facing race

2009 Legislative Report

Card on Racial Equity
california
Facing Race: 2009 Legislative Report Card is a project of the Applied Research Center and the Community Development
Institute (CDI). ARC is a public policy institute advancing racial justice through media, research and activism. The Applied
Research Center publishes the award-winning ColorLines magazine and has offices in Oakland, Chicago and New York City.

CDI’s mission is to develop well-trained leaders and to support and nurture community-based organizations, public
agencies, and businesses to promote community self-determination and sustainability.

Cover Photo: istockphoto/Aldo Murillo

 RACE MATTERS EVEN
MORE IN A RECESSION
During the writing of this fifth edition of the Legislative
Report Card on Racial Equity, the State of California
suffers from a crisis of leadership, vision and moral fortitude.
In 2009, the economic downturn that gripped the nation
nearly ravaged the coffers of the Golden State. Publically-
funded programs and services that serve low-income
Californians—who are disproportionately people of color—
became the target of a Governor and state legislature
desperate for a fiscal scapegoat. As the general population
moved into an officially recognized recession, many
communities of color had already been there for some time.
Employment indicators reflect the recessionary impacts on communities of color. As of
August 2009, California’s unemployment rate was 14.6 percent for African Americans and
12.0 percent for Latinos, compared to 8.4 percent for whites. In 2009, California had the
second-highest rate in the nation at 19.6 percent of the workforce classified as unem-
ployed, underemployed or discouraged worker.1 The Center for Social Inclusion found that
states with larger people of color populations were the most affected by the economic
stagnation. The report, which produced a multivariable index of quality of life components
such as housing affordability, foreclosure rates, healthcare coverage, wages, income sus-
tainability and poverty, and gross domestic product, ranked California in the top quartile
(number 8) of states negatively impacted by the economy’s decline. 2

At the end of the third quarter of 2008, African Americans and Latinos had significantly
higher poverty rates than whites. The Latino poverty rate was 29.2 percent, followed by
the African American rate of 27.2 percent. In comparison, the white poverty rate was
11.3 percent.

Beyond these numbers and statistics, the recession disproportionately touches the lives
of people of color. They are more likely to have no economic safety net, like savings.
Undocumented residents do not receive unemployment insurance. Job loss also means
the loss of health insurance. Finally, there is greater difficulty paying for basic necessities
like housing and food. In fact, the median financial wealth of African Americans nationally,
as defined by liquid and semi-liquid assets such as funds, retirement and pensions, was
$300. 3 The Pew Hispanic Center found that “large segments of Hispanic and Black house-
holds are extremely vulnerable to economic downturns since over one-quarter of them
have zero or negative net worth.” 4

2 | the applied research center • 2009 legislative Report Card on Racial Equity
 CALIFORNIA: A MAJORITY
OF PEOPLE OF COLOR

During the period 2000 to 2008, people of color populations

Figure 1: Population of Color increased in all California counties except one. 5 The proportion
Increases by California County of Californians that were of color increased from 51 percent in
2000 to close to 58 percent in 2008.

Latinos made the largest gains in population count between 2000

and 2008, increasing by 2.5 million to over 13.2 million. Between
2000 and 2007, Californians self-identifying as multiracial had the
largest percentage increase (53 percent), adding almost 336,000
persons and reaching nearly one million total (979,000).6

Pacific Islanders surpassed their 2000 population by 24 percent,

and they now have a population of 194,000. Native Americans
gained 15 percent with a population of 212,000.

According to the 2008 Current Population Survey, Asians actually

lost one percent of their population, decreasing from 4.25 million
to 4.22 million. Similarly, the number of white Californians
decreased by seven percent during the same period.

Over 27 percent of Californians were foreign-born

in 2008. The immigrant population grew by
13 percent from 2000 to 2008 to over
9.9 million. Fifty-seven percent of
immigrants are from Latin America
and 27 percent from Asia.7

