California 2019-2020 Regular Session

California Senate Bill SR36 Compare Versions

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1-Enrolled May 24, 2019 Passed IN Senate May 22, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Resolution No. 36Introduced by Senators Wiener, Atkins, and GalgianiApril 30, 2019 Relative to Harvey Milk Day. LEGISLATIVE COUNSEL'S DIGESTSR 36, Wiener. Digest KeyBill TextWHEREAS, Harvey Bernard Milk was born on May 22, 1930, in Woodmere, New York. He was the first openly gay man to be elected to public office in a major city of the United States. He was assassinated in 1978 at San Franciscos City Hall by a political rival. Perhaps more than any other modern figure, Harvey Milks life and political career embody the rise of the lesbian, gay, bisexual, and transgender (LGBT) civil rights movement in California, across the nation, and throughout the world; and WHEREAS, Harvey Milk graduated from the State University of New York at Albany, in Albany, New York in 1951. Thereafter, he served for a short time in the United States Navy; and WHEREAS, During the 1960s, Harvey Milk lived in New York City, first working on Wall Street as an investment banker and later as a theater producer; and WHEREAS, In 1972, Harvey Milk moved with his partner, Scott Smith, to San Francisco, California and opened a camera shop called Castro Camera; and WHEREAS, Harvey Milk soon emerged as a community leader in the Castro neighborhood of San Francisco, founding the Castro Valley Association of Local Merchants, and representing that associations interests before city government; and WHEREAS, Harvey Milk unsuccessfully ran for the Board of Supervisors of the City and County of San Francisco in 1973, and unsuccessfully ran for the Assembly in 1975. With each race, he gained more prominence and eventually became known endearingly by his neighbors as the Mayor of Castro Street; and WHEREAS, After San Francisco adopted a district election system in 1977, Harvey Milk was elected to the Board of Supervisors of the City and County of San Francisco representing District 5. It was the first time in the history of the United States that an openly gay man was elected to a prominent political office; and WHEREAS, During his term on the board of supervisors, Harvey Milk sponsored and successfully passed a gay rights ordinance; and WHEREAS, Harvey Milk was instrumental in defeating Proposition 6, commonly known as the Briggs Initiative, at the General Election on November 7, 1978, that would have banned gays and lesbians from teaching in the public schools of this state; and WHEREAS, As an openly gay leader, Harvey Milk encouraged LGBT individuals to be visible in society. During the Gay Freedom Day Parade of June 25, 1978, he told the crowd, Gay people, we will not win their rights by staying quietly in our closets; and WHEREAS, Harvey Milk was also successful in forging coalitions with San Franciscos other minority leaders. His message was one of unity against oppression in all its forms. In the same Gay Freedom Day speech, he said, I call upon all minorities and especially the millions of lesbians and gay men to wake up from their dreams ... to gather on Washington and tell ... their nation: Wake up ... wake up, America ... no more racism, no more sexism, no more ageism, no more hatred ... no more; and WHEREAS, In 1978, Dan White, who represented District 8 on the Board of Supervisors of the City and County of San Francisco, resigned from his seat due to financial hardship, thus allowing the Mayor of San Francisco, George Moscone, to appoint a successor; and WHEREAS, Dan White later asked Mayor Moscone to be reappointed to his seat. Mayor Moscone declined after having been lobbied by several city leaders, including Harvey Milk, who often clashed with Dan White due to their political differences; and WHEREAS, On November 27, 1978, Dan White went to San Francisco City Hall to meet with Mayor Moscone and make a final plea for reappointment. When the mayor declined the request, Dan White shot and killed Mayor Moscone, then went to Harvey Milks office and also shot and killed him; and WHEREAS, Dan White subsequently surrendered to the authorities. Though he had carried a gun, 10 extra rounds, and crawled through a window to avoid metal detectors, Dan White denied that the shootings were premeditated; and WHEREAS, Thousands attended a spontaneous candlelight memorial vigil the night of Harvey Milks funeral; and WHEREAS, Harvey Milk had anticipated the possibility of assassination and had recorded several audio tapes to be played in that event. One of the tapes included his now famous quote, If a bullet should enter my brain, let that bullet destroy every closet door; and WHEREAS, Dan Whites trial, which began four months after the killings, was one of the most closely watched trials in California at that time. The prosecution claimed that Dan Whites motive was revenge. But Dan Whites attorney, Douglas Schmidt, claimed that Dan White was a victim of pressure and had been depressed, a state exacerbated by his consuming a large quantity of junk food before the murders, which became known as the Twinkie Defense; and WHEREAS, During the trial, the jury also heard Dan