ASSEMBLY JUDICIARY COMMITTEE FOR
TUESDAY APRIL TWENTY FOURTH.
WE DON'T YET HAVE A QUORUM BUT
WE ARE GOING TO START AS.
A SUBCOMMITTEE.
CHAIR OF PUBLIC SAFETY ASKED IF
HE COULD GO FIRST THEN.
HE WAS SO CORDIAL.
THAT'S FINE SIR WE'RE GONNA GO
TO ITEMS NUMBER FIVE AND THEN
FOURTEEN.
WITH MRS JONES SAWYER.
WHAT THE?
GOOD MORNING MEMBERS OF.
FIRST I WANT TO THANK THE CHAIR
OPPOSITE I'M AB TWENTY TO THIRTY
FOUR PROTECTION FOR STUDENTS
WITNESSES.
OFFER TO ANYTHING TO CHAIR A
COMMITTEE STAFF FOR WORKING WITH
MY OFFICE ON THIS BILL. I WILL
BE ACCEPTING THE AMENDMENTS
RECOMMENDED BY THE COMMITTEE
TODAY THANK YOU AB TWENTY TO
THIRTY FOUR WHAT PROVIDE
STUDENTS WHO ARE TESTIFYING IN
EMPLOYEE DISMISSAL HEARING. THAT
INVOLVED DEGREE JUST ACTS WHICH
SIMILAR WITNESS PROTECTION THAT
ARE AVAILABLE TO MINORS AND
OTHER LEGAL SETTING.
THIS BILL WOULD SIMPLY PROVIDE
ADMINISTRATIVE LAW JUDGE.
QUESTION DO YOU THEY CLOSED
CIRCUIT TELEVISION OR VIDEOTAPED
DEPOSITION.
AS AN ALTERNATIVE TO AN IN
HEARING TESTIMONY BY ITS STUDENT
THIS BILL WOULD ALSO REQUIRE
THAT A SUPPORT PERSON BE
APPOINTED TO EACH CHILD WITNESS
TO ACCOMPANY THEM THROUGHOUT THE
PROCESS. ALLOWING THE USE OF
THESE PROTECTIONS WILL REDUCE
THE RISK OF TRAUMA THAT CAN
OCCUR WHEN VICTIMS FACED THEIR
ABUSER.
TO ANSWER TECHNICAL QUESTIONS
FROM THE COMMITTEE I HAVE CHERRY
MO AND ATTORNEY WITH THE LAW
STANDS UNIFIED SCHOOL DISTRICT
GATE.
THESE CLASSIFIED AND
CERTIFICATED DISMISSAL MATTERS.
INCLUDING AGREED JUST ONLY CASES
I'M HERE TO ANSWER ANY TECHNICAL
QUESTIONS YOU MAY HAVE BEEN A
THINKER CAN VARY FROM THE SPELL.
THANK YOU.
OTHER WITNESSES AND SUPPORTS.
RIGHT SEEN DOES THAT ARE THERE
ANY WOODS IS IN OPPOSITION.
BEEN
.
GOOD MORNING MISTER CHAIR AND
MEMBERS OF THE COMMITTEE A
COUNSELOR WITH THE CALIFORNIA
SCHOOL EMPLOYEES ASSOCIATION.
THING YOU TO THE COMMITTEE STAFF
AND THE AUTHOR FOR WORKING WITH
US TO ADDRESS OUR CONCERNS WITH
AB TWENTY TO THIRTY FOUR. AYE WE
CURRENTLY HAVE BEEN OPPOSED TO
LET'S AMENDED POSITION BUT THE
COMMITTEES AMENDMENTS HIGH LOOKS
GOOD AND SO WILL REMOVE OUR
OPPOSITION. A WE WANT TO ENSURE
THAT AB TWENTY TO THIRTY FOUR IS
LIMITED TO CASES OF EGREGIOUS
MISCONDUCT.
AS WELL AS THESE CASES BEING
HEARD BEFORE AND ALJ OR
ADMINISTRATIVE LAW JUDGE WE ALSO
WE ALSO WANT A SHIRT THAT THE
EXCLUSIVE WRAP IT IS.
AUTHORIZED TO REPRESENT OUR
MEMBERS IN THESE TYPE OF
HEARINGS AND WE ONLY WANT.
REP RELEVANT EVIDENCE CODE TO
APPLY TO THESE CASES OUT WE ARE.
ALSO WORKING WITH THE AUTHOR TO
CONTINUE TO REMOVE OUR AND.
OPPOSITION THINK IT.
THANK YOU.
MISTER CHAIR AND MEMBERS THAT
BRAMBLE HERE ON BEHALF OF THE
CALIFORNIA TEACHERS ASSOCIATION
AND WE ARE RESPECTFULLY OPPOSED
TO ASSEMBLY BILL TWO TWO THREE
FOUR.
.
ASK ANY EDUCATOR WHY THEY CHOSE
TO WORK IN SCHOOLS AND.
THEY'LL ANSWER ALMOST
IMMEDIATELY. ARE THEY BELIEVE
AND CHILDREN EDUCATION IS MORE
THAN A JOB THAT IT TRULY IS A
CALLING AND WHILE CALIFORNIA
FACES A TEACHER SHORTAGE. WE
CONTINUE TO SEE PROPOSALS WHICH.
OUR FOCUS ON THE FIRING RATHER
THAN THE HIRING OF EDUCATORS.
TO DISAPPOINTING WE'VE BROUGHT
WITH US.
.
BETH CURTIS WHO HAS MORE
EXPERIENCE IN THIS AREA AND CAN
GO THROUGH SOME OF THE DETAILS.
OF OUR OPPOSITION BUT WE DO URGE
YOUR NO VOTE.
I CAN'T.
GOOD MORNING CHAIR AND ASSEMBLY
MEMBERS MY NAME IS LESLIE BETH
CURTIS I'M AN ATTORNEY HERE IN
SACRAMENTO WITH THE LAW FIRM OF.
LIKING CAN'T CURTIS AND PRICE
I'M WHAT'S CALLED A GROUP LEGAL
SERVICES ATTORNEY THAT MEANS
THAT I HAVE A CONTRACT WITH C.
CHAIR AND I REPRESENT. MEMBERS
BUT IN ALL KINDS OF ISSUES BUT
INCLUDING TEACHERS AND DISMISSAL
HEARINGS.
I'VE BEEN DOING THIS WORK FOR
TWENTY ONE YEARS AND I WOULD SAY
MOST OF THE REPRESENTATION THAT
I DO IN MY PRACTICES FOR
TEACHERS.
THERE'S A NUMBER OF TECHNICAL
ITEMS IN THE BILL THAT BECAUSE
CITY IS CONCERNED. BUT I GUESS
BEFORE WE GET INTO THAT I JUST
SORT OF WANTED TO ADDRESS THE
ELEPHANT IN THE ROOM. AYE I
THINK THE BILL CREATES A IMAGE
THAT THERE ARE CTA ATTORNEY'S
CROSS EXAMINING. CHILDREN AND
CAUSING THEM TO BREAK INTO TEARS
AROUND THE STATE AND I JUST WANT
TO SAY THAT'S NOT.
THE CASE MY TWENTY ONE YEARS
I'VE BEEN FORTUNATE TO NEVER
HAVE TO QUESTION A CHILD WITNESS
MY PARTNER. HOUSE QUESTION CHILD
WITNESSES IN A CASE THAT WAS.
IN THE SACRAMENTO BEE THAT
LOBBY ON A CASE WHERE A. TEACHER
GOT IN BETWEEN TWO STUDENTS TO
BREAK UP A FIGHT
AND SO. I HAD TO WHAT THERE IS A
HE WAS BEING A CHOKED BY ONE OF
THE STUDENTS. A BIT THAT
STUDENTS ARM TO STOP THE
CHOKEHOLD AND A TERMINATION
ENSUED AND WE REPRESENTED MR
BLOBBY ON I WON AND WON THAT
CASE BUT UNDER THE. BROAD
DEFINITION OF EGREGIOUS
MISCONDUCT IN THE THE ANALYSIS
TALKS ABOUT SOME OF THE THINGS
THAT ARE GREGIS MISCONDUCT BUT
THE DEFINITION IS ACTUALLY.
BROADER THAN THE ANALYSIS
RECOGNIZES AGREE JUST MISCONDUCT
BECAUSE IT LISTS THOSE PENAL
CODE SECTIONS WOULD ALSO INCLUDE
ANY ALLEGATION OF CORPORAL
PUNISHMENT. SO PART OF SEATED IS
CONCERNED ABOUT THE BILL IS THE
THE CURRENT BREATH THAT THE BILL
IF THE BILL IS LIMITED TO.
EDUCATION CODE DISMISSALS THAT
ONLY INVOLVE AGREE JUST
MISCONDUCT.
UGH I THINK THAT WOULD UNDO SOME
OF THE.
CONCERNS ABOUT THE BILL BUT THE
CONCERN RIGHT NOW IS IF IT
APPLIES TO ALL DISMISSAL
HEARINGS IN WHICH ANY ALLEGATION
OF EGREGIOUS MISCONDUCT IS MADE.
IT'S GOING TO MAKE THOSE
HEARINGS A MORE TIME CONSUMING
AND MORE EXPENSIVE AND MY
UNDERSTANDING OF AB TWO FIFTEEN.
THERE WAS PASSED IN TWENTY
FIFTEEN WAS THAT PART OF THE
OVERWHELMING GOAL THERE WAS TO
MAKE TEACHER DISMISSAL HEARINGS
LESS EXPENSIVE. AND QUICKER FOR
THE BENEFIT OF TEACHERS AND THE
BENEFIT OF THE PUBLIC.
AND ANYTIME THAT YOU START
ADDING ADDITIONAL HEARINGS INTO
THE TEACHER DISMISSAL PROCESS
YOU RATCHET UP THE COST AND YOU
RATCHET UP THE TIME. AND SO THE
WAY THIS BILL IS CURRENTLY
WRITTEN UNDER FOUR FOUR NINE
NINE ZERO FIRST YOU HAVE A
HEARING TO DETERMINE IF THE
CHILD WITNESS NEEDS CHILD
ADVOCATES.
BUT THEN IT LOOKS LIKE YOU HAVE
ANOTHER HEARING IN FRONT OF THE
ADMINISTRATIVE LAW JUDGE TO
DETERMINE IF THEY.
CHILD WITNESS SHOULD TESTIFY BY
CLOSED CIRCUIT TELEVISION ONLY
YOU COULD HAVE THE POTENTIAL
HEARING TO DETERMINE WHO THE
CHILD ADVOCATES ARE GOING TO BE.
AND YOU COULD HAVE A POTENTIAL
HEARING TO DETERMINE IF THE
CHILD SHOULD TESTIFY. THROUGH
DEPOSITION ONLY AND SO ALL OF
THESE HEARINGS ARE GOING TO
REQUIRE BRIEFING AN ADDITIONAL
TIME AN ADDITIONAL WORK BY THE
ADMINISTRATIVE LAW JUDGE.
THE DEFINITION OF MINER AND
FOUR FOUR NINE NINE ZERO MY
UNDERSTANDING IS THE WAY IT'S
WRITTEN WOULD INCLUDE EVERY
PERSON UNDER AGE EIGHTEEN AND
SO.
THAT APPEARS TO ENCOMPASS NOT
ONLY THE ALLEGED CHILD VICTIM IN
A DISMISSAL HEARING BUT EVERY
STUDENT WHO MAY BE CALLED AT ANY
POINT AS A WITNESS SO IN THE
CASE THAT I MENTIONED THE GLOVE
YANO CASE. YOU HAD THE TWO
STUDENTS INVOLVED IN THE FIGHT
BUT THEN YOU HAD EVERY CHILD NOT
P. CLASSROOM WHO OBSERVED. THE
FIGHT OF WHAT HAPPENED AND YOU
WERE ASKED TO TESTIFY ABOUT WHAT
THEY SAW AND SO IT'S NOT CLEAR
FROM THE BILL AS WRITTEN. WOULD
EVERYONE OF THOSE STUDENT
WITNESSES HAVE A CHILD OUT THE
KID IF SO. BUT NOW YOU'RE
HEARING IS BALLOONING IN TERMS
OF THE NUMBER OF PEOPLE INVOLVED
IN THE TIME. AND I DO NEED TO TO
WRAP UP THE YES.
SO OF WEALTH SEAT WHILE CITY IS
OPPOSING THE BILL I THINK.
Y. CLEAR LIMITING OF THE BILL
TWO FOUR FOUR NINE THREE FOUR
POINT ONE CASES OF GREGIS
MISCONDUCT ONLY. I WOULD HOPE
THAT AND I ALSO THINK OF
REMOVING THE.
DEPOSITION ONLY TESTIMONY A IDEA
SO THAT THE RESPONDENT TRULY
WOULD BE AFFORDED THE RIGHT TO
CROSS EXAMINE THE WITNESSES
AGAINST HIM. THAT WOULD HELP
THANK YOU THANK YOU.
ANYONE ELSE IN SUPPORT.
ANIMALS LIKE TO WAIT IN SUPPORT.
THAT'S OUR OPPOSITION
I WOULD POST DATA BUT OKAY.
THANK YOU.
SO JUST WHERE IS LOOKING FORWARD
TO THE OPPOSITION.
ANYONE ELSE IN IN OPPOSITION.
ALRIGHT SING NONE.
BRING IT BACK TO COMMITTEE
QUESTIONS COMMENTS.
SO IT IT.
WE'VE BEEN WORKING ON THE SPELL
IN AND TRIED TO ADDRESS SOME OF
THE CONCERNS I KNOW INSURGENTS
OR THAT YOU ARE INTERESTED IN
THAT AS WELL.
AND SIR OUR QUESTIONS PERHAPS
YOU COULD ADDRESS SOME OF THE
CONCERNS AND THEN.
WHERE YOU INTEND TO? I GO WITH
THE SPELLS OF ASSORTED DOES
RECOMMENDED TO PASS.
RECOMMENDATION HERE BECAUSE OF
THE WORK THAT'S BEEN DONE BUT
THIS IS ALWAYS A DELICATE ISSUE
AND I KNOW YOUR GOAL HERE IS TO
TRY AND PROTECT CHILDREN WHICH
IS.
I BRADLEY LAUDABLE AND AN OUR
OUR MAIN GOAL IS NOT BE PREGNANT
WITH YOU AND A REASON FOR ALL OF
THE DIFFERENT STEPS IS NOT ONLY
TO PROTECT STUDENTS.
BUT ALSO TO PROTECT THE TEACHERS
TO INSURE THAT THERE ISN'T NO
FALSE ACCUSATIONS.
BOB THIS IS ABOUT THE MOST
EGREGIOUS
TEACHERS THAT ARE OUT THERE
WHICH I THINK OF IT'S A VERY
SMALL NUMBER SO WE'RE NOT TRYING
TO GO AFTER THE MAJORITY OF LA
UNIFIED. ESPECIALLY SINCE MY
DAUGHTER'S TEACHER MY FUNDED
FUTURE MY EX WIFE TO TAKE YOUR
WORD ON ABOUT THE THIRD ONE BUT
ANYWAY.
.
AND I KNOW THERE ARE GOOD PEOPLE
AND I KNOW THEY DAY WENT INTO
THAT PROFESSION TO DO THE RIGHT
THING. BUT THERE THOSE
UNFORTUNATELY THAT HAVE BEEN
PROBLEMATIC AND WE NEED TO MAKE
SURE THAT IS TO.
A CHILD THAT FIRST.
AND THAT WE AFFORD AN
OPPORTUNITY FOR ADMINISTRATIVE
JUDGE TO BE ABLE TO DISCERN
WHETHER OR NOT IT SHOULD BE
DONE.
OF AN OPEN CLAYCOURT NETTING
INCLUDES SEVENTEEN YEAR OLDS AND
SEVEN YEAR OLDS CAN BE ABUSED IN
WAYS THAT ARE. LIKE A VERY
DIFFICULT FOR THEM TO BE IN THE
SAME ROOM WITH THE ACCUSER AND
SO THE STEP THAT THEY'RE THEY'RE
TALKING ABOUT A VERY IMPORTANT.
I'M I WILL.
WORK WITH EVERYONE THAT IN
OPPOSITION MAKE SURE WE DON'T IT
COULD BECOME TO BROUGHT IT WE
NARROW IT DOWN COOKS WE TRULY
TRULY TRULY.
WANT TO MAKE SURE THAT WE'RE
TALKING ABOUT INDIVIDUALS
INVOLVED IN A VERY MODIFICATION
IS APPLE IN MY DISTRICT.
I WOULD NOT WANT THE ELEMENTARY
SCHOOL.
STUDENT TO BE IN THERE WAS
SOMEONE THAT HAS DONE SOME THE
MOST EGREGIOUS ACTS OF GOD CAN
EVEN MENTION IN THIS ROOM RIGHT
NOW. AND SO THE POINT OF IT IS
THAT ELEMENTARY SCHOOL STUDENTS
SHOULD NOT BE IN THE SAME ROOM.