% Change POC 2000-2008

0-10%

11-20%

21-70%

3 | the applied research center • 2009 legislative Report Card on Racial Equity
 Race and the Budget
Former President George W. Bush once said of a
document: “It must be a budget. It has numbers
in it.” Advocates of racial equity say: “It must be a
budget. It has people affected by it.”
The 2009-2010 California state budget is one of the most
unjust in our history. Facing a revenue shortfall of $26.2
billion, legislators agreed to massive cuts in every social,
educational and health program that supports those
already bearing the brunt of economic and social margin-
alization. The rich are, in fact, getting richer, and therefore
the poor are getting poorer, among whom people of color
are greatly overrepresented. The bipartisan, bicameral
agreement to eliminate services that people depend on to
survive was a singular act of racial injustice.
Health and Human Services is approximately 28% of
the annual budget, with education at a voter-determined
minimum of 40%. Neither was immune from the Gover-
nor’s blue pencil or the legislature’s deals.
Budget “deal” to cut care
In February, budget bill ABX3 16 created a budget “deal”
that gained the temporary tax increases advocated for by
Democrats at the cost of allowing Republicans to achieve
drastic cuts in support to California’s most vulnerable
populations. Neither side of the legislative aisle proposed
any equitable, substantive solutions. Instead, the bill
includes permanent elimination of Medi-Cal “optional”
benefits such as dental and psychological care, reductions
to In-Home Supportive Services (IHSS), cuts to Cost of
Living Allowances (COLA) and severe reductions in ser-
vices for those with developmental disabilities. “Optional”
benefits are essential for those without means. For people
with disabilities, incontinence creams and washes are basic
hygiene; podiatry is imperative for those with acute diabe-
tes, who can lose limbs from improper footcare leading to
gangrene. The 440,000 living independently with help from
IHSS face being institutionalized at much higher cost, and
losing the COLA means less money to meet rising costs.
None of these services is a “frill.”
As the national economy worsened and budget rev-
enues fell, the Governor’s May revision of the budget
called for deeper cuts. He proposed the total elimination
of CalWORKs, the program that helps 1.4 million adults
4 | the applied research center • 2009 legislative Report Card on Racial Equity
and children move from welfare to work. He proposed
the elimination of the federally supported Healthy Families
program providing subsidized health insurance to 900,000
children of working families. Those two programs would
have impacted over two million Californians left without
any income or healthcare for their children.
Regulating poor people rather than
revising poor planning
Building on old but still effective racist stereotypes of the
“welfare queen,” the Governor’s public message on IHSS
cutbacks was that he was rooting out fraud and abuse
that he declared equaled 25% of the program. Examina-
tion by the Legislative Analyst’s Office found only 5%. 8
Two budget trailer bills, ABX4 4 and ABX4 8, further
evidenced the Governor’s contempt for the poor and
the racial injustice inherent in his proposed cuts. His key
target, CalWORKs, survived, but the Legislature passed
radical measures such as fingerprinting all 300,000-plus
IHSS providers and then made more drastic cuts in
CalWORKs, which the Governor called “too lenient
and too generous,” saying only 22% of CalWORKs adult
recipients worked. Frank Mecca, director of the County
Welfare Directors Association, noted that two-thirds of
adults had jobs, but the Governor’s view prevailed.9 As
with the damage done to families from invoking Reagan’s
“welfare queen,” mainstream media were again complicit
by not challenging the racist rhetoric with the facts.
CalWORKs serves those with poor education, among
whom communities of color are, of course, overrepresented.
Nearly 70% of recipients are Latino, Asian and African
American.10 In the face of the state’s unemployment rate
of 12.2%, CalWORKs adults not yet working now must
find jobs. CalWORKs’ time allotment of 60 months was
reduced to 48, forcing families to “sit out” for 12 months.
Self-sufficiency reviews to retain eligibility will occur every
six months instead of annually. The budget imposed full-
family sanctions, cutting off children if their parents did
 not work—regardless of reasons such as poor health, lack
of transportation or childcare, etc.—and those sanctions
would be included in the number of months families would
be on CalWORKs. Legally present children of undocu-
mented parents would be limited to 24 months of support.
Finally, monthly cash grants from which all recipients pay
for rent, toiletries, clothes and school supplies, fell again
from $694 to $651.
Further cuts included a $20.4 million reduction to do-
mestic violence shelters, $82 million reduction in AIDS/HIV
services that virtually eliminated screening and treatment,
$80 million reduction to Child Welfare Services protecting
abused and neglected kids, and closed centers for those with
developmental disabilities. In an 11th-hour bipartisan move,
Healthy Families was restored via a federally subsidized tax
on health insurance policies, but all other cuts remain.
A $5.3 billon cut in public K-12 education—about
$3,000 per child—placed many schools serving communi-
ties of color on the edge of insolvency. Higher education
was denied its cost-of-living increase, forcing tuition hikes
for middle- and low-income students. Cal Grants, the
support many students use to obtain higher education,
were cut, leaving 118,000 college-bound students without
financial support. One good outcome for education
in ABX4 8 was greater empowerment of parents and
students over spending in categorical funds with greater
school district accountability and transparency. Overall,
however, education cuts were accomplished with little
the truth about welfare policy: Making Law from Lies
The popular notion of racism—defined narrowly as intentional,
blatant and malicious prejudice or bigotry between individu-
als of different races—leads to limited remedies focused on
individual punishment and change, while ignoring systemic in-
equities and disparate impacts. The associationof the “Welfare
Queen” with social benefits is one example of this.
Millions who are out of work, losing homes and struggling
to stay afloat are nevertheless denied access to Temporary
Assistance for Needy Families (TANF). The punitive rules
established after twenty years of racially coded frenzy to “end
welfare as we know it” have left Americans with no safety net
during this deepening economic crisis.
TANF replaces the Aid
to Families with Dependent Children program and its creation
relied on mythologized images of the “welfare queen” driving
Cadillacs conjured by Ronald Reagan’s presidential campaign.
This kind of racial scapegoating, the politics many believe
we outgrew with Obama’s election, vilified welfare recipients
(who were initially mostly white) and led to rules that are so
complicated and punitive that many struggling families cannot
get the help they need. Now that all of us—not just people of
color—are in recession free fall, there is nothing available to
catch us. To fix TANF, we will have to put aside racial stereo-
types to do what is best for the largest number of people.
When Welfare Reform passed in 1996, our macro economic
outlook was optimistic and the rhetoric of “personal respon-
sibility” was ubiquitous. The welfare rolls plummeted and
5 | the applied research center • 2009 legislative Report Card on Racial Equity
regard for low-income communities of color whose
students are already struggling against great structurally
created odds to get a decent education.
Unilateral sacrifices
What could have changed much of this outcome? Greater
revenue. But the Governor and legislature failed to in-
crease taxes significantly. This cuts-only budget was hailed
as “living within our means.” However, corporate handouts
continues unaffected—several significant tax breaks were
given to large corporations, one permanently costing the
state $2.5 billion annually. Millions for Hollywood were
also doled out, and the long-sought oil severance tax was
defeated, making California the only oil-producing state giv-
ing away its resources without any compensation from oil
producers. While legislators and the Governor claimed a
commitment to assuring tax money was being wisely spent
on only the “deserving” poor in communities of color, they
included no method of verification that tax relief for corpo-
rations was being used for its purported ends.
It is instructive that the Governor and the legislature
report all cuts to social programs in terms of dollars, not
the numbers of people affected. When the Governor was
campaigning in 2003, he said he would come to Sacramen-
to and “blow up the boxes” to fix the fiscal mess. Those
boxes represent the wellbeing of poor communities of
color and others across the state whose futures hang in
the balance with every vote and swipe of the veto pen.
conservative and liberals alike declared success. But unknown
numbers of families were left underemployed, underpaid
and unable to comply with punitive regulations. According to
Robert Wharton, the president and chief executive officer of the
Community Economic Development Administration, “Ten years
into welfare reform, caseloads may have decreased, but the
number of people living in poverty has not.”
A society cannot survive without a safety net and we don’t have
one during the worst economic crisis in decades. TANF needs
serious reconsideration including a rescinding of punitive work
requirements and an end to the time limits that cut people off af-
ter 5 years total enrollment. We need to ensure that families have
access to supplementary benefits like food stamps, fully subsi-
dized child care, transportation and housing assistance and we
need to remove debilitating eligibility requirements that exclude
many documented immigrants and people with past involvement
with the criminal justice system. To do these things Americans
have to be willing to move past their racial stereotypes about
people of color and welfare.
The country recently came together
in a proud moment to inaugurate our first president of color. We
did so by putting our racial divisions aside in the name of col-
lective economic self-interest. Now we need to do the same by
rebuilding a system of support for everyone.
Taken from It’s Time to Rethink Our Welfare Policy, by Applied
Research Center Senior Researcher Seth Wessler
 REPORT FINDINGS
Within the context of great economic challenges, both the
Governor and the Senate earned “F” ratings on their support
of racial equity legislation; the Assembly received a “D.” By far the
Governor’s rating was the lowest at 35 percent, followed by the Senate’s 54 percent and
the House’s 65 percent. Most of the progressive racial equity bills were authored in the
Assembly. The composite rating for the Senate dropped five percent, and the Assembly
lost four percent compared to their ratings in 2007.
Governor Arnold Schwarzenegger scored well on criminal justice bills, especially those
that supported juveniles. Similarly, he correctly vetoed a bill that would have expanded the
correctional-industrial complex in California. Nonetheless, his score was 24 percent lower
than the last rating of 59 percent awarded in 2007.
Assembly members authored 22 of the 25 progressive bills that were reviewed in
this edition of the Racial Equity Report Card. Leaders of note include: Speaker Bass and
Assembly Members de Leon, De La Torre, Ammiano and Solorio, who each proposed
two or more bills supporting racial equity.
The composite rating data shows that the grades received by legislators were directly
proportional to the percentage of people of color in their districts; in other words, the
average rating of legislators increased based on the percent of people of color in their
districts in both the Senate and the Assembly.
Assembly members who received an “A” rating include Tom Ammiano, Speaker Karen
Bass, Julia Brownley, Joe Coto, Hector De La Torre, Mike Eng, Paul Fong, Edward P.
Hernandez, Kevin de Leon, Sandre R. Swanson and Norma Torres. Senate leaders
received the following grades: President pro Tem Darrell Steinberg “B,” Assistant President
pro Tem Leland Yee “C” and Senate Majority Leader Dean Flores “D.” Both houses scored
poorly on bills related to legislative racism.

