as a Republican in this body, sometimes there's a lot of discord, and there's, I think, discord that doesn't even need to be there. But I can tell you that every time I called, he gave me a cell phone number. And every time I called, he answered. He might say, Senator Grove, I can't talk right now. I'll call you right back.

But he always answered, and he always returned my phone call and gave me the information that I needed, especially during those tragedy situations that I talked about in my district. But he also responded immediately over Covid so that we could share the information that we got directly from him with the caucus. And so I just thank him for his service to this state. I thank you.

I wish you nothing but the best that God has to offer you for you and your family to be able just to sleep for a week and then go do something fun. So thank you, and God bless you, sir, for doing everything that you did to serve the people of the State of California.

Senator Dahle.

Thank you, Madam President. I, too, would like to just rise and talk about my friend Orville dam was, I think, the first time we really got to see something major happen in California, and the Director was there. Then not very long after that, we had the campfire. We saw the biggest tragedy in the nation, most lives lost, and he was there.

What we learned in the campfire was that if we had the ability to communicate in real time, we would actually been able to send people actually up the mountain, which is not logically what you think in a fire. You want to get to the valley. But Mark with his wisdom worked on the 91 r1 time, be able to speak. And I was in the Assembly at the time when we started that process, and I told him, I'm going to vote for this.

I know many people call it a tax, a fee, whatever. It was the right thing to do. And when I got to the Senate, I was able to vote for that Bill. And I want to thank you for your leadership on that so that we can actually talk to people in real time. I want to just share many, I've got to know him too much because we've had so many natural disasters in my district.

The cone fire was after the campfire, which was in the City of Redding. And the thing about Mark is that he brought the recycling. People think about, you don't think about all these other things that have to happen when you have a natural disaster, but the ability to be able to move all this burnt up cars and homes and the environmental damage that's done.

But Mark went out and incorporated all that actually said he got too good at it because when we got to the Dixie fire, which was the last big fire in my district, they actually came while the fire was still burning, set up, and had the recyclers there started talking about what we were going to do before the fire was even put out. Had the national folks there, had FEMA, had everybody there. So I want to say, mark, thank you. Thank you for your leadership.

Thank you for your ability to be able to think on your feet in times of crisis. And actually, as the Senator from Napa said, calm everybody, because your demeanor and your ability to be able to just make everybody go, we're going to get this. And again, everything that you promised, you delivered. I appreciate you. You are my friend. We will continue to, I hope you'll come fishing and relax in the district when it's not on fire.

And I just want to say thank you to your wife for loaning him to us and your mom for being here today. What a great tribute to, you've raised a great young man. How's that? And so with that, Madam Chair, I just want to say thank you again. You will be missed. And I look forward to you having a great retirement and spending some time that you need with your family and your friends.

Thank you, Senator Skinner. Thank you, Madam President. Members. Mark, I also want to thank you for your great work now that you're retiring. I remember when I was chair of a budget Subcommitee and also chair of the budget, not in Senate. But previously, various groups would come that would have a small grant program that we would be trying to figure out where to house.

And it was your office that was the most both amenable and had proper controls, but the least administrative hassle for organizations that were doing a pilot project or a small type of grant program. And everyone would always say, zero, yes, we love working with the Office of Emergency Services. So I wanted to give you those kudos.

And then during the pandemic, as most of us know, when we watched, unfortunately, we had very severe outbreaks in our state prison system, and very, very severe one at San Quentin due to the transfer of, unfortunately, some incarcerated individuals who had Covid at the time of the transfer. And San Quentin was not designed really to have closed, to basically limit that exposure.

And so we had a real awful outbreak, and it was Mr. Gillarducci and office of OES that set up an, in effect, temporary hospital on the grounds and really supported those individuals and really helped us fix a situation that could have led to a lot more deaths. And so I really want to give you that appreciation and thank you for your incredible work, and I hope you enjoy retirement. Senator Laird.

Thank you, Madam President. I served in the cabinet with Mr. Gill Duchy, as did, I think, the presiding officer today. And everything that was said thus far, I saw close up. I was with him in paradise. I was with him at Orville. I was on the tree mortality task force. And he played a few roles, one of which hasn't actually been mentioned yet. He was a translator, because you could say, what the hell is an fmag? And he would tell you, what is.

Why are we at level two? What is that? What are these five levels of disaster declarations? And what does each one mean? And he would take it apart and tell you and make sure that you knew. And then, lo and behold, it was mentioned about local officials having to deal with it. And I witnessed one of them that was obliquely referred to a very angry mayor at a fire. And then, lo and behold, I became one of those officials.

And as the fire raged through CZu and took 925 homes and came within 2 miles of my own house, he was that calming influence. I became the person that was a little dislocated, wanted to know why there weren't enough resources and why it was just our city fire Department cutting a break at the city limits. And he was a calming influence, and he is one that sort of got us there into understanding and the calmness.

And we were talking earlier about what it's like to leave a position everybody has described how he has worked all the time. What is this like, to leave that? And I think he's in a State of disorientation right now because he was working around the clock. And I describe it as you're surfing and then the wave breaks, you fall directly to the beach, and that's it. And that is what has just happened to him.