Whites confession, which was tape recorded the day after the murders. During the confession, Dan White tearfully talked of how Mayor Moscone and Harvey Milk had refused to give him his supervisors job back; and WHEREAS, Dan White was convicted of voluntary manslaughter on the grounds of diminished capacity and sentenced to seven years and eight months in prison, a sentence widely denounced as lenient and motivated by homophobia. During the jury selection process in the criminal trial, defense attorneys had excluded candidates they deemed pro-gay; and WHEREAS, In protest of the lenient sentence, San Franciscos gay community erupted in what came to be known as the White Night Riots. It began as a peaceful march from the Castro District to city hall, but turned into a riot when marchers clashed with the police force outside of city hall; and WHEREAS, Harvey Milks legacy as a civil rights leader is still felt today. He was named one of TIME Magazines most influential people of the 20th century. Many institutions and organizations are named for Harvey Milk, including the Harvey Milk Recreational Arts Center, the Harvey Milk Civil Rights Academy, the Harvey Milk Institute, the Eureka Valley/Harvey Milk Memorial Branch Library, and the Harvey Milk Lesbian/Gay/Bisexual/Transgender Democratic Club in San Francisco; and WHEREAS, Outside of San Francisco, a number of alternative schools in the United States are named for Harvey Milk, including Harvey Milk High School in New York City, and Oakes College at the University of California, Santa Cruz has an oncampus apartment building named for Harvey Milk; and WHEREAS, In February 2007, the City of San Francisco agreed to erect a bust of Harvey Milk in city hall in tribute to his service and to memorialize his lifes work. A lengthy process to choose a design took place, and a gala installation event took place in May 2008, to coincide with Harvey Milks birthday; and WHEREAS, Harvey Milks story as Californias first openly gay elected official was the topic of a major motion picture released in 2008, which educated audiences worldwide about Milks place in history as a trailblazer and civil rights pioneer; and WHEREAS, Harvey Milks life and social contributions have left an indelible mark on the history of our nation and hold a special meaning for the people of California; now, therefore, be it Resolved by the Senate of the State of California, That the Senate recognizes the pioneering contributions of Harvey Milk to the cause of gay civil rights and commemorates May 22, 2019, as Harvey Milk Day; and be it furtherResolved, That the Secretary of the Senate transmit copies of this resolution to the author for appropriate distribution.
1+CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Resolution No. 36Introduced by Senators Wiener, Atkins, and GalgianiApril 30, 2019 Relative to Harvey Milk Day. LEGISLATIVE COUNSEL'S DIGESTSR 36, as introduced, Wiener. Digest KeyBill TextWHEREAS, Harvey Bernard Milk was born on May 22, 1930, in Woodmere, New York. He was the first openly gay man to be elected to public office in a major city of the United States. He was assassinated in 1978 at San Franciscos City Hall by a political rival. Perhaps more than any other modern figure, Harvey Milks life and political career embody the rise of the lesbian, gay, bisexual, and transgender (LGBT) civil rights movement in California, across the nation, and throughout the world; and WHEREAS, Harvey Milk graduated from the State University of New York at Albany, in Albany, New York in 1951. Thereafter, he served for a short time in the United States Navy; and WHEREAS, During the 1960s, Harvey Milk lived in New York City, first working on Wall Street as an investment banker and later as a theater producer; and WHEREAS, In 1972, Harvey Milk moved with his partner, Scott Smith, to San Francisco, California and opened a camera shop called Castro Camera; and WHEREAS, Harvey Milk soon emerged as a community leader in the Castro neighborhood of San Francisco, founding the Castro Valley Association of Local Merchants, and representing that associations interests before city government; and WHEREAS, Harvey Milk unsuccessfully ran for the Board of Supervisors of the City and County of San Francisco in 1973, and unsuccessfully ran for the Assembly in 1975. With each race, he gained more prominence and eventually became known endearingly by his neighbors as the Mayor of Castro Street; and WHEREAS, After San Francisco adopted a district election system in 1977, Harvey Milk was elected to the Board of Supervisors of the City and County of San Francisco representing District 5. It was the first time in the history of the United States that an openly gay man was elected to a prominent political office; and WHEREAS, During his term on the board of supervisors, Harvey Milk sponsored and successfully passed a gay rights ordinance; and WHEREAS, Harvey Milk was instrumental in defeating Proposition 6, commonly known as the Briggs Initiative, at the General Election on November 7, 1978, that would have banned gays and lesbians from teaching in the public schools of this state; and WHEREAS, As an openly gay leader, Harvey Milk encouraged LGBT individuals to be visible in