Grades by House with District Demographics

total criminal housing health green education civil leg.
grade
score justice economic equity equity equity rights racism
assembly total 65% D 62% 59% 51% 59% 80% 71% 9%
Districts 50-100%
55% F 62% 59% 51% 59% 80% 71% 9%
White
District 50-75%
73% C 82% 80% 78% 76% 93% 88% 0%
People of Color
District 75-100%
83% B 92% 93% 91% 91% 92% 96% 0%
People of Color
Senate total 54% F 73% 67% 60% 61% 75% 75% 5%
Districts 50-100%
43% F 60% 50% 42% 42% 65% 64% 8%
White
District 50-75%
64% D 87% 80% 72% 73% 87% 85% 3%
People of Color
District 75-100%
66% D 87% 88% 82% 87% 83% 88% 0%
People of Color

Governor 35% F 75% 25% 20% 0% 25% 50% 100%

6 | the applied research center • 2009 legislative Report Card on Racial Equity
 HOUSING AND
ECONOMICS

AB 764, REAL ESTATE BROKERS (Nava) SB 789, LABOR REPRESENTATIVES:

This bill seeks to crack down on predatory private loan ELECTIONS (Steinberg)
modifications. The bill would prohibit companies from This bill gives agricultural employees an alternative
charging up-front fees. method for choosing their collective bargaining repre-
8 Vetoed by the Governor sentative—the majority signup election—which is less
complicated and faster than the existing secret ballot
election. All elections would be monitored by Agricultural
X3 AB 23, UNEMPLOYMENT INSURANCE: Labor Relations Board.
EXTENDED BENEFITS (Coto) 8 Vetoed by the Governor
This bill extends unemployment benefits for 20 weeks
to take advantage of Federal funding.
4 Signed by the Governor

AB 838, OCCUPATIONAL SAFETY AND

HEALTH (Swanson)
This bill seeks to protect workers from dangerous levels
of heat, via education and procedures that limit exposure.
AB 838 is the reintroduction of AB 1045 (Richardson)
that would establish indoor worker heat regulations,
which was vetoed by the Governor.
8 Vetoed by the Governor

7 | the applied research center • 2009 legislative Report Card on Racial Equity
 HEALTH EQUITY

AB 1422, CALIFORNIA CHILDREN AND AB 98, INSURANCE: MATERNITY SERVICES

FAMILIES ACT OF 1998 (Bass) (De La Torre)
This bill seeks to save the Healthy Families Program (HFP) This bill mandates that all health insurance that cov-
after state budget cuts. HFP provides health insurance ers hospital, medical or surgical expenses that is issued,
to low- and moderate-income families. The bill draws amended, renewed, or delivered on or after January 1,
funding from and extends the gross premium tax of 2.35 2010, also cover maternity services.
percent to draw down on federal funds to MediCal man- 8 Vetoed by the Governor
aged care (MCMC) plans; and, authorizes the California
Children and Families Commission (CCFC or First 5) to
make specified transfers of program revenues. AB 657, HEALTH PROFESSIONS
4 Signed by the Governor WORKFORCE: MASTER PLAN (Hernandez)
This bill would create a state master plan for increasing
AB 2, INDIVIDUAL HEALTH CARE healthcare workforce diversity.
COVERAGE (De La Torre) 8 Vetoed by the Governor
This bill is a reintroduction of AB 1945, which was
vetoed in 2008. AB 2 creates an independent review
SB 196, EMERGENCY MEDICAL
process when an insurer seeks to rescind a consumer’s
SERVICES (Corbett)
health policy, creates new standards and requirements
for medical underwriting and requires state review This bill requires public notice of hospital closure or
before plan approval. reduction/elimination of emergency medical services
and provides more time to develop local options and
8 Vetoed by the Governor
alternatives. The bill also mandates three public hearings
before closure.
8 Vetoed by the Governor

8 | the applied research center • 2009 legislative Report Card on Racial Equity
 EDUCATION EQUITY

AB 8, EDUCATION FINANCE: AB 544, TEACHING CREDENTIAL:

