Literally, no words…

Jul 1, 2023

At 1:30 p.m. today, June 30, 2023, I received a panicked call from a colleague asking if I had seen not one, but two, horrible bills that had sprung back into action. When she rattled off their numbers – Assemblywoman Mia Bonta’s AB 1352 and Assemblyman Corey Jackson’s AB 1078 – I had to stop her to remind her that several members of our coalition had personally called and either spoken to the authors personally, or to their office directors, and confirmed that the bills had been pulled until next year’s session (Bonta’s 1352) or amended as directed by the authors’ senior colleagues (Jackson’s 1078). “No,” she assured me. “THEY’RE BACK.”

Assembly Bill 1352: The Gut-Wrenching “Gut and Amend”

 

On February 16, 2023, Bonta presented her bill “AB 1352, as introduced, Bonta. Childcare: statewide pilot policies: individualized county childcare subsidy plans.” The bill was initially drafted, by her, to require the establishment of a “statewide childcare pilot subcommittee … to propose, evaluate, and collect evidence to support the creation of statewide pilot policies for childcare and child development programs by the State Department of Education and the State Department of Social Service (the departments) … to supersede state law with respect to specified factors.”

On May 18, 2023, Bonta gutted her bill, leaving only a shell with the language required to preserve her right to draft a later bill that could be considered an “urgency statute” with expedited hearing and implementation deadlines.

On June 20, Bonta removed co-author Assemblymember Marc Berman and presented an entirely new bill:AB 1352, as amended, Bonta. Childcare: individualized county childcare subsidy plans. Governing boards of school districts: censure or removal of members.” The intent and impact of the 1/2 page-long bill are simple and clear:

SEC. 2.

Section 35173 is added to the Education Code, to read:

35173.

(a) The governing board of a school district may censure a member or remove a member from office if the member does either of the following:

(1) Prevents the governing board from conducting its business.

(2) Adopts a policy that contradicts any existing law requiring a school district to have inclusive policies, practices, and curriculum.

(b) (1) The governing board of a school district may remove a member from office pursuant to subdivision (a) only by a two-thirds vote of its membership.

(2) A member of the governing board of a school district who is the subject of a vote for censure or removal from office pursuant to subdivision (a) shall not participate in the vote on whether to censure the member or remove the member from office.

In other words, a school board member who “prevents the board from conducting its business” can be removed from office – no, not by you, his / her boss – but by a 2/3 vote by the other board members. You can imagine where this bill came from and where it is going….

That said, because the bill received immediate, overwhelming opposition because it completely upends our constitutional republic and representative democracy, Bonta repeatedly told her colleagues, the press, other elected officials, and this office that the bill was being pulled for the remainder of this year and would be back in 2023. Mind you, this was on June 23 (Jeremy Zachreson Tweet) and as recently as June 26 (me).

Despite this, we received notice, today, that on June 28 (watch this magic date) the bill was re-referred to the Senate Education Committee, meaning it’s back in play.

There is no date set on AB 1352. However, we need to tell Bonta we know and see what she is doing and we will not tolerate it anymore. (See CTA’s, below).

Assembly Bill 1078: Bait and Switch.

I contemplated calling this bill “Another Gut-Wrenching Gut-and-Amend” however, this is worse. Although it seems like an entirely new bill, AB 1078 is actually the same exact bill that was summarily rejected and shut down by his colleagues over in the Assembly, just the inverse of its original form. Put bluntly: Jackson lie.d

On February 15, 2023, Jackson presented his original bill: “AB 1078, as introduced, Jackson. Instructional materials: removing instructional materials and curriculum: diversity.” [Notably absent: any co-authors, like Bonta’s 1352. Always a good indicator of how bad a bill is when no one else is willing to sign their name to it]. As originally written, AB 1078 was designed to curtail “white Christian nationalism” by requiring that (1) the State Board of Education to “develop… a policy for local educational agencies to follow before removing any instructional materials or ceasing to teach any curriculum;” (2) local agencies and the school district board to “receive approval from the state board before removing any instructional materials or ceasing to teach any curriculum;” and (3) revise the list of culturally and racially diverse groups to instead include materials that accurately portray the contributions of people of all gender expressions and the role and contributions of LGBTQ+ Americans.” In other words, the California Department of Education was going to dictate materials and curricula to every single one of the 1,000+ school districts in the state of California. Aka: the end of local government, separation of powers, and our constitutional republic.

