Two historic California reparations bills stall out — sparing Newsom a tough political call
By Wendy Fry, Alexei Koseff and Sameea Kamal | CalMatters
A last-minute protest failed to win two Senate-approved bills a chance to be voted on in the Assembly. The chair of the Black Caucus promised they would be re-introduced next year, and called reparations “a multi-year effort.”
Years of effort went into making California the first state in the nation to get reparations laws to the governor’s desk to be signed into law. Yet tonight, in the final hours of this year’s legislative session, two key bills to repair harm for African American descendants of enslaved people met their bitter demise.
Although other bills in a 14-bill reparations package introduced by the Legislature’s Black Caucus passed this session, Democratic Sen. Steven Bradford of Inglewood couldn’t convince the caucus or Assembly leaders to bring to the floor the two ambitious bills he carried independently.
Bradford’s Senate Bills 1403 and 1331 would have created a new agency and also a fund to help implement policies recommended last year by a first-in-the-nation state task force, including eventual direct cash payments to the African American descendants of people enslaved in the United States. The envisioned California American Freedmen Affairs Agency would have helped Black Californians research their genealogy, confirm their eligibility for reparations payments, and expedite their claims.
The Senate already had approved both bills.
But last week, Gov. Gavin Newsom’s administration tried unsuccessfully to change one of them so that rather than create the new state agency to move on reparations, it instead would authorize California State University to study the issue further, and recommend a process for determining a person’s eligibility for reparations payments. That didn’t sit well with Bradford and advocates of his approach, who contend the state has already spent four long years studying reparations.
Newsom’s office declined to comment, saying he typically does not speak about pending legislation. The California governor met the task force’s report with what many felt was a lukewarm reception: Reparations, he said, were about “much more than cash payments.”
Task force members and lawmakers have long known that passing reparations measures — especially those aimed at making cash payments to atone for slavery’s legacy — would be a tough political sell. Many did not expect some proposals to come as far as they did, given that the state whip-sawed from a record surplus to a massive deficit this year. Nor do polls suggest a majority of Californians are supportive of cash reparations: A September poll of 6,000 registered voters from UC Berkeley’s Institute of Governmental Studies found that only 23% supported that remedy, while 59% opposed it.
Bradford and protesters who backed his bills blamed the holdup on fear that the governor might veto them. But the chair of the Black Caucus, Assemblymember Lori Wilson, vehemently denied that, saying the caucus had its own hesitations.
“The caucus was unable to participate in the legislative process collectively and only recently became aware of the concerns and issues with the bills,” the caucus’ statement read. “In its current form, one of the primary concerns with the bill is that it ceded legislative oversight authority, which is critical given the generational impact this legislation would have.”
Bradford, the caucus vice chair and a member of the state reparations task force, said in response that the changes the governor wanted would have “gutted” SB 1403. “We didn’t need another study,” he insisted. “Now is the time for action.”
“We’re at the finish line,” Bradford said. “I think we as the Black Caucus owe it to the descendants of chattel slavery, we owe it to Black Californians and Black Americans, to move this legislation forward and get it to the governor’s desk.”
Assemblymember Wilson, a Democrat from Suisun City, told reporters in the Capitol that the bills would be reintroduced next year.
“The Black Caucus is absolutely committed to its reparations priority package and it is absolutely committed to the recommendations that have come out of the task force and to getting those across the finish line,” she said. “We knew from the very beginning it was going to be an uphill battle. We knew from the beginning it would be challenging and we also knew from the very beginning that it would be a multi-year effort.”
A spokesperson for Wilson did not immediately respond to a request for an explanation of how the bill would cede legislative oversight.
About 25 to 30 advocates, mostly from the Coalition for a Just and Equitable California, protested at the Capitol this afternoon.
“This ain’t white folks blocking reparations bills,” said Chris Lodgson, an organizer with the group. “This ain’t Latinos blocking reparations bills. This ain’t the AAPI family blocking reparations bills. This is Black people blocking their own damn reparations bills because they’re scared of the governor.”
Several members of the Black Caucus tried to address the protesters, who at times were shouting at individual lawmakers as they walked past.
“Call his feet to the fire and make him veto it,” said Jonathan Burgess, a fire battalion chief from Sacramento and well-known advocate for reparations, referring to Newsom. “Show us who you are is what I’m asking.”
Burgess noted that the other reparations measures passed by the Black Caucus could benefit all Californians and are not explicitly aimed at those harmed by slavery. One of Bradford’s bills that did make it to the governor’s desk would establish a means of restoring property seized in race-based uses of eminent domain.
Advocates also discussed the need to maintain momentum for reparations measures as public enthusiasm for racial justice wanes.
In 2020, the Minneapolis police murder of George Floyd set off a nationwide racial reckoning. In its wake, California’s Secretary of State Shirley Weber, then an assemblywoman, championed a bill establishing the California Reparations Task Force, which Newsom signed into law. The task force traveled the state for two years, conducting hundreds of hours of public hearings and listening to residents and researchers. It released a more than 1,000-page report with its findings and more than 100 recommendations.
Advocates noted that bills supporting undocumented residents had passed the Assembly.
“I find it ironic how we find money for everybody else and for every other ethnic group. We find everything else. But when it comes to Black Americans, we’re always put on the back burner and told no,” said Sir Maejor Page, organizer for the Foundational Black Americans grassroots movement.
Reparations advocates began organizing a caravan to Sacramento on Friday. They also asked those not in the area to call Democratic Assembly Speaker Robert Rivas and Assemblymembers Wilson and Reggie Jones-Sawyer of Los Angeles to ask them to take the bills to the floor.
“That’s literally all they have to do … ” said Kamilah Moore, who served as the chair of the reparations task force, “… is bring the bills to the floor. We have the votes to pass the bills.”
Newsom’s office said the governor has been working collaboratively with the California Legislative Black Caucus on their reparations package. His office referred CalMatters to comments he’s previously made about the reparations effort:
“I haven’t (just)read (the reparations report) – I’ve devoured it. I’ve analyzed it,” Newsom said in January. “I’ve stress-tested against things we’ve done, things we’re doing, things that we’d like to do, but can’t do because of constitutional constraints. And I’ve been working closely with the Black Caucus.”
Newsom set aside $12 million from the state budget in June to fund reparations bills backed by the Black Caucus.
California reparations bills already on the governor’s desk include:
- Assembly Bill 3089: Says California recognizes and apologizes for harms against African Americans committed by the state under the institution of chattel slavery and for the enduring legacy of systemic discrimination. Also requires a plaque memorializing that apology be installed at the State Capitol Building.
- Assembly Bill 3131: Requires that local educational agencies receiving certain education formula funding – typically located within majority Black and Brown communities – be given positive consideration for a career technical education initiative.
- Senate Bill 1050: Says lands taken by any government entity by racially motivated eminent domain must be returned to its owner or just financial compensation must be provided.
- Senate Bill 1089: Requires groceries and pharmacies to provide a written advanced notice of closure to employees and the Employee Development Department.