WORKING GROUP (Brownley) AMERICAN INDIAN LANGUAGE (Coto)
This bill mandates the development of a working group This bill authorizes teacher credentialing in Native
comprised of the Department of Finance and the Legis- American languages in public schools.
lative Analyst to produce recommendations within the 4 Signed by the Governor
framework of the Governors Committee on Educational
Excellence and the Institute for Research on Education AB 1510, PUBLIC SCHOOLS:
Policy and Practice’s Getting Down to Facts: School Finance PARENTAL ACCESS (Eng)
and Governance in California to develop a better public This bill would allow parents to bring interpreters to
school financing system. school-related parent meetings, such as student disciplin-
8 Vetoed by the Governor ary proceedings. It also requires multilanguage noticing.
8 Vetoed by the Governor
AB 132, SCHOOL SAFETY IMMIGRATION
INVESTIGATIONS (Mendoza)
The bill declares that under law, all children are entitled
to a public education while in California, regardless of
immigration status, and that California schools should
take steps to protect the integrity of the learning environ-
ment for all children. This bill establishes a process where
school employees who are aware that a pupil’s parent or
guardian is not available to care for the pupil remit the
child to Child Protective Services only if the school is
unable to arrange for care through the use of emergency
contact information or other information or instructions
provided by the parent or guardian.
8 Vetoed by the Governor

9 | the applied research center • 2009 legislative Report Card on Racial Equity

AB 750, DEFERRED ENTRY OF
JUDGMENT (Bass)
Modeled after San Francisco’s successful Back on Track
program, this bill requires drug counseling and educa-
tional and workforce training, specifically creating a drug
diversion program for nonviolent drug offenders overseen
by Superior Courts.
4 Signed by the Governor
AB 845, CORRECTIONS: REENTRY
ADVISORY COMMITTEE (Bass)
This bill meets the funding requirements of the federal
Second Chance Act, requiring the Department of Correc-
tions and Rehabilitation to establish a Reentry Advisory
Committee. The expanded body is charged with pursuing
federal funds, developing a comprehensive reentry plan
and developing a comprehensive resource guide.
8 Vetoed by the Governor
10 | the applied research center • 2009 legislative Report Card on Racial Equity
CRIMINAL JUSTICE
AB 1053, INTERSTATE COMMISSION
FOR JUVENILES (Solorio)
This bill revises the parole guidelines for foster youth.
There is no system in place to return runaway youth to
their home states, and as such many juveniles end up in
the adult criminal justice system. This bill would enable
the state to participate in the Interstate Commission
for Juveniles and would also require the Department of
Juvenile Justice to provide for reentry services for wards
of the State.
4 Signed by the Governor
SB 118, CHILD WELFARE SERVICES:
INCARCERATED PARENTS (Liu)
This bill seeks to create a system where information
on incarcerated parents is managed and plans are pro-
duced and used to maintain relationships where possible
between incarcerated parents and their children in foster
care. The bill also promotes information sharing between
state and local agencies.
4 Signed by the Governor

AB 1288, THE EMPLOYMENT
ACCELERATION ACT OF 2010 (Fong)
This bill prohibits State or local government from
requiring an employer to use an electronic employment
verification system, including the federal Basic Pilot or
E-verify systems, to exclude certain groups.
8 Vetoed by the Governor
AB 938, RELATIVE CAREGIVERS AND
FOSTER PARENTS (Judiciary Committee)
This bill allows relatives to be part of the process and
be given information on how to assist the children when
custodial parents are not available. The bill also makes
California’s policies congruent with the U.S. Fostering
Connections to Success and Increasing Adoptions Act of
2008 to ensure that federal funds are not lost.
4 Signed by the Governor
11 | the applied research center • 2009 legislative Report Card on Racial Equity
CIVIL RIGHTS
AB 770, INDIAN TRIBES: FOSTER CARE AND
ADOPTION PROGRAMS (Torres, Ammiano)
This bill would make it the policy of the state to maximize
the opportunities for Native American tribes to operate
foster care programs for Native American children pursu-
ant to the federal (Title IV-E) Fostering Connections to
Success and Increasing Adoptions Act of 2008.
4 Signed by the Governor
AB 772, THE LOCAL GOVERNMENT
IDENTIFICATION ACT (Ammiano)
This bill establishes the Local Government Identifica-
tion Act, which would authorize counties to issue local
identification cards to persons who can provide proof of
identity and proof of residency within a county.
8 Vetoed by the Governor
 GREEN EQUITY

AB 1405, CALIFORNIA GLOBAL WARMING AB 3, RENEWABLE ENERGY WORKFORCE

SOLUTIONS ACT OF 2006: COMMUNITY READINESS INITIATIVE: LOCAL WORK-
BENEFITS FUNDS (De Leon, Perez) FORCE INVESTMENT BOARDS (Perez)
This bill creates a Community Benefits Fund to direct a This bill instructs the Workforce Investment Board to
portion of the revenues generated through the implemen- produce an initiative related to green job workforce
tation of AB 32 to help Californians who are least able development and placement to include groups hampered
to confront the expected impacts of the climate crisis. by historical barriers.
The funds would be used to provide energy efficiency 8 Vetoed by the Governor
upgrades for schools, senior centers and low-income
housing, improvements to mass transit, clean distributed
electricity generation systems and programs that will AB 1404,CALIFORNIA GLOBAL
minimize health impacts caused by global warming. WARMING SOLUTIONS ACT OF 2006:
Inactive Senate Floor OFFSETS (De Leon)
This bill limits the use of “compliance offsets,” as defined,
to 10 percent of the greenhouse gas (GHG) emission
AB 1394, CALIFORNIA WORKFORCE reductions expected from market mechanisms used to
INVESTMENT BOARD: GREEN COLLAR meet the GHG reduction goals of AB 32.
JOBS COUNCIL (Bass) 8 Vetoed by the Governor
The bill expands the Green Collar Jobs Council’s du-
ties to: 1) fundraise, 2) coordinate with state and local
agencies and 3) ensure that projects funded are con-
sistent with the strategic initiative prior to authorizing
the expenditure of any funds made available to the state
pursuant to the federal American Recovery and Reinvest-
ment Act of 2009.
8 Vetoed by the Governor

12 | the applied research center • 2009 legislative Report Card on Racial Equity
 LEGISLATING RACIAL
INEQUITY
Public policies reinforce institutionalized racial inequities
when they result in adverse outcomes for communities of color,
regardless of intent. As demographics change, legislative leadership is needed to
ensure equity and fair treatment for all Californians regardless of race or citizenship.
The following bills, had they passed, would likely have perpetuated or aggravated existing
racial inequities.

