California 2019-2020 Regular Session Status: Passed Assembly Bipartisan · 1 D · 1 R cosponsors

ACA 5 — A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by repealing Section 31 of Article I thereof, relating to government preferences.

Last action — Chaptered by Secretary of State - Res. Chapter 23, Statutes of 2020.

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

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Summary

The California Constitution, pursuant to provisions enacted by the initiative Proposition 209 in 1996, prohibits the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. The California Constitution defines the state for these purposes to include the state, any city, county, public university system, community college district, school district, special district, or any other political subdivision or governmental instrumentality of, or within, the state. This measure would repeal these provisions. The measure would also make a statement of legislative findings in this regard.

Bill Text

Action History

  1. Chaptered by Secretary of State - Res. Chapter 23, Statutes of 2020.

  2. Enrolled and filed with the Secretary of State at 4 p.m.

  3. In Assembly. Ordered to Engrossing and Enrolling.

  4. Ordered to the Assembly.

  5. Read third time. Adopted. (Ayes 30. Noes 10. Page 3814.)

  6. Read second time. Ordered to third reading.

  7. From committee: Be adopted. (Ayes 5. Noes 2.) (June 23).

  8. Joint Rule 61 suspended. (Ayes 29. Noes 10. Page 3799.)

  9. From committee: Be adopted, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 1.) (June 17). Re-referred to Com. on APPR.

  10. Referred to Com. on L., P.E. & R.

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

  12. Ordered to the Senate.

  13. Read third time. Adopted. (Ayes 60. Noes 14. Page 4799.)

  14. Read second time. Ordered to third reading.

  15. Coauthors revised.

  16. From committee: Be adopted. (Ayes 11. Noes 5.) (June 3).

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

  18. Coauthors revised.

  19. From committee: Be adopted, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 1.) (May 5). Re-referred to Com. on APPR.

  20. Re-referred to Com. on P.E. & R.

  21. From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E. & R. Read second time and amended.

  22. In committee: Hearing postponed by committee.

  23. From committee: Be re-referred to Com. on P.E. & R. Re-referred. (Ayes 7. Noes 2.) (March 12). Re-referred to Com. on P.E. & R.

  24. Re-referred to Com. on RLS.

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

  26. Referred to Com. on RLS.

  27. From printer. May be heard in committee February 21.

  28. Read first time. To print.

Sponsors

  • Weber · Primary
  • Mike A. Gipson · Cosponsor
  • Santiago · Cosponsor
  • Burke · Cosponsor
  • Cooper · Cosponsor
  • Holden · Cosponsor
  • Jones-Sawyer · Cosponsor
  • Kamlager · Cosponsor
  • McCarty · Cosponsor
  • Bradford · Cosponsor
  • Mitchell · Cosponsor
  • Hueso · Cosponsor
  • Jeff Gonzalez · Cosponsor
  • Mark Stone · Cosponsor

Sponsorship breakdown

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1 sponsors · 13 co-sponsors · 108 not signed on · 8 voted No

Sponsors (1)

  • Weber

Co-sponsors (13)

Not signed on (108)

108 members have not signed on to this bill.

Show all 108 →

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

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading ACA5 Weber et al. By Mitchell

Passed 30 Yea · 10 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20700
Democratic 10000
Republican 0300
Total 301000
% of votes cast 75%25%0%0%
How each member voted (40)
Member Party Vote
Leyva — Yea
Atkins — Yea
Skinner — Yea
Allen — Yea
Dodd — Yea
Hertzberg — Yea
Glazer — Yea
Roth — Yea
Rubio — Yea
Wilk — Yea
Hill — Yea
Mitchell — Yea
Pan — Yea
Beall — Yea
Wieckowski — Yea
Monning — Yea
Galgiani — Yea
Portantino — Yea
Bradford — Yea
Hueso — Yea
Morrell — Nay
Chang — Nay
Nielsen — Nay
Moorlach — Nay
Bates — Nay
Melendez — Nay
Borgeas — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Be adopted

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5100
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Leyva — Yea
Wieckowski — Yea
Hill — Yea
Portantino — Yea
Bradford — Yea
Bates — Nay
Jones, Brian W. Republican Nay

Official roll call →

ACA 5 Weber Assembly Third Reading

Passed 60 Yea · 14 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 22000
Unaffiliated 371004
Republican 1401
Total 601405
% of votes cast 76%18%0%6%
How each member voted (79)
Member Party Vote
Holden — Yea
Maienschein — Yea
Friedman — Yea
Cooper — Yea
Smith — Yea
Weber — Yea
Nazarian — Yea
Rendon — Yea
Rodriguez — Yea
McCarty — Yea
Low — Yea
Bloom — Yea
Daly — Yea
Burke — Yea
Cooley — Yea
Gloria — Yea
Mullin — Yea
Salas — Yea
Levine — Yea
Eggman — Yea
Medina — Yea
Gonzalez — Yea
Wood — Yea
Kamlager — Yea
O'Donnell — Yea
Chiu — Yea
Jones-Sawyer — Yea
Ting — Yea
Gray — Yea
Santiago — Yea
Frazier — Yea
Mayes — Yea
Fong — Nay
Obernolte — Nay
Voepel — Nay
Waldron — Nay
Kiley — Nay
Mathis — Nay
Brough — Nay
Diep — Nay
Bigelow — Nay
Chu — Not Voting
Cunningham — Not Voting
Quirk — Not Voting
Chau — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Yea

Official roll call →

Be adopted.

Passed 11 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 5001
Unaffiliated 6401
Republican 0100
Total 11502
% of votes cast 61%28%0%11%
How each member voted (18)
Member Party Vote
McCarty — Yea
Eggman — Yea
Bloom — Yea
Gonzalez — Yea
Fong — Nay
Voepel — Nay
Diep — Nay
Bigelow — Nay
Chau — Not Voting
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Not Voting
Rivas, Robert Democratic Yea
Dahle, Megan Republican Nay

Official roll call →

Be re-referred to the Committee on [Public Employment and Retirement]

Passed 7 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 4001
Unaffiliated 3102
Republican 0100
Total 7203
% of votes cast 58%17%0%25%
How each member voted (12)
Member Party Vote
Kamlager — Yea
Cooley — Yea
Mathis — Nay
Cunningham — Not Voting
Maienschein — Not Voting
Wendy Carrillo — Yea
Grayson, Timothy S. Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Ramos, James C. Democratic Yea
Rivas, Robert Democratic Yea
Wicks, Buffy Democratic Yea
Flora, Heath Republican Nay

Official roll call →

Subjects

civil-rights education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does ACA 5 do?
The California Constitution, pursuant to provisions enacted by the initiative Proposition 209 in 1996, prohibits the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. The California Constitution defines the state for these purposes to include the state, any city, county, public university system, community college district, school district, special district, or any other political subdivision or governmental instrumentality of, or within, the state. This measure would repeal these provisions. The measure would also make a statement of legislative findings in this regard.
Who sponsors ACA 5?
ACA 5 is sponsored by Weber, Gipson, Mike A. (Democratic), Santiago, Burke, Cooper, Holden, Jones-Sawyer, Kamlager, McCarty, Bradford, Mitchell, Hueso, Gonzalez, Jeff (Republican), and Mark Stone.
What is the current status of ACA 5?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track ACA 5?
Track ACA 5 free on One Click Politics — get push/email alerts when it moves.

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