And so I hope we all remember who he is and engage him and make sure he understands what a level of appreciation there was for that around the clock service. He will truly be missed.

Senator Limon. Thank you.

Thank you. And I just want to add to the echo of individuals who have had an experience. I think the number of individuals who are here who are sharing their direct experience working with you to try to help a district is really telling of the fact that we all had you on speed dial. We all called you, we all solicited your help, as did our community. So we're so grateful for everything that you've done for our state.

I know that I got a chance to work with you in my first year in the Legislature with the Thomas fire, and then followed by the Montecito debris flow and watching how you led the incident command center from any part of the state, whether you were there with us, whether you were back up here, anywhere else, that the state needed you, you led multi efforts, not just of individuals who are based in California, but individuals coming from different states and different parts of the world, depending on the level of disaster.

So we're incredibly grateful for you, for everything that you have done. And just know that just in the same way that there's so many individuals speaking here today, you've left a very positive impression on what we do to lead and to provide direction in a time of crisis for our districts. Thank you.

Senator Mcguire.

Madam President, I want to say thank you. Thank you to absolute, heartfelt notes from each of the Senators. And again, I get choked up thinking about Director Guerladucci because of the good that he has brought to the state. The last item, as Madam Pro Tim and Secretary Contreras has reminded us, Director Garlici, in 2019, when the Senate Floor became a crime scene, he helped lead the way to be able to get us back up functioning and to get that resolved.

So, without further ado, if we can, please give a warm Senate welcome and a thank you to the best Director, Director Giladucci, state office emergency services.

That would like to be included in the photo. If you could go to the center aisle so that you can be included.

Moving on to Senator Jones.

Thank you. Madam President. And Members, it's an honor this afternoon to introduce a small business owner, mother of three, and Aztec fan, and my wife of 30 years, Heather Jones.

Welcome to the Senate Floor. We're very pleased and proud to have you here with us today. Members, we're going to move on to. Messages from the Governor will be deemed read, messages from the Assembly will be deemed read, reports of Committee will be deemed read and amendments adopted. Moving on to motions, resolutions and notices it without objection, the Senate journals for March 202023 through March 232023 will be approved as corrected by the minute Clerk.

Senator Nguyen, you have something to move to the inactive file?

Yes, Madam President. I'm trying to find that Bill number. Thank you. Sorry. Scr eight, move to enactive five for purposes of amendments that objection. Thank you.

Thank you very much. Members are going to move on to consideration of the daily file. Second reading. File items one through five.

[Second Reading]

Moving on to governor's appointment. Senator Laird, file item number 10.

Thank you, Madam President. File item number 10 is the confirmation of Audrey Dow as a Member of the Student Aid Commission. She is the Senior Vice President for the campaign for College Opportunity. She was approved by the Rules Committee on March Eigth. I respectfully asked for an I vote.

Is there any discussion or debate on this item? Any discussion or debate? Seeing none, please call the roll.

[Roll Call]

Please call the absent Members.

Alvarado, Gill. Aye. Ashby, Rubio, Stern.

Ayes 29. Noes eight. The appointment is confirmed. Members are going to move on to Senate. Third reading. Senator, file item number 22. Senator Skinner.

Madam Secretary, please read.

Senate Bill 100 by Senator Skinner. An act related to budget act of 2023.

Thank you, Members or President and Members, SB 100. And then the bills following to 219 are being sent over to the Assembly for the Purposes of Becoming Budget trailer vehicles. As part of this process, the Assembly will send a similar number of bills over to our house. Together, these bills will contain the final implementing statutory language for our 202324 budget. When we adopt it, the language that will be added to these bills is being vetted through our Budget Committee and the Subcommitee hearings.

The majority of this language has been posted for anyone to review on the Department of Finance website. Since February 1 through today, the Senate has held three full Budget Committee hearings and 15 Budget Committee hearings. I think actually there's been more, with additional hearings scheduled through to mid May. We are well underway in the consideration and crafting of the 2324 budget. There is much work remaining to make sure a balanced and well considered budget is delivered to this floor by June 15.

And this is just a procedural step to ensure the on time delivery of our 2324 budget and the associated bills. So let us proceed towards getting a budget completed, and I ask for an aye vote.

Senator Jones.

Thank you, Madam President. I have amendments at the desk for this Bill.

Madam Secretary, please read amendments by Senator Jones.

Senator Mcguire...Senator Mcguire. I neglected to give Senator Jones an opportunity to speak. Senator Jones.

Thank you, Madam President. Members, I arise to offer amendments to SB 100. Before I get to the substance of the motion, I think it's important to explain why I'm doing this here today, our colleagues enjoy a supermajority in this chamber, which, according to Senate rules, gives them the control over what bills we vote on. However, the same Senate rules give us, in the minority party the right to amend a Bill on the Senate Floor.