SB 381, INSTRUCTION: COURSE OF STUDY (Wright)

This bill prohibits local school districts from adopting a graduation requirement that
includes the A-G coursework needed two meet admission standards for the University of
California (UC) and California State University (CSU) unless they also require students to
complete a sequence of at least three Career Technical Education (CTE) courses.
Concerns about racial tracking have shifted policy debates about career technical educa-
tion and college preparation. As a result, communities across the state have organized to
ensure that students and parents are auditors of the educational path. SB 381 infringes on
the rights of communities of color and local school districts to have agency in the devel-
opment of policies that impact graduation policies. More egregious than its predecessor,
Senator Torlakson’s SB 672, the bill attempted to segregate students by explicitly mandating
that schools create two separate and distinct graduation tracks, without the resources to
upgrade existing CTE courses.
House Appropriation Committee

Levels of Racism

LEVEL DESCRIPTION

Individual/Internalized Racism Racial bias within individuals—one’s beliefs, attitudes and prejudices about race.

Interpersonal Racism Racial bias between individuals—public expression of bigotry and hate.

 acial bias within institutions such as schools and hospitals. Disparate outcomes
R
Institutional Racism reveal institutional racism, whether or not there is racist intent on the part of
individuals within that institution.

Structural Racism Racial bias among institutions and across society. Structural racism is the cumulative
effects of history, ideology, and culture and the result of institutions and policies that
favor whites and disadvantage people of color.

13 | the applied research center • 2009 legislative Report Card on Racial Equity
 AB 320, COUNTY JAILS: REENTRY FACILITIES (Solorio)
AB 320 would create another incentive for counties that apply for AB 900 bond money
($3.6 billion for prisons, $750 million for county jail facilities) by granting equal preference
to counties that provide reentry services to inmates. Opponents assert that the bill would
expand the prison system by providing capital funds for new jail facilities for reentry.
The AB 900 funds do not support the maintenance or expansion of existing nongovern-
mental reentry programs, which may be more impactful than jail-based programs. AB 900
authorized $7.4 billion in lease-revenue bond financing for the construction of 40,000 new
state prison beds and 13,000 new county jail beds, in a state that already devotes more
than 10% of its operating budget toward incarcerating inmates.11 California outspends ev-
ery state in the nation except Michigan in sustaining its long-troubled corrections system.
By 2012, the state will be spending more on its prisons than on educating students in its
public universities.12
8 Vetoed by the Governor

SB 696, SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT:

CEQA: PERMITS (Wright)
This bill would allow the South Coast Air Quality Manage District to allocate permits
overruling a Superior Court decree (Natural Resources Defense Council v. South Coast
Air Quality Management District) that found that the District allocated unquantifiable
emission reduction permits to polluting private industry.13 The Court enacted a morato-
rium on new permits, which this bill seeks to overrule.
These safeguards are critical for communities of color in California, where one-third of
the nation’s air polluting facilities are located. In this state, stationary toxic and polluting
sites are concentrated in areas where large swaths of poor and communities of color
live.14 A UCLA study in 2001 found that although Latinos represent 40% of the total
population of Los Angeles County, more than 60% of residents who live adjacent to the
County’s highest polluting facilities are Latino.
Withdrawn from Senate Appropriations Committee

Legislative leadership is needed to ensure

equity and fair treatment for all Californians
regardless of race or citizenship.

14 | the applied research center • 2009 legislative Report Card on Racial Equity
 RATING THE GOVERNOR

On January 15, 2009, Governor Schwarzenegger

congratulated Senate and Assembly leaders for creating
the Dr. Martin Luther King Jr. holiday asserting: “King
has been a great hero who has given his life for justice
and equity and has been a great inspiration.”15 Clearly,
the Governor’s inspiration from King did not translate
into support for bills that promote racial equity and
justice. During the 2009 session, the Governor vetoed
almost two thirds of the racial justice-promulgating
bills that came across his desk. This is compared to
31 percent of these bills in 2006 and 2007. As such,
the Governor received an “F” this year for his lack of
support for racial justice bills, a few of which passed by
consensus in both houses.

15 | the applied research center • 2009 legislative Report Card on Racial Equity
 Below is a summary of the Governor’s performance on the racial
equity and justice bills that reached his office.

Criminal Justice
The Governor performed well on criminal justice reform, especially on measures that
pertain to youth. AB 1053 (Solorio) enables California to participate in the Interstate
Compact on Juveniles, which is a collaborative that focuses on delinquent youth. Also,
the State must now create a system where incarcerated parents will rezmain connected
with their children in foster care (SB 118, Liu). In an effort to lower prison incarceration
and recidivism rates, the State is now mandated to provide drug diversion counseling,
education and workforce training (AB 750, Bass). Conversely, the Governor failed to sign
a bill that sought to lower recidivism by creating a reentry advisory committee tasked
with developing plans to lower the rates (AB 845, Bass).

Workers’ Rights
The Governor vetoed two bills that would have offered more safety and rights to
workers. Similarly, labor unions will not be allowed to streamline the selection process
for collective bargaining via majority signup election (SB 789 Steinberg).

Health Equity
To his credit, the Governor supported saving the Healthy Families Program, which
provides health insurance to low- and moderate-income families. On the other hand, he
put the brakes on three other progressive bills, including an effort to create a healthcare
master plan that would diversify California’s healthcare workforce (AB 657, Hernandez).
Moreover, hospitals will not have to provide additional notice to a community before
they close, which was an attempt to stop the widespread closure of these facilities
(SB 196, Corbert). Finally, an bill was vetoed to force insurance companies to pay for
prenatal care and delivery (AB 98, De La Torre).

Education Equity
On a good note, California now credentials teachers that speak Native American
languages in public schools. Nonetheless, Governor Schwarzenegger stopped the forming
of a working group that would, within the recommendations of his own Governor’s
Committee on Educational Excellence, develop a better school finance system
(AB 8, Brownley). The Governor withheld his signature on two other education bills.
The first would have protected school-age children with parents who were arrested in
immigration raids from harassment and foster care when relatives are available (AB 544,
Coto). The second would have allowed for monolingual non-English-speaking parents to
bring translators to school meetings (AB 1510, Eng).

Civil Rights
California now has laws that provides more opportunity for Indian tribes to operate
foster care programs (AB 770, Torres, Ammiano) and a law that seeks to involve relatives
in foster care when custodial parents are not available (AB 938, Judiciary Committee).
However, Governor Schwarzenegger failed to sign into law two critical pieces of civil
rights legislation. The first bill would have banned the use of federal electronic verifica-
tions systems that m ay be unreliable in determining an employee’s legal eligibility. The
second bill would have empowered local jurisdictions to issue identification cards.