WITS WITH THE SEXUAL ABUSER
THAT.
THEY CAME FROM ELEMENTARY SCHOOL
I THINK CTA AND AND THE OTHER
GROUPS AGREE AND SO WHAT WE'RE
REALLY TRYING TO DO IS FIGURE
OUT A FORMAT WHAT BOTH SIDES.
ARE ARE ABLE TO.
HAVE JUSTICE BUT I WANT TO MAKE
SURE OF.
THAT WE DO THIS CHILDREN FIRST.
THANK YOU.
RIGHT WE DON'T YET HAVE COR I
THINK THAT IS YOUR CLOTHES THANK
YOU HAVE WE DON'T HAVE QUORUM
WILL TAKE THIS BILL UP ONCE WE
DO. THANK YOU.
SO ITEM NUMBER FOURTEEN AB
TWENTY EIGHT TWENTY FIVE.
GOOD MORNING MEMBERS FIRST I
WANT TO THANK YOU CHAIR A
COMMITTEE STAFF FOR WORKING WITH
MY OFFICE ON THIS BILL. I WILL
AGAIN BOOBY ACCEPTING THE
AMENDMENTS RECOMMENDED BY THE
COMMITTEE TODAY. AB TWENTY TO
THIRTY FOUR WILL PROVIDE
STUDENTS WHO ARE TESTIFYING IN
EMPLOYEE DISMISSAL HEARINGS THAT
INVOLVED.
AFFECT EXACT SAME THING.
SORRY BECAUSE OF THIS WHEN THERE
ARE NO ABOUT SANTIAGO
AMENDMENTS.
OUTSIDE WHAT TWO FACETS OF AB
TWENTY EIGHT TWENTY FOUR THERE
YOU FAIR DEBT COLLECTION.
TWENTY FIVE I WILL CALL SOMEONE
TO USE AS MY EXCUSE.
GOOD MORNING MEMBERS OF WHAT AT
FIRST THANK THE WONDERFUL CHAIR
OF THIS COMMITTEE ASSEMBLY
MEMBER STONE AND HIS STAFF
WORKING WITH MY OFFICE.
AND STAKEHOLDERS ON THIS BILL.
THIS RIGHT OR.
I COME BEFORE YOU TO RESENT AB
TWENTY EIGHT TWENTY FIVE WHICH
PASSED OUT OF THE BANKING AND
FINANCE COMMITTEE WITH NO NO
VOTES AND WOULD CLOSE A LOOPHOLE
AND THE ROSENTHAL FAIR DEBT
COLLECTION PRACTICES ACT. AND
THAT BUYING AT
SPECIFICALLY THIS BILL AT THE
NEW DEFINITION FOR NON
CONSENSUAL OBLIGATIONS TOPAY.
WHICH INCLUDE DEBT ARISING FROM
TOWING AND STORING CHARGES UP
UNPAID PARKING ABILITIES AND
PAST DUE RESIDENTIAL RENT.
ALTHOUGH WE HAVE BEGUN DRAFTING
AMENDMENTS DO TIME CONSTRAINTS
BEEN MEMBERS HAVE NOT BEEN
FINALIZED BUT I AM COMMITTED I
REPEAT I AM COMMITTED TO
ADDRESSING THE OPPOSITE THAT
CONCERNED AS THE BILL MOVED
FORWARD. WITH ME TODAY TO
TESTIFY JEANETTE JENNA CHEN A
PATENT.
WELL FROM MALTA MEMBERS ARE
EXPECTS LAST WEEK I GO.
THANK YOU
WITNESS PUTS GENTLY BUT THINK
LEGISLATIVE ATTORNEY WITH THE
MEXICAN AMERICAN LEGAL DEFENSE
AND EDUCATIONAL FUND. A WE ARE
THE SPONSORS OF THE BILL IN A
DISTURBING ANSWER QUESTIONS.
THANK YOU.
THAT'S WHAT THIS RONALD COLMAN
HERE ON BEHALF OF THE CALIFORNIA
LOW INCOME CONSUMER COALITION
ALSO KNOWN AS CLICK IN STRONG
SUPPORT FOR THESE ENHANCE
PROTECTIONS FOR CONSUMERS THANK
YOU.
THANK YOU ANYONE ELSE IN
SUPPORT.
SEEING NONE IS THERE OPPOSITION.
BUT.
SUPPORT YES
AIR CARRIERS WITH THE CALIFORNIA
STATE NAACP IN SUPPORT.
THANK YOU YOU KNOW NOTHING
SUPPORT.
OPPOSITION.
GOOD MORNING DAVID READ WITH A
RECEIVABLES MANAGEMENT
ASSOCIATION OF THE RECEIVERS
MANAGEMENT ASSOCIATION
RESPECTFULLY OPPOSES THE BILL IN
ITS CURRENT FORM. BUT WE ARE
VERY SUPPORTIVE OF THE OF THE
AND THE INITIATIVE THAT ASSEMBLY
MEMBER JONES SAWYER IS TRYING TO
ACCOMPLISH WHAT WE AGREE WITH
THAT.
OUR CONCERNS DEAL WITH
TECHNICALITIES THAT.
ASSEMBLY MEMBER UNDERSTANDS.
AND.
IS WORKING DILIGENTLY TO COME
UP WITH SOME SOLUTIONS WITH SO
WELL WE DON'T WANNA.
CREATING IMPEDIMENT FOR THE
BILL MOVING FORWARD AS WE'RE
CONFIDENT WE'LL BE ABLE TO COME
TO A SOLUTION.
IN THE VERY NEAR FUTURE.
THANK YOU.
ANYONE ELSE IN OPPOSITION BUT
NOT REALLY.
THE. PROPOSITION NOW BUT
WORKING.
ALRIGHT SINGH NANDA BRING BACK
TO COMMITTEE FOR QUESTIONS
COMMENTS.
I'D SAY NO AND THAT'S IT'S A
GOOD POSITION YOU FIND YOURSELF
AND YET BE WORKING WITH THE
OPPOSITION AND.
COURSE THIS GOES TO
APPROPRIATIONS SO THERE WILL BE
PLENTY OF OPPORTUNITY TO ADDRESS
THE TECHNICALITIES AND.
AND MAKE SURE EVERYBODY'S ON THE
SAME PAGE.
IT'S JUST WEARING MY CLOTHES
RESPECT EFRAT VOTE WHEN YOU HAVE
A FULL CORPS.
THANK YOU GET WHAT THANK YOU CAN
WE WILL. PICK THIS UP WHEN WE
GET THAT RECOMMENDATION
RECOMMENDED MOTIONS TO PASS.
TO APPROPRIATIONS WILL TAKE THAT
UP WHEN.
WHEN WE CAME.
IT'S A KILEY READY PRESENTS.
OKAY OF HIS THREATS.
BE READY TO PRESENT.
WE WERE OFF TO SUCH A GREAT
START.
OKAY.
I WILL SEE IF WE GET IT.
AN AUTHOR OR ENOUGH WITNESSES TO
BE ABLE TO PROCEED.
WELCOME THIS WEBER.
OUR GUESTS HERE TODAY IS
SOMETHING OVER SURELY WEBER WILL
BE SITTING IN FOR CRISTINA
GARCIA.
THERE ARE A COUPLE ITEMS THAT
WERE PULLED FROM THE AGENDA
TODAY ITEM NUMBER SIX AB TWENTY
TO FORTY SIX FRIEDMAN.
AND ITEM THIRTEEN AB TWENTY
SEVEN NINETY THREE.
KILEY.
THE THAT ARE.
AGENDA IS FAIRLY INTACT.
OKAY MISTER KILEY SO THAT I
THINK IS ITEM NUMBER THREE AB
TWENTY ONE TWENTY EIGHT
.
GOOD MORNING I'M MISTER CHAIR
MEMBERS I'LL BEGIN BY. ACCEPTING
THE COMMITTEE'S PROPOSED
AMENDMENTS.
IN TWO THOUSAND FOURTEEN THE
LEGISLATURE UPDATED THE PROCESS
FOR DISMISSALS OF PERMANENT
SCHOOL EMPLOYEES.
THE PASSAGE OF AB TWO FIFTEEN.
THAT BILL AMONG OTHER THINGS
CREATED AN EXPEDITED PROCESS FOR
REMOVAL OF SCHOOL EMPLOYEES WHO
HAVE COMMITTED. EGREGIOUS
MISCONDUCT AND ADDED
TRANSPARENCY AND ACCOUNTABILITY
WITH REGARD TO DISCLOSING AND
REPORTING EGRI JUST MISCONDUCT
AND MAINTAINING EVIDENCE.
IN EMPLOYEES FILE.
AB TWO FIFTEEN I PROVIDED THE
FRAMEWORK NEEDED TO PROTECT
STUDENTS FROM SERIOUS FORMS OF
MISCONDUCT BY GIVING LOCAL
SCHOOL OFFICIALS A MECHANISM TO
ASSURE AN OFFENDING EMPLOYEES
PROMPT REMOVAL. FROM THE
CLASSROOM.
SINCE THE PASSAGE OF THAT BILL
HOWEVER.
SCHOOL ADMINISTRATORS AND
GOVERNING BOARDS.
EXPRESSED CONCERN.
BUT THE LAW DOES NOT ALLOW THEM
TO ADEQUATELY ADDRESS MISCONDUCT
INVOLVING SEXUAL HARASSMENT AND
INAPPROPRIATE BEHAVIOR WITH
STUDENTS.
AS A RESULT THERE ARE SOME
SCHOOL EMPLOYEES THAT ARE
STAYING IN THE CLASSROOM EVEN
AFTER NUMEROUS ALLEGATIONS
OF SEXUAL MISCONDUCT.
TODAY'S BILL. HAS PROPOSED TO BE
AMENDED
ADDRESSES THIS ISSUE AND FURTHER
THE PURPOSE OF AB TWO FIFTEEN BY
ALLOWING LOCAL SCHOOL OFFICIALS
TO CONSIDER A PERMANENT
EMPLOYEES HISTORY OF SEXUAL
HARASSMENT. OR OTHER OKAY OTHER
INAPPROPRIATE BEHAVIOR WITH A
STUDENT IN A DISMISSAL HEARING.
EXISTING LAW ONLY ALLOWS
EVIDENCE AND TESTIMONY THE DATES
BACK FOUR YEARS EXCEPT IN THE
MOST SERIOUS INSTANCES.
OF ALLEGED SEXUAL ASSAULT OR
CHILD ABUSE
TODAY'S BILL WOULD ALSO ALLOW
EVIDENCE OF SEXUAL HARASSMENT OR
OTHER INAPPROPRIATE BEHAVIOR
EVEN IF IT IS OLDER THAN FOUR
YEARS TO BE PRESENTED IN ORDER
TO ESTABLISH A PATTERN.
OF MISCONDUCT.
TODAY'S BILL IS AN IMPORTANT
STEP IN MEETING TO PRESSING
SOCIAL CHALLENGES.
MAKING OUR SCHOOLS SAFER AND
ROOTING OUT AND SEXUAL
HARASSMENT.
AB TWENTY ONE TWENTY EIGHT MAKES
COMMON SENSE CHANGES TO
STRENGTHEN THE EXISTING PETER
DISMISSAL STATUTE. AND BETTER
PROTECT KIDS FROM PREDATORY
BEHAVIOR I RESPECTFULLY ASK FOR
AN AYE VOTE AND WITH ME TODAY
ARE THE SUPERINTENDENT AND
INSISTENT SUPERINTENDENT OF THE
ROSE BOWL JOINT UNION HIGH
SCHOOL DISTRICT RUNS IVERSON.
AND STEVE WILLIAMS.
THANK YOU GONNA PAUSE HERE FOR A
MOMENT AND ESTABLISH A QUORUM.
STONE HERE CUNNINGHAM CHAU.
CHIU WEBER.
HOLDEN KALRA.
KILEY THEY'RE MAIENSCHEIN THEIR
RACE.
THANK YOU WE DO HAVE A QUORUM
FIRST WITH US PLEASE.
WHICH IS THAT MY PUBLIC.
I AM CRUNCHY PERSON THE
SUPERINTENDENT THE ROSEVILLE
JOINT UNION HIGH SCHOOL
DISTRICT.
AND WE NEED YOUR HELP.
I WENT OUR PRIMARY
RESPONSIBILITY TO SCHOOL
DISTRICT IS TO ENSURE THE SAFETY
OF OUR STUDENTS WE TAKE THAT
SERIOUSLY WE BET POLLEN PLOY
EASE THAT WE TRAIN THEM ON
EVERYTHING FROM.
LOCKDOWN PROCEDURES TO SEXUAL
HARASSMENT.
AND IT'S RARE THAT WE HAVE A
SITUATION WHERE.
ES STAFF MEMBERS THE SAFETY
THREAT TO STUDENTS OR OTHER
STAFF MEMBERS BUT WHEN WE DO. WE
TRY TO TAKE ACTION IMMEDIATELY.
UNDER CURRENT LAW IF EMPLOYEE
ENGAGES IN INAPPROPRIATE SEXUAL
CONDUCT THAT DOES NOT RISE TO
THE LEVEL OF EGREGIOUS BEHAVIOR
WERE REALLY LIMITED THE
DISCIPLINE THAT WE CAN APPLY.
IN A DISMISSAL HEARING WE WE CAN
ONLY USE INSTANCES MISTER
COLLEGES SHARED WITH YOU. THAT
HAVE OCCURRED IN THE PREVIOUS
FOUR YEARS.
WE'VE BEEN DEALING WITH A CASE
THIS YEAR. IN WHICH THE TEACHER
HAS A HISTORY OF INAPPROPRIATE
BEHAVIOR BUT HE STAGGERED THE
INCIDENTS SO THAT ONLY THE MOST
RECENT CASE QUALIFIES UNDER
THAT.
IF A LOT ALLOWED US TO PRESENT
HIS ENTIRE EMPLOYMENT HISTORY.
WE COULD SHOW A PATTERN OF
BEHAVIOR AND ATTEMPTS AT
REMEDIATION THAT WOULD LEAD
ANYONE TO ASSUME THAT THE
EMPLOYEE IS AN ONGOING THREAT.
TO STUDENT SAFETY WITH THE FOR
YOUR LIMITATION ARE CASES IT
NEARLY AS COMPELLING AND IT'S
REALLY DIFFICULT.
BECAUSE OF THE FOR YOUR ROLE
ATTORNEYS REGULARLY BY SCHOOL
DISTRICT TO PURSUE DISCIPLINE
SHORT OF DISMISSAL. UNLESS
THERE'S BEEN TRULY EGREGIOUS
BEHAVIOR I DON'T THINK WITH THE
INTENT THAT THE LEGISLATURE
PROTECT THE PETA FILE OR SEXUAL
HARASSER. WHO IS SMART ENOUGH TO
ONLY ENGAGE IN INAPPROPRIATE
CONDUCT PERIODICALLY AND THIS
BILL CORRECT THAT IT WOULD
ENABLE SCHOOL DISTRICT TO HOLD
EMPLOYEES WHO ENGAGE IN
INAPPROPRIATE SEXUAL BEHAVIOR
ACCOUNTABLE? WE STRONGLY SUPPORT
AB TWENTY ONE TWENTY EIGHT.
THANK YOU EX WITNESS PLEASE.
YES MY NAME STATE WILLIAMS ON
THE ASSISTANT SUPERINTENDENT OF
PERSONNEL FOR THE ROSEVILLE HIGH
SCHOOL DISTRICT.
GOOD MORNING AND THANK YOU FOR
ALLOWING US TO SPEAK TODAY.
WE'RE HERE TO ASK FOR YOUR
SUPPORT.
TO BETTER HOLD EMPLOYEES
ACCOUNTABLE FOR SEXUALLY
HARASSING STUDENTS OR OTHER
EMPLOYEES.
WE'RE ASKING YOU TO GRANT SCHOOL
ADMINISTRATORS THE ABILITY TO
INCLUDE ALL INCIDENTS OF SEXUAL
HARASSMENT BY AN EMPLOYEE FOUND
TO HAVE MERIT. NO MATTER HOW
LONG AGO IT OCCURRED AS EVIDENCE
IN EMPLOYEE DISCIPLINE MATTERS.
WE FEEL FRUSTRATED.
IN OUR HANDS FEEL TIED BECAUSE
WE CAN ONLY GO BACK FOUR YEARS
WHEN DETERMINING DISCIPLINE.
FOR AN EMPLOYEE WHO HAS
DEMONSTRATED A PATTERN OF SEXUAL
HARASSMENT MISBEHAVIOR.
FOR EXAMPLE.
IF AN EMPLOYEE SEXUALLY HARASSES
STAFF OR STUDENTS
BUT THEN DOESN'T ENGAGE IN SUCH
BEHAVIOR FOR ANOTHER FOUR YEARS.
WE ARE UNABLE TO USE THE INITIAL
AXE
OF SEXUAL HARASSMENT. AS
EVIDENCE IN A DISCIPLINARY
HEARING.
WHEN FACED WITH SUCH
CIRCUMSTANCES WE HAVE REPEATEDLY
MOST RECENTLY.
