BILL ANALYSIS Ó SENATE JUDICIARY COMMITTEE Senator Noreen Evans, Chair 2011-2012 Regular Session AB 887 (Atkins) As Amended April 27, 2011 Hearing Date: June 14, 2011 Fiscal: Yes Urgency: No EDO SUBJECT Gender DESCRIPTION This bill would clarify the definition of gender under the Fair Employment and Housing Act and the Unruh Civil Rights Act as well as other anti-discrimination laws. This bill would expressly include the terms "gender identity" and "gender expression" wherever the term "gender" currently appears and would prohibit employers, schools, and housing authorities from discriminating based on a person's gender identity or gender expression. This bill would expressly specify that "gender" means sex, and include a person's gender identity and gender expression. This bill would also specify that "gender expression" means "a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth." BACKGROUND The Fair Employment and Housing Act (FEHA), the Unruh Civil Rights Act, and various other provisions prohibit discrimination in employment, housing, public accommodation, education, and services provided by business establishments and schools on the basis of specified personal characteristics such as sex, race, color, national origin, religion, and disability. Over time, these statutes have evolved to include other characteristics such as medical condition, marital status, and sexual orientation to generally reflect the state's public policy (more) AB 887 (Atkins) Page 2 of ? against discrimination in all forms. The Supreme Court of California has consistently held that the Unruh Civil Rights Act provides broad protection to all persons who are arbitrarily discriminated against by business establishments. Beginning in the 1950's the court found that the State Board of Equalization acted illegally by suspending the license of a bar and restaurant merely because it allowed patronage by gay people whom the licensor saw as "immoral." (Stoumen v. Reilly (1951) 37 Cal.2d 713.) In 1970, the court held that the Unruh Civil Rights Act forbids a business establishment that is generally open to the public from arbitrarily excluding a prospective customer (In re Cox (1970) 3 Cal.3d 205.) This case was followed by Marina Point, Ltd. v. Wolfson (1982) 30 Cal.3d 721, which found that a landlord's "no children" policy was arbitrary discrimination based on familial status that violated the Act. In all of these cases, the court engaged in statutory analysis of the Unruh Civil Rights Act and determined the "past judicial interpretation of the act, and the history of legislative action that extended the statutes' scope, indicate that identification of particular bases of discrimination - color, race, religion, ancestry, and national origin . . . is illustrative rather than restrictive. Although the legislation has been invoked primarily by persons alleging discrimination on racial grounds, its language and its history compel the conclusion that the Legislature intended to prohibit all arbitrary discrimination by business establishments." (See In re Cox, 3 Cal.3d at 216.) In 2005, AB 1400 (Laird, Chapter 420, Statutes of 2005) was passed by the Legislature and signed by the Governor to specify that discrimination based on marital status and sexual orientation would not be tolerated in California. The purpose of this legislation was to address repeated complaints from individuals and attorneys representing victims of discrimination based on marital status and sexual orientation who claimed difficulty enforcing these protections because they were not expressly specified in the law. This bill would expressly add "gender identity" and "gender expression" throughout the codes and define "gender expression" to mean a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. CHANGES TO EXISTING LAW AB 887 (Atkins) Page 3 of ? 1a. Existing law , the Unruh Civil Rights Act and the FEHA, defines "sex" using a series of cross-references to include, but not be limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. Under those cross references, "sex" also includes, but is not limited to, a person's gender and "gender" means sex, and includes a person's gender identity and gender related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. (Civ. Code Sec. 51(a)(4); Gov. Code Sec. 12926(p); Pen. Code Sec. 422.56.) This bill , under the Unruh Civil Rights Act and FEHA, would delete the cross-references and expressly specify that "sex" includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth and would also expressly specify that "sex" includes, but is not limited to, a person's gender. This bill would also expressly specify that "gender" means sex, and includes a person's gender identity and gender expression. This bill would further state that "gender expression" means a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. b. Existing law , the Unruh Civil Rights Act, generally prohibits business establishments from discriminating on the basis of sex, race, color, religion, ancestry, national origin, disability, or medical condition, marital status, or sexual orientation and provides civil remedies for violations of its provisions. (Civ. Code Sec. 51 et seq.) Existing law , the Fair Employment and Housing Act, prohibits discrimination in housing and employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. (Gov. Code Sec. 12920 et seq.) This bill would also prohibit discrimination under Unruh and FEHA on the basis of gender, gender identity, and gender expression. c. Existing law provides that the California Department of Fair Employment and Housing and the Fair Employment and Housing Commission are authorized to enforce and regulate violations AB 887 (Atkins) Page 4 of ? of discrimination in housing and employment on the basis of a person's sex or gender and other specified characteristics. (Gov. Code Secs. 12930 and 12931.) This bill would expressly authorize the California Department of Fair Employment and Housing and the Fair Employment and Housing Commission to enforce and regulate violations of discrimination in housing and employment on the basis of a person's gender identity and gender expression. d. Existing law provides that the legal owner of a property who believes that he or she is subject to a restrictive covenant that unlawfully discriminates because of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry, may record a document entitled "Restrictive Covenant Modification," following a specified process. (Gov. Code Secs. 12955, 12956.1, and 12956.2.) This bill would allow a property owner to seek the removal of any unlawful restrictive covenant that discriminates on the basis of gender, gender identity or gender expression, following the same specified process. 2a. Existing law provides that it is the policy of the State of California that all persons in public schools be afforded equal rights and opportunities in the education institutions of the state and equitable access to educational programs designed to strengthen technological skills regardless of their disability, gender, nationality, race or ethnicity, religion, or sexual orientation. Existing law provides that no person shall be subjected to discrimination on these bases in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance. (Ed. Code Secs. 200, 220, 51007 and 66270.) This bill would add "gender identity" and "gender expression" to the list of persons who shall not be discriminated against in educational institutions. b. Existing law , the Carl Washington School Safety and Violence Prevention Act, provides that it is the intent of the Legislature that public schools have access to supplemental resources to combat bias on the basis of race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, to prevent and respond to acts of hate AB 887 (Atkins) Page 5 of ? violence and bias-related incidents. (Ed. Code Sec. 32228.) This bill would add "gender identity" and "gender expression" to this list. c. Existing law , the Educational Equity Chapter and the Sex Equity in Education Act, defines "gender" to mean "sex, and includes a person's gender identity and gender appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth." (Ed. Code Secs. 210.7 and 66260.7.) This bill , under the Educational Equity Chapter and the Sex Equity in Education Act, would expressly add gender expression to the above definition of "gender." 3a. Existing law , the Insurance Discriminatory Practices Chapter, defines "sex" as having the same meaning as "gender," which means sex, and includes a person's gender identity and gender related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. (Ins. Code Secs. 10140 and 10140.2) This bill would define "sex", under the Insurance Discriminatory Practices Chapter as having the same meaning as "gender" and expressly provide that gender means sex, and includes a person's gender identity and gender expression, as defined. b. Existing law provides that an insurer of a religious organization, educational organization, or nonprofit organization, as defined, shall not cancel or refuse to renew a policy for a loss that is a result of a hate crime committed based on the groups race, color, religion, ancestry, national origin, disability, gender, or sexual orientation. (Ins. Code Sec. 676.10.) This bill would add "gender", "gender identity" and "gender expression", as defined, to this list. c. Existing law provides that no insurer for life or disability insurance shall fail or refuse to accept an application for insurance based on the person's race, color, religion, sex, national origin, ancestry, or sexual orientation. (Ins. Code Sec. 676.10.) AB 887 (Atkins) Page 6 of ? This bill would add "gender," "gender identity" and "gender expression", as defined, to this list. d. Existing law provides that the Healthy Families Insurance Program shall be administered without regard to gender, race, creed, color, sexual orientation, health status, disability, or occupation. (Ins. Code Sec. 12693.28.) This bill would additionally require that the Healthy Families Insurance Program be administered without regard to gender identity or gender expression. 