16 | the applied research center • 2009 legislative Report Card on Racial Equity
 LEGISLATIVE REPORT CARD

17 | the applied research center • 2009 legislative Report Card on Racial Equity
 GRADING METHODOLOGY
Bills were selected for this Report Card on the basis of their
potential to impact racial disparities positively or negatively.
This assessment was made in conjunction with several organizations from throughout
the state. Five criteria were used:

1. Does the legislation explicitly address racial outcomes and seek to eliminate
racial equities?
2. Will the legislation increase access to public benefits and institutions for
communities of color?
3. Does the legislation advance enfranchisement and full civic participation for
all Californians?
4. Will the legislation protect against racial violence, racial profiling and discrimination?
5. Is the legislation enforceable? Are there mechanisms in place for accountability?

To be included, a bill had to pass in the house of origin.

Legislators were graded based on their votes and authorship, if any, of a racial equity
bill that was voted out of its house of origin. Voting accounted for 90 percent of the
grade. For a maximum of twice, legislators authoring a racial equity bill earned an
additional 5 percentage points per bill. Conversely, legislators who introduced bills
that were detrimental to people of color lost 5 percentage points per bill, also with
a maximum of twice (10%). Votes against racial equity and missed votes reduced
legislators’ scores.

The grading scale is as follows:

A
90–100%
B
80–89%
C
70–79%
D
60–69%
F
0-59%

18 | the applied research center • 2009 legislative Report Card on Racial Equity
House

Criminal Justice

Education Equity
Health Equity

Legal Racism
Green Equity
Economics

Civil Rights
Housing &
% People
of Color in
District
2009 House District Grade Total % Leadership

Anthony Adams R-59 F 38% 0 67% 25% 40% 100% 67% 50% 0% 35%

Tom Ammiano D-13 A 91% 5% 100% 100% 100% 25% 100% 100% 0% 50%

Joel Anderson R-77 F 30% 0 33% 25% 0% 25% 67% 50% 100% 25%

Juan Arambula I-31 B 86% 0 100% 100% 100% 50% 100% 100% 0% 78%

Karen Bass D-47 A 96% 10% 100% 100% 100% 75% 100% 100% 0% 70%

Jim Beall Jr. D-24 B 86% 0 100% 100% 100% 100% 100% 100% 0% 43%

Bill Berryhill R-26 F 34% 0 33% 25% 20% 50% 67% 75% 0% 47%

Tom Berryhill R-25 F 30% 0 33% 25% 20% 100% 67% 50% 0% 29%

Sam Blakeslee R-33 F 30% 0 33% 25% 0% 75% 67% 50% 0% 36%

Marty Block D-78 C 75% 0 67% 75% 100% 75% 100% 100% 0% 60%

Bob Blumenfield D-40 B 86% 0 100% 100% 100% 75% 100% 100% 0% 57%

Curren Price, Jr/

Steven Bradford
D-51 F 26% 0 33% 25% 0% 100% 0% 75% 0% 85%

Julia Brownley D-41 A 91% 5% 100% 100% 100% 100% 100% 100% 0% 33%

Joan Buchanan D-15 C 75% 0 100% 100% 80% 25% 100% 75% 0% 37%

Anna M. Caballero D-28 C 79% 0 67% 100% 100% 25% 100% 100% 0% 72%

Charles M. Calderon D-58 C 71% 0 100% 100% 60% 100% 67% 100% 0% 81%

Wilmer Amina Carter D-62 B 86% 0 100% 100% 100% 100% 100% 100% 0% 79%

Wesley Chesbro D-1 B 86% 0 100% 100% 100% 100% 100% 100% 0% 21%

Connie Conway R-34 F 34% 0 33% 25% 20% 25% 67% 75% 0% 47%

Paul Cook R-65 F 26% 0 33% 25% 0% 0% 67% 50% 0% 38%

Joe Coto D-23 A 96% 10% 100% 100% 100% 33% 100% 100% 0% 80%

Mike Davis D-48 C 79% 0 100% 75% 80% 100% 100% 100% 0% 95%

Hector De La Torre D-50 A 93% 10% 100% 100% 100% 100% 100% 75% 0% 89%

Chuck DeVore R-70 F 26% 0 33% 25% 0% 100% 67% 50% 0% 33%

Duvall (Vacant) R-72 F 8% 0 0% 0% 0% 100% 67% 0% 0% 53%

Bill Emmerson R-63 F 41% 0 33% 50% 40% 25% 100% 50% 0% 48%

Mike Eng D-49 A 91% 5% 100% 100% 100% 100% 100% 100% 0% 87%

19 | the applied research center • 2009 legislative Report Card on Racial Equity
 Criminal Justice

Education Equity
Health Equity

Legal Racism
Green Equity
Economics

Civil Rights
Housing &
% People
of Color in
District
2009 House District Grade Total % Leadership