YESTERDAY WITH A CASE I'M
WORKING ON.
WHEN FACED WITH SUCH
CIRCUMSTANCES WHERE REPEATEDLY
BEEN REMINDED TYPICALLY BY THE
EMPLOYEES LEGAL REPRESENTATIVE.
THAT WE ARE UNABLE TO INCLUDE
INCIDENTS BEYOND THE FOR YOUR
MARK AS A PART OF THE RECORD
THAT. IS A VERY HARD PILL FOR US
TO SWALLOW.
WE STRONGLY SUPPORT THE ME TO
MOVEMENT. AND ARE ASKING YOU TO
HELP US SEND A VERY LOUD.
CLEAR AND FIRM MESSAGE THAT
SEXUAL HARASSMENT IN OUR SCHOOLS
WILL NOT BE TOLERATED.
AND IN PARTICULAR THAT REPEAT
OFFENDERS WHO CANNOT REFRAIN
FROM SUCH BEHAVIOR.
WE'LL BE APPROPRIATELY
DISCIPLINE.
PLEASE SUPPORT THIS REQUEST.
AND GIVE SCHOOL ADMINISTRATORS
THE ABILITY TO INCLUDE ALL
SEXUAL HARASSMENT INCIDENTS UP
AN EMPLOYEE REGARDLESS OF A
TIMELINE. AND NOT LIMIT THEM TO
ONLY THE FOR MOST RECENT YEARS.
THANK YOU THANK YOU
ANYONE ELSE IN SUPPORT.
CYGNUS ANY OPPOSITION.
THING NONE OF BRING IT BACK TO
COMMITTEE FOR QUESTIONS
COMMENTS.
THERE IS A MOTION AND A SECOND.
THANK YOU.
SEEING NONE SCULLY MIKLOS I
RESPECT FOR ASPIRIN I BET THANK
YOU.
SO THAT MOTION IS TO PASS AS
AMENDED TO APPROPRIATIONS
KALRA PLEASE STONE AYE STONE AYE
CUNNINGHAM CHAU.
CHAO I CHU. CHU AYE WEBER. WEBER
AYE HOLDEN KALRA.
KALRA AYE KILEY AYE KILEY AYE
MAIENSCHEIN. MAIENSCHEIN AYE
REYES.
REYES I.
THAT BILL IS OUT.
THANK YOU PICTURE.
OKAY I WILL TAKE A. MOTION ON
THE CONSENT AGENDA UNLESS
SOMEONE LIKE TO REMOVE AN ITEM.
TO HAVE A MOTION AND A SECOND ON
CONSENT.
CALL THE ROLL PLEASE STONE BY
STONE AYE CUNNINGHAM CHAU. CHOW
AYE CHU. CHU AYE WEBER. WEBER
AYE HOLDEN. KALRA.
KALRA AYE KILEY.
MAIENSCHEIN.
MAIENSCHEIN AYE RAYOS.
REYES AYE THOSE ITEMS ARE OUT
THAT IS AB TWENTY TWO NINETY SIX
WALDRON AB THREE A SEVEN SIX
REYES A. B.. THIRTY ONE TWENTY
SIX PRO AND AB THIRTY TO FIFTY
WHICH IS THE. A JUDICIARY
COMMITTEE BILL.
MR LOW YOU YOU HAVE A COMMITTEE
THAT STARTING.
PRETTY SOON YOU HAVE YOU HAVE
THE OPPORTUNITY TO PRESENT YOUR
BILL NOW. ALRIGHT LET'S LET'S
MOVE AHEAD FOR THE FOR CHAIR LOW
ITEM NUMBER FIFTEEN AB TWENTY
EIGHT SEVENTY THREE.
SO GO.
QUICKLY ENOUGH.
THANK YOU VERY MUCH FOR THE
COMBINATIONS MISTER CHAIR AND
ALSO TO INDIVIDUAL SPEAKING IN
SUPPORT TO BE MINDFUL OF THAT
TIME AND THE RECOGNITION OF THE
ACCOMMODATIONS OF THIS IS
ASSEMBLY BILL TWENTY SEVEN THREE
WHICH DE CLARIFIES. THAT A
PERSONAL VEHICLE SHARON
PRODUCTION UP ITSELF THINK
OTHERWISE ARRANGE FOR
TRANSPORTATION WITH VEHICLE.
SUBJECT TO ANY MANUFACTURER'S
RECALL I WANTED THANK OF THE
CHAIR AND YOUR COMMITTEE STAFF
IN PARTICULAR FOR CONVENING
STAKEHOLDER MEETINGS AND WORKING
WITH US TO. ADDRESS THAT VERY
NARROW ISSUE AT HAND AND WITH ME
HAVE ADDITIONAL WITNESSES TO
SPEAK IN SUPPORT.
THANK YOU FIRST WITNESS PLEASE
MR TURN MEMBERS ARE NAY MORE
REPRESENTING CHARO IN SUPPORT OF
THE BILL TUROW'S A PERSONAL
VEHICLE SHARING PLATFORM
HEADQUARTERED IN CALIFORNIA.
OWNERS OF VEHICLES OPPOSE THEIR
VEHICLES ON OUR WEBSITE FOR
POTENTIAL USERS AND IN EXCHANGE
WE TAKE A FEE. FROM THE OWNER
PROVIDE INSURANCE FOR BOTH
PARTIES AND PER TWENTY TWO AT
TEN CALIFORNIA LAW DEFINING IN
ESTABLISHING THE REQUIREMENTS
THIS TRANSACTION. WE ASSUME ALL
OF THE LIABILITY OF THE OWNER
DURING THE TIME THAT VEHICLE IS
BEING DRIVEN AS PART OF THIS
TRANSACTION.
THE ARGUMENTS FOR PASSAGE OF
THIS LAW AND TWENTY TWENTY TEN
WHERE THAT THESE MODELS PROVIDE
FOR ANOTHER OPPORTUNITY FROM
ABILITY. ALLOW PEOPLE WHO MIGHT
NOT BE ABLE TO PURCHASE CARS TO
USE THEM WHEN THEY REALLY NEED
THEM AND TO GENERALLY PROVIDE AN
ALTERNATIVE TO FULL TIME VEHICLE
OWNERSHIP.
.
I WHICH IS SHOWN BY BEEN SHUNNED
BY NUMBER OF STUDIES TO REDUCE
GREENHOUSE GAS EMISSIONS LAST
YEAR MORE THAN A MILLION
CALIFORNIANS SIGNED UP TO USED
HER AS WEBSITE. THESE PLATFORMS
ARE ARE DISTINGUISHED BY FROM
RENTAL CAR AGENCIES BY AT LEAST
THREE DISTINCT COMPONENTS ONE
THEY PROVIDE A SERVICE TO
CONNECT OWNER CUSTOMERS AND
DRIVER CUSTOMERS. BUT UNLIKE
RENTAL CAR AGENCIES DO NOT OWN A
FLEET THEMSELVES.
SECOND THEY HAVE A HIGHER
STANDARD OF LIABILITY THE RENTAL
CAR AGENCIES CALIFORNIA LAW
SPECIFICALLY REQUIRES THESE
COMPANIES TAKE ON THE LIABILITY
OF THE VEHICLE OWNER.
FROM THE TIME THE KEYS ARE
TRANSFERRED FROM OWNER DRIVER.
AND RENTAL CAR AGENCIES HAVE AN
EXPLICIT EXEMPTION FEDERAL LAW
FROM THAT BY CARRIER VICARIOUS
LIABILITY ASSOCIATED WITH THAT.
AND THEN THE THIRD PIECE IS THAT
CALIFORNIA LAW REQUIRES PERSONAL
VEHICLE SHARING COMPANIES
PROVIDE INSURANCE TO BOTH THE
OWNER AND THE DRIVER. THAT MEET
SPECIFIED STANDARDS IN OUR CASE
WE PROVIDE MILLION DOLLAR
INSURANCE PLAN FOR THE OWNER.
AND WE PROVIDE THE STATE MINIMUM
TO THE DRIVER AVAILABLE TO
ANSWER ANY QUESTIONS THANK YOU
WITH
THANK YOU.
THAT'S WITNESS PLEASE MISTER
CHAIR MEMBERS I'M ROSEMARY SHAKE
HIM PRESIDENT CONSUMERS FOR AUTO
RELIABILITY AND SAFETY. AND WE
GREATLY APPRECIATE THE AUTHOR'S
LEADERSHIP IN OFFERING THE BILL.
AND BELIEVE THAT WILL HELP
ENHANCE CONSUMER SAFETY. AND
CARS SPEARHEADED ENACTMENT OF
FEDERAL LEGISLATION. THAT
REQUIRES RENTAL CAR COMPANIES TO
ENSURE THAT THEIR VEHICLES ARE
NOT SUBJECT TO A SAFETY RECALL
IN THAT ANY SAFETY RECALL THE
FACTS HAVE BEEN REPAIRED. AND
THEN WE ALSO.
WORKED WITH ASSEMBLY MEMBER
CORDON ON LEGISLATION THAT HE
AMENDED.
THAT.
TIGHTENED CALIFORNIA LAW.
REGARDING THAT IN THIS BILL WE
BELIEVE AS.
PROPOSED TO BE AMENDED. WILL
ENSURE THAT WHEN CONSUMERS
ARE GETTING VEHICLES OR.
A RIDE SHARING ENTITY LIKED HER
OR GET AROUND THAT THEY HAVE THE
SAME LEVEL OF SAFETY.
AND.
WILL WE LOOK FORWARD TO WORKING
WITH THE AUTHOR AND THE SPONSORS
ON FINE TUNING SOME OF THE
LANGUAGE IN THERE WE WOULD JUST
NOTE THAT THE.
ANALYSIS WHICH WE REALLY
APPRECIATE IS VERY THOROUGH AND
IT SPECIFIES THAT A
MANUFACTURER'S RECALLS A RECALL
CONDUCTED PURSUANT TO THE
FEDERAL LAW. THAT APPLIES ONLY
TO SAFETY RECALLS.
AND THAT IT SPECIFICALLY SAYS
THAT IT DOES NOT INCLUDE A
SERVICE CAMPAIGN WHICH IS WHY IT
IS DONE FOR LESSER KINDS OF
PROBLEMS THAT AREN'T SAFETY
RELATED. OR EMISSIONS RECALLS
RICHARD.
DIFFERENT CATEGORY OF RECALL.
THIS WOULD APPLY ONLY TO.
SAFETY RECALLS WHETHER. OR WHERE
THE VEHICLE EITHER FAILS TO
COMPLY THE FEDERAL MOTOR VEHICLE
SAFETY STANDARD OR WHERE. IT
POSES AN UNREASONABLE RISK TO
SAFETY AND THE MANUFACTURER AND
THE NATIONAL HIGHWAY TRAFFIC
SAFETY ADMINISTRATION OF SAID
HEY.
THIS IS DEFECTIVE IT'S UNSAFE IT
NEEDS TO BE REPAIRED.
AND WITH THAT WE WOULD ASK FOR
YOUR AYE VOTE THANK YOU.
IT ALSO SUPPORT IF YOU COULD
JUST GIVE US YOUR NAME YOUR
AFFILIATION PLEASE.
SAN FRANCISCO BASED CAR SHARING
PROGRAM ALSO IN SUPPORT THINKS
YOU'RE HUGE.
ANYONE ELSE IN SUPPORT.
MARGARET LET'S NOT HAVE WELL
WATER MAKERS IN SUPPORT.
LARA BENNETT WITH TECHNO IN
SUPPORT.
MY NAME IS SAM BENNETT I'M IN
SUPPORT.
MY NAME ISN'T AND I SUPPORT THE
BILL AND PERSONAL CARSHARING.
MY NAME IS JORDAN AND I SUPPORT
PERSONAL VEHICLE SHARING.
MY NAME IS JUSTIN I ALSO SUPPORT
PERSONAL HARSHER.
MY NAME IS ON THERE OF A DIRECT
I SUPPORT THE BILL AND PERSONAL
CAR SHARING.
MY NAME'S MATHIS TROUBLED I
SUPPORT PERSON CARSHARING THANK
YOU.
MY NAME'S FATTENING I SUPPORT
PERSONAL CAR SHARING.
I MY NAME IS NAZANIN MARIN AYE
SPORT PERSONAL QUESTION.
MY NAME IS JONATHAN LLOYD A
SPORT FIRST CARSHARING.
MY NAME IS KRISTEN DISAPPEAR I
SUPPORT THE SPELL ON PERSONAL
CAR SHARING.
MY NAME IS VICTOR I SUPPORT AB
TO EIGHT SEVENTY THREE AND
PATACA SHARING.
HELLO MY NAME IS LAURIE BOYD
SUPPORT THE BILL AND PERSONAL
CAR SHARING.
MY NAME IS JOHNNY AND I SUPPORT
PERSONAL CAR SHARING.
GOOD MORNING MY NAME IS SLIM
ALLEN CAMERA AND I ALSO SUPPORT
PEER.
OUR SHERRI.
GOOD MORNING MY NAME IS DOUG AND
I SUPPORT THIS BILL AND.
PERSONAL CARSHARING.
HI MY NAME IS SMITH ERICSSON AB
SUPPORT THIS BILL AND PERSONAL
CARSHARING.
HIGH MY NAME IS JESSICA THONG
AND ALSO SUPPORT THIS BILL AND
PERSONAL CRASHING.
ABOUT HIS ACCIDENT PRISTUPA
HOMES POOR PERSONAL CARSHARING.
MORNING MY NAME IS ERICA JOHNSON
AND I SUPPORT PERSONNEL CHO
SHARING.
I WANT AIMS ROBERT JENSEN AND I
SUPPORT THIS BILL ON PERSONAL
CARSHARE.
GOOD MORNING MY NAME IS CHARLES
NELSON I SUPPORT AB TWO EIGHT
SEVEN THREE AND PERSONAL
CARSHARING.
MY NAME IS CANDOR COCONUTS PART
PERSONAL CARSHARING.
GOOD MORNING MY NAME IS JACOB
NEVIN A SUPPORT AB TWO EIGHT
SEVEN THREE AND PERSONAL CAR
SHARING.
THANK YOU ANYONE ELSE AND
SUPPORTS.
SEEING NONE IS THERE OPPOSITION.
GOOD MORNING JIM LIGHTS ON
BEHALF OF THE CALIFORNIA
AIRPORTS COUNCIL REPRESENTING
THE THIRTY ONE COMMERCIAL
AIRPORT IN THE STATE WE HAD BEEN
OPPOSED UNLESS AMENDED. AND
LANGUAGE HAD BEEN.
DISCUSSED IN CONCEPT IT ENDED
UP NOT BEING INCLUDED IN WHAT
THE COMMITTEE HAS.
DECIDED TO DO IT THIS TIME.
BUT.
AIRPORTS ARE CONCERNED.
ABOUT SEVEN OR EIGHT AIRPORTS
HAVE ISSUED CEASE AND DESIST
ORDERS TO TURN ROSE
SPECIFICALLY.
NONE OF THOSE HAVE BEEN HONORED
TO DATE
AND THEY'RE CURRENTLY
ADVERTISING THEIR SERVICES TO
AIRPORT PASSENGERS AT MOST OF
THE LARGER AIRPORTS IN
CALIFORNIA.
WE'RE GOING TO EVALUATE THE
LANGUAGE THAT THE COMMITTEE IT
HASN'T.
DISCUSSED TODAY HOWEVER WE
DON'T UNDERSTAND HOW WE'RE
TALKING ABOUT A COMMERCIAL
BUSINESS ENTERPRISE.
IN THE CONTEXT OF ONE ONE FIVE
EIGHT ZERO POINT TWO FOUR OF THE
INSURANCE CODE WHICH CLEARLY
STATES THAT THAT.
PRIVATE CAR SHARING PROGRAM
AUTHORIZED BY THAT SECTION IS
FOR NON COMMERCIAL USES ONLY
SO. THAT WE AT THAT CAUSES US
SOME CONCERN AND.
WILL CONTINUE WITH THE
DISCUSSION BUT WE CERTAINLY DO
WANT TO THANK THE AUTHORS OFFICE
IN THE COMMITTEE STAFF WHO WE
BELIEVE WORK QUITE HARD TO TRY
AND. FIGURE OUT A WAY TO ENSURE
THAT AIRPORT COMPLIANCE IS
REQUIRED.
THANK YOU.
NEXT WITNESS PLEASE MISTER
CHAIRMAN MEMBERSHIP INVESTMENT
ON BEHALF OF THE TEAMSTERS.
WE HAVE FIVE THOUSAND BROWN
APARTMENT FIVE THOUSAND MEMBERS
WORKING IN THE RENTAL CAR
INDUSTRY IN CALIFORNIA. WERE
VERY CONCERNED ABOUT THE IMPACT
OF THIS BILL ON ON THEIR JOBS IN
THE VIABILITY OF THEIR WORK.
WE BELIEVE THAT.
THE ENTITY THAT THIS BILL WOULD.
