News in Depth
LB Ass'ywoman Oropeza Voted "No" & Ass'yman Lowenthal Didn't Vote On Dec. 11 Assembly Motions To Discuss VLF Backfill Bills -- Including Lowenthal's Bill
(Dec. 16, 2003) -- In what was likely the final Assembly session until 2004, LB area Assemblywoman Jenny Oropeza voted "no," and Assemblyman Alan Lowenthal didn't vote, on motions by Assembly Republicans to take up two VLF backfill bills -- including Lowenthal's own VLF backfill bill.
The bills would restore money lost to cities like Long Beach following Governor Schwarzenegger's reduction of the Davis administration's tripled car tax.
The official Assembly Daily Journal indicates that on the last motions to take up the Lowenthal (AB7) and Cox (AB3) VLF backfill bills at the Dec. 11 Assembly session, Assemblyman Lowenthal did not vote.
Assemblywoman Oropeza did vote...and voted "no" on motions to take up the Lowenthal or the Cox backfill bills at that session.
Earlier in the session, Lowenthal and Oropeza joined other Democrats in voting "no" on two Republican parliamentary motions seeking to discuss the Lowenthal and GOP backfill bills.
The votes occurred after Assemblymembers Oropeza and Lowenthal voted "yes" on putting on the ballot a compromise balanced budget constitutional amendment and deficit financing bond supported by Gov. Schwarzenegger and authored by Assemblywoman Oropeza. The Assembly approved both measures unanimously.
Following those votes, Assembly Republican leader Dave Cox (R, Fair Oaks) tried to take up his VLF backfill bill (AB3). The Assembly Journal indicates the following took place. Bracketed material and boldface of LB legisltors' names are by us.
Parliamentary Inquiry
Assembly Member Cox [R., Fair Lawn] arose to a point of parliamentary inquiry whereupon he requested unanimous consent to dispense with the Call of the Assembly on the Shirley Horton motion for a suspension of the Rules as relates to Assembly Bill No. 3 [Cox's VLF backfill bill] and made remarks in debate relative to the bill.
Point of Order
Assembly Member Firebaugh [D., South Gate] arose to the following point of order:
Assembly Member Cox is making remarks in debate, not in order
under the Rules, when arising to a point of parliamentary inquiry.
The Speaker pro Tempore ruled the point of order well-taken.
Motion to Appeal from the Decision of the Chair
Assembly Member Cox moved to appeal from the decision of
the Chair.
The question being: Shall the decision of the Chair that Assembly Member Cox’s remarks debating Assembly Bill No. 3 are not in order when arising to a point of parliamentary inquiry or in moving to dispense with a Call of the Assembly, be overruled?
The roll was opened and the decision of the Chair sustained by the
following vote:
AYES: 29
Aghazarian, Bates, Benoit, Bogh, Campbell, Cogdill, Cox, Daucher, Dutton, Garcia, Harman, Haynes, Horton, Shirley Houston, Keene, La Malfa, La Suer, Leslie, Maldonado, Maze, McCarthy
Nakanishi, Plescia, Richman, Runner, Samuelian, Spitzer, Strickland, Wyland
NOES: 48
Berg, Bermudez, Calderon, Canciamilla, Chan, Chavez, Chu, Cohn, Corbett, Correa, Diaz, Dutra, Dymally, Firebaugh, Frommer, Goldberg, Hancock, Horton, Jerome. Jackson, Kehoe, Koretz,
Laird, Leno, Levine. Lieber, Liu, Longville, Lowenthal, Matthews, Montanez, Mullin, Nakano, Nation, Negrete McLeod, Nunez, Oropeza, Parra, Pavley, Reyes. Ridley-Thomas, Salinas, Simitian. Steinberg, Vargas, Wiggins, Wolk, Yee, Mr. Speaker
Haynes Motion to Dispense with Call of the Assembly
Assembly Member Haynes moved to dispense with the Call of the Assembly on his motion to suspend the Rules to permit consideration of Assembly Bill No. 7 [], without reference to file.
Assembly Member Cox seconded the motion.