Noreen Evans D-7 C 71% 0 100% 75% 100% 75% 67% 75% 0% 40%

Mike Feuer D-42 B 86% 0 100% 100% 100% 100% 100% 100% 0% 25%

Nathan Fletcher R-75 F 34% 0 33% 25% 40% 25% 67% 50% 0% 35%

Paul Fong D-22 A 96% 10% 100% 100% 100% 100% 100% 100% 0% 53%

Felipe Fuentes D-39 B 83% 0 100% 100% 100% 75% 100% 100% 0% 86%

Jean Fuller R-32 F 30% 0 33% 25% 20% 25% 67% 50% 0% 35%

Warren T. Furutani D-55 B 86% 0 100% 100% 100% 100% 100% 100% 0% 78%

Ted Gaines R-4 F 30% 0 33% 25% 20% 25% 67% 50% 0% 20%

Cathleen Galgiani D-17 D 68% 0 100% 75% 60% 50% 100% 100% 0% 62%

Martin Garrick R-74 F 30% 0 33% 25% 20% 25% 67% 50% 0% 35%

Danny D. Gilmore R-30 F 34% 0 33% 25% 20% 25% 67% 75% 0% 73%

Curt Hagman R-60 F 26% 0 33% 25% 0% 25% 67% 50% 0% 53%

Isadore Hall III D-52 B 83% 0 100% 100% 100% 75% 100% 100% 0% 96%

Diane L. Harkey R-73 F 30% 0 33% 50% 0% 25% 67% 50% 0% 35%

Mary Hayashi D-18 B 86% 0 100% 100% 100% 100% 100% 100% 0% 56%

Edward P. Hernandez D-57 A 91% 5% 100% 100% 100% 100% 100% 100% 0% 80%

Jerry Hill D-19 B 86% 0 100% 100% 100% 100% 100% 100% 0% 47%

Alyson Huber D-10 D 60% 0 67% 75% 80% 50% 67% 75% 0% 35%

Jared Huffman D-6 B 86% 0 100% 100% 100% 100% 100% 100% 0% 22%

Kevin Jeffries R-66 F 34% 0 33% 50% 20% 25% 67% 50% 0% 43%

Dave Jones D-9 B 86% 0 100% 100% 100% 100% 100% 100% 0% 61%

Steve Knight R-36 F 30% 0 33% 25% 0% 50% 67% 50% 0% 48%

Paul Krekorian D-43 B 86% 0 100% 100% 100% 100% 100% 100% 0% 49%

Kevin de Leon D-45 A 96% 10% 100% 100% 100% 100% 100% 100% 0% 88%

Ted W. Lieu D-53 B 86% 0 100% 100% 100% 100% 100% 100% 0% 38%

20 | the applied research center • 2009 legislative Report Card on Racial Equity
 Criminal Justice

Education Equity
Health Equity

Legal Racism
Green Equity
Economics

Civil Rights
Housing &
% People
of Color in
District
2009 House District Grade Total % Leadership

Dan Logue R-3 F 30% 0 33% 25% 0% 25% 67% 50% 100% 19%

Bonnie Lowenthal D-54 B 86% 0 100% 100% 100% 100% 100% 100% 0% 49%

Fiona Ma D-12 B 86% 0 100% 100% 100% 100% 100% 100% 0% 65%

Tony Mendoza 56 C 76% 5% 33% 75% 100% 100% 100% 75% 0% 76%

Jeff Miller R-71 F 26% 0 33% 25% 0% 25% 67% 50% 0% 37%

William W. Monning D-27 B 86% 0 100% 100% 100% 100% 100% 100% 0% 30%

Pedro Nava D-35 B 84% 5% 33% 100% 100% 100% 100% 100% 0% 46%

Brian Nestande R-64 F 30% 0 33% 25% 20% 50% 67% 25% 0% 45%

Roger Niello R-5 F 34% 0 67% 25% 20% 25% 67% 50% 0% 24%

Jim Nielsen R-2 F 34% 0 33% 25% 20% 25% 67% 50% 100% 24%

John A. Pérez D-46 B 86% 0 100% 100% 100% 100% 100% 100% 0% 96%

V. Manuel Pérez D-80 B 88% 5% 100% 100% 100% 100% 100% 75% 0% 67%

Anthony J. Portantino D-44 B 83% 0 100% 100% 100% 75% 100% 100% 0% 61%

Ira Ruskin D-21 B 86% 0 100% 100% 100% 100% 100% 100% 0% 35%

Lori Saldaña D-76 C 79% 0 100% 75% 100% 100% 67% 100% 0% 37%

Mary Salas D-79 B 86% 0 100% 100% 100% 100% 100% 100% 0% 76%

Jim Silva R-67 F 30% 0 33% 50% 0% 25% 67% 50% 0% 37%

Nancy Skinner D-14 B 86% 0 100% 100% 100% 100% 100% 100% 0% 48%

Cameron Smyth R-38 F 26% 0 33% 25% 0% 25% 67% 50% 0% 34%

Jose Solorio D-69 B 88% 5% 100% 100% 100% 75% 100% 100% 0% 86%

Audra Strickland R-37 F 30% 0 33% 25% 0% 50% 67% 50% 0% 33%

Sandre R. Swanson D-16 A 91% 5% 100% 100% 100% 100% 100% 100% 0% 72%

Alberto Torrico D-20 B 86% 0 100% 100% 100% 100% 100% 100% 0% 61%

Tom Torlakson D-11 B 86% 0 100% 100% 100% 100% 100% 100% 0% 45%

Norma J. Torres D-61 A 91% 5% 100% 100% 100% 100% 100% 100% 0% 74%

Van Tran R-68 F 34% 0 67% 25% 0% 25% 67% 75% 0% 57%

Michael N. Villines R-29 F 38% 0 33% 25% 20% 50% 67% 50% 100% 44%

Mariko Yamada D-8 B 86% 0 100% 100% 100% 100% 100% 100% 0% 42%

21 | the applied research center • 2009 legislative Report Card on Racial Equity
senate

Criminal Justice

Education Equity
Health Equity

Legal Racism
Green Equity
Economics

Civil Rights
Housing &
% People
of Color in
District
2009 Senate District Grade Total % Leadership