4.Existing law provides that for purposes of determining whether to grant or deny a workers compensation claim, no personal relationship shall be deemed to exist between an employee and a third party who has injured or killed the employee, based on a determination that the third party killed or injured the employee because of the third party's personal beliefs relating to his or her perception of the employee's race, religious creed, color, national origin, age, gender, disability, sex, or sexual orientation. (Lab. Code Sec. 3600.) This bill would add "gender identity" and "gender expression" to this list. 5a. Existing law provides that every person, regardless of race, color, creed, religion, national origin, gender, age, sexual orientation, or handicap, be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups. (Pen. Code Sec. 186.21.) This bill would expressly add "gender identity," and "gender expression" to this list. b. Existing law provides that "gender" means sex, and includes a person's gender identity and gender appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. (Pen. Code Sec. 422.56.) This bill would expressly add gender expression to the above definition of gender. c. Existing law provides that any person who is convicted of any offense against a person or property of another because of the victim's actual or perceived race, color, ethnicity, religion, AB 887 (Atkins) Page 7 of ? nationality, country of origin, ancestry, disability, gender, or sexual orientation the court shall make an order protecting the victim. (Pen. Code Sec. 422.85.) This bill would expressly add gender identity and gender expression to this list. d. Existing law provides that if a person is released from prison on parole for committing a crime against a victim based on the victims actual or perceived race, color, ethnicity, religion, nationality, country of origin, ancestry, disability, gender, or sexual orientation, the parole authority shall make it a condition of parole that the parolee refrain from further contact, as specified, of the victim. (Pen. Code Sec. 3053.4.) This bill would expressly add gender identity and gender expression to this list. e. Existing law provides that it is the right of every person regardless of actual or perceived disability, gender, nationality, race or ethnicity, religion, sexual orientation to be secure and protected from fear. Existing law also provides that it is not the intent of this chapter to interfere with the exercise of rights protected by the United States Constitution. (Pen. Code Sec. 11410.) This bill would expressly add gender identity and gender expression to this list. COMMENT 1. Stated need for the bill The author writes: ÝThis bill], the Gender Nondiscrimination Act, addresses the high levels of discrimination faced by Californians who are transgender or do not conform to narrow gender stereotypes. This bill also addresses the concerns of employers, landlords, educational institutions, and others who face confusion when complying with laws that prohibit discrimination. Current California laws protect people from discrimination based on gender identity and gender expression. In the current framework, California non-discrimination laws define "gender" to mean sex including a person's gender identity (how they see themselves) and gender expressions (how other people see AB 887 (Atkins) Page 8 of ? them). Gender identity refers to a person's deeply felt internal sense of being male or female. Gender expression refers to one's behavior, mannerisms, appearance and other characteristics that are perceived to be masculine or feminine. ÝThis bill] will take existing protections based on gender identity and expression and specifically list them as protected categories in our non-discrimination laws. By making these protections explicit, people will more clearly understand California's non-discrimination laws, which may increase the likelihood that employers, housing authorities, schools, etc. would work to prevent discrimination and/or respond more effectively and expeditiously at the first indications of discrimination. The Gender Nondiscrimination Act will make clear that discrimination based on failure to conform to narrow gender stereotypes is against the law. Equality California, the Transgender Law Center and the Gay Straight Alliance Network, co-sponsors of this bill, write: California laws protect people from discrimination based on gender identity and gender expression. California non-discrimination laws define 'gender' to mean sex, including a person's gender identity (how they see themselves) and gender expression (how other people see them). Existing state non-discrimination laws are confusing and vague for employers, housing authorities, and others who bear the responsibility of ensuring that the laws are enforced. Therefore, the harms caused by discrimination can be reduced by simply using language that is direct and easily understood. Additionally, Californians who experience discrimination based on gender identity and gender expression at work or elsewhere often do not file complaints because they are unaware that they are protected. ÝThis bill] would take existing protections based on gender identity and expression and make these protections explicit so that people would more clearly understand California's nondiscrimination laws. This, in turn, may increase the likelihood that employers, housing authorities, and other groups would work to prevent discrimination and/or respond more effectively and expeditiously at the first indications of discrimination. 