BASICALLY AUTHORIZED IN LAW IS A
RENTAL CAR COMPANY AND WHAT
COMPETE DIRECTLY WITH THEM WITH
NOT ALL OF THE REQUIREMENTS THAT
RENTAL CAR COMPANIES ARE. ARE
BASED ON FEDERAL LAW STATE LAW
ETCETERA AND.
WE THINK THAT COULD CREATE AN
UNLEVEL PLAYING FIELD AGAIN
PUTTING THOSE JOBS IN JEOPARDY
WE WILL LOOK AT THE AMENDMENTS
WE HAVEN'T.
REVIEW DAM.
AT THAT BUT AT THIS MOMENT WERE
STILL POST
THANK YOU. THAT'S WHAT US WITH
GOOD MORNING MISTER CHAIR JOHN
MOFFETT ON BEHALF OF ENTERPRISE
WE WERE OPPOSED TO THE BILL AND
PRINT.
ON THE THE BILL BEFORE THE
COMMITTEE TODAY I THINK. WE'RE
EVALUATING IT WE HAVE IT
PROBABLY RAISES MORE QUESTIONS
THAT WE NEED TO LOOK AT AN
ANSWER.
.
YOU KNOW THE THE GORDON BILL
WHEN IT PASSED WAS INTENDED TO
OF APPLIED TO A FLEET OF ONE.
AND WAS INTENDED TO APPLY TO
SITUATIONS LIKE THIS SO BY
MOVING IN THIS DIRECTION AND
DEFINING PERSONAL VEHICLE
SHARING. AS SOMETHING DIFFERENT
THAN RENTAL CAR ARE WE A ARE WE
CREATING UP AN ADDITIONAL
LOOPHOLE ARE WE CREATING A
CONFLICT IN THE LAW WHERE NINE
SHOULD REALLY. REALISTICALLY
EXIST RIGHT NOW BECAUSE THAT LAW
SHOULD APPLY.
TO THESE RENTAL TRANSACTIONS.
THE E. ALSO SO THAT'S A
QUESTION THAT WE'RE THINKING
ABOUT LOOKING THROUGH TRYING TO
ANSWER. IN ADDITION HOW DOES
THIS LAW INTERACT WITH FEDERAL
LAW WHICH APPLIES TO FLEETS.
WE KNOW THAT THAT DESPITE THE
PERSONAL VEHICLE SHARING A
DEFINITION IN THE BILL OR IS
PROPOSED TO BE IN THE BILL WE
KNOW THERE ARE FOLKS PUTTING.
FLEETS ON THESE PLATFORMS.
HOW DOES THE SUPPLIER THEY
SUBJECT TO FEDERAL LAW THEY NOW
SUBJECT TO THIS LAW?
HOW DO WE HANDLE FLEETS MOVING
FORWARD AND IS THAT TRULY
PERSONAL VEHICLE SHARING WHEN
SOMEONE'S OFFERING FIVE TEN
VEHICLES? WHAT IF IT'S ONE
PERSON OFFERING ONE VEHICLE
THAT'S RENTED OUT THREE HUNDRED
AND SIXTY DAYS A YEAR? IS THAT
PERSONAL VEHICLE SHARING OR IS
THAT PERSONAL VEHICLE RENTAL.
AND SO THESE ARE ALL THE
QUESTIONS THAT THAT WE HAVE WE
WE A APPRECIATE THE AUTHOR AND
THE COMMITTEE IN THEIR DESIRE TO
PRESERVE THIS BROADER
DISCUSSION.
WE THINK IT'S A DISCUSSION THAT
THAT NEEDS TO HAPPEN WE LOOK
FORWARD TO ENGAGING IN THAT. AND
WE WE.
ARE LOOKING AT THE BILL AND
TRYING TO EVALUATE WHETHER THE
BILL AS PROPOSED TODAY ACTUALLY
PREJUDICES THAT DISCUSSION
MOVING FORWARD.
THANK YOU.
OTHER WITNESSES IN OPPOSITION IF
YOU COULD JUST GIVE YOUR NAME
AND AFFILIATION PLEASE THAT JON
ROSS ON BEHALF OF THE HERTZ
CORPORATION IN OPPOSITION.
MICHAEL YOUNG WITH THE
CALIFORNIA LABOR FEDERATION
RUSSELL'S.
THANK YOU.
BY THIS IS AN INTERESTING
SITUATION THAT WE FIND OURSELVES
AND BECAUSE THERE ARE A
SUBSTANTIAL AMOUNT OF AMENDMENTS
THAT ARE ESSENTIALLY IN THE
WORKS.
THAT WILL BE TAKEN I BELIEVE IN
THE NEXT COMMITTEE WHICH IS
PRIVACY.
AND MY HOPE IS THAT WE MOVE THIS
ALONG BUT I CAN ALSO APPRECIATE.
THE POSITION THAT THIS PUTS
EVERYONE AND SINCE WE SINCE WE
NOW HAVE NECESSARILY DEFINE IT
AND WHAT THE AMENDMENTS WILL DO
IS IS SIGNIFICANTLY SCALE THIS
BILL BACK.
AND THE REASON IS IN THE REASON
ACTUALLY GO TO SOME OF THE
TESTIMONY THAT WAS TALK HERE
TODAY. BECAUSE THIS WAS BROUGHT
AND NO WAS BROUGHT TO THE
AUTHOR.
A LONG LINE OF PERSONAL VEHICLE
SHARE.
BUT IN FACT AS WE TALKED WITH
THE COMPANIES AS WE LOOKED AT
THE AT THE SITUATION. TURNS OUT
THAT THE PLATFORM'S TEND TO BE
USED MORE FOR FLEETS THAN FOR
PERSONAL VEHICLES ARE AND
BECAUSE WE CREATED A STATUE FOR
PERSONAL VEHICLE SHARING.
AND WITH A STATUE FOR RENTAL CAR
COMPANIES
THE OPPOSITION CORRECT THAT THAT
WE'RE WE'RE NOW BLENDING THESE
IN.
OR THE POTENTIAL FOR WHEN THIS
BILL FIRST CAME UP AS WELL AS MS
FRIEDMAN SPELL. KIND BLENDING
THESE TWO STATUTORY CONCEPTS IN
A IN AN AWKWARD WAY WITHOUT
REALLY HAVING THOUGHT IT THROUGH
AND SO IF THE PLATFORMS TRULY
FOR PERSONAL VEHICLE SHARING
THAT'S ONE THING AND I THINK
THAT WAS WHAT THE AUTHOR'S
INTENT WAS I DON'T SPEAK FOR YOU
MISTER LOWE BUT WE YOU. AND I
HAVE TALKED ABOUT THIS.
AND THAT'S CERTAINLY WHAT WHAT
WE ARE LOOKING AT WHEN THIS CAME
IN BUT THE MORE. THAT THE
PLATFORM IS TO SALUTED IN LARGE
FLEETS THE MORE IT LOOKS LIKE
RAILCAR COMPANY
AND AND WHY WERE CONFUSING THE
TO AND CREATE A STATUTORY
FRAMEWORK THAT HAS TWO DIFFERENT
CATEGORIES TO BASICALLY DO THE
SAME BANG.
I I DON'T KNOW WHY WE WOULD
NECESSARILY DO THAT SO THERE'S A
LOT OF WORK THAT NEEDS TO GET
DONE.
FROM MY STANDPOINT.
A VERY JUST IN THE PLATFORM AND
INTERESTED IN THE POTENTIAL
AND WANT TO SEE THIS MOVE
FORWARD THAT'S WHY I'VE BEEN AYE
RECOMMENDATION AND THAT'S BASED
ON A LOT OF THE AMENDMENTS THAT
THE AUTHOR IN HIS FRIEDMAN WHO
WAS. VERY MUCH A PART OF THIS
CONVERSATION BECAUSE HER BILL IS
APROPOS TO THIS.
REALLY LEND TO THAT TO THAT
CONVERSATION WE NEED TO WHATEVER
WE DO BUILDING IN.
CONSUMER PROTECTIONS IS
IMPORTANT IN THIS CONVERSATION
AND HENCE THE RECALL PROVISIONS
THAT WILL STAY HERE AND AND
THAT'S ONE OF THE. IMPORTANT
PIECES THAT THAT'S GOING TO MOVE
FORWARD BUT I THINK THIS
LEGISLATURE NEEDS TO GET A
BETTER HANDLE ON HOW THESE
PLATFORMS ARE ACTUALLY BEING.
WHAT THEY REPRESENTS AND PERHAPS
WE SHOULD BE TALKING TO THE
RENTAL CAR COMPANIES ABOUT?
THEIR BUSINESS PRACTICES WHERE
THEY WOULD LIKE TO GO BECAUSE
THEY OBVIOUSLY COME TO THIS
TABLE WITH A WHOLE HISTORY. OF
STATUTORY. AND REGULATORY
RESTRICTIONS AND CONVERSATIONS
THAT HAVE BUILT UP OVER THE
YEARS NOW THERE'S A NEW
PLATFORM.
AND I DON'T WANNA GET IN THE
MIDDLE OF THE COMPETITION THAT
THIS REPRESENTS NOR DO WE GET
ONE TO GET IN THE MIDDLE. OF THE
EXISTING LAWSUIT THAT IS OUT
THERE BETWEEN SAN FRANCISCO AND
THE AIRPORT AND I'M NOT SURE ALL
THAT THE THE PARTIES ARE THAT'S
NOT THE INTENT AND. THIS
COMMITTEE HAS BEEN VERY CLEAR
THAT WE ARE NOT GOING TO PASS
LEGISLATION THAT INTERFERES WITH
OR DIRECT THE COURT'S BORN
EXISTING LITIGATION IF THERE'S
THE. LITIGATION THAT NEEDS TO
GET SORTED OUT IF WE DISAGREE
WITH THE RESULT WE THEN HAVE THE
OPPORTUNITY TO COME AND INSTRUCT
THE COURT. THROUGH OUR NORMAL
PROCESS IS THIS IS HOW WE THINK
YOU GOT THAT WRONG. BUT WE
SHOULDN'T BE SET UP TO TO TRY
AND INTERFERE. THE AMENDMENTS
ARE GOING TO SORT OF RESET ALL
OF THAT TAKE IT BACK TO ITS
SIMPLEST FORM.
AND THE REASON THAT THIS COULD
DISCUSSION NEEDS TO MOVE FORWARD
IS THAT WE WE NEED THE TIME AND
WE NEED THE SPACE TO BE ABLE TO
DISCUSS. THESE THESE NEW
FRAMEWORKS WHERE THESE PERSONAL
VEHICLE SHARING.
PLATFORMS ARE NOW BEING USED
WHAT THEY'RE GOING TO BE USED
FOR AND I'M NOT SAYING THAT
NECESSARILY MOVING TO FLEET
OPERATIONS IS A BAD THING.
BUT THAT'S NOT WHAT THE STATUTE
WAS CREATED FOR IT WAS CREATED
FOR PERSONAL VEHICLE SHARE.
AND WE EITHER HONOR THAT OR WE
LOOK AT THE ENTIRE SYSTEM AND
TRY AND CREATE A BETTER
FRAMEWORK FOR VEHICLES TO BE
SHARED WHETHER ITS THROUGH.
SOMETHING THAT LOOKS MORE LIKE
RENTAL CAR COMPANIES OR THROUGH.
INNOVATIVE APPS THAT THAT MAY OR
MAY NOT BE OUT THERE.
ALL THAT THE ABOUT SO THAT'S
KIND OF WHERE WE ARE.
IT'S AN INTERESTING PROCESS
WE'VE BEEN VERY ENGAGED IN THIS
AND THAT'S WHY I'D LIKE TO SEE
IT MOVE FORWARD DOES ENJOY DO
PASS. RECOMMENDATION WITHOUT THE
AMENDMENTS BECAUSE WE JUST
DIDN'T HAVE TIME TO GET ALL OF
THAT IN THIS WAS.
A MOVING.
HARD IT'S I DON'T EVER WANT TO
SAY TRUST ME AND YOU DON'T HAVE
TO TRUST US ON THIS. BUT.
THERE HAS BEEN ALL OUT BATTLE LA
WORKED AND THERE'LL BE A LOT OF
WORK DONE IN THE NEXT COMMITTEE
AND I THINK. GETTING OUR HANDS
AROUND THIS SLOWING IT DOWN SO
THAT WE CAN HAVE A REAL
CONVERSATION ABOUT IMPACTS IS.
IS WHAT WE'RE ABOUT AT THIS
POINT.
SO QUESTIONS COMMENTS MISTER
CHIU.
THANK YOU MISTER CHAIR LET ME
FIRST START BY THANKING YOU FOR
THAT. NOT GOOD SUMMARY OF WHERE
WE ARE I DO THINK THIS
OF BILL BRINGS UP A A NUMBER OF
FASCINATING ISSUES THAT.
AS THE LEGISLATURE WE OUGHT TO
GRAPPLE WITH I DO HAVE A
QUESTION.
RELATED TO THE LAWSUIT THAT MY
CITY I HAS BROUGHT AGAINST TORO.
AND I JUST WANT TO READ PARTS
OF THE ANALYSIS.
IT.
INITIALLY IS DRAFTED.
AS A STATE IN THE ANALYSIS.
IT'S HARD TO SEE HOW.
THE THE BILL WAS INTENDED TO DO
ANYTHING OTHER THAN INTERFERE
WITH THE PENDING LITIGATION AND
THAT'S HOW IT'S DRAFTED BUT THAT
BEING SAID MY UNDERSTANDING IS.
THAT THE AUTHORS PROPOSED
AMENDMENTS.
DOES REFLECT THE AUTHOR'S
AGREEMENT TO AVOID INTERFERING
WITH THE PENDING LITIGATION WITH
THIS BILL AND INSTEAD TO PROCEED
WITH RELATIVELY NON
CONTROVERSIAL PROVISIONS.
ON SAFETY RECALL I JUST WANT TO.
UNDERSTAND ON THE RECORD THAT
THAT IS YOUR INTENT YOU'RE NOT
TRYING TO IMPACT THE LAWSUIT
BETWEEN MY CITY AND.
AND TOWARD THE STOCK THAT IS
ABSOLUTELY CORRECT AND OUT WITH
THE INDULGENCE OF THE CHAIR AND
WORKING WITH A KEY STAKEHOLDERS
THAT IS CERTAINLY THE INTENT AND
THE BUT THE LANGUAGE THAT WE
HAVE. IS JUST SPECIFICALLY ON
THAT OF OF THE RECALL. TO INSURE
THAT CONSUMERS ARE PROTECTED IN
THAT TRANSPORTATION OF THAT IS
THAT IS CONVENE THROUGH THIS
APPLICATION IS ALSO SUBJECTED TO
THE SAME PROTECTIONS IN PLACE
FOR CONSUMERS WITH RESPECT TO
RECALL SO IT'S VERY NARROW IN
SCOPE. AND AGAIN W. DUE RESPECT
THAT OF THE LAWSUIT AND DO NOT
WANT TO HAVE ANY TYPE OF THE
PIECE OF LEGISLATION THAT WE GET
AND IN THE WAY OF THAT. I
APPRECIATE THAT AND.
AND AND AND CERTAINLY MY
READING OF THE ANALYSIS IN THE
BILL AND AND YOU'RE
REPRESENTATION AND ALSO THIS
COMMITTEE'S ANALYSIS. UP MAKES
ME FEEL COMFORTABLE THAT THAT IS
THE CASE IF IT TURNS OUT AT SOME
POINT DOWN THE LINE IN THE
LEGISLATIVE PROCESS THERE ARE
SOME WHO BELIEVE THAT WE NEED
TO.
CLARIFY THIS MORE EXPLICITLY ARE
YOU YOU OPEN TO LANGUAGE IN THE
BILL THAT WOULD MAKE IT VERY
CLEAR THAT THIS IS NOT TO TOUCH.
THE LITIGATION YES GREAT
I'M SO WITH THAT A I AM PREPARED
TO SUPPORT US ELISE MOVING THIS
FORWARD AT THIS TIME WITH THAT
UNDERSTANDING AND CERTAINLY WE
LOOK FORWARD TO THE CONTINUED
DISCUSSION AND. IN SUBSEQUENT
DATA COMMITTEES.
THANK YOU MISTER KALRA.
I THINK YOU MISTER CHAIR AND
DECEMBER LOW I APPRECIATE AND IT
SEEMS LIKE SOME PRETTY THOROUGH
CONVERSATION WAS THAT THAT OF
YOU AS WELL AS ITEMS FRIEDMAN.
HAVE BEEN HAVING ON THIS ISSUE
ARE AND THANK YOU FOR THE
CLARIFICATION SOME RICH CHU AND
AND OF THE ANSWERS THAT WAS SO
LOW. UP MY I THINK OF THAT THAT
THE. THE CHAIR APPROPRIATELY HOW
THE CONVERSATIONS TO REMOVE THAT
ASPECT.
AT THAT THE LITIGATION ASPECT
FROM THE BILL THAT I THINK WOULD
HAVE BEEN TROUBLESOME FOR. MANY
OF US.