These amendments are known as hostile amendments, or what I'm calling this morning or this afternoon, helpful amendments, and I will be proposing one right now. Now, as the author has stated, there is literally nothing in this Bill before us. It will be passed blank and filled in with language later. I say, why the haste? Why waste the time and energy on a blank Bill? Let's all do something good here this afternoon.

It's time, as a legislative body that we correct and fix a Bill that is wrecking havoc in our communities across California. I am referring to Senate Bill 357 from last session that legalized loitering for prostitution and took away a critical tool that law enforcement officers used to help sex trafficking victims. SB 357 makes enforcement of prostitution and human trafficking laws extremely difficult and impractical. So while it doesn't explicitly legalize prostitution, it does make these crimes easier to commit and more difficult to prevent.

In 2021, SB 357 was supported by 29 Democrats, and all Republicans voted no. SB 357 was so controversial that it took more than nine months for the Governor to sign it after it was passed. And when he finally did sign it, he sent a formal letter that said his Administration would, quote, monitor crime and prosecution trends for any possible unintended consequences and will act to mitigate such impacts, end quote.

We now know that what those unintended consequences are as communities throughout California are asking for a repeal of SB 357 for putting their families at risk and worsening sex trafficking rings many of the victims which are underage. Last month, a local television station detailed with video.

I'm going to ask you to speak to the issue which is on budget. I think we've gone a little bit off.

I'm speaking to the content of my amendments, Madam President. Thank you.

You may proceed.

I'm almost done. Parents and residents were asked if this with video, sex workers soliciting right outside of a catholic school in east Oakland. Parents and residents were asked if this is a regular occurrence outside of the school. They said it's every day during all periods of the day. The situation is so bad in San Francisco that officials there have put up barricades on Mission street because of the increase in sex work and traffic.

An aide to a county supervisor's office went on a ride along with police and described the scene like this. It was shocking. It was something we have never seen before, that intensity that much, that many sex workers, pimps standing there. Law enforcement officials in San Diego and ChuLA Vista are calling for a repeal of SB 357. National city Police Chief Jose Diaz asked, how many more victims do we need to have in sex trafficking before we realize that this is not a good law?

The proof is clear. The law has done nothing but empower pimps and further endanger trafficking victims. If history is any guide, as I think is already being indicated, the majority leader is going to ask to lay this motion on the table. He will be asking his fellow Democrats to vote aye, I will be asking all of us to vote no.

I know this seems backwards, but a yes vote on laying these amendments on the table means letting a bad law stay on the books that isn't working as intended and in fact, is allowing more women and young girls being sex trafficked. It means less arrests of pimps that are sex trafficking and law enforcement having fewer tools to help victims left out on the street.

A no vote means that this law has a chance to be repealed, which will help victims of sex trafficking, end pimps free rein on sex trafficking, and give law enforcement all the tools they need to protect women, young girls, and all victims of sex trafficking. The truth is students, residents, business owners, tourists, and the very sex workers engaging in this activity are victims of this bad and dangerous piece of legislation, I ask if the majority vote makes a motion to lay these amendments on the table. I ask politely for a no vote.

Senator Mcguire.

Thank you so much, Madam President. I think we all know, Madam President, that the number one commitment of this body is to be able to keep this state safe. It's not about sound bites. It's about smart policy. I think that's what we are all committed to here in the State Senate, is to be able to keep Californians safe. Hearing that, respectfully asked to lay the amendments on the table and would respectfully ask for an aye vote.

Senator Mcguire asked for an aye vote. Senator Jones asked for a no vote. Please call the roll.

[Roll call].

Please call the absent Members.

Ashby, Rubio, Stern.

Ayes 29, no's eight. The amendments have been laid on the table. Members, we're going to move on to discussion or debate in the Bill in chief. Is there any discussion or debate on the Bill in chief, seeing none. Sorry, Senator Niello.

Thank you, Madam President. So I think all of you know this is a return visit to the Legislature for me. I served as Vice Chair of the Budget Committee in the Assembly. And served with my friend Senator Laird, who was the chair. In fact, in our first Budget Committee meeting this year. We talked about the horrible budget that existed in our final years in the Assembly. And the challenging budget we have now. And Senator Lara De Pine, that perhaps it's my fault.

I assure you it is not. But I will also assure you that when I served as Vice Chair of the Budget Committee in the Assembly side, our process allowed for informed involvement throughout the whole process. It was quite transparent. Certainly more so than that which we see now. To introduce hundreds of empty spot bills only later on to be substance, to be changed. And sets the stage for rushing everything through at a later date that is anything but transparency.

And as I'm told, as I said, the process has changed a bit since I was here 12 years ago. As I'm told in the past, these complicated treasure trailer bills go into print late on a Sunday night before an early morning budget hearing. And that's the only place where the public or the rest of us can opine on the substance of these bills.

Now, a couple of months ago, George Skelton wrote a column about the remodeling project here, and he pointed out that the new annex is going to be of a glass nature, which he said, he asked, and was told that that was to show the transparency of this institution. Well, I would suggest that introducing hundreds of empty trailer bills now, only to have substance inserted to them with very little bit of notice at a later date, is anything but transparent. I urge a no vote.