Sam Aanestad R-4 F 22% 0 33% 25% 0% 0% 33% 50% 33% 22%

Elaine Alquist D-13 C 76% 0 100% 75% 100% 100% 100% 100% 0% 68%

Roy Ashburn R-18 F 22% 0 33% 25% 20% 0% 33% 50% 0% 38%

John J. Benoit R-37 F 25% 0 67% 25% 0% 33% 67% 25% 0% 45%

Ron Calderon D-30 C 76% 0 100% 100% 100% 67% 100% 100% 0% 84%

Gilbert Cedillo D-22 C 72% 0 100% 100% 80% 100% 100% 75% 0% 92%

Dave Cogdill R-14 F 18% 0 33% 25% 0% 0% 33% 50% 0% 37%

Ellen Corbett D-10 B 84% 5% 100% 100% 100% 100% 100% 100% 0% 62%

Lou Correa D-34 F 54% 0 33% 50% 60% 67% 100% 100% 0% 78%

Dave Cox R-1 F 29% 0 33% 25% 40% 0% 67% 50% 0% 20%

Jeff Denham R-12 F 22% 0 33% 25% 0% 0% 67% 50% 0% 60%

Mark DeSaulnier D-7 D 68% 0 100% 75% 80% 100% 100% 75% 0% 37%

Denise Moreno
Ducheny
D-40 D 68% 0 100% 75% 80% 100% 67% 100% 0% 76%

Robert D. Dutton R-31 F 18% 0 33% 25% 0% 0% 33% 50% 0% 46%

Dean Florez D-16 D 65% 0 67% 100% 80% 100% 67% 75% 0% 78%

Loni Hancock D-9 C 79% 0 100% 100% 100% 100% 100% 100% 0% 62%

Tom Harman R-35 F 22% 0 33% 25% 0% 0% 67% 50% 0% 36%

Dennis Hollingsworth R-36 F 18% 0 33% 25% 0% 0% 33% 50% 0% 28%

Bob Huff R-29 F 22% 0 33% 25% 0% 0% 67% 50% 0% 51%

Christine Kehoe D-39 B 83% 0 100% 100% 100% 100% 100% 100% 33% 46%

Mark Leno D-3 C 79% 0 100% 100% 100% 100% 100% 100% 0% 38%

Carol Liu D-21 C 79% 0 100% 100% 100% 100% 100% 100% 0% 53%

Alan S. Lowenthal D-27 C 79% 0 100% 100% 100% 100% 100% 100% 0% 70%

Abel Maldonado R-15 F 36% 0 67% 25% 60% 33% 33% 50% 0% 37%

22 | the applied research center • 2009 legislative Report Card on Racial Equity
 Criminal Justice

Education Equity
Health Equity

Legal Racism
Green Equity
Economics

Civil Rights
Housing &
% People
of Color in
District
2009 Senate District Grade Total % Leadership

Gloria Negrete
McLeod
D-32 D 68% 0 100% 100% 80% 67% 67% 100% 0% 77%

Jenny Oropeza D-28 F 43% 0 100% 75% 40% 33% 33% 50% 0% 55%

Alex Padilla D-20 D 65% 0 100% 100% 80% 100% 100% 25% 0% 77%

Fran Pavley D-23 C 76% 0 100% 100% 100% 100% 100% 75% 0% 36%

Curren Price D-26 D 65% 0 67% 50% 80% 100% 100% 100% 0% 79%

Gloria Romero D-24 C 76% 0 100% 100% 100% 100% 67% 100% 0% 87%

George Runner R-17 F 18% 0 33% 25% 0% 0% 33% 50% 0% 43%

Joe Simitian D-11 B 83% 0 100% 100% 100% 100% 100% 100% 33% 38%

Darrell Steinberg D-6 B 84% 5% 100% 100% 100% 100% 100% 100% 0% 49%

Tony Strickland R-19 F 40% 0 33% 25% 40% 67% 67% 50% 33% 31%

Mimi Walters R-33 F 18% 0 33% 25% 0% 0% 33% 50% 0% 3%

Patricia Wiggins D-2 B 83% 0 100% 100% 100% 100% 100% 100% 33% 31%

Lois Wolk D-5 C 79% 0 100% 100% 100% 100% 100% 100% 0% 52%

Roderick Wright D-25 F 49% -10% 100% 100% 80% 67% 67% 100% 0% 84%

Mark Wyland R-38 F 22% 0 33% 25% 0% 0% 67% 50% 0% 38%

Leland Yee D-8 C 79% 0 100% 100% 80% 100% 100% 100% 33% 55%

23 | the applied research center • 2009 legislative Report Card on Racial Equity
 GRADING METHODOLOGY

Principle Researcher
Goro Mitchell, Executive Director
Community Development Institute

Researchers
Carlos Chavez
Community Development Institute

Christina Chen
Applied Research Center

Editor
Tammy Johnson, Director of Strategic Partnerships
Applied Research Center

Dominique Apollon, Ph.D, Research Director

Applied Research Center

Special thanks for her contribution to the budget section

Elizabeth Sholes, Director of Public Policy
California Council of Churches

Copy Editor
Susan Starr

Art Direction and Design

Hatty Lee

Photographs
istockphoto

24 | the applied research center • 2009 legislative Report Card on Racial Equity
 endnotes
1. Bureau of Labor Statistics, Fourth Quarter 2008 to Third Quarter 2009 Alternative Measures of
Labor Underutilization for States, www.bls.gov/lau/stalt09q3.htm.

2. Center for Social Inclusion, Measuring the Recession, An Impact Index, October 2009.
atlanticphilanthropies.org/content/download/8294/124357/file/CSI_Measuring-the-Recession_
Impact-Index.pdf.

3. Economic Policy Institute, State of Working America 2008-2009,

www.stateofworkingamerica.org/tabfig/2008/05/09.jpg.

4. Rakesh Kochhar, The Wealth of Hispanic Households, Pew Hispanic Center, 2004.

5. State of California, Department of Finance, E-3 California County Race / Ethnic Population Esti-
mates and Components of Change by Year, July 1, 2000–2007 and United States Census Bureau,
American Community Survey 2008.

6. Ibid.

7. State of California, Department of Finance, Current Population Survey: California Two-year Average
Series: March 2000 to 2008 Data, Sacramento, California, November 2009, 7.

8. Sacramento Bee, July 10, 2009, p. 14A.

9. Office of the Governor of California, “Fact Sheet on CalWORKs,” July 1, 2009; Ventura County
Star, July 8, 2009,
www.vcstar.com/news/2009/jul/08/Governor-county-leaders-clash-over-CalWORKS/

10. “Facts About CalWORKs,” www.docstoc.com/docs/2235332/Facts-About-CalWORKs

11. “As Calif. Prison Spending Rises, So Do Concerns.” CBS 2 29 Aug. 2009: n. pag.
LexisNexis Academic. Web. 17 Dec. 2009.

12. Sterngold, James. “Prisons’ budget to trump colleges.’” San Francisco Chronicle. N.p., n.d. Web.
17 Dec. 2009.
www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/05/21/MNG4KPUKV51.DTL&feed=rss.news.

13 Natural Resources Defense Council v. South Coast Air Quality Management District
(Super. Ct. Los Angeles County, 2007, No. BS 110792).

14. Matsuoka, Martha. Building Healthy Communities from the Ground Up: Environmental Justice in
California. N.p., n.d. Web. 17 Dec. 2009. www.cbecal.org/pdf/healthy-communities.pdf.

15. Governor Arnold Schwarzenegger, State of the State Speech, January 15, 2009,
gov.ca.gov/speech/11390/.

25 | the applied research center • 2009 legislative Report Card on Racial Equity
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