AND. IT LOOKS TO ME THAT.
AMENDMENTS AGREED UPON WHICH
WILL BEGIN AYE MATCH BEFORE. THE
FORGET TO PRIVACY.
AND I'M COMFORTABLE IN IN
TRUSTING THE WORK OF THE CHAIR
AND AND MR LOW ON THAT.
YEAH I THINK THAT.
HOME.
.
ARE FOCUSED ON THE SAFETY ISSUE
ON THE RECALL.
AND.
THE OTHER QUESTION I HAVE MISTER
CHAIR IS THE. I'M I'M YOU SPOKE
OF THE LARGER ISSUE LESS HE'S
DISCONTINUED TO BE WORKED ON.
BUT IT'S NOT THE CONTEMPLATION
THAT WILL BE DONE THIS INTO THIS
BILL BUT THAT IN GENERAL.
GIVEN TO INTEREST A MISSILE LOW
AND AND FROM YOU AND FROM HIS
FRIEDMAN THAT THOSE
CONVERSATIONS WILL CONTINUE
OUTSIDE OF THE PAYMENT OF THIS
BILL YES THAT IS VERY GOOD POINT
GOOD QUESTION. THAT IS MEANT TO
HAPPEN OUTSIDE THE FRAMEWORK OF
THIS BILL THIS BILL BECAUSE OF
WHERE WE ARE. IS REALLY JUST
GOING TO DEAL WITH THE RECALL
PROVISIONS THAT'S THAT'S WHAT'S
ON THE TABLE IT'S A MUCH MUCH
SIMPLIFIED BILL.
I DO APOLOGIZE THAT NOT
EVERYBODY HAS SEEN THOSE
AMENDMENTS THEY'VE BEEN SORT OF
FAST AND FURIOUS AND THANKS TO
MY STAFF THE AUTHOR STAFF IS
FRIEDMAN STAFF FOR HELPING US TO
MAKE SURE WE GOT THIS IN A
POSITION. WHERE WE'RE
COMFORTABLE?
IT DOES FEEL LIKE A WORK IN
PROGRESS IT IS WEIRD FACT
RELYING ON THE NEXT COMMITTEE TO
SOLIDIFY THAT PARTICULAR
AMENDMENT BUT THAT BEING SAID I
IT IS A VERY INTERESTING AND
IMPORTANT ISSUE THAT WE NEED TO
BE DISCUSSED THAT. AND I'M
HOPING I'M ASSUMING THAT WILL
SEE A A BROADER BILL OR ANOTHER
BILL. FOR A COUPLE BILLS PERHAPS
NEXT YEAR. WE HAVE THE SUMMER WE
HAVE THE FALL TO TO DRILL DOWN
MAKE SURE THAT THAT.
WE GET A A A BETTER SENSE OF IT
ONE THE FRUSTRATIONS WAS AS WE
WERE INVESTIGATING THIS.
WE KEPT FINDING OUT ALMOST DAILY
NEW INFORMATION ABOUT HOW THE
PLATFORM WAS BEING USED WHAT THE
STATISTICS WERE WHO WERE USING
IT WHAT THE TRENDS WERE WAS VERY
DIFFERENT THAT. INFORMATION AS
IT CAME IN THAT WAS TROUBLING.
AND SINCE THAT'S THE CASE I
THINK WE DO NEED THE TIME TO.
REALLY FIGURE OUT WHAT THOSE
SITUATIONS ARE IF WE'RE GOING TO
LEGISLATE AND THEN UNDERSTAND
IMPACTS ON RENTAL CARS NOT
RENTAL CARS PERSONAL VEHICLES
FLEETS.
IT THAT'S ALL UP IN THE AIR SO
THE BEST ANSWER FOR US.
AND THE ENDS.
I RESPECT WITH FOR THE AUTHOR.
WE COULD HAVE JUST.
STOP THIS WHOLE THING TODAY THAT
WAS NOT MY DESIRE BECAUSE.
MOVING THIS BILL AS IT IS IT IT
WILL ACCOMPLISH IMPORTANT.
CONSUMER SAFETY OF PROTECTIONS
BUT IT ALSO IS AN INDICATION OF
THE LEGISLATURE'S WILLINGNESS TO
LOOK AT THE BROADER ISSUE AND
FIND SOME SOLUTIONS OF FIGURE
OUT WHAT WE NEED TO DO SO ON THE
BILL WAS FIRST PASSED.
TECHNOLOGICAL CAPABILITIES WERE
VERY DIFFERENT WE IT'S IT'S NOW
DIFFERENT LANDSCAPE WE HAVE TO
BE RESPONSIVE TO THAT YEAH BUT I
APPRECIATE THAT THE THIS
QUESTIONS WERE GRAPPLING ACROSS
MANY PLATFORMS AS WE'VE SEEN
THAT THE ORIGINAL. INTENTION OF
BILLS NO MORE AS THE
CAPABILITIES OF MANY
APPLICATIONS AND PLATFORMS
CHANGE AS WELL.
GET OF I THINK ONE OF THE
QUESTIONS THAT WAS RAISED BY THE
GENERAL FUND PRIZE HOLDINGS IS.
DOES THE BILL PREJUDICE
CONVERSATION I DON'T BELIEVE A
DOZEN THINGS BEEN NARROWED
ENOUGH TO FOCUS ON THE SAFETY
RECALL CONSUMER PROTECTION
ASPECT. AND I THINK THE
CONVERSATION IS ONE THAT SEEMS
LIKE EVERYONE IS WILLING TO
HAVE.
SEPARATE FROM THIS BILL AND IF
THAT'S THE CASE AND I'M
CERTAINLY CAN'T HOLDING FOR WITH
THE BILL AND AND THAT IS THE
CASE. THANK YOU. RIGHT OTHER
QUESTIONS MISS REST.
MY BIGGEST CONCERN OF COURSE IS.
WHAT IT'S GOING TO DO TO TO
LABOR AND THAT I TAKE THEIR
CONCERNS VERY SERIOUSLY?
I DO SIT ON.
PRIVACY SO I WILL HAVE THE
OPPORTUNITY TO SEE IT ONCE AGAIN
I APPRECIATE THE COMMENTS FROM
THE CHAIR AND. FOOD NOT NOT THE
PROMISES BUT THE COMMENTS AND
THOUGH ALMOST AS PROMISES.
I I DO HAVE HESITATION ABOUT
MOVING IT FORWARD BUT.
I WILL PROVIDE.
I I I WOULD LIKE TO SEE IT
AGAIN PRIVACY. AND SEE IF THE
OBJECTIONS.
PACIFIC WE FROM LABOR HAVE BEEN
REMOVED IF NOT THEN I WILL
ABSOLUTELY NOT BE VOTING IN
FAVOR OF IT AT THAT TIME.
THANK YOU.
THANK YOU OTHER QUESTIONS
COMMENTS.
ALRIGHT CIGNA MISALIGNMENT CLOSE
I JUST VERY QUICKLY THE SPIRIT
OF THE CONVERSATION.
.
SPECIFICALLY WITH RESPECT TO THE
CHAIR HELPING TO CONVENE ALL
STAKEHOLDERS AND.
MISS FRIEDMAN MYSELF
ABOUT THE CAR COMPANIES CHURRO
THAT PROVIDES THE CONVERSATION
TO CONTINUE TO MOVE FORWARD WHAT
DOES THAT WHAT IS THE ROLE OF
THE STATE LEGISLATURE WAS THE
ROLE OF THE REGULATORY
FRAMEWORK.
HOW WHAT IS THIS MEAN WITH
RESPECT TO SOME OF THE OTHER KEY
ISSUES WITH RESPECT TO WORKERS
ABOUT WE'VE BEEN ENGAGED TO A
SINCE THE INCEPTION ON
ADDITIONAL CONVERSATIONS ON THE
SPECIFICS ON WHAT IS THE
FRAMEWORK TOWARDS THE FUTURE?
AND THEN SPECIFICALLY WITH THE
RESPECTIVE THE LEGISLATION
BEFORE US THE LEGISLATION BEFORE
US.
IN SUMMARY ENCAPSULATES THE
MODEL THAT IS ALREADY IN
EXISTENCE AND NOSE ART IN LAW
BUT A PROVIDES THE FRAMEWORK
FOR.
CONSUMER PROTECTION WITH RESPECT
TO RECALLS.
AND IF WE CONTINUE TO MOVE
FORWARD WITH THIS PIECE OF
LEGISLATION AND ALSO ALLOWS FOR
THE GOOD SPIRIT AND THE GOOD
WILL OF THE CONVERSATIONS COULD
CONTINUE. WITH RESPECT TO ALL
STAKEHOLDERS AT HAND WHICH IS
WHY WE'VE COME UP TODAY WITH THE
SUPPORT OF FROM THE COMMITTEE
CHAIR AND.
WITH THAT I WOULD ALSO
COMMITTEE IN EVERYONE OF YOU FOR
THE CONTINUE CONVERSATION AND
DIALOGUE.
THANK YOU STILL LOOKING FOR A
MOTION THE MOTION OF THE TO PASS
TO PRIVACY AND CONSUMER
PROTECTION.
THANK YOU IS THEIR SECOND.
AND THE SECOND THANK YOU CALL
THE ROLL PLEASE STONE AYE STONE
AYE CUNNINGHAM. CUNNINGHAM I.
CHAO.
CHU CHU AYE WEBER.
WEBER AYE HOLDEN. KALRA.
KALRA AYE KILEY.
MAIENSCHEIN. MAIN CHEN AYE
REYES.
REYES I.
THE BILL IS OUT.
THANK YOU.
RIGHT BUT WAS STILL LIVING.
THANK YOU FOR YOUR PATIENCE
THINK THIS ITEM NUMBER TWO TO
THE AB TWO ZERO FIVE FIVE.
THANK YOU MISTER CHAIR AND
MEMBERS SAT AB TWENTY FIFTY
FIVE.
.
THE BILL THAT WOULD REQUIRE
LOBBYISTS TAKE SEXUAL HARASSMENT
TRAINING SEMI ANNUALLY I ACCEPT
THE COMMITTEE AMENDMENTS WITH ME
TO TESTIFY IS KRISTI PALMA. AND
JOHN VALENCIA OF THE INSTITUTE
OF GOVERNMENTAL ADVOCACY.
THANK YOU FIRST WITNESSED WITH
THAT MISTER CHAIRMAN MEMBERS OF
THE COMMITTEE CHRISTY BOMB HERE
ON BEHALF OF THE INSTITUTE OF
GOVERNMENTAL ADVOCATES.
WE ARE A VOLUNTARY. ASSOCIATION
OF LOBBYISTS IN SACRAMENTO OF
DEFENDING FIRST AMENDMENT RIGHTS
OF THE WORK WE DO IN THIS
CAPITAL. INFERNO VIEW AND WE
JUST WISH TO EXPRESS OUR THANKS
TO THE COMMITTEE.
INTO THE AUTHOR FOR CONSIDERING
OUR. OF OUR OUR CONCERNS IN THE
LAST COMMITTEE WHERE SHE SAID
HERE IN OPPOSITION IN THE
ELECTIONS COMMITTEE AND WE ARE
PLEASED NOW TO.
A B. HERE IN STRONG SUPPORT OF
THE BILL WE THINK THIS IS
CONSISTENT WITH AYE JEEZ.
INITIAL RESPONSES TO THIS.
THIS ISSUE IN EDUCATING OUR
MEMBERS AND ENSURING THAT THERE
IS A HEIGHTENED LEVEL OF
AWARENESS ABOUT OUR CONDUCT IN
THIS BUILDING AND AROUND MEMBERS
AND STAFF WE URGE YOUR SUPPORT.
AND I HAVE FROM SORRY MY OF
LOGISTICS LEGISLATIVE COMMITTEE
CHAIR HERE JOBLESS YOU MIGHT
BECOME A PERFECT WITH DECIDED TO
ANSWER QUESTIONS MISTER CHAIRMAN
THANK GOD WE ARE IN SHAPE THE
COMMITTEE'S WORK AND OF THE
OFFICE COOPERATION.
THANK YOU ANYONE ELSE IN
SUPPORT.
SEEING NONE IS THERE ANY
OPPOSITION.
THING NOT BRING BACK THE
COMMITTEE QUESTION MOVE THE BILL
COME.
THERE'S A MOTION AND A SECOND.
SYLVIE MAKE LOVE.
IT'S GOOD TO HAVE A BILL THAT
WENT FROM HAVING EVERY LOBBYIST
IN SACRAMENTO OPPOSED TO.
TO HAVING THEM NOW BE IN
SUPPORT THANK YOU ARE STUCK LAST
FOR MY VOTE.
ALL RIGHT.
MOTION IS DUE PASSED AS AMENDED
TO APPROPRIATIONS KALRA PLEASE
STONE BY STONE AYE CUNNINGHAM.
CUNNINGHAM AYE CHAU.
CHU CHU AYE WEBER.
WEBER AYE HOLDEN KALRA.
KALRA AYE KILEY.
MAIENSCHEIN. MAIN CHEN AYE REYES
REYES AYE.
THE BILL IS OUT THANK YOU THANK
YOU.
LET.
GONZALEZ FLETCHER.
YOU HAVE THREE BILLS.
ITEMS EIGHTEEN NINETEEN AND
TWENTY TO A PREFERENCE FOR THE
ORDER LEFT START WITH THIRTY
ONE.
THEY WILL TAKE ITEM NUMBER
TWENTY AB THIRTY ONE TWENTY.
THANK YOU MISTER CHAIR.
MY FIRST OF THREE VERY.
INCONSEQUENTIAL SMALL LITTLE
BELLS.
FIRST OF ACCEPTING THE
COMMITTEES TECHNICAL AMENDMENTS
LISTED ANALYSIS AND AS MANY OF
YOU KNOW I'M COMMITTED TO
CONTINUE TO WORK ON THIS AS IT
MOVES HOPEFULLY OUT OF THIS
COMMITTEE.
AB THIRTY ONE TWENTY WOULD
ELIMINATE THE CIVIL STATUTE OF
LIMITATIONS FOR VICTIMS OF
CHILDHOOD SEXUAL SALTS BECAUSE
OF THE SOCIETY IT'S TIME FOR US
TO PROTECT THE VICTIMS AND NOT
JUST SAY. THAT IT'S TIME TIME IS
UP FOR THEM.
THIS YEAR IN PARTICULAR WITH ME
TO MOVEMENT WITH THINGS THAT
HAVE BEEN HAPPENING ON THE
NATIONAL LEVEL WE PAID MORE
ATTENTION TO STORIES ABOUT
SEXUAL ABUSE PRIMARILY SEXUAL
ABUSE OF CHILDREN.
WHICH THEY'RE GOING TO BE FAR
TOO MANY EXAMPLES OUT FROM OVER
A HUNDRED AND FIFTY YOUNG
ATHLETES THAT WERE PART OF USA
GYMNASTICS TEAM OVER THE PAST
DECADES.
TWO THE UNDERAGE USA SWIMMERS
WHO ARE SUBJECTED TO ABUSE
DESPITE EVIDENCE THAT EXECUTIVES
AND OTHER TOP OFFICIALS IN
ORGANIZATION NEW OF THE
PREDATORY BEHAVIOR. TO THE TEN
YEAR PERIOD AT A PUBLIC HIGH
SCHOOL IN SAN DIEGO IN WHICH
COMPLAINTS AGAINST A TEACHER
WERE BURIED ALLOWING ADDITIONAL
STUDENTS TO BE VICTIMIZED.
THESE CASES SHOW HOW PREVALENT
CHILDHOOD SEXUAL ABUSE SAYS WITH
TWENTY PERCENT OF ADULT WOMEN IN
FIVE TO TEN PERCENT OF ADULT MEN
REMEMBER AN INCIDENT OF SEXUAL
ABUSE.
THESE CASES SHOW HOW PREVALENT
COVER UPS ARE BY ENTITIES AND
INDIVIDUALS IN A POSITION OF
POWER WHO EITHER CHOOSE TO TURN
A BLIND EYE OR ARE ACTIVELY
PROTECTING THIS
PREDATORS.
THEY ALSO HIGHLIGHT THAT EACH
VICTIM'S DECISION OF WHETHER TO
COME FORWARD PUBLICLY OR TO
PURSUE LEGAL REMEDIES IS
DIFFERENT AND HAPPENS AT THEIR
OWN TIME.
TRAUMA SHAME AND FEAR ARE JUST A
FEW OF THE REASONS THAT IT CAN
TAKE VICTIMS DECADES BEFORE
WANTING TO CONFRONT. OR EVEN
KNOWING TO CONFRONT THEIR OWN
CHILDHOOD SEXUAL ASSAULTS.
HOWEVER IT'S SIMPLY UNACCEPTABLE
BECAUSE SOMEBODY IS IN THEIR MID
TWENTIES STILL HASN'T IT ISN'T
READY OR HAVE THEM FIGURED OUT.