Any further discussion or debate? Seeing none. Senator Skinner?

Thank you so much, Madam President and Members, as I opened, this is procedural, and we do this every year, and we have done this since I was the budget chair in the Assembly. And I think, obviously, as the comments were made, and we do not use these bills for anything other than budget bills. And additionally, we have Budget Committee hearings on those bills before we adopt them, as well as we have then the floor adoption.

And with the 72 hours law, it is guaranteed, even if the final budget negotiations go through the nth hour, that they will be in print at minimum 72 hours before they are adopted. And most often they are adopted in the Budget Committee. And it's a very slight change that ends up being made before it goes to the floor if there's something that is negotiated between the three houses. So, again, this is procedural.

We move our Senate bills over to the Assembly and sit them there to be able to be the budget vehicles. The Assembly will move their bills over to us to sit here to be the budget vehicles, since both houses have to pass them. And again, procedural vote. And with that, I ask for your aye vote.

Madam Secretary, please call the roll.

[Roll call].

Please call the absent Members.

Ashby, Rubio, Stern.

Ayes 29. no's eight. The Bill is passed, Members, the following bills will be deemed read a third time. Senate bills 101 through 219 file items 23 through 141. If there's no objection, the previous roll call of 29 ayes and eight no's will be applied to the Senate bills 101 through 219. Seeing no objection, the bills are passed. Members, at this time, take a brief pause. Members, at this time we will recess the regular session and convene the joint convention for the State of the judiciary address.

Without objection, the Executive and a photographer will be allowed on the floor. Want to invite Senator Umberg to please come forward. Okay, Members, we're going to take a five minute recess as we bring our guests onto the floor. Want to ask you please stay on the floor. We have further business to do today.

On the floor, and I want to remind Members that you need to stay on the floor because we're going to get started and we are not finished for the day. We have more things to do.

That may be joining us. Okay, let me see. Members, we're going to begin today with Senator Umberg.

Well, thank you, Madam President. Good afternoon, and welcome to the 2023 State of Judiciary Speech. It's been a while since we've been able to do this in person, and I don't think I've seen such an august group of leaders gathered here in the Senate Chamber, but I've only been here 32 years or so. This is a tribute to the independence of our coequal branch of government and also to our newest Chief Justice. We're gathered here. Our colleagues from the Assembly will be joining us soon.

I think they're voting on something very important, Governor. I don't know if you know about this, but yes. And attribute again to the Chief Justice and the branch that we have, the Attorney General here, Rob Bonta. We have the Governor of the State of California here, and we have leadership. So I want to also encourage--I see a number of important members, leaders of the Bar and the Bench.

Members, when you get a call from the judges asking to come to work with them one day, please do so so we can see the important work, creative work, that's being done by our coequal branch of government. So, without further ado, let me turn this back over to the Presiding Officer, Senator Caballero.

Thank you, Senator Umberg. Members, the following Members have been selected as the Escort Committee: Senators Umberg, Wahab, Durazo, and Wilk, and Assembly Members Maienschein, Cervantes, Connolly, and Reyes. Members, please go to the rear of the chamber to escort the Chief Justice to the rostrum. Chief Justice, we are so proud and pleased to have you here with us today. Welcome. I'd like to now introduce our speaker, Speaker Rendon.

Apologies. We were busy. It's good to see everyone. Thank you. It's a pleasure to be here in the Senate Chambers for this historic event, and I'm excited to hear the first State of the Judiciary Address by California's first Latina Chief Justice, Patricia Guerrero. In recent decades, California has been rightfully proud to add a series of historic firsts on the diversity front, both in elective office and in the judiciary. Diversity has made California great for centuries, and our Chief Justice will continue that tradition.

Many of us have had the opportunity to gather with Chief Justice Guerrero before this moment, since she has administered our oath of office when we began the two-year session in December. We have a lot of work to do, as I'm sure she will discuss in today's address. So let's get on with it. I now have the honor to introduce my admired friend, colleague, and Senate counterpart, Senate Pro Tem Toni Atkins.

Well, thank you, Mr. Speaker. Thank you for being my legislative partner. It's good to have you in the Senate Chamber. So let me say good afternoon and welcome to the 2023 State of the Judiciary Address. To the elected officials, the members of the legal community, and the Judicial Council, and all other distinguished guests, I want to thank you for being here with us today.

And of course, being from San Diego County, I'm going to give a special welcome to all of our friends who are here today from San Diego, especially to be part of this address. Yes. Those were the San Diegans clapping. Governor, it's honor to have you here with us today. I know that you had a small role in her being here today with us, so we want to acknowledge you for that, and thank you.

After a few years hiatus necessitated by the pandemic, I am so pleased that our colleagues in the judicial branch have reconvened to provide their State of the Judiciary back in the Senate Chamber. Here in the Legislature, we craft laws we hope support our communities, strengthen our economy, and ensure just treatment for all people.

We debate and we refine public policy, but we're building on a foundation of legal precedents laid down by our predecessors, and we rely on our colleagues in the judicial branch to help interpret the laws that we have enacted. California court decisions have a very real, immediate effect on the lives of our state's 39 million plus residents and inspire advancement of jurisprudence in other states and federally.