society. During the Gay Freedom Day Parade of June 25, 1978, he told the crowd, Gay people, we will not win their rights by staying quietly in our closets; and WHEREAS, Harvey Milk was also successful in forging coalitions with San Franciscos other minority leaders. His message was one of unity against oppression in all its forms. In the same Gay Freedom Day speech, he said, I call upon all minorities and especially the millions of lesbians and gay men to wake up from their dreams ... to gather on Washington and tell ... their nation: Wake up ... wake up, America ... no more racism, no more sexism, no more ageism, no more hatred ... no more; and WHEREAS, In 1978, Dan White, who represented District 8 on the Board of Supervisors of the City and County of San Francisco, resigned from his seat due to financial hardship, thus allowing the Mayor of San Francisco, George Moscone, to appoint a successor; and WHEREAS, Dan White later asked Mayor Moscone to be reappointed to his seat. Mayor Moscone declined after having been lobbied by several city leaders, including Harvey Milk, who often clashed with Dan White due to their political differences; and WHEREAS, On November 27, 1978, Dan White went to San Francisco City Hall to meet with Mayor Moscone and make a final plea for reappointment. When the mayor declined the request, Dan White shot and killed Mayor Moscone, then went to Harvey Milks office and also shot and killed him; and WHEREAS, Dan White subsequently surrendered to the authorities. Though he had carried a gun, 10 extra rounds, and crawled through a window to avoid metal detectors, Dan White denied that the shootings were premeditated; and WHEREAS, Thousands attended a spontaneous candlelight memorial vigil the night of Harvey Milks funeral; and WHEREAS, Harvey Milk had anticipated the possibility of assassination and had recorded several audio tapes to be played in that event. One of the tapes included his now famous quote, If a bullet should enter my brain, let that bullet destroy every closet door; and WHEREAS, Dan Whites trial, which began four months after the killings, was one of the most closely watched trials in California at that time. The prosecution claimed that Dan Whites motive was revenge. But Dan Whites attorney, Douglas Schmidt, claimed that Dan White was a victim of pressure and had been depressed, a state exacerbated by his consuming a large quantity of junk food before the murders, which became known as the Twinkie Defense; and WHEREAS, During the trial, the jury also heard Dan Whites confession, which was tape recorded the day after the murders. During the confession, Dan White tearfully talked of how Mayor Moscone and Harvey Milk had refused to give him his supervisors job back; and WHEREAS, Dan White was convicted of voluntary manslaughter on the grounds of diminished capacity and sentenced to seven years and eight months in prison, a sentence widely denounced as lenient and motivated by homophobia. During the jury selection process in the criminal trial, defense attorneys had excluded candidates they deemed pro-gay; and WHEREAS, In protest of the lenient sentence, San Franciscos gay community erupted in what came to be known as the White Night Riots. It began as a peaceful march from the Castro District to city hall, but turned into a riot when marchers clashed with the police force outside of city hall; and WHEREAS, Harvey Milks legacy as a civil rights leader is still felt today. He was named one of TIME Magazines most influential people of the 20th century. Many institutions and organizations are named for Harvey Milk, including the Harvey Milk Recreational Arts Center, the Harvey Milk Civil Rights Academy, the Harvey Milk Institute, the Eureka Valley/Harvey Milk Memorial Branch Library, and the Harvey Milk Lesbian/Gay/Bisexual/Transgender Democratic Club in San Francisco; and WHEREAS, Outside of San Francisco, a number of alternative schools in the United States are named for Harvey Milk, including Harvey Milk High School in New York City, and Oakes College at the University of California, Santa Cruz has an oncampus apartment building named for Harvey Milk; and WHEREAS, In February 2007, the City of San Francisco agreed to erect a bust of Harvey Milk in city hall in tribute to his service and to memorialize his lifes work. A lengthy process to choose a design took place, and a gala installation event took place in May 2008, to coincide with Harvey Milks birthday; and WHEREAS, Harvey Milks story as Californias first openly gay elected official was the topic of a major motion picture released in 2008, which educated audiences worldwide about Milks place in history as a trailblazer and civil rights pioneer; and WHEREAS, Harvey Milks life and social contributions have left an indelible mark on the history of our nation and hold a special meaning for the people of California; now, therefore, be it Resolved by the Senate of the State of California, That the Senate recognizes the pioneering contributions of Harvey Milk to the cause of gay civil rights and commemorates May 22, 2019, as Harvey Milk Day; and be it furtherResolved, That the Secretary of the Senate transmit copies of this resolution to the author for appropriate distribution.