ON THE RECOURSE
WHICH CAN BE STRESSFUL RE
TRAUMATIZING THAT WILL TELL THEM
THAT THEY CAN ONLY PURSUE CIVIL
REMEDIES IF THEY CAN PROVE THAT
THEY HAD REPRESS THOSE MEMORIES
ARE SOMEHOW DIDN'T KNOW THAT
THEIR ABUSE WAS AFFECTING THEM.%
AB THIRTY WANT TWENTY WOULD
EXPAND ACCESS TO JUSTICE FOR
VICTIMS OF CHILDHOOD SEXUAL
ASSAULT BY REMOVING SOME OF
THESE TIME LIMITS THAT ARE
PLACED UPON VICTIMS INCREASING
AMOUNT OF DAMAGES THE VICTIM MAY
RECOVER FOR THOSE WHO SOUGHT TO
COVER UP. THESE ABUSES.
A NUMBER OF IT HAVE.
ADVOCATES WITH ME TODAY TO
TESTIFY.
BEGINNING WHICH ALL.
AT HAVE SIX THINK AND. THANK YOU
FIRST WITNESS PLEASE MONEY
MISTER WELL CAST EX I WAS BORN
AND RAISED IN SANTA ANA AND
STILL LIVE IN ORANGE COUNTY.
I'M AN ADVOCATE FOR OTHER ADULT
SURVIVORS OF CHILD SEXUAL
ASSAULT AND NOW I'M ONE OF THE
LEADING NATIONAL SPOKES PEOPLE
ON BEHALF OF VICTIMS.
AS A TEENAGER I WAS SEXUALLY
ASSAULTED BY THE CHOIR DIRECTOR
AT MY HIGH SCHOOL.
HE DELIBERATELY TARGETED ME
BECAUSE I WAS VULNERABLE.
HE KNEW I WAS POWERLESS.
I SPENT TIME IN A PSYCHIATRIC
HOSPITAL FOR SUICIDE.
MY MOTHER WAS AN ALCOHOLIC MY
FATHER WAS IN DENIAL.
I YEARN FOR MENTORSHIP AND A
STRONG ADULT FIGURE IN MY LIFE
JULIE ASSAULTS ME.
DURING THE TWO YEARS HE TARGETED
ME I WAS A SUBJECT OF REPEATED
SEXUAL ASSAULTS AND RAPES ON
SCHOOL PROPERTY AND ELSEWHERE.
BY THE TIME I GRADUATED HIGH
SCHOOL I WAS PREGNANT AND HAD A
SEXUALLY TRANSMITTED DISEASE.
LIKE MOST VICTIMS I LIVE WITH
CRIPPLING SHAME AND SECRECY FROM
MORE THAN A DECADE.
BUT I'M ONE OF THE LUCKY ONES.
I DEVOTED MY CAREER TO BEING A
VOICE AND A SOURCE OF
EMPOWERMENT FOR OTHER SURVIVORS
WHO UNTIL NOW ROOM MUTED BY
THEIR SHAME.
CHILD SEXUAL ASSAULT IS
DIFFERENT THAN ANY OTHER FORM OF
PREDATORY BEHAVIOR.
NO OTHER ASSAULT SILENCES ITS
VICTIMS SO SUCCESSFULLY.
NOW I'M THE FIRST PERSON MANY
SURVIVORS CALL WHEN THEY COME
FORWARD.
MOST ARE WELL INTO THEIR
THIRTIES AND FORTIES.
THAT IS THE BURDEN OF SHAME OF
CHILD SEXUAL ASSAULT.
THAT SEAMUS SO DEEP IN FACT A
VICTIM WILL NOT EVEN TELL THEIR
LIFE PARTNER UNTIL THEIR
THIRTIES AND FORTIES.
YET AN ARTIFICIAL DEADLINE THAT
STATUTE OF LIMITATIONS EXPECTS
THEM TO BE READY DECADES
EARLIER.
I AM NOT A FAMOUS PERSON.
I'M NOT A MOVIE STAR NOR GYMNAST
I'M NOT A C. E. O. OR CELEBRITY.
BUT IS KNOW LESS ON ME WHEN
HARVEY WEINSTEIN OR ROY MOORE OR
LARRY NASSER CUT A SWATH OF
SEXUAL ASSAULT ACROSS OUR MOST
VULNERABLE POPULATIONS.
IT IS NO LESSON ME TO STAND
HERE BEFORE YOU AND SAY THAT OUR
LAW MUST CHANGE.
WE HAVE SEEN A COMPLETESHIFT IN
OUR CULTURE WHEN IT COMES TO HOW
WE VIEW CHILD SEXUAL ASSAULT.
IT IS TIME TO ACKNOWLEDGE THAT
CULTURAL SHIFT.
WE MUST ALLOW VICTIMS TO COME
FORWARD WHEN THEY ARE READY.
I WAS NOT READY WHEN I WAS
NINETEEN.
MOST VICTIMS WHEN THEY CALL ME
HAVE NO RECOURSE AT ALL.
THAT MUST CHANGE.
THANK YOU.
IF YOU
S. WITNESS BUT.
MISTER CHAIRMAN MEMBERS OF THE
COMMITTEE MY NAME IS JEFFREY DE
LEON I'M THE DEPUTY EXECUTIVE
DIRECTOR. OF THE NATIONAL CENTER
FOR VICTIMS OF CRIME THE
NATION'S LEADING RESOURCE AND.
ORGANIZATION SERVING VICTIMS OF
ALL TYPES OF CRIME SINCE
NINETEEN EIGHTY FIVE. WE'VE
WORKED WITH THOUSANDS OF
INDIVIDUALS AND FAMILIES WHO
HAVE BEEN IRREVOCABLY HARMED BY
CHILD SEX ABUSE AND WE PROUDLY
STAND IN SUPPORT OF THIS
LEGISLATION.
THANK YOU NEXT WITNESS.
MISTER CHAIR IN ASSEMBLY MEMBERS
MY NAME IS MIKE FINNEGAN I'M
COUNSEL FOR THE NATIONAL CENTER
AND HERE TO ANSWER ANY TECHNICAL
QUESTIONS.
I THINK YOU.
ANYONE ELSE IN SUPPORT IF YOU
GIVE US YOUR NAME AND YOUR
AFFILIATION PLEASE.
NATIONAL ASSOCIATION OF SOCIAL
WORKERS CALIFORNIA CHAPTER IN
SUPPORT.
SITTING ATTACK OUR CONSUMER
ATTORNEYS OF CALIFORNIANS
SUPPORT.
A REMOTE HUMOR WITH THE NATIONAL
COLLEGE PLAYERS ASSOCIATION IN
SUPPORT.
IF YOU ANYONE ELSE IN SUPPORT.
SEEING NONE THEIR OPPOSITION.
COULD YOU MAKE ROOM FOR THE
OPPOSITION PLACE
.
GERMAN MEMBERS JOHN NORWOOD ON
BEHALF OF THE INDEPENDENT
INSURANCE AGENTS AND BROKERS OF
CALIFORNIA.
JUST WANT TO START BY SAYING
WITH KNOWLEDGE IS A VERY
DIFFICULT TOPIC AND. CERTAINLY
NONE OF US HERE RELISH THE.
BEING IN A POSITION TO OPPOSE A
BILL LIKE THIS AND I DO WANNA
COMMENT THAT WITH REGARD TO THIS
POLL. OUR COMMENTS GO
EXCLUSIVELY TO THE CIVIL STATURE
LIMITATIONS FOR BRINGING A
LAWSUIT AGAINST THE EMPLOYER OF
THE PERPETRATOR WE DON'T HAVE
ANY PROBLEMS WITH THIS BILL IN
TERMS OF. OF STATURE LIMITATIONS
FOR THE THE PERPETRATOR OF THAT
CAN BE OPEN ENDED WEEK WERE NOT.
CONCERNED ABOUT THAT.
.
CERTAINLY OUR PROBLEM WITH THE
BILL AS IT.
TRIES TO MERGE THE POSITION OF
THE PERPETRATOR AND THE IMPORT
AND THE EMPLOYER IN THEIR VERY
DIFFERENT POSITIONS ON EMPLOYER
HAS TO HAVE SOME CULPABILITY. AT
SOME POINT TO DO IT.
BE LIABLE NOT JUST THE FACT
THAT THEY EMPLOYED THE
PERPETRATOR.
THERE ARE LITERALLY.
THOUSANDS OF ORGANIZATIONS
IN CALIFORNIA THAT WANT TO OR
PURCHASE.
SEXUAL ABUSE AND MOLESTATION
INSURANCE.
EVERY CONCEIVABLE PERSON YOU
CAN THINK IN THE HEALTHCARE AREA
FROM DOCTORS TO COUNSELORS UP
PRIVATE AND PUBLIC SCHOOLS
AROUND YOUTH ORGANIZATIONS THAT
DEAL WITH. KIDS NONPROFIT
ORGANIZATIONS EXCEPT FOR A AND I
THINK FROM A PUBLIC POLICY
STANDPOINT YOU WANT THE CHARTS
MECHANISM TO BE OUT THERE.
BECAUSE IN ORDER TO GET THIS
KIND OF COVERAGE.
ORGANIZATIONS HAVE TO GO
THROUGH A RIGOROUS APPLICATION
PROCESS
AND THE APPLICATION PROCESS
REQUIRES THESE ORGANIZATIONS TO
HAVE A CODE OF CONDUCT IN PLACE.
PERFORMED FINGERPRINTING AND
BACKGROUND CHECKS TO CONSULT THE
NATIONAL ABUSE REGISTRY.
HAVE POLICIES OF THE TROLLING
ART ALONG WITH ADULTS HAVE
MANDATORY REPORTING AND ACTION
PLANS
FOR REPORTED EVENTS OR CONCERNS
REQUIRE ANNUAL TRAINING. ARE TO
PREVENT CHILD ABUSE AND HAVE
WRITTEN PROCEDURES WITH
REGARDING INTERACTIONS BETWEEN
EMPLOYEES.
CONTRACTORS OF VOLUNTEERS AND
MAINTAIN ZERO PAUL OF TOLERANCE.
.
A POLICY TOWARD CHILD ABUSE.
GIVEN THE NUMBER OF
ORGANIZATIONS I MEAN THERE ARE
HIGH PROFILE IT'S INCIDENTS AND
THERE'S TOO MANY. BUT.
YOU GOTTA BELIEVE THAT THESE
KINDS OF POLICIES AND ENSURES
THAT. NO REALLY EDUCATE AND
TEACH ORGANIZATIONS OF THAT THIS
IS WHAT THEY HAVE TO DO I THINK
HELP PREVENT THESE TYPES OF
THINGS REMEMBER CURRENT. AND
THAT SHOULD BE THE GOAL.
IN OUR VIEW JUST ELIMINATING THE
OF THE STATUE OF LIMITATIONS.
BEFORE LAWSUITS AGAINST
EMPLOYERS I'M IS GOING TO MAKE
IT MORE THAN LIKELY VERY
DIFFICULT IF NOT IMPOSSIBLE FOR
INSURERS TO OFFER THIS COVERAGE.
AT BEST THE PRICES GO UP WHEN
THE COVER COVERAGE GIVES
RESTRICTED AT WORSE IS GOING TO
BE NO COVERAGE AT ALL.
.
AND WE DON'T THINK THAT'S A
POSITIVE THING.
.
WE THINK WITH REGARD TO THE
EMPLOYER THERE HAS TO BE SOME
TIME PERIOD WHEN THERE'S NOT AN
UNRESTRICTED RIGHT TO COME AFTER
THE EMPLOYER SO THE INSURER HAS
SOMEWHERE. TO KNOW YOU KNOW WHAT
THE LIKELIHOOD OF LAWSUITS ARE
TODAY THAT NUMBER IS TWENTY SIX
YEARS OLD AND AFTER THAT.
THE CLAIMANT HAS.
WITHIN THREE YEARS OF THE TIME
THEY KNEW OR SHOULD HAVE KNOWN
OF THE CONNECTION BETWEEN THEIR
ABUSE SEND. AND THEIR DAMAGES
YOU KNOW TO BRING A LAWSUIT
WHERE THEY CAN SHOW THE EMPLOYER
KNEW SOMETHING FAILED TO TAKE
ACTION WHATEVER THE CASE MAY BE.
IS TWENTY SIX THE MAGIC NUMBER
APPROPRIATE WHO KNOWS I MEAN
DIFFERENT STATES HAVE DIFFERENT
NUMBERS IT COULD BE THIRTY IT
COULD BE THIRTY FIVE WHATEVER IT
IS. BUT AT SOME POINT TO ENSURE
CONCERNED CHOOSE WHAT HASN'T
HAPPENED HERE THEN THE NEXT STEP
IS THAT.
NO THEY HAVE TO SHOW THIS SO
REDUCES THE CHANCE AND YOU CAN
ACTUALLY SAY WELL WE CAN MOVE
RESERVES OR WHATEVER THE CASE
MAY BASE I THINK.
IT'S ALL ABOUT BALANCE OF HAVING
SOME BALLOTS CERTAINLY YOU WANT
THE ABILITY OF CLAIMANTS TO.
GO AFTER PEOPLE THAT.
THEM FROM THAT CREATED ARAFAT
ALLOWED FOR HARM BUT THE SAME
TIME YOU WANT THAT COVERAGE TO
BE AVAILABLE BECAUSE IT IT DOES
SOMETHING VERY POSITIVE IN TERMS
OF TEACHING ORGANIZATIONS. WHAT
THEY HAVE TO DO TO PREVENT THIS
SO WE SHARE THOSE CONCERNS WHAT
THE AUTHOR THAN AND STYLE FOR
CERTAINLY?
MORE THAN WILLING TO CAN
CONTINUE WORKING WITH THERE IS
THIS BILL MOVES AS WE EXPECTED
TO DO BUT FOR RIGHT NOW WE STILL
HAVE TO OPPOSE THE BILL.
THANK YOU VERY MUCH.
THAT'S WITH US PLEASE MISTER
CHAIR AND MEMBERS STATE PLAYING
BOARD JUST ON BEHALF OF THE
CALIFORNIA ASSOCIATION OF JOINT
POWER AUTHORITY IS. IN THE
NINETEEN SEVENTIES AND EIGHTIES
PUBLIC AGENCIES ARE FACED WITH
EXTREMELY EXPENSIVE PRIVATE
SECTOR INSURANCE COSTS THAT
PROVIDED LITTLE COVERAGE AND
MANY INSURANCE COMPANIES REFUSE
TO OFFER. AND ANY PLANS OR
GREATER PRAIRIE WHAT LIKE DIDN'T
YOU TO PUBLIC AGENCIES STEP
PUBLIC ENTITY RISK PULLING JP IS
PRESSED AB WISH AND AS A RESULT
MANY PUBLIC ENTITIES INCLUDING
MORE THAN A THOUSAND SCHOOL AND
COMMUNITY COLLEGE DISTRICT. USE
THIS MODEL TO EFFECTIVELY SELF
INSURE THEIR LIABILITY IN OTHER
INSURANCE LOST CONTROL RELATED
OBLIGATIONS IN NONPROFIT RISK
POOLS.
CA.GOV IS A HIGHLY SENSITIVE AND
SUPPORTIVE OF THE NEED TO
PROTECT THE HEALTH SAFETY AND
EDUCATION OF EVERY CHILD AND WE
FULLY ACKNOWLEDGE AND RESPECT
THE RIGHTS OF VICTIMS OF
CHILDHOOD SEXUAL ASSAULT.
HOWEVER FROM A PURELY FISCAL
PERSPECTIVE WE ARE CONCERNED
THAT ELIMINATING THE STATUTE OF
LIMITATIONS ON WHEN A PUBLIC
SCHOOL EMPLOYER CAN BE STUDENTS
GOING TO RESULT IN SIGNIFICANT.
INCREASE CLAIMS AND LEGAL COSTS
THAT WILL ADVERSELY IMPACT THE
FINANCIAL VIABILITY OF THE
SCHOOL DISTRICT'S BUDGET AND
QUALITY OF EDUCATION FOR ALL
CHILDREN. AT A MINIMUM THE BILL
WOULD LEAVE PUBLIC AGENCIES WITH
AN ABILITY TO ASSESS REST ON ALL
CLAIMS AND WOULD LIKELY RESULT
IN INCREASED RATES HARD CAPS OR
EXCLUSIONS ON LIABILITY COVERAGE
THAT PUBLIC ENTITIES CAN OBTAIN.
WE WANT TO PARTNER WITH THE
LEGISLATURE AT EVERY OPPORTUNITY
TO FOCUS ON EDUCATION AWARENESS
AND TRAINING TO PRESENT TO
PREVENT THESE INSTANCES FROM
EVER OCCURRING. BUT WE ALSO HAVE
AN OBLIGATION TO EDUCATE THE
BODY THAT IT IS CALIFORNIA
TAXPAYERS TO ALTERNATELY BEAR
THE COST OF THESE LAWSUITS WHICH
HURT THOSE INDIVIDUALS WHO RELY
ON LOCAL GOVERNMENT SERVICES.