In the wake of last year's devastating United States Supreme Court decision and the cruel actions of courts in other states, the power and the precision of the California courts has never been more critical to the health and liberty of people everywhere, not just in California. I particularly, before I turn it over, want to welcome the Associate Supreme Court Justices who are with us today with our great thanks, Carol A. Corrigan, Goodwin Liu, Goodwin Liu, Leondra Kruger, Joshua Groban, Martin Jenkins, and Kelli Evans.

I am overwhelmed with pride to introduce a fellow San Diegan and our newest California Supreme Court Chief Justice Patricia Guerrero. To better represent the tapestry of communities and cultures that make our state great, the Supreme Court has evolved to be more reflective of our diversity.

The daughter of immigrants, Chief Justice Guerrero is the first Latina in California history to serve on our state's highest court, and she is the first Latina leader. So on behalf of Speaker Rendon and I, please join us in welcoming to the Senate Chamber California's Chief Justice, Patricia Guerrero.

Thank you, Senate President Pro Tem Atkins, Speaker Rendon, Attorney General Bonta, and of course, Governor Newsom. I am proud to be with you here today and with my colleagues and staff from the California Supreme Court, justices, judges, and court executives from throughout the state, the Judicial Council, California Judges Association, the Bench-Bar Coalition, and our justice system partners and stakeholders.

I'm especially thankful that my family is here or intended to be, my husband Joe, who's my biggest supporter, and our two sons, Anthony and Christopher, our greatest source of pride. And during the first State of the Judiciary, addressed by a Latina Chief Justice of California, I would like to say, *bienvenidos a todos sobre todo quero dar las gracias a mi papa quiero pudostar aqui connosotros pero sientra presta mi corason y siempre mia poya.*

I was honored to be nominated by Governor Newsom as California's 29th Chief Justice, the third woman and the first member of a Latino community to hold this position in our constitutional democracy and to be elected to a 12-year term by a vote of the people of California. I would like to share with you and with any of the voters who may be watching a little bit about myself before discussing the judicial branch.

I am from the rural town of Imperial in the Imperial Valley, the daughter of Mexican immigrants. Like so many other immigrants to this great country, my parents came here to escape poverty and to build a better life for themselves and for the family that they hoped to have. They sacrificed and they struggled to give me and my sister Claudia a better life and the privilege of being able to pursue the American Dream, and for that I am forever grateful.

I learned the importance of hard work and perseverance from my parents. For my dad, Jorge, it was tough backbreaking manual labor in the heat of the Imperial Valley working as a cowboy, taming wild horses, working as a farrier, and competing in rodeos. As a child, I always thought he worked that hard because he simply enjoyed it since he never complained about the grueling work and the long hours.

He later explained to me that he worked hard because he had to so that I could work doing something that I love. I now have the privilege of being able to do that, and I hope to apply the same work ethic that I saw my father model. My mother, Armita, cared for neighborhood kids in our home and later volunteered in an elementary school. She was my role model for strength and independence. She was an avid reader who taught me the importance of an education.

She taught me it is important to help people who are less fortunate than you, no matter what your own station in life may be. And I have tried to emulate the kindness and generosity toward others that I saw my mother and my sister emulate. Although neither of my parents had much of a formal education, they taught my sister and me valuable life lessons. They taught us to value our family and our culture. They taught us to thank God for the many blessings that we have.

They taught us to believe in ourselves and to have compassion for other people. They taught us never to look down on others and to never let anyone look down on you. And both of my parents encouraged us to follow our dreams. My dreams were shaped in part by one of my teachers who told me that if I continued to do well, I could go to a good college like Berkeley or Stanford, and I was fortunate to be able to go to both.

I started work at a local grocery store in the Imperial Valley when I was 16 years old. When I got into Berkeley, the first thing I did was go to a grocery store, get a job there. I financed my education through scholarships and part time employment, working more than 20 hours a week. I earned my law degree from Stanford Law School. After graduating, I worked as an associate at a major law firm in San Diego and later at the same firm in San Diego--in San Francisco, I should say.

I served in the U.S. Attorney's Office as a federal prosecutor, and then I did return to the same firm in San Diego where I made partner and focused on complex litigation matters. While in private practice, I still did pro bono and volunteer work. That ultimately led me back to public service in the family law division of the San Diego Superior Court, and then on the Court of Appeal, and now the California Supreme Court.

That's a brief overview of my path from the Imperial Valley to the California Supreme Court, where as of today, I have now been in office 85 days. Although the details may differ, it's a story common to many immigrant families who came to call California home. And it's the idea, as Governor Newsom describes it, that every person can achieve a better life in our state, regardless of where they came from.

I recognize that I did not get here alone, and many others have helped to pave the way. I would like to thank my predecessor, Chief Justice Tani Cantil-Sakauye. Appropriately, during Women's History Month, I would also like to highlight the fact that this is the first transition of judicial leadership from one female Chief Justice to another, and from one person of color to hold this position to another.