On May 1, AB 1078 was heard in the Assembly Education Committee, where Chair Al Muratsuchi “informed” Jackson that he – and many of his colleagues – would be voting “no” on the bill, unless it was amended to return power to local school boards. As such, Jackson promised to – and did! – significantly amend AB 1078, so that it could – and it did! – pass through the Assembly.

Unfortunately, much like his snakey, er, I mean sneaky counterpart, after AB 1078 passed out of the Assembly extremely amended, Jackson re-amended the bill to bring back what was originally in there…. AND ADDED MORE CRIMINAL CONTENT.

Fully Transparency: I have not finished my analysis of this bill.

However, I can tell you from what I have read, in addition to the extremely dishonest, improper way Jackson is trying ram it through his completely bait-and-switched bill at the 9:00 a.m. Senate Education Hearing on July 5, the day after the holiday, this bill is BAD.

So what do we do now???

We RISE.

Since Bonta’s Bad Bill 1352 has no hearing date, we need to focus on 1078. While I recognize it is the holiday weekend, we have the luxury of lobbying from our couches – wherever those may be for the next few days – so let’s do it:

  1. Call and email Jackson and leave a vm: (1) ask him why he is doing this, why did he undo the agreed-upon amendment that got his Bill out of its originating house, why he’s secretly expediting the hearing on this Bill if he is so comfortable with it, and why doesn’t he just pull it and save everyone the time and energy of having to come up there in person to kill it; (2) ask him to pull his bill, and (3) register your opposition to the bill.
    1. Capitol Office (AD-60): M-Th
      P.O. Box 942849
      Sacramento, CA 94249-0060
      (916) 319-2060
      FAX: (916) 319-2160
    2. District Office: Friday
      18700 Lake Perris Dr.
      Perris, CA 92571
      (951) 943-6054
    3. assemblyman.jackson@assembly.ca.gov
  2. Call each of the 7 Senate Education Members and leave voicemails and send emails (1) explaining history of this bill, (2) registering your opposition, (3) asking the Senator to vote “No” or abstain on this bill as written (3) AFTER admonishing Jackson for his alarming abuse of authority and flagrant disregard for the his colleagues, the Constitution, well-settled legislative policies and procedures, his constituents and the law:
    1. Josh Newman (Chair, D-Inland) – potential friendly
      1. CAPITOL OFFICE1021 O Street, Suite 6520
        Sacramento, CA 95814
        Phone: 916.651.4029
      2. DISTRICT OFFICE203 N Harbor Blvd.,
        Fullerton, CA 92832
        Phone: (714) 525-2342
        FAX: (714) 525-2367
      3. Senator.Newman@senate.ca.gov
    2. Rosilicie Ochoa Bogh (R-Yucaipa) – friendly.
      1. Capitol Office1021 O Street, Room 7220
        Sacramento, CA 95814
        Phone: (916) 651-4023
        Fax: (916) 651-4923
      2. Redlands Office1758 Orange Tree Lane, Suite B
        Redlands, CA 92374
        Phone: (909) 335-0271
        Fax: (909) 335-0282
      3. Senator.OchoaBoa@senate.ca.gov
    3. Dave Cortese (D-San Jose) – not a friendly
      1. CAPTIOL OFICE1021 O Street, Suite 6630
        Sacramento, CA 95814
        Phone: (916) 651-4015
        Fax: (916) 651-4915
      2. CAMPBELL OFFICE2105 S. Bascom Avenue Suite 154
        Campbell, CA  95008
        Phone: (408) 558-1295
        Fax: (408) 558-1296
      3. Senator.Cortese@senate.ca.gov
    4. Steve Glazer (D-Alameda, Contra Cost) – potential friendly.
      1. CAPITOL OFFICE1021 O Street, Suite 7520