22
3- Enrolled May 24, 2019 Passed IN Senate May 22, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Resolution No. 36Introduced by Senators Wiener, Atkins, and GalgianiApril 30, 2019 Relative to Harvey Milk Day. LEGISLATIVE COUNSEL'S DIGESTSR 36, Wiener. Digest Key
3+ CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Resolution No. 36Introduced by Senators Wiener, Atkins, and GalgianiApril 30, 2019 Relative to Harvey Milk Day. LEGISLATIVE COUNSEL'S DIGESTSR 36, as introduced, Wiener. Digest Key
44
5- Enrolled May 24, 2019 Passed IN Senate May 22, 2019
65
7-Enrolled May 24, 2019
8-Passed IN Senate May 22, 2019
6+
7+
98
109 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
1110
1211 Senate Resolution No. 36
1312
1413 Introduced by Senators Wiener, Atkins, and GalgianiApril 30, 2019
1514
1615 Introduced by Senators Wiener, Atkins, and Galgiani
1716 April 30, 2019
1817
1918 Relative to Harvey Milk Day.
2019
2120 LEGISLATIVE COUNSEL'S DIGEST
2221
2322 ## LEGISLATIVE COUNSEL'S DIGEST
2423
25-SR 36, Wiener.
24+SR 36, as introduced, Wiener.
2625
2726
2827
2928 ## Digest Key
3029
3130 ## Bill Text
3231
3332 WHEREAS, Harvey Bernard Milk was born on May 22, 1930, in Woodmere, New York. He was the first openly gay man to be elected to public office in a major city of the United States. He was assassinated in 1978 at San Franciscos City Hall by a political rival. Perhaps more than any other modern figure, Harvey Milks life and political career embody the rise of the lesbian, gay, bisexual, and transgender (LGBT) civil rights movement in California, across the nation, and throughout the world; and
3433
3534 WHEREAS, Harvey Milk graduated from the State University of New York at Albany, in Albany, New York in 1951. Thereafter, he served for a short time in the United States Navy; and
3635
3736 WHEREAS, During the 1960s, Harvey Milk lived in New York City, first working on Wall Street as an investment banker and later as a theater producer; and
3837
3938 WHEREAS, In 1972, Harvey Milk moved with his partner, Scott Smith, to San Francisco, California and opened a camera shop called Castro Camera; and
4039
4140 WHEREAS, Harvey Milk soon emerged as a community leader in the Castro neighborhood of San Francisco, founding the Castro Valley Association of Local Merchants, and representing that associations interests before city government; and
4241
4342 WHEREAS, Harvey Milk unsuccessfully ran for the Board of Supervisors of the City and County of San Francisco in 1973, and unsuccessfully ran for the Assembly in 1975. With each race, he gained more prominence and eventually became known endearingly by his neighbors as the Mayor of Castro Street; and
4443
4544 WHEREAS, After San Francisco adopted a district election system in 1977, Harvey Milk was elected to the Board of Supervisors of the City and County of San Francisco representing District 5. It was the first time in the history of the United States that an openly gay man was elected to a prominent political office; and
4645
4746 WHEREAS, During his term on the board of supervisors, Harvey Milk sponsored and successfully passed a gay rights ordinance; and
4847
4948 WHEREAS, Harvey Milk was instrumental in defeating Proposition 6, commonly known as the Briggs Initiative, at the General Election on November 7, 1978, that would have banned gays and lesbians from teaching in the public schools of this state; and
5049
5150 WHEREAS, As an openly gay leader, Harvey Milk encouraged LGBT individuals to be visible in society. During the Gay Freedom Day Parade of June 25, 1978, he told the crowd, Gay people, we will not win their rights by staying quietly in our closets; and
5251
5352 WHEREAS, Harvey Milk was also successful in forging coalitions with San Franciscos other minority leaders. His message was one of unity against oppression in all its forms. In the same Gay Freedom Day speech, he said, I call upon all minorities and especially the millions of lesbians and gay men to wake up from their dreams ... to gather on Washington and tell ... their nation: Wake up ... wake up, America ... no more racism, no more sexism, no more ageism, no more hatred ... no more; and
5453
5554 WHEREAS, In 1978, Dan White, who represented District 8 on the Board of Supervisors of the City and County of San Francisco, resigned from his seat due to financial hardship, thus allowing the Mayor of San Francisco, George Moscone, to appoint a successor; and
5655