We are both the beneficiaries, certainly of our own hard work, but also a decades-long commitment to building a pathway to the bench for qualified minority candidates by successive governors, the legal profession, and the judicial branch in partnership with bar associations and educators.

That commitment required a pathway to become an attorney, which before that required a belief by young people throughout the state that they could and should join the legal profession. And it required action by successive governors--in my case, Former Governor Brown--and Governor Newsom to consider, promote, and encourage qualified applicants for appointments to the bench.

I expect there will be more appointments and transitions like this and with other variations in the future, and I certainly look forward to the second, third, and fourth occasions as what has been and still is, in some ways exceptional, becomes normal in all areas of public service throughout our state. As I embark on my own tenure as Chief Justice, I will be informed by the lessons of my predecessors and their dedicated work.

Chief Justice Cantil-Sakauye weathered the storms of the Great Recession and a global pandemic and brought greater predictability and accountability to the judicial branch budget. Chief Justice Ron George strengthened the judicial branch with the creation of a single level trial court system and a transition from county to state court funding. And Chief Justice Malcolm Lucas did the same with his strategic planning for the judicial branch.

And Chief Justice Rose Bird helped generations to come by breaking gender barriers in our courts. Four leaders who built on the foundation for improving the administration of justice and enhancing fair and equal access to our court system for all Californians, I too hope to continue their important work.

And now I am privileged to serve on one of the most talented and diverse high courts in the nation, a collegial bench with a broad range of backgrounds and experience, all committed to justice and the rule of law, and perhaps one of the most innovative of state high courts, setting precedents in criminal justice, civil liberties, racial integration, and consumer protection that influence other states and even the federal bench.

75 years ago this year, the California Supreme Court, in the matter of Perez versus Sharp, ruled the state's ban on interracial marriage unconstitutional, and this occurred nearly two decades before the United States Supreme Court's landmark decision in Loving versus Virginia, which finally struck down similar laws throughout the U.S. Every day, the dedicated public servants in the judicial branch work to provide fair, equal, and accessible justice to all Californians no matter who they are or where in our state they call home.

They are all served by seven Supreme Court justices with 146 staff, six regional district courts of appeal with 106 justices and 762 staff, 58 county trial courts with 2,005 judicial officers and 17,272 employees, all working out of 447 trial court facilities, 28 members of the Judicial Council with 740 staff, all serving nearly 40 million Californians. Whether you come from urban, suburban, or rural populations, coastal, inland, or mountain communities, agricultural, industrial, or technology centers, all of these communities and locations are served by California's courts.

They were served by judicial officers who, like me, on January 2nd, took an oath of office to support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic. It's an oath that I proudly share with all of you in the Legislature, many of whom I had the opportunity to administer the oath of office to in December.

Our shared commitment to public service, the rule of law, and equal access to the opportunities provided to all Californians in this most diverse state in the nation continues to be focused on fairness, equity, and inclusion. I know that just like you--or just like me--34 of you are new to your roles in the Legislature or have changed roles between the Assembly and the Senate.

So I invite you, and indeed all of the legislators, to visit your local trial court through the Judicial Council and California Judges Association Day on the Bench program to really learn more about how your constituents access their local courts and how the courts serve your communities. As former U.S. Supreme Court Justice Sandra Day O'Connor once noted, 'the executive branch has the power of the sword, the legislative branch has the power of the purse, and the judicial branch has the power of the quill.'

The executive and legislative branches enacted about 1,200 new laws in 2022, and many of them take effect in 2023. The judicial branch, our courts, interpret those new and existing laws and create case law through decisions that help to clarify the law and to provide uniformity for those future use or application of.

Of your laws. And that is how our constitutional democracy works and succeeds, with defined duties, roles, and responsibilities combined with necessary checks and balances between the branches of government, all in service to the people. In terms of my own duties and responsibilities as Chief Justice of Cal California, I wear three hats, as many of you know, and for those of you who don't, that means my work effectively tripled starting in January.

In addition to serving as one of seven justices on the Supreme Court with additional administrative responsibilities for the court, I also lead the judicial branch and collaborate and advocate with their sister branches of government. And I chair the Judicial Council of California, which is the policy and rulemaking body of the judicial branch.

In my role as Chief Justice and chair of the Judicial Council, I want to thank former Administrative Director Martin Hoschino and the current Judicial Counsel leadership team, Justice Marcia Slough, Justice Karen Fujisaki, Judge Marla Anderson, Judge Kyle Brody, and Judge David Rubin, and judicial counsel and Advisory Committee Members and acting Administrative Director Millicent Tidwell and her Executive team for facilitating the transition the smooth transition of leadership within the judicial branch being a Judicial Council Member is like having a second voluntary job, and I stress voluntary because of their dedication to public service and to improving the Administration of justice.

Combined with the quality services and access provided by courts throughout California, the State of the Judiciary is strong. I plan to continue the collaborative work among the three branches of government to maintain and enhance the positive working relationship that have led to three branch solutions to address many issues facing our state and its people. There are many pathways that lead to interaction with our justice system, and some are more challenging than others.

So I applaud Governor Newsom and all of you for your efforts in exploring ways that meet and address the needs of Californians with untreated mental health, substance abuse challenges and in crisis to gain access to housing, treatment, and care. And the judicial branch will continue to play its role in supporting efforts through initiatives like our collaborative courts. The collaboration and the collaborative three branch solution process we have in California.

Government has also had a positive impact on the judicial branch budget in terms of available resources and stable funding to improve and expand court services, transparency and information sharing with you and with the Administration. Facilitating critical support from justice system partners and improving fact driven, data driven decision making has enhanced meaningful access to justice. Together, our collective efforts have made great progress toward achieving adequate, stable, and sustainable funding for the courts in recent years.

The judicial branch budget, as many of you know, makes up about 1.7% of the total state budget, and we're doing a lot with those taxpayer funds in the local communities that we all serve, as it should in good government. These critical ongoing investments come with increased accountability in reporting on various trial court and budgetary operational metrics.

This year we provided our year one report to all of you in the Legislature on trial court operational metrics with various specified operational and budgetary data, and I look forward to more information sharing and discussions as we work through this year's budget process. We do so against the backdrop of working to adapt to a post pandemic environment.

Governor Newsom declared an end to the Covid-19 State of emergency last month, and while the impacts are still being felt by many, we are carrying forward the lessons learned from the necessity of having to change how we traditionally provided services during COVID The most striking of the lessons learned for the judicial branch is remote access, remote access to services, remote access to case information, and remote access to hearings and proceedings.

For many years, the judicial branch has been focused on three fundamental principles for access to justice, physical access, equal access, and remote access. We have been moving from inline to online whenever we can do so in a most effective way and when permitted. And we are using while we were using actually the funding that we received from you, the innovation grant funding, and developing strategic and tactical plans for technology, society was also evolving around us. The courts serve all of the generations.

I won't go over all of them, but from the golden generation to I guess it's now, my son was telling me, the alpha generation and future generations to be named, and we must continue to meet people where they are. The younger generation, they're digital natives. They expect to access services and their government, not just online, but also on their smartphones, and they make up half of the nation's population.

So we have experienced the need to adapt because of COVID but also because of the changing demographics of court users and how they want to interact with us. But what we learned during the pandemic is that remote worked for pretty much everyone involved. There are still challenges with the digital divide and technology, but we can work together on solutions that are fair, equitable, and just. Feedback that we have received from the remote technology users in trial court civil matters has been overwhelmingly positive.

Courts held more than half a million civil remote proceedings over a seven month period, and more than 96% of the users during those remote proceedings reported that they had very favorable experiences. Our data shows that all 58 county superior courts are able to hold proceedings remotely in at least one case type and 39 in all or most case types. Juvenile delinquency and dependency users reflect that case.

Clearance rates in those categories actually improved over pre pandemic levels, and the youth participants in these cases preferred the online experience rather than having to appear in court. In some instances, vulnerable court users like victims of domestic violence and elder abuse, reported that they had less anxiety and stress by not having to come and appear in court with their alleged perpetrator. Collaborative court participants also were able to appear remotely without disrupting drug or medical treatment.

And lastly, remote proceedings also helped with equity and fairness issues for people who otherwise would have to miss work, travel long distances, or incur transportation or other expenses to make very brief remote proceedings. The Supreme Court and the Judicial Council also leveraged technology to conduct remote proceedings and business meetings and now can accommodate a hybrid participation to get the people's business done.

Beyond technology, we are all also keenly aware of another major transformative driver, and that is the impact of climate change on our ruled nation and state. With our western state neighbors, we are dealing with ongoing issues of access to water for our communities and industries. Thanks to your support, the Judicial Council has created an environmental program that's focused primarily on water law issues. This past year, we provided water law education programs and made resources that were available across the state.

We're following up on these efforts with an environmental law summit this summer, along with publications, podcast, and more training on issues related to the complex areas of waterlog, climate change, and environmental litigation. And with this expanded focus, we'll be better able to contribute to the broader policy discussions on water issues and their interaction with the court system. As I mentioned earlier, California's court system continues to become more diverse and more reflective of the wide variety of communities we serve.

At every level of court operations, it's now possible for a Member of the public to see someone who looks like them or who has a background and identity like them. Our state's diversity is a strength. For the 17th straight year, the data shows a steady increase in the number of women and judges of color. Female judicial officers now constitute nearly 40% of all judicial officers. The percentage of Asian, black, and Hispanic judicial officers nearly doubled since 2006 when we first began keeping the data.

And we've made progress and have established a solid foundation that we can continue to build on into the future. Last December, the Judicial Council voted to amend our judicial branch strategic plan to further elevate and embrace our representatives, our representation and responsiveness to individual and group differences, to leverage diversity, to foster an environment of respect and engagement.

And what we did is added the word inclusion to our number one judicial branch goal an inclusive court is one in which individuals are, and more importantly, feel like they are respected and engaged. So our number one goal now is access, fairness, diversity, and inclusion. Last year, through a legislative Bill, we included Native American Day as the judicial branch holiday.

And this year, for the first time through another Bill that the Judicial Council supported, we will be celebrating Juneteenth as a state holiday, and this coming Friday, we recognize Caesar Chavez Day. These and other such recognitions are reminders of the importance of the work on access, fairness, diversity, and inclusion that is ongoing through initiatives across the branch. The Judicial Council's Advisory Committee on providing access and fairness is also developing a racial justice toolkit for the courts. We're working on expanding gender neutral forms.

Education on unconscious bias and the prevention of discrimination and harassment is now mandatory for all judicial officers, and we're continuing to expand language access services. The list goes on and the work goes on some may ask why I choose to focus on diversity during my first State of the judiciary address as Chief Justice of California. And my answer to you is because it's important.

I would like to share a story regarding one of my recent outreach efforts when I was participating in a program and visiting an elementary school. Through the power of democracy program, the students were learning about the three branches of government and the judicial branch's role in upholding the rule of law. Before I arrived, one student who did not speak English was told by one of his classmates who was translating for him, that someone like him was now Chief Justice of California.

He and I were introduced and we had an opportunity to talk, and the lesson for him was concrete. For that young student and for others like him, I believe it matters that they can see some of themselves in the Members of our courts when they look to this court, I believe they will also see a long tradition of judicial excellence. I hope to contribute my own voice and strengths to that rich tradition of leadership as I embark on my tenure as Chief Justice of California.

In my role, I will strive to learn from my predecessors. I will reconsider past practices, look for areas of improvement, and be transparent and accessible. In short, I will remain committed to access, fairness and equal justice.

Some of my priorities include safeguarding and enhancing public confidence in the judiciary through programs like our civics learning initiatives and mentorship and training efforts increasing access to justice, including through the use of technology and increased provision of pro Bono legal services increased transparency, improving efficiencies and increasing productivity without sacrificing quality and advocating for a stable budget that the judicial branch can continue to count on to make public access to justice a reality in all 58 counties.

In short, learning from the past, continuing our reputation as the finest state court system in the country, and holding my office in trust and safeguarding it for the next Chief Justice and the next generation of leaders. And I invite all of you to join me in that journey, because together we can make a difference. I would like to close with the word about my mother. My mother made everyone in her world feel seen and included.

She passed away from breast cancer nearly three years ago before I was able to share this experience with her. And my address to you here today is a tribute to her, her American dream realized. The experiences of both my parents raising a family in the Imperial Valley, living in an immigrant community with what on the surface appeared to be limited resources and opportunities taught me the importance of caring for others rather than just looking out for your own self interest.

As Dr. Martin Luther King, Jr. Expressed in his sermon titled three dimensions of a complete life, life's most persistent and urgent question is, what are you doing for others? It's my answer to Dr. King's question and the lessons from my parents that has brought me here together with all of you today. A collective of individuals dedicated to public service, a collective of individuals committed to doing good and what is right for others. Let's continue to work together collaboratively.

Let's continue to question the issues and search for possible solutions. And let's continue to focus on the good that we can do for the Californians that we all serve. Thank you for listening.

Thank you very much, Chief Justice Guerrero, for being here today. Thank you to the Members of the Supreme Court who have joined us, as well as the Members from the Judicial Council. The Senate is honored to have you join us today. And I also want to thank our distinguished guests, Governor Newsom, Attorney General Bonta, Speaker Rendon, and also Members of the Assembly. At this time, we'll be recessing the joint convention of the Legislature and take a five minute recess.

I want to remind all Senators, please remain on the floor and thank you all for attending. Members, we're going to start up again in 30 seconds. 30 seconds, Members. The joint convention is now adjourned. At this time, we will convene the first extraordinary session. The prayer and the pledge will be deemed complete. Moving on to Assembly. Messages. Madam Secretary, please read.

Madam President, I am directed to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution number one without objection.

We will take up ACr one without reference to file. Secretary, please read the resolution.

Assembly Concurrent Resolution number one. By Senator Mcguire.

Senator Mcguire, thank you so much, Madam President. This resolution, ACR one, adjourns the first extraordinary session. I respectfully ask for, and I vote.

Senator Jones.

Thank you, Madam President. I rise in opposition to the resolution to adjourn the first extraordinary session. I know that there's a couple of bills that have been introduced in that session that still have not been heard in Committee, and we would like to have those heard. So I would ask for a no vote.

Senator Mcguire asked for an I vote. Senator Jones asked for a no vote. Madam Secretary, please read, please call the roll.

[Roll Call]

Please call the absent Members.

Ashby, Eggman, aye. Grove. No.

Rubio Stern ayes 29. No's, eight.

The resolution is adopted. Members, the first extraordinary session is now adjourned. We will reconvene the regular session if there's no other business. Senator Atkins, the desk is clear.

Thank you, Madam President. Thank you, colleagues today for the session and being part of the ceremonial Judicial Council. Overview with that. The next floor session is scheduled for Thursday, this Thursday, March 302023 at.

09:00 a.m., Members, the Senate is adjourned. We will convene Thursday, March 30, at 09:00 a.m..