        Sacramento, CA 95814

        Phone: (916) 651-4007

        Fax: (916) 651-4907

      2. ORINDA OFFICE51 Moraga Way, Suite 2

        Orinda, CA 94563

        Phone: (925) 258-1176

      3. EAST CONTRA COSTA OFFICE420 West Third Street

        Antioch, CA 94509

        Phone: (925) 754-1461

      4. Senator.Cortese@senate.ca.gov
    5. Mike McGuire (D-Sonoma, Santa Rosa) – potentially friendly
      1. State Capitol
        1021 O Street, Suite 8610
        Sacramento, CA 95814
        Phone: 916-651-4002
        Fax: 916-651-4902
      2. Eureka Office:
        1036 5th St., Suite D
        Eureka, CA 95501
        Phone: 707-445-6508
        Fax: 707-445-6511
      3. Santa Rosa Office:
        50 D St., Suite #120A
        Santa Rosa, CA 95404
        Phone: 707-576-2771
        Fax: 707-576-2773
      4. San Rafael Office:
        3501 Civic Center Drive Suite 425
        San Rafael, CA 94903
        Phone: 415-479-6612
        Fax: 415-479-1146
      5. Ukiah Office:
        200 South School Street, Suite K
        Ukiah, CA 95482
        Phone: 707-468-8914
        Fax: 707-468-8931
      6. Crescent City Office
        1080 Mason Mall, Suite 4
        Crescent City 95531
        Phone: (707) 464-1255
      7. Senator.McGuire@senate.ca.gov
    6. Lola Smallwood-Cuevas (D-Culver City) – unknown at this time.
      1. CAPITOL OFFICE1021 O Street, Suite 6510

        Sacramento, CA 95814

        Phone: (916) 651-4028

      2. LOS ANGELES700 Exposition Park Drive

        Los Angeles, CA 90037

        Phone: (213) 745-665

      3. Senator.SmallwoodCuevas@senate.ca.gov
    7. Scott Wilk (R-Antelope, Santa Clarita, and Victor Valleys) – friendly
      1. CAPITOL OFFICE1021 O Street, Room 7140
        Sacramento, CA 95814
        Phone: (916) 651-4021
        Fax: (916) 651-4921
      2. Victor Valley Office14343 Civic Drive, First Floor
        Victorville, CA 92392
        Phone: (760) 843-8414
        Fax: (760) 843-8343
      3. Lancaster Office848 W. Lancaster Blvd, Suite 101
        Lancaster, CA  93534
        Phone: (661) 729-6232
        Fax: (661) 729-1683
      4. Santa Clarita Office23920 Valencia Blvd, Suite 250
        Santa Clarita, CA 91355
        Phone: (661) 286-1471
        Fax: (661) 286-2543
      5. Senator.Wilk@senate.ca.gov
  3. Submit your opposition letter through the Portal.
  4. PERK One-Click Campaigns on their way!!

We need to make the Capitol shake with our righteous indignation over our public servants gamesmanship.

If we flood their inboxes and voicemail boxes over the holiday weekend – every day, even person (you can forward to friends and family outside of California because you never have to identify yourself completely and they cannot erase voicemails of people they do not know are a constituent or not) – when they return to their Capitol offices Monday, they will know we know (1) about the #BadBills, (2) where to find them and (3) that we will if we need to.

We also need to celebrate our WINS.

What Wins?

Well, the Wins that cause legislators to resort to underhanded legislative tactics in order to get their bills passed.

The Wins defeating illegal, unconstitutional efforts to remove opposition from power and then consolidate the power of those remaining in the Captiol.

The Wins that defeat vaccine mandates and manipulative language that would confuse and coerce people to take unwanted medicines.

The Win of being here, at the end of this post, ready to work and….

R I S E U P to K I L L T H E B I L L S .

Oh yeah, and…

Happy Independence Day weekend!

The Law Offices of Nicole C. Pearson