5756 WHEREAS, Dan White later asked Mayor Moscone to be reappointed to his seat. Mayor Moscone declined after having been lobbied by several city leaders, including Harvey Milk, who often clashed with Dan White due to their political differences; and
5857
5958 WHEREAS, On November 27, 1978, Dan White went to San Francisco City Hall to meet with Mayor Moscone and make a final plea for reappointment. When the mayor declined the request, Dan White shot and killed Mayor Moscone, then went to Harvey Milks office and also shot and killed him; and
6059
6160 WHEREAS, Dan White subsequently surrendered to the authorities. Though he had carried a gun, 10 extra rounds, and crawled through a window to avoid metal detectors, Dan White denied that the shootings were premeditated; and
6261
6362 WHEREAS, Thousands attended a spontaneous candlelight memorial vigil the night of Harvey Milks funeral; and
6463
6564 WHEREAS, Harvey Milk had anticipated the possibility of assassination and had recorded several audio tapes to be played in that event. One of the tapes included his now famous quote, If a bullet should enter my brain, let that bullet destroy every closet door; and
6665
6766 WHEREAS, Dan Whites trial, which began four months after the killings, was one of the most closely watched trials in California at that time. The prosecution claimed that Dan Whites motive was revenge. But Dan Whites attorney, Douglas Schmidt, claimed that Dan White was a victim of pressure and had been depressed, a state exacerbated by his consuming a large quantity of junk food before the murders, which became known as the Twinkie Defense; and
6867
6968 WHEREAS, During the trial, the jury also heard Dan Whites confession, which was tape recorded the day after the murders. During the confession, Dan White tearfully talked of how Mayor Moscone and Harvey Milk had refused to give him his supervisors job back; and
7069
7170 WHEREAS, Dan White was convicted of voluntary manslaughter on the grounds of diminished capacity and sentenced to seven years and eight months in prison, a sentence widely denounced as lenient and motivated by homophobia. During the jury selection process in the criminal trial, defense attorneys had excluded candidates they deemed pro-gay; and
7271
7372 WHEREAS, In protest of the lenient sentence, San Franciscos gay community erupted in what came to be known as the White Night Riots. It began as a peaceful march from the Castro District to city hall, but turned into a riot when marchers clashed with the police force outside of city hall; and
7473
7574 WHEREAS, Harvey Milks legacy as a civil rights leader is still felt today. He was named one of TIME Magazines most influential people of the 20th century. Many institutions and organizations are named for Harvey Milk, including the Harvey Milk Recreational Arts Center, the Harvey Milk Civil Rights Academy, the Harvey Milk Institute, the Eureka Valley/Harvey Milk Memorial Branch Library, and the Harvey Milk Lesbian/Gay/Bisexual/Transgender Democratic Club in San Francisco; and
7675
7776 WHEREAS, Outside of San Francisco, a number of alternative schools in the United States are named for Harvey Milk, including Harvey Milk High School in New York City, and Oakes College at the University of California, Santa Cruz has an oncampus apartment building named for Harvey Milk; and
7877
7978 WHEREAS, In February 2007, the City of San Francisco agreed to erect a bust of Harvey Milk in city hall in tribute to his service and to memorialize his lifes work. A lengthy process to choose a design took place, and a gala installation event took place in May 2008, to coincide with Harvey Milks birthday; and
8079
8180 WHEREAS, Harvey Milks story as Californias first openly gay elected official was the topic of a major motion picture released in 2008, which educated audiences worldwide about Milks place in history as a trailblazer and civil rights pioneer; and
8281
8382 WHEREAS, Harvey Milks life and social contributions have left an indelible mark on the history of our nation and hold a special meaning for the people of California; now, therefore, be it
8483
8584 Resolved by the Senate of the State of California, That the Senate recognizes the pioneering contributions of Harvey Milk to the cause of gay civil rights and commemorates May 22, 2019, as Harvey Milk Day; and be it further
8685
8786 Resolved, That the Secretary of the Senate transmit copies of this resolution to the author for appropriate distribution.