BETTER LIMITED AS A RESULT FOR
THESE REASONS WHERE RESPECTFULLY
OPPOSED AT THIS TIME BUT REMAIN
COMMITTED TO PARTNERING WITH THE
AUTHOR AND HER STAFF ON HER
COMMENDABLE GOAL TO PROTECT THE
HEALTH AND SAFETY OF EVERY CHILD
IN CALIFORNIA.
THANK YOU THAT'S WHAT THIS
PLEASE.
GOOD MORNING MISTER CHAIRMAN AND
MEMBERS SAYS STEVEN GREEN I'M
GENERAL COUNSEL FOR THE COUNT
CALIFORNIA CAL THE CONFERENCE
I'M PINCH HITTING FOR
NONETHELESS WHO'S THE EXECUTIVE
DIRECTOR.
.
THE CHURCH DOESN'T DISPUTE THAT
VICTIMS DESERVE RESTORATION AND
HEALING.
AS A RESULT IN.
TWO THOUSAND TO S. B. SEVENTEEN
SEVENTY NINE SENATOR BURNS BILL
THAT REVIVED THE STATUE
MEDITATIONS FOR YEAR THE CHURCH
DID NOT OPPOSE THAT AT THE TIME.
WHO CERTAINLY COMMENTED ON THE
FACT THAT THAT IT ONLY APPLIED
TO PRIVATE EMPLOYERS AND NOT ANY
PUBLIC EMPLOYERS BUT
NEVERTHELESS?
WORKING WITH INSURERS
THE CHURCH STEPPED UP AND FLOOD
SETTLED WRITTEN OVER THOUSAND
CLAIMS NEARLY A BILLION AND A
HALF DOLLARS TO ADD TO MEET THAT
COMMITMENT.
AND THEN BEYOND THAT.
EACH DIOCESE IN CALIFORNIA HAS
PUT IN PLACE SAFE ENVIRONMENT
COORDINATORS AND VICTIM
ASSISTANCE COORDINATORS TO DEAL
WITH VICTIMS WHO HAVE COME
FORWARD EVEN SINCE THEN. SO IT
IS THE CASE THAT.
THAT EACH DIOCESE WILL ADDRESS
THE NEEDS OF VICTIMS WORKING
WITH THEM TO TRY TO PROVIDE
HEALING AND.
TO PROVIDE RESTITUTION IN MANY
INSTANCES.
INSTITUTIONALLY ACROSS NOT ONLY
IN CALIFORNIA ACROSS THE COUNTRY
THE OF THE US CONFERENCE OF
BISHOPS ADOPTED THE CHARTER FOR
THE PROTECTION OF CHILDREN AND
YOUNG PEOPLE. AND.
AND THAT PUTS IN PLACE MANY
OTHER PROTECTIONS COMMITTED TO
ADDRESSING THE NEEDS OF VICTIMS
TO COOPERATING WITH.
WITH LAW ENFORCEMENT ON ON ANY
TYPE OF REPORTING TO HAVING
FINGERPRINTING BACKGROUND
CHECKS.
THERE IS AN AUDIT PROCESS BY
WHICH THE THE DIOCESES IN
CALIFORNIA ACROSS THE COUNTRY
ARE AUDITED EACH YEAR TO ENSURE
THAT THEY ARE COMPLYING WITH THE
CHARTER AND ALL THOSE DIFFERENT
PROVISIONS IN THE COMMITMENTS OF
THE BISHOPS. SO WHAT IS IT MEAN
IN TERMS OF NUMBERS FOR
CALIFORNIA WE'RE WE'RE WORKING
TO TRY TO GET. MORE COMPLETE
NUMBERS BUT.
OUR CONSERVATIVE ESTIMATE AT
THIS POINT IS IN ABOUT THE LAST
DECADE AND A HALF.
CHURCH INTO ENTITIES IN
CALIFORNIA HAVE HAVE FINGERPRINT
BACKGROUND CHECKED NEARLY HALF A
MILLION APPLICANTS VOLUNTEERS
CLERGY AND OTHER PEOPLE THAT
PARTICIPATE IN THE MINISTRY OF
THE CHURCH THE DEAL WITH YOUNG
PEOPLE. AND IT IS PROVIDED SAFE
ENVIRONMENT AND YOU PROTECTION
TRAINING TO BOTH ADULTS AND
CHILDREN AIR IN NUMBERS NICK
REACHING NEARLY TWO MILLION. SO
SO IT IT CERTAINLY IS A CASE OF
WHERE.
THE CHURCHES COMMITTED TO
PREVENTING THIS GOING FORWARD.
.
BECAUSE OF THE CONCERNS WE HAVE
ABOUT THE SCOPE OF THE BILL AND
THE THE RETROACTIVITY GOING
BACKWARDS.
AS WE INDICATED IN THE IS
INDICATED IN THE ANALYSIS.
THE PREFERENCE OF THE THE COP
HAVE A CONFERENCE WOULD BE THAT
THERE BE A RESPONSIBLE THE
INCREASE OF THE CURRENT AGE
LIMIT. THAT THE THE BILL BE
EXPANDED TO INCLUDE ALL PRIVATE
ARE ALL PUBLIC ENTITIES INCLUDE
NOT ONLY LOCAL PUBLIC ENTITIES
BUT STATE GOVERNMENT. AND THAT.
.
IT RECOGNIZE RECOGNIZE THE THAT
THE COMMITMENT THAT WAS MADE OR
REPRESENTATIONS WERE MADE WITH
S. B. SEVENTEEN SEVENTY NINE A
DECADE AND A HALF AGO THAT THAT
WAS A ONE TIME OPENING OF THE
STATUTE.
IN AGAIN TO WHICH THE CHURCH
HAD RESPONDED AT THAT TIME SO.
SO UP THE POSITION A CONFERENCE
AT THIS POINT IS OPPOSE UNLESS
AMENDED THANK YOU FOR YOUR TIME.
THANK YOU ANYONE ELSE IN
OPPOSITION IF YOU COULD JUST
GIVE US YOUR NAME AND YOUR
AFFILIATION PLEASE.
AS FOR OUR LETTER HAVING BEEN
SENT IN LATE BUT WE ARE ALSO
OPPOSE AND LISTEN AND.
NANCY LA COSTS AND I'M
REPRESENTING THE SCHOOLS ACCESS
LIABILITY FUND WHICH PROVIDES
ACCESS LIABILITIES OVER HALF THE
SCHOOL DISTRICTS IN THE STATE.
AND WE ARE OPPOSED UP PRIMARILY
BOB ON THE FOR THE REASONS THAT
MISS MARGISON AND MR KNOWING
WHAT TALK ABOUT THANK YOU.
GOOD MORNING MY NAME IS NATALIE
EVEN WITH THE CHURCH STATE
COUNCIL AND WE OPPOSE THIS BILL.
ENORMOUS IN OPPOSITION.
RIGHT SIGNAL AND I'M GONNA BRING
IT BACK TO THE COMMITTEE FOR
QUESTIONS FOR COMMENTS IS
WITHOUT SET FLETCHER WITH THANK
YOU FOR. BRINGING THIS FORWARD
THIS THIS IS A TOUGH SITUATION
THAT THE FACT THAT THE PREVIOUS
LEGISLATURE DID SOMETHING DOES
NOT ACTUALLY BY OUR HANDS.
NO TIRE HANDS AT ANY POINT RIGHT
NOW.
AND.
IT'S VERY DIFFICULT IS TO LISTEN
TO.
THE TESTIMONY OF THOSE WHO HAVE
BEEN AFFECTED AND THE TIMELINE
SO THEY THEY FACE THEMSELVES
UNDER AND. IT'S AN UNFORTUNATE
CONSEQUENCE OF OUR JURISPRUDENCE
SYSTEM. THAT WE SEEM TO SAY YES
I'M SORRY YOU'VE BEEN SEVERELY
HURT INJURED LOST A LIMB YOUR
LIFE HAS BEEN RUINED HERE'S A
LITTLE BIT OF MONEY THAT MAKES
IT ALL. BETTER.
AND IF THAT'S GOING TO BE THE
CASE THAT WE JUST THEN I THINK
IT'S INCOME ON US TEN TO MAKE
SURE WE SET UP A SYSTEM.
THAT TRULY THAT. THAT REGRETS
AND.
I UNDERSTAND THE CONCERNS OF THE
EMPLOYERS THE CONCERNS OF THE
INSURANCE COMPANY BUT THE FACT
OF THE MATTER IS THESE
ORGANIZATIONS THAT HAVE FOSTERED
THAT HAD FUELED THAT HAD. LOOK
THE OTHER WAY WHEN PEOPLE WERE
SIGNIFICANTLY BEING ABUSE.
AND.
THEY MAY END UP BEING THE DEEP
POCKETS BUT OUR SYSTEM IS TO SAY
YOU'VE BEEN INJURED.
HERE'S A BUNCH OF MONEY AND I
THINK WE NEED TO BE CAREFUL.
PUTTING TO ANY LIMITATIONS ON
THE ABILITY RECOVER SEEK THE
HELP THAT'S NECESSARY AND AND
MOVE FORWARD WITH SOMEONE'S%
LIVES SO FROM MY STANDPOINT.
I THINK THIS BILL IS WORTHY OF
MOVING FORWARD I CERTAINLY DO
HOPE WE MOVE THIS FORWARD TO
LIVE CONVERSATIONS I KNOW YOU'RE
WILLING TO WORK WITH AND AND
TALK WITH SOME BALANCE BUT. FROM
THIS COMMITTEE STANDPOINT I
THINK YOU'VE SATISFIED WHAT WE
WOULD BE CONCERNED ABOUT AND I
APPRECIATE THAT YOU'RE
CONTINUING TO LOOK OUT FOR THESE
VICTIMS ACROSS OUR SYSTEM.
OTHER QUESTIONS.
COVENS.
MISTER HOLDEN.
WE DO HAVE A MOTION BY MISTER
CHOOSE THEIR SECONDS.
AND THE SECOND THANK YOU.
BUT I LOOK.
OKAY MISTER HOLD ITS FIRST AS
WEBER. NOTES OKAY IT'S IT'S A
QUICK QUESTION I KNOW THAT.
OF ONE OF THE WITNESSES TALKED
ABOUT THE BURDEN BILL AND HOW.
REOPENING THE STATUTE OF
LIMITATIONS.
APPLIED TO PRIVATE INSTITUTIONS
BUT YOUR BILL.
ALSO INCLUDES PUBLIC AS WELL AS
PRIDE.
LOOK I THINK ONE OF THE THINGS
WE'VE LEARNED.
PROBABLY OVER I DON'T THINK THE
LAST YEAR MAYBE THE LAST SIX
MONTHS.
IS THAT PUBLIC INSTITUTIONS HAVE
BEEN AS BAD IF NOT WORSE ACTORS
THAN PRIVATE INSTITUTIONS WHEN
IT COMES TO ISSUES.
REGARDING SEXUAL HARASSMENT
SEXUAL ASSAULT AND YES OUR OUR
OUR CHILDREN.
AND I THINK.
TO SHIELD OURSELVES SIMPLY
BECAUSE IT IS A PUBLIC
INSTITUTION IS ALLY
BANKRUPT QUITE FRANKLY AND TO
SAY THAT YOU KNOW I'M. IN THE
SAME WAY THAT A PRIVATE EMPLOYER
IF AN EMPLOYER WAS NEGLIGENT AND
ALLOWED ABUSE TO CONTINUE TO
HAPPEN THIS HAPPEN IN A SCHOOL
IN SAN DIEGO.
I'M SURE IT'S HAPPENED ITS
MOTHER SCHOOLS THERE SHOULD
STILL BE REQUEST THAT VICTIM IS
NO LESS VICTIMIZED.
BECAUSE THE.
HARASSER OR THE ASSAULT HER ON
WHAT SOMEBODY WHO WORK FOR A
PUBLIC AGENCY SO I THINK AND
GIVEN QUITE FRANKLY THE
GOVERNOR'S VETO OF.
THE LAST ITERATION OF KIND OF
THIS.
THIS MOVING AROUND THE STATUE
BILL.
WHERE WHERE HE EXPRESSED
CONCERN?
THAT WERE WERE NOT INCLUDING
OUR THAT WE WERE.
POINTING ONLY TO PRIVATE
EMPLOYERS I THINK IT'S SOMETHING
WE HAVE COME TO TERMS WITH MY TO
BE EXPENSIVE IT MIGHT BE. BUT
WHEN IT COMES TO THE HEALTH AND
WELFARE OF OUR CHILDREN IF IT
COMES TO ACTUALLY PREVENTING
THIS IN THE FUTURE IF PUBLIC
AGENCIES KNOW THAT FOR EVER.
THAT THEY WILL BE.
IMMUNE TO TO BEING HELD
RESPONSIBLE FOR THIS TYPE OF
LOOKING THE OTHER WAY AND I'M
SORRY IT'S IT'S UNFORTUNATE BUT
WHEN PRINCIPALS AND SCHOOL
DISTRICTS CONTINUE TO DO THAT.
WE PROVIDED NO NO REAL
INCENTIVE TO STOP THIS ACTION IF
WE'RE SERIOUS ABOUT PROTECTING
CHILDREN I THINK THAT WE OPEN
THIS UP TO EVERYBODY.
THANK YOU.
IF YOU.
THIS WEBER YES I DIDN'T GET THE
LETTER FROM THE ACLU SO COULD
SOMEONE TELL ME WHAT THE
OPPOSITION WHAT. WE FEEL YOU MY
UNDERSTANDING IS.
THAT AND SHE CAN COME SPEAK UP
BUT IT WAS THE OPEN ENDED NATURE
OF THE STATE OF HAVING NO
STATUTE OF LIMITATIONS UP AND
THAT'S SOMETHING THAT A FEW OF
YOU I I HAVE. TALKED TO OUT MORE
WILLING TO WORK ON.
IT BEING OBVIOUSLY THERE'S SOME
POSSIBLE NOT SHARED WITH A FEW
OF THE POSSIBLE AMENDMENTS NEXT
COMMITTEE ON TO HAVING NO
STATUTE OF LIMITATIONS BUT SHE
CAN SPEAK.
SO IT WAS INTRODUCED TO THE
COULD BE BIRTHPLACE YA I I THINK
THAT THAT FROM OUR PERSPECTIVE
THE BOTH THE LIMIT COMPLETE
ELIMINATION OF THE STATUTE OF
LIMITATIONS AND THEN. ALSO THE
ELIMINATION OF SOME OF THE OTHER
PROTECTIONS THAT ARE IN THE LONG
NOW WHEN PEOPLE DO BRING THE
DELAYED DISCOVERY CASES.
IT ASKING THE COURT TO I DO AN
INITIAL FINDING OF MERIT AND
KEEPING THE PERSON THE
DEFENDANT'S NAME.
FROM FROM BEING REVEALED UNTIL
THERE'S BEEN SOME SHELLING OF
CORROBORATIVE EVIDENCE WE THINK
THOSE ARE IMPORTANT.
DUE PROCESS SAFEGUARDS FOR
PEOPLE WHO MAY BE FALSELY
ACCUSED.
I DO LIKE YOU MACABRE KNOW THE
QUESTION WAS FOR THAT YEAH YOU
KNOW THERE'S A COMMITMENT TO
CONTINUE TO WORK ON THAT BECAUSE
I WAS ONE OF THE CONCERNS I HAD
I DON'T KNOW HOW LONG. IT COULD
BE AND IF THERE ARE FOLKS WHO
DON'T REMEMBER AND ALL KINDS OF
THINGS MUCH LATER ON I COULD SEE
IT BECOMING QUITE A ISSUE.
YEAH OKAY THANK YOU. BUT YOU'RE
WORKING ON THOSE THREATS ACCOUNT
SORRY IS WEBER OKAY ISRAEL.
I DO WANT TO GO BACK TO THE
BURDEN.
BILL THAT.
STEP THAT STATUTE LIMITATIONS
SOME I KNOW THAT.
THERE WERE EMPLOYERS
SPECIFICALLY CHURCHES.
WHO RESOLVED A NUMBER OF
DISPUTES THERE?
THE THE SPECIFIC ISSUE OF.
COVER UP WITHOUT A DOUBT NEEDS
TO BE INCLUDED.
I I I HOPE THOUGH THAT THE.
WHEN WE DEAL WITH EMPLOYERS AND
OF THE THE OPEN ENDED ASPECT OF
THIS.
THAT THERE WERE SOME CONTINUE
DISCUSSION WITH EMPLOYERS
SPECIFICALLY THAT THAT IS ONE
THING AND THEN I ALSO HAD THE
CONCERNED WITH THE ACLU TO TO
SEE THEIR OPPOSITION TO THIS.
WAS SURPRISING TO ME.
SO CLEARLY ANOTHER ENTITY THAT.
SO THAT.
AND IT WASN'T WRITING TO ME TOO
BUT I'M WILLING OBVIOUSLY TO
WORK ON THEIR CONCERNS IT I'M
AYE AYE.
I THINK THAT SOMETHING ALONG
WITH WHAT WE'VE DISCUSSED ABOUT
MOVING FORWARD VERY I REITERATE
MY.
