DeMaio urges re-referral of 'Stop Nick Shirley Act,' says bill could curb citizen journalists

Assemblymember DeMaio moved under Assembly Rule 96 to re-refer AB 26 24 (which he and others referred to on the floor as the "Stop Nick Shirley Act") back to the Privacy Committee, asserting the bill's author "misrepresented the contents of the bill, lied to committee members" and that committee members were denied a chance for proper vetting.

DeMaio argued the bill's plain language — which he cited as "Section 62 1 8.19" — would allow a fraud organization to prohibit a person from posting a video online and to seek injunctive or declaratory relief, potentially exposing "citizen journalists" to costly litigation. He said: "This is an infringement on the First Amendment rights of individuals and journalists to go out and uncover fraud."

During the exchange another member raised a point of order and the majority leader cautioned against calling a member a liar on the floor. The debate was curtailed when the majority leader offered and the Assembly accepted a substitute motion to move to business on the daily file; the substitute was accepted by roll call (Ayes 44, Noes 19), which removed the main motion from immediate consideration.

No final committee re-referral of AB 26 24 was recorded in the transcript after the substitute motion was accepted.