Motion lost by the following vote:
AYES: 31
Aghazarian, Bates, Benoit, Bogh, Campbell, Cogdill, Cox, Daucher, Dutton, Garcia, Harman,
Haynes, Horton, Shirley, Houston, Keene, La Malfa, La Suer, Leslie, Maddox, Maldonado, Maze, McCarthy, Nakanishi, Pacheco, Plescia, Richman, Runner, Samuelian, Spitzer, Strickland, Wyland
NOES: 46
Berg, Bermudez, Calderon, Chan, Chavez, Chu, Cohn, Corbett, Correa, Diaz, Dutra, Dymally, Firebaugh, Frommer, Goldberg, Hancock, Horton, Jerome, Jackson, Kehoe, Koretz. Laird. Leno, Levine, Lieber, Liu, Longville, Lowenthal, Matthews, Montanez, Mullin, Nakano, Nation, Negrete McLeod, Nunez, Oropeza, Parra, Pavley, Reyes, Salinas, Simitian, Steinberg, Vargas, Wiggins, Wolk, Yee, Mr. Speaker
CALL OF THE ASSEMBLY DISPENSED WITH ON HAYNES MOTION TO SUSPEND RULES RELATIVE TO
ASSEMBLY BILL NO. 7
At 9:37 p.m., on motion of Assembly Member Firebaugh, and in the absence of any objection, further proceedings under the call of the Assembly were dispensed with.
The Haynes motion to suspend the Rules to permit consideration of Assembly Bill No. 7 [Lowenthal], without reference to file, lost by the following vote:
AYES: 33
Aghazarian, Bates, Benoit, Bogh, Campbell, Cogdill, Correa, Cox, Daucher. Dutton, Garcia, Harman, Haynes, Horton, Shirley, Houston, Keene, La Malfa, La Suer, Leslie, Maddox, Maldonado, Maze, McCarthy, Mountjoy, Nakanishi, Pacheco, Plescia, Richman, Runner, Samuelian, Spitzer, Strickland, Wyland
NOES: 42
Berg, Bermudez, Calderon, Canciamilla. Chan, Chavez, Chu, Cohn, Corbett, Dymally, Firebaugh, Frommer, Goldberg, Hancock, Horton, Jerome, Jackson, Kehoe, Koretz, Laird, Leno, Levine, Lieber, Liu, Longville, Montanez, Mullin, Nakano, Nation, Negrete McLeod, Nunez, Oropeza, Pavley, Reyes, Ridley-Thomas, Salinas, Simitian, Steinberg, Vargas, Wiggins, Wolk, Yee, Mr. Speaker
CALL OF THE ASSEMBLY DISPENSED WITH ON SHIRLEY HORTON MOTION TO SUSPEND RULES RELATIVE TO ASSEMBLY BILL NO. 3
At 9:38 p.m., on motion of Assembly Member Firebaugh, and in the absence of any objection, further proceedings under the call of the Assembly were dispensed with.
The Shirley Horton motion to suspend the Rules to permit consideration of Assembly Bill No. 3 [Cox], without reference to file, lost by the following vote:
AYES: 33
Aghazarian, Bates, Benoit, Bogh, Campbell, Cogdill, Correa, Cox, Daucher, Dutton, Garcia, Harman, Haynes, Horton, Shirley, Houston, Keene, La Malfa, La Suer, Leslie, Maddox, Maldonado, Maze, McCarthy, Mountjoy, Nakanishi, Pacheco, Plescia, Richman, Runner, Samuelian, Spitzer, Strickland, Wyland
NOES: 40
Berg, Bermudez, Calderon, Canciamilla, Chan, Chavez, Chu, Cohn, Corbett, Dymally, Firebaugh, Frommer, Goldberg, Hancock, Jackson, Kehoe, Koretz, Laird, Leno, Levine. Lieber, iu
Longville, Montanez, Mullin, Nakano, Nation, Negrete McLeod, Nunez, Oropeza, Reyes, Ridley-Thomas, Salinas, Simitian, Steinberg, Vargas, Wiggins, Wolk, Yee, Mr. Speaker
Similar VLF backfill bills were bottled up in state Senate committees, chaired by Democrats who also hold a majority in that body.
Messages left with the Sacramento offices of Assemblymembers Oropeza and Lowenthal on Dec. 11, seeking comment on the Assembly's adjournment without taking action on the VLF backfill, were not returned.
Accounts in other media indicate Governor Schwarzenegger is meeting with the Democrats' legislative leadership in hopes of fashioning a VLF backfill.
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