2. Purpose and need for expressly specifying gender identity and gender expression in the anti-discrimination codes AB 887 (Atkins) Page 9 of ? Under existing law, gender and sex are used interchangeably throughout many anti-discrimination codes and generally can be defined to include a "person's gender identity and gender appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth." This bill would expressly define "gender" to mean "sex, and includes a person's gender identity and gender expression. 'Gender expression' means a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth." As discussed more below, this change seeks to address situations where transgender or gender non-conforming individuals are discriminated against based on these attributes. According to the author's office, many transgender and gender non-conforming individuals are unaware that protections exist in the law to shield them from discrimination. As a result, transgender individuals who are victims of this type of discrimination or harassment are not seeking solutions through the courts. According to the author and a recent report by the Transgender Law Center, "nearly 70% of transgender Californians have experienced discrimination or harassment at work. Californians who experience discrimination based on gender identity and gender expression at work or elsewhere often times do not file complaints because they are unaware that they are protected."(The State of Transgender California Report (2008).) Specifically, the report found that transgender individuals experience multiple types of workplace discrimination including verbal harassment, unfair scrutiny and/or discipline, harassment by coworkers, harassment by supervisors, sexual harassment, denial of access to appropriate restrooms, and restricted or eliminated access to customers or clients. Unfortunately, the report also found that only 15 percent of those who have reported some form of discrimination or harassment have actually filed a complaint. By not reporting this type of discrimination or harassment, it is difficult to quantify. In response to an inquiry from the Transgender Law Center regarding the reporting of gender identity discrimination, the Department of Fair Employment and Housing (DFEH) writes, "regretfully, the DFEH does not maintain statistics on the number of sex discrimination complaints filed that allege gender identity or transgender discrimination. Anecdotally, I can say that the number of such complaints received by the DFEH has been few." This is consistent with the Transgender Law Center's theory that many transgender AB 887 (Atkins) Page 10 of ? Californians are not reporting this type of discrimination. A recent example of the type of discrimination faced by transgender individuals involved a transgender woman who filed a lawsuit against the California Department of Motor Vehicles (DMV) after visiting her local DMV in San Francisco to request a new driver's license. She had recently changed her name after undergoing a gender transition, this needing a new driver's license reflecting the name change. In that case, the DMV clerk who assisted her took down her personal contact information and shared her information with a fundamentalist religious group who then sent her a harassing letter and video. As it turns out, this same clerk had verbally assaulted another transgender DMV client a few years prior, without suffering any consequences. The author's office believes that this type of behavior would not be tolerated if the law was clear that discrimination based on gender identity or gender expression was expressly specified in the law. 3. Expressly specifying "gender," "gender identity," and "gender expression" in existing anti-discrimination statutes This bill would add "gender," "gender identity," and "gender expression", as defined above, expressly to the Unruh Civil Rights Act, the Fair Employment and Housing Act, various provisions of the Education and Insurance Codes, as well as one section of the Labor Code. a. The Unruh Civil Rights Act and the Fair Employment and Housing Act (FEHA) Under existing law, the Unruh Civil Rights Act (Unruh) generally prohibits business establishments from discriminating on the basis of sex, race, color, religion, ancestry, national origin, disability, or medical condition, marital status, or sexual orientation. Unruh is meant to cover all arbitrary and intentional discrimination by a business establishment on the basis of the personal characteristics listed above. Currently, through a series of cross-references, Unruh defines "sex" as meaning, including, but not limited to pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. "Sex" also includes, but is not limited to, a person's gender. Unruh defines "gender" to mean "sex", and includes a person's gender identity and gender related appearance and behavior whether or not stereotypically associated with the person's assigned sex AB 887 (Atkins) Page 11 of ? at birth. Also, FEHA prohibits discrimination in housing and employment on the basis of race or color; religion; national origin or ancestry; physical disability; mental disability or medical condition; marital status; sex or sexual orientation; age, with respect to persons over the age of 40; and pregnancy, childbirth, or related medical conditions. The definition of "sex" under FEHA is the same as the definition under Unruh. The FEHA is the principal California statute