.
MY COMMITMENT TO VICTIMS TO NOT
NEGOTIATE WITH ARE VICTIMIZERS
BUT I THINK.
THERE ARE A LOT OF OTHER PEOPLE
WE CAN HAVE DISCUSSIONS WITH.
TO TO PUT.
SOME CONSTRAINTS ON THE SPELL TO
MAKE PEOPLE FEEL MORE
COMFORTABLE.
IS TO MAINTAIN.
THANK YOU MISTER CHAIR.
A FEW THINGS OUT FIRST THAT AND
THINK THIS IMPORTANT BILL I
THINK YOU FOR BRINGING AT MISS
GONZALEZ FLETCHER.
JUST A COUPLE THINGS IN IT AND
WE TALKED ABOUT THIS THAT AT A
SEVERAL TIMES. AND I APPRECIATE
YOUR COMMITMENT TO WORKING ON
THESE I THINK THIS IS IMPORTANT
I THINK IT'S BALANCING SOME
COMPLICATED ISSUES THESE DUE
PROCESS ISSUES.
WITH AN OBVIOUS NEED AT THAT
THE REALITY IN THESE SITUATIONS
IS THAT.
THAT THERE ARE VERY REAL MEMORY
ISSUES THESE DON'T. IT'S NOT A
TYPICAL CASE WHERE YOU HAVE AN
ACT.
THAT OCCURS.
YOU'RE ROBBING A BANK OR
SOMETHING THERE'S A PHYSICAL ACT
THAT OCCURS AND THEN YOU HAVE A
CERTAIN LENGTH OF TIME THE
PROSECUTION WANT FIRST HAS
CERTAINLY THAT TIME WITHIN WHICH
TO BRING THAT SUIT. THIS THIS IS
DIFFERENT BECAUSE PEOPLE MAY NOT
REMEMBER WHAT HAPPENED UNTIL
MANY MANY YEARS LATER.
IN IT AND YOU KNOW WHAT THAT
PRECISE YEAR IS IS PROBABLY
SPECULATIVE TO SOME EXTENT.
BUT IT CERTAINLY IS BEYOND.
CHILD THAT IT CERTAINLY BEYOND
YOUNG ADULTHOOD.
AND SO I I I THINK THAT I.
IN JUST TO CONFIRM I THINK
YOU'RE GONNA WORK ON THESE TO
THE KIND OF THIS DUE PROCESS
BALANCE AT SOME OF THE ISSUES
THAT THE ACLU BROUGHT.
.
RE OPENING PASSED CLAIMS YOU
KNOW WHAT WHAT WHAT'S THE.
THE.
HOW DO YOU BALANCE SORT OF THIS?
RESOLUTION THAT A HUGE
PERCENTAGE OF THESE HAVE BEEN.
RESOLVED AND MOVED ON WITH
MEMORY ISSUES CA AYE AYE AYE
SOME TO AND I SEE THE NODDING
THAT YOU'RE GONNA CONTINUE TO
WORK ON THAT. AND ALSO TO
SOMETHING THAT.
.
MAYBE COULD COMMENT ON ITS IS
AND I THINK AND IT YOU MAY FORTY
DOWN THIS THE THAT THAT ISSUE OF
STATE LICENSING. YET WANT TO
COMMENT ON THAT WE'RE GOING TO
FIX THAT WE HAD A DISCUSSION
ABOUT THIS YESTERDAY SO WHERE
WHERE WE'RE GONNA FIX THAT IS AS
WELL AS.
I AM VERY GOOD THEN I I THINK
THIS IMPORTANT THINK IT'S
COMPLICATED I'M GLAD YOU'RE
GONNA CONTINUE TO WORK ON IT BUT
I THINK IT'S SOMETHING THAT.
THAT SHOULD MOVE OUT OF THIS
COMMITTEE SUB SUPPORT IT TODAY
THANK YOU.
THANK YOU WAS GOING TO HAVE.
THANK YOU MISTER CHAIR.
I AM SORT OF OF THE MINDSET.
.
THAT THE WITNESS EXPRESSED.
WITH RESPECT TO THE ACTUAL
PERPETRATOR OF THESE HEINOUS
ACTS.
I I I PERCENT NO PROBLEM WITH
COMPLETELY WAVING THE STATS
LIMITATION.
HOWEVER IT OCCURS TO ME THAT.
THE PERPETRATORS OFTEN.
DO NOT HAVE ASSETS.
SO.
I SEE THE NEED FOR POTENTIALLY
LOOKING AT OTHER SOURCES.
THE EMPLOYER WHERE THE EMPLOYER
HAD KNOWLEDGE.
OR CONSTRUCTIVE KNOWLEDGE.
.
I AM CONCERNED THOUGH ABOUT.
THE EFFECT OF THIS IF WE
COMPLETELY OPEN UP.
ALL PAST CLIENTS WITH NO STATUTE
FOR EMPLOYERS.
OUT WILL THE EFFECT OF THAT ON
ENSURE ABILITY.
.
SO I WAS WONDERING IF IT AUTHOR
OR OR THE WITNESS COULD EXPOUND
ON THAT A LITTLE BIT I MEAN.
WHAT IT IS OF PERSON IF YOU
DON'T HAVE THE?
ANY SUCH LIMITATIONS.
.
IT'S HARD TO QUANTIFY RISK THAT.
BECAUSE YOU DON'T KNOW HOW FAR
BACK THE CLAIMS MIGHT GO AND
THEN. I'D I DON'T WANNA BE IN A
SITUATION WHERE WE'RE TRYING.
TO HELP THESE VICTIMS.
I WHICH REQUIRES SOME.
LIKE BETTER TERM. INTO THE WITH
ASSETS TO BE ABLE TO.
PAGE JUDGMENTS AND SETTLEMENTS
I BUT THEN THOSE ENTITIES ARE
GOING TO HAVE TROUBLE
PROSPECTIVELY.
GETTING INSURANCE THEY NEED.
TO TO BE ABLE TO.
TO TO FUND THE SETTLEMENTS AND
JUDGMENTS.
SO.
A FEW THINGS ON THAT FIRST I
WANNA BE CLEAR THAT AN EMPLOYER
HAS TO AT LEAST HAVE BEEN
NEGLIGENT RIGHT AND WHAT AND ONE
OF THE STRUGGLES.
AS WE MOVE FORWARD IN PAST
CLAIMS IS.
EVEN CONSTRUCTIVE KNOWLEDGE AS
HARD TO RECREATE RIGHT BUT
NEGLIGENCE ADAM.
I THINK IS THAT IT'S A AS. A
STANDARD THAT.
.
IT'S FAIR IN THIS SITUATION.
I HAVE A ARE YOU COMMITTED TO A
NUMBER OF YOU AND.
.
AND WORKING WITH THE VICTIMS TO
CHIP PROVIDE.
MATURITY
SO THAT IT WON'T BE OPEN ENDED
AND WERE WILLING TO MAKE THOSE
AMENDMENTS NEXT COMMITTEE I
DON'T WANNA CONFUSE IT TOO MUCH
BECAUSE THE BILL WAS ANALYZED
WITH NOTHING BUT. I WILL TELL
YOU. I'M ASKING TODAY FOR A VOTE
IN SUPPORT OF THESE VICTIMS.
WITH THE ASSURANCE THAT WE ARE
GOING TO.
.
PROVIDE CERTAINTY AS FAR AS.
.
HOW?
HOW LONG PEOPLE HAVE TO LOOK
BACK AND AND HOWL ALUM AT WHAT
POINT ARE THEY BARRED FROM
STATURE MEDITATIONS BOTH OF
THOSE WILL BE ADDRESSED?
AT BUT I THINK IT'S STILL
IMPORTANT TO.
.
TO SHOW SUPPORT FOR THESE
VICTIMS AND ENSURING THAT.
.
THAT.
THE OPPONENTS KNOW THAT THEIR
SUPPORT FOR THESE VICTIMS IN
THIS IDEA SO AM I I CAN JUST
TELL YOU THAT AYE WELL I'M
WORKING ON THOSE A LOT OF YOU
HAVE SEEN ON MY. POTENTIAL
AMENDMENTS WHICH I I CAN STATE
BUT I DON'T WANT TO CONFUSE THE
SITUATION SINCE WE'RE NOT
HEARING THOSE AMENDMENTS TODAY I
I'D BE TAKING THEM ON MY OWN
COMMITTEE. AND THAT'S TO ADAM
OPEN UP THE LOOK BACK PERIOD FOR
THREE YEARS.
SO THE BERT BELL HAD A YEAR.
WE KNOW THAT A LOT OF PEOPLE
MISSED OUT ON THAT FOR VARIETY
OF REASONS AND.
IF THAT'S WHAT AT GET REOPEN IT
FOR THREE YEARS.
ON THE LOOK BACK PERIOD AND
WOULD PROVIDE OUT WHAT EXTEND
WHAT IT IS NOW EIGHT TWENTY SIX
THE YET TO BE TWENTY SIX YEARS
OLD THAT WOULD EXTEND AT FORTY
WHICH SEEMS REASONABLE BECAUSE
THAT'S WHAT WE HAVE. IN.
CRIMINAL LAW.
SO INSTEAD OF TWENTY SIX AND
THOSE OF US WHO AROUND THAT KIND
OF TWENTY YEAR OLDS I KNOW THAT.
COMING TO TERMS WITH
TRAUMA IN YOUR EARLY CHILDHOOD
IN YOUR MID TWENTIES DOESN'T
SEEM LIKE YOUR.
NECESSARILY AT THAT POINT FORTY
I THINK EXTENDS AT.
TO A POINT WHERE PEOPLE HAVE
GROWN UP.
AND EXTENDS THE THE PERIOD BY
WHICH
ONCE DISCOVERED.
IF IT'S AFTER FORTY EIGHT FROM
THREE YEARS TO FIVE BECAUSE WE
THOUGHT THREE YEARS WAS VERY.
LIMIT TINA WE TALKED A NUMBER
OF VICTIMS WHO IF YOU REALLY
THINK THRILLED.
.
THE WHAT THE PSYCHIATRISTS AND
REALIZING WHAT HAPPENED THE
DAMAGE THAT IT'S DONE AND MAYBE
YOUR. YOUR MARRIAGE IS FALLING
APART OVER AT OUR.
THINGS ARE GOING ASTRAY WITH
YOUR KIDS OR WHATEVER IS
HAPPENING YOU STILL HAVE TO COME
TO TERMS WITH TELLING YOUR
FAMILY.
IN THAT INSTANCE OF THE CHURCH
TELLING YOUR COMMUNITY YOUR
CHURCH WHAT HAPPENED MAKING THE
DECISION TO FILE A LAWSUIT AND
I'M THREE YEARS ALTHOUGH IT
SEEMS LIKE A LONG PERIOD TIME IT
IS NOT AYE I THINK IS.
.
PROBABLY NOT THAT LONG FOR
VICTIM WHO'S DEALING WITH ALL
OF.
EVERYTHING FROM EMOTIONAL TO TO.
FAMILY SITUATIONS TO COMMUNITY
SITUATIONS TO UNDERSTANDING
THEIR LEGAL RIGHTS THEIR LEGAL
I'M POSSIBILITIES SO THAT WOULD.
TURN THIS BILL NO LONGER INTO
AN OPEN ENDED.
NO STATUE OF LIMITATIONS BUT OF
COURSE IT HASN'T BEEN.
ANALYZED AND I DON'T WANT TO
YOU KNOW WE TALK THAT TALK TO
THE CHAIRMAN OF TALK TO A NUMBER
OF MEMBERS OF THE COMMITTEE. I
WON AT LEAST GIVE YOU OUT OF
THOSE COMMITMENTS AS WE MOVE
FORWARD AND HOPE THAT YOU CAN
SUPPORT IT KNOWING THAT I'M I'M
GOING TO BE DOING THAT.
COULD I ASK THE MINISTER OR
WOULD TO RESPOND ON THE INSURER
GUILTY. ON THE RETRO ACTIVE IF
YOU I'M JUST WHAT KIND OF THING.
CLAIM IT'S TODAY UNDER THE
CURRENT STATUTE LIMITATIONS
RIGHT NOW.
ARE STILL ELIGIBLE TO BRING
ACTIONS AGAINST THE EMPLOYER.
ON ABUSIVE OCCURRED IN THE
EIGHTIES.
THE NINETIES.
NOW THE RETROACTIVITY.
HERE NOW GOES BACK TO CASES
UNDER FIFTY SIXTY SEVENTY YEARS
OLD. THAT'S PROBLEMATIC
INSURANCE STANDPOINT BECAUSE
FRANKLY YOU'RE JUST CHANGING THE
CONTRACT.
HELP THE CONTRACT EXPIRED NOW
DO YOU HAVE A THE LEGISLATURE'S
OPEN THAT CONTRACT AND SPECIALLY
IN THE SITUATION WE'RE NOW. IN A
NUMBER OF CASES FOR PRIVATE
ENTITIES THIS WOULD BE THE THIRD
TIME AND SO COMPANIES THAT
COVERED THE ORIGINAL STATUTE
BABY COVERED WERE INVOLVED IN.
CASES.
DURING THE BURDEN BILL WOULD BE
VERY DIFFICULT NOW TO LOOK AT
OTHERS AND THAT'S PRIVATE
EMPLOYERS IT DOESN'T TO HOME.
IT'S BONTA PUBLIX YOU HAVEN'T
BEEN THERE. THE DEPTH OF THAT
DIFFICULT OF THE FINAL COMMENT I
JUST WONDER.
GIVEN THE COMMENTS OF THE AUTHOR
AND THE QUESTION MISTER HOLDEN
WITH REGARD. TO GO BACK AND I
JUST WANT YOU ANSWER CLERK THAT
WAS PRESENT THANK YOU.
OTHER QUESTIONS COMMENTS FROM
COMMITTEE MEMBERS.
THANK YOU FOR SOME INEXPLICABLE
REASON THAT THE MEAN CHAIR OF
THE APPROPRIATIONS COMMITTEE IS
CALLED THE SENATE COMMITTEE.
SO THE MOTION THAT WE'RE LOOKING
FOR IS DO PASS AS AMENDED TO
APPROPRIATIONS.
SOME OF.
OKAY I WE DO HAVE WE DO HAVE A
MOTION AND A SECOND IT'S GOING
TO CLARIFY THAT IT WILL BE GOING
TO.
APPROPRIATIONS WHO KNOWS WHAT'LL
HAPPEN TO IT THERE HELL.
OTHER QUESTIONS COMMENTS FROM
COMMITTEE MEMBERS.
IS GONZALEZ FLETCHER YOU MAKE.
I JUST WANNA THANK ALL THE
MEMBERS OF THE COMMITTEE THAT
I'VE HAD ON THESE CONVERSATIONS
WITH OVER THE PAST FEW DAYS.
I THINK ALL OF US UNDERSTAND.
AND WHEN YOU TALK TO VICTIMS
IT'S.
SIMPLY HEARTBREAKING.
.
FOR FOR PEOPLE OF VICTIMS OF
CHILDHOOD SEXUAL ASSAULT
WHO THESE ARE PEOPLE IT IT'S NOT
JUST THE. KIDS WERE SALTED AND
VIOLATED.
BUT MOST OF THE TIME BY SOMEBODY
THAT THEY TRUSTED AND SOMEBODY
THAT
TOLD US TO TRUST THEM.
WITH OUR KIDS.
AND THIS IDEA THAT WITH ALL THAT
TRAUMA IN EVERYTHING THEY HAVE
TO GO THROUGH WHEN WHEN THAT
COMES OUT WHENEVER THAT COMES
OUT.
AND AND TO REALIZE THAT.
THAT WE SAID IN THIS ROOM AND.
NEGOTIATE WITH THE PEOPLE WHO
VICTIMIZE THEM. ABOUT YOU KNOW
WHETHER THEY SHOULD BE READY
WITHIN A YEAR TO FILE SOMETHING.
I'M.
IT'S HEARTBREAKING IT'S A LITTLE
SICKENING TO BE HONEST
AND SO I I JUST HOPE.
AND I'M GRATEFUL FOR THE
CONVERSATIONS WE HAVE I HOPE WE
CAN STAND WITH VICTIMS. IN A
WAY.
THAT TRULY COURAGE I HEARD A
LOT ABOUT WHAT WE WANT PEOPLE TO
BE GOOD ACTORS IN EDUCATION AND
WE FINGERPRINT AND AND AND TRAIN
PEOPLE I GUARANTEE YOU IF YOU
HOLD PEOPLE LIABLE THAT THOSE.
INSTITUTIONS ARE COMING MUCH
MORE LIKE MORE MUCH MORE.
DETECTIVE OF OUR CHILDREN IF WE
SHOW THAT THERE'S A CONSEQUENCE.
TO NOT PROTECTING OUR CHILDREN.
THAT'S HOW WE'RE GOING TO
PROTECT THE NEXT GENERATION OF.
I PLEAD NOT.
SO I RESPECTFULLY ASK
RETