Assembly Floor

The Assembly is now in session. Assembly Member Wood notices the absence of a quorum. Sergeant's arm will prepare the chamber and bring in the absent Members. The Clerk will call the roll.

[Roll Call]

Members, a quorum is present. We ask our guests and the visitors in the gallery to please stand for the prayer. Our day's prayer will be offered by our Assembly chaplain, Imam Yasir Khan. Imam Yasir.

In the name of God, the most gracious, the most merciful, Almighty God, may your divine wisdom, your unbiased judgment, and your love fill each of those who have chosen to serve our state in this Assembly. May they draw from your fountain of knowledge and your storehouse of fair play as they administer and create legislation that governs our land. Instill in all of us respect, honor, and a love for life that will allow us to serve with pride and dignity.

Help us to put on the shield of faith and to face the challenges before us with a determination that we will succeed and prosper because we operate in your providential and divine order. Amen.

We ask our guests and visitors to remain standing and join us in the flag salute. Please join Assemblymember Schiavo with her daughter as she leads us in the flag salute.

Please place your hand over your heart. Ready? Begin. Pledge of allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, for liberty and justice for all.

Thank you. You may be seated. Reading of the previous day's journal.

Assembly Chamber of Sacramento Tuesday, January 242023 the Assembly met at 07:00 a.m. Honorable Gail Pellerin, Assembly Member, 20th District, presiding chief Clerk, Sue Parker at the desk. Reading Clerk, David A. Bowman. Reading roll call. Following replaced upon the morning roll call. 74 Addis Aguirre, Carrie Alanice Alvarez Arambula Baines Bauer Kahan Bennett Bernard Hovath Bonta, Brian Calderon, Juan Creo Ms. Rayes moves.

Mr. Flores seconds that the reading of the previous day's journal will be dispensed with. Presentations and petitions there are none. Introductions and 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. Moving to motions and resolutions, the absences for the day there are none. And Majority leader Reyes, you are recognized for your procedural motions.

Thank you, Mr. Speaker. I request unanimous consent to suspend Assembly Rule 45.5 to allow Assembly Members Mike Fong and Jim Patterson to speak on an adjournment in memory today.

Without objection, such shall be the order.

I request unanimous consent to suspend Assembly Rule 118 A to allow Assembly Members Wicks and Schiavo to have a guest seated at their desks.

Without objection, such shall be the order.

Mr. Speaker, there is a Rules Committee resolution at the desk to waive the 30 day constitutional waiting period on AB 269 Berman I ask that we go to that resolution now.

Resolved that pursuant to Article four, Section eight A of the Constitution, AB 269 may be heard in Committee enacted upon by the Assembly before 30 calendar days have elapsed since introduction and that joint rule and that joint rule 55 be suspended to permit such hearing in action prior to being in print for 30 days.

Members, this resolution is not debatable and it takes 60 votes. The Clerk will open the roll. All those vote who desire to vote. All those vote who desire to vote. All those vote who desire to vote. Clerk will close the roll. Ayes 68 no zero. A resolution is adopted. The rules are waived and Ms. Reyes.

Mr. Speaker, I request unanimous consent to suspend Assembly Rule 56 to allow the Health Committee to notice AB 269 Berman for a hearing pending re referral from the business and Professions Committee.

Without objection, such shall be the order. And Assemblywoman Cervantes, you are recognized for your guest introductions.

Thank you, Mr. Speaker. Today I have the distinct pleasure of introducing the Monday morning group who are with us in the Assembly gallery. The Monday Morning Group is an organization of civic and business leaders in western Riverside County that has operated since 1963. They are here with us at our state Capitol today to meet with their regional representatives to discuss how public policy affects the Inland Empire. Please help me welcome the Monday Morning Group.

Thank you, Mr. Montes. And we will be moving to business on the daily file. We'll begin with file item one. This is HR 8. The Clerk will read

House Resolution number eight by summary Petrie Norris, relative to Enrolled Agents Day and Assembly Member Petrie Norris.

You are recognized for your open.

Thank you, Mr. Speaker, Members, I rise today to take up house Resolution eight, which recognizes February 15 as Enrolled Agents Day. As we begin the start of another busy tax season, this is an opportunity to recognize the tax professionals that help implement our tax code. Enrolled agents help Californians comply with our ever changing and sometimes very complicated tax filing rules.

Enrolled agents specialize in both federal and state tax codes and are enrolled by the Department of the Treasury to represent taxpayers before the IRS and our state tax agencies. Enrolled agents have been serving Californians, been serving our constituents since 1884. Let's give a big thank you to the enrolled agents who are visiting in the gallery today for all of their efforts on behalf of California, and let's wish them well as they kick off the 2023 tax season. With that, I respectfully request your aye vote and ask that the first roll be opened for coauthors.

Thank you, Ms. Petrie Norris. And seeing no other Members wishing to discuss this item, the Clerk will open the roll for co authors. All Members who wish to be a co author, please signify by casting your vote. Members, this is for co authors. All those wishing to be a co author on HR 8, please signify by casting your vote. Clerk will close the roll. There are 72 co authors. Without objection, we'll take a voice vote on the resolution. All those in favor say aye.

All those in favor say aye. All those opposed say nay. The ayes have it. The resolution is adopted and Assemblywoman Petrie Norris, you are again recognized.

For your introductions, and thank you again, Mr. Speaker, Members, please join me in welcoming the enrolled agents who are joining us in the gallery today. And join me in thanking them for all they do to support our constituents. Welcome.

Thank you, Ms. Petrie Norris. And we'll be moving to file item two.

House Resolution number 11 by Senator Bryan relative to the release of Eyvin Hernandez.

And Assembly. Bryan, you're recognized for your open.

Thank you, Mr. Speaker, Members, I rise today to bring attention to an urgent matter regarding Eyvin Hernandez. Eyvin Hernandez is a California resident and a constituent in my district. Eyvon's family immigrated to California when he was a toddler from war torn El Salvador, seeking a better life. Avon hustled, he worked hard. He went to UCLA, double majored, and then got his law degree. After that, he committed his life to justice and service. He's an LA County public defender.

To quote his brother, Henry, Eyvin had nothing and now spends his life fighting for others who have nothing. He's an active Member of the Los Angeles County Defenders Public Union Local 148. Previously served on the board of directors. He was a UCLA law fellows mentor, teaching the next generation of scholars, leaders and lawyers. His life changed 10 months ago when he was on vacation in Colombia. He was picked up on the Colombia Venezuela border and didn't return home. A mask was put over his head.

He was thrown in a maximum security prison in Venezuela. They're calling him a spy. He's facing potentially 16 years of incarceration. It's been labeled by the Federal Government as an unjust detention. But while he's been there, he has kept a positive attitude, he's kept hope alive, and he's inspired other us detainees. In fact, he's fought side by side to help secure the release of nine others above himself from Venezuela. There's been a bipartisan congressional delegation that has called for Eyvin's release.

The County of Los Angeles has called for Eyvin's release. It's time for the State of California to do our part. I respectfully ask that you join me in calling for Eyvin Hernandez to come home where he belongs.

Thank you, Mr. Bryan. And assemblywoman Cervantes, you're recognized.

Thank you, Mr. Speaker, today I rise as the chair of the California Latino Legislative Caucus in support of House Resolution 11 by our colleague from Culver City. Aven Hernandez is one of several American citizens that the US Department, State Department, has determined to be wrongfully detained in a foreign country, in this case by the government of Venezuela. I do join my colleague from Culver City in calling President Biden, the Administration and Members of the California delegation to continue working to negotiate for Mr. Hernandez's release. I respectfully ask for an aye vote on HR 11.

Thank you, Ms. Cervantes. And seeing no other Member is wishing to discuss this item. Mr. Bryan, did you have any further to add for close?

I just want to echo that he is a son, he's a brother, he's a friend. He's a powerful Member of the community who spends every day fighting for others. He deserves to have us fighting for him. I ask that the first roll be open for co authors.

Thank you, Mr. Bryan. Members, we will move to a vote. The first vote will be for co authors. The Clerk will open the roll. All those wishing to be co authors on the resolution, please signify by casting your vote. All those wishing to be a co author, please vote now. The Clerk will close the roll. There are 76 co authors and without objection, we will take a voice vote on the resolution. All those in favor say aye. All those opposed say nay. The ayes have it.

Resolution is adopted. And Assembly Member Bryan, you are recognized for your guest introductions.

Thank you. The family of Eyvin is here. His father, Pedro Martinez couldn't make it, but he's watching right now. His brother, Henry Martinez is here along with a whole host of colleagues and friends. Thank you for being here.

Thank you, Mr. Bryan. And Members, we have an announcement. We have a birthday among us in the house. Wish a happy birthday to Assemblywoman Luz Rivas, whose birthday is today. And with that, Members, we have completed the business on the daily file. We will be moving to adjournments in memory and we ask that you give respectful attention to those granted prior permission to speak on an adjournment in memory.

Today, if you are having conversations, we ask that you take those conversations off the floor at this time. And Assemblymember Mike Fong, you are recognized at your desk for your adjournment in memory.

Thank you so much. Mr. Speaker and Members, it is with profound sadness and grief that arise to request that we adjourn in memory of the 11 beautiful lives lost in a Monterey Park mass shooting that occurred on January 21, 2023. The Star Ballroom Dance studio is a hub for connection, friendship and fun. On the eve of Lunar New Year, these 11 beautiful souls were enjoying a night of dancing. These dancers were reflective of why Monterey Park and the San Gabriel Valley are so special.

They were immigrants who found safety and community with one another. Thank you so much to all of you for your outpouring support as we remember and celebrate their lives today. And thank you for keeping our community close to your hearts as we heal from this tremendous, immense tragedy. Ming Wei Ma, 72 years old, was known as Mr. Ma. He was the manager and instructor at the dance studio. He always encouraged others to dance and to sing, offering words of encouragement to students of all levels.

Mr. Ma was known to walk students to their cars if dance classes ended late at night. Mr. Ma was an amazing community builder who was respected for his kindness and liveliness. Valentino Marcos Ovaro, 68, was the life of the party according to his family. He was a storyteller who loved people and would listen and laugh with everyone. He was a devout Catholic and his family requests that all priests and Catholics pray for him by name.

Valentino Marcos Avaro Hungyan Chen, also known as Nancy, was 62 years old, a mother and a wife, Nancy immigrated to the United States from China in the give her children new opportunities. Nancy was known to be an active person who loved to sing, dance and play the piano. Maimai Nan, 65 years old, loved ballroom dancing and fashion. According to her dance instructor, Maimai breathed life into the star ballroom dance studio and the Lilai ballroom in Alhambra, where she attended classes every night of the week.

She always brought cheer and joy to her wide circle of friends and extended family. Yu Lun Kao, also known as Andy, was 72 years old. Andy was nicknamed Mr. Nice because of his welcoming spirit, according to friends at a restaurant. One night, he disappeared from the table and was found later at a private party dancing with people who did not know him. On the night of the shooting, he protected his dance partner of 15 years by taking the bullet for her.

Leon Lee, 63, is described as a grandmother who is a pillar of strength and optimism for her family. She leaves behind her daughter, two grandchildren, two sisters and a brother. Diana Man Ling Tom, 70, was a hardworking mother, wife and grandmother. Those who knew her knew that she loved to dance and would go out of her way to give to others through her generosity. Moi Dai Ung, 67, was a refugee from Vietnam who found a welcoming community in the City of Monterey Park.

According to her family, she loved to dance and she loved to eat. She was recently reunited with her daughter, who has not seen her in many years. Sadly, her daughter must now bury her. Gia Ling Yao, also known as Charlie, was 76 years old. He is remembered as someone who is happy, who took every opportunity to cultivate his love of music, dance and travel. His son describes him as generous with words of love and affirmation.