prohibiting employment and housing discrimination covering employers, labor organizations, employment agencies, apprenticeship programs, and any person or entity, who aids, abets, incites, compels, or coerces the doing of a discriminatory act. The California Department of Fair Employment and Housing (DFEH) and the Fair Employment and Housing Commission (FEHC) are authorized to enforce the provisions under FEHA. This bill would delete the cross-references described above and expressly include "gender identity" and "gender expression," as defined in the list of prohibited bases of discrimination under Unruh and FEHA. Currently, the DFEH and the FEHC are authorized to enforce the provisions of FEHA for claims based on a person's sex, which is defined under FEHA to include a person's gender and gender identity. This bill would additionally expressly authorize DFEH and FEHC to enforce the provisions of FEHA based explicitly on a person's gender, gender identity or gender expression. In support of this provision, the California Employment Lawyers Association (CELA), writes, "In 2003, Assembly Bill 196 was signed into law, amending the California Fair Employment and Housing Act (FEHA) to prohibit California employers from discriminating against employees based on an employee's gender identity or gender expression . . . AB 196 made huge strides in helping to protect a particularly victimized class of people against discrimination in the workplace. As dedicated advocates of workers' rights, we believe all employees should be treated equally and are entitled to work with dignity under the protection of the laws of this State." This bill seeks to clarify the definition of gender to ensure that transgender and other gender non-conforming individuals are free from discrimination in the workplace and housing. In response to committee staff's inquiry regarding the practical effect of this change, the Transgender Law Center, a co-sponsor of this bill, writes, "Under the current statutory AB 887 (Atkins) Page 12 of ? scheme, if an HR manager looks up the Fair Employment and Housing Act in an effort to list the protected categories in their business' employee handbook, they will only see "gender." They will not clearly see gender identity and gender expression because they are contained in the definition of gender in a separate section of the law. Should Ýthis bill] pass, that same HR professional will clearly see gender identity and expression and be far more likely to list those categories in the employee handbook. This would ensure that transgender employees know their rights and that non-transgender employees are aware that discrimination based on gender identity and expression is not permitted in the workplace." b. Removal of unlawful property restriction relating to "gender," "gender identity" and "gender expression" Under existing law, FEHA, the legal owner of a property who believes that he or she is subject to a restrictive covenant that unlawfully discriminates because of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry, may record a document entitled "Restrictive Covenant Modification." (Gov. Code Secs. 12955, 12956.1, and 12956.2.) That document must include a copy of the original document containing the unlawful language with that language stricken. The county recorder must submit the modified document and the original document to the county counsel for a determination of whether the original document contains an unlawful restriction. The county counsel must then return the documents, and inform the recorder of its determination. The county recorder must refuse to record the modification document if the county counsel finds that the original document does not contain an unlawful restriction. Consistent with the proposed addition of "gender", "gender identity" and "gender expression" to both FEHA and Unruh, this bill would also allow a property owner to seek the removal of any unlawful restrictive covenant that discriminates on the basis of "gender", "gender identity," and "gender expression" pursuant to the above process. It should be noted that this bill would not modify the above process, and that the legal determination of whether a provision is unlawful would remain with the county counsel, as under existing law. c. Equal Rights and Opportunities and Anti-Discrimination AB 887 (Atkins) Page 13 of ? Education Statutes Under existing law, the State of California prohibits discrimination based on race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, in any public school receiving state funding, and shall provide all students with equal rights and opportunities in the educational institutions of this state. The Education Code defines "gender" to mean "sex" and includes a person's gender identity and gender appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. This bill would require that all persons in public schools be provided with equal rights and opportunities, and shall not be discriminated against in educational institutions of this state on the basis of a persons' "gender identity" or "gender expression." This bill would expressly add "gender expression" to the above definition of "gender" and would mean a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. In support of this provision, the California Faculty Association, which represents 24,000 faculty, coaches, counselors and librarians at the California State University, writes, "Ýwe] Ýsupport] any policy that protects faculty, staff and students from any discrimination on the basis of sex, race, nationality, sexual orientation, gender expression, and age. By further clarifying anti-discrimination laws and promoting equal protection in regards to gender identity and gender expression, this bill will help ensure enforcement of these laws for students, staff and educators within the CSU system, and for California citizens in general." By expressly adding gender identity and gender expression to the codes, rather than referencing the definition by cross-reference, schools and students will more clearly understand that transgender and gender non-conforming students and teachers must be provided with equal rights and opportunities. d. Insurance Anti-discrimination Statutes Under existing law, an insurance provider for life or disability insurance shall not fail or refuse to accept an application for insurance based on the applicant's race, color, religion, sex, national origin, ancestry, or sexual AB 887 (Atkins) Page 14 of ? orientation. This bill would expressly add gender, gender identity, and gender expression to this list. As with the other previously discussed provisions, these terms are being expressly added to this section, rather than being referred to by a cross-reference. Existing law also states that an insurer shall not cancel or refuse to renew an insurance policy for a religious institution, educational institution, or nonprofit group if a hate crime has been committed against the organization and the group submitted a claim based on that crime. As defined in existing law, in this section a "hate crime" is a crime perpetrated against an organization or a member of the organization based on the actual or perceived race, color, religion, ancestry, national origin, disability, gender, or sexual orientation of the organization or member of the organization. This bill would expressly add gender identity, and gender expression to this list. Further, the Healthy Families program must be administered without regard to a person's gender, race, creed, color, sexual orientation, health status, disability, or occupation. This bill would require that the Healthy Families program be administered without regard to a person's gender identity, or gender expression, thus expressly prohibiting the Healthy Families program from discrimination on these bases. e. Anti-Discrimination Labor Statute Under existing law, when determining whether to grant or deny a worker's compensation claim, if an employee is injured or killed by a third party, no personal relationship shall be deemed to exist between the employee and third party solely because the third party's personal beliefs relating to his or her perception of the employee's race, religious creed, color, national origin, age, gender, disability, sex, or sexual orientation. This bill would add gender identity and gender expression to this list. 4. Opposition's concerns: The Capitol Resource Family Impact, in association with the Capitol Resource Institute, in opposition to the bill, argues that "Ýthis bill] is yet another attempt to further create gender confusion in society by loosely defining and altering a person's natural sex through the codification of gender identity AB 887 (Atkins) Page 15 of ? and expression as a protected class." 5. If approved, this bill should be sent back to the Senate Rules Committee The Senate Rules Committee has requested that, should this bill be approved by this committee, it should be sent back to the Rules Committee for consideration of a request by the Senate Committee on Public Safety to hear the bill. Support : American Civil Liberties Union; American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO; California Communities United Institute; California Employment Lawyers Association; California Faculty Association; California National Organization for Women; Consumer Attorneys of California; Public Advocates; Sacramento Gay & Lesbian Center; The Trevor Project Opposition : Capitol Resource Family Impact; Capitol Resource Institute HISTORY Source : Equality California; Transgender Law Center; Gay Straight Alliance Network Related Pending Legislation : SB 559 (Padilla) would add "genetic information" to the list of prohibited bases of discrimination under the Unruh Civil Rights Act and the Fair Employment and Housing Act. This bill is currently in the Assembly Committee on Judiciary. Prior Legislation : AB 1400 (Laird, Chapter 420, Statutes of 2005.) (See Background.) AB 196 (Leno, Chapter 164, Statutes of 2003) imported the definition of "gender" from the hate crimes statute into the Fair Employment and Housing Act (FEHA), thereby extending the FEHA prohibition against discrimination to that based on perceptions of an individual's gender, regardless of whether the perceived gender characteristics are different from those traditionally associated with the individual's sex at birth. AB 887 (Atkins) Page 16 of ? Prior Vote : Assembly Floor (Ayes 54, Noes 24) Assembly Committee on Appropriations (Ayes 12, Noes 5) Assembly Committee on Judiciary (Ayes 7, Noes 3) **************