Min Tao Yu, 64, celebrated Lunar New Year with his family just hours before the shooting. Even though he was retired. He was also exploring a second career and recently started school to become a pharmacist. Xi Yun Yu, 57, was a mother of three. She loved to cook. Some of her favorite recipes included soy sauce, duck, soy sauce, chicken and sticky rice, and she would often drop off food at her relatives homes unasked. She will remember it as hardworking and diligent Members and community.

Today we offer our deepest condolences to the families and friends of each victim, and we offer our support of the entire Monterey Park community and the greater San Gabriel Valley. We know that we must offer more than words, which is why we refirm our commitment to making all communities safer for everyone.

And thank you so much for adjourning in the memory of Mr. Ming Wei Ma, Valentino Marcos Avera, Nancy Jin, Maimai Nan, Andy, Kao, Le Lan Li Diana Tom, Mui De Ang, Charlie Yao, Min Tao Yu and Xunyun Yu. May they continue to dance. Thank you so much.

Thank you, Mr. Fong and Assembly Member Jim Patterson. You're recognized at your desk for your adjournment in memory.

Thank you, Mr. Speaker, Members, I'm asking that you please join all of us together in adjourning in memory for a very dear and close friend of mine for years, Bill Tatham, who passed away on January 17 at 89 years of age. Bill's life began very humbly in a tank house in Mcfarland where his parents worked as farm laborers. In 1934, they came to California during the Dust bowl hoping for a better life for themselves and their children.

Bill made a life for himself and his family that I'm sure made his parents proud. Bill and his wife Arlene, met at a Christian event in 1953. Family with deep religious and faith values that so oftentimes informed and guided their lives. They spent time in the Bay Area. He was working for Nabisco, the continental can Company and all. Bill moved to the family, to Fresno. He and his wife started a convalescent hospital that they operated out of their home.

Over the next 65 years, under Bill's leadership, that little start became California's largest private nursing home organization. Bill also was a sportsman. He had ownership in the NBA and the USFL United States Football League. He also ran a very large vineyard and winery operation that he developed in Fresno's northeast portion called Copper River Ranch.

And if you ever get a chance to come to Fresno, go to Copper River Ranch, and you will see what a development vision looks like that we are all proud of in our region. With his strong but quiet faith leading the way, Bill's life was his testimony.

And on a personal note, Bill was one of my biggest cheerleaders, one of the people who helped me decide to run for mayor in those days and his honest and decent life and his comments and his advice to me was something I'm going to be grateful for for a long, long time.

Bill lived his life and example to those in public life and in leadership, and he has left an incredible legacy because I think of his faith and the history from the Dust bowl to attempting to get an NFL franchise, he came about that close to doing it, I was going to say from the Dust bowl to the Super bowl, but he missed it by a bit. But he did have some ownership in the NBA, basketball and all. His word was his bond.

His faith was his guide. His family was everything. Bill was preceded in death by his wife of nearly 66 years, Orlean. He has survived by sons Bill Jr. And Mike, his daughter Renee, along with several grandchildren and great grandchildren. And he is also survived by his second wife, Norma. Thank you for joining me in adjourning this body in the memory of Bill Tatham, a giant of a man who was quiet, honest, decent, and a godly advisor to so many. Thank you.

Thank you, Mr. Patterson. Members, please bring the names to the desk to be printed in the journal. All requests to adjourn in the memory will be deemed read and printed in the journal. With that, our quorum call is lifted, and we are moving to announcements. The session schedule is as follows. Tuesday, February 7. Check in session. Wednesday, February eigth. Check in session. Thursday, February 9 floor session at 09:00 a.m. Seeing and hearing no further business, I'm ready to entertain a motion to adjourn. Mr. Zbur moves, and Mr. Flora seconds as his house stands adjourned until Thursday, February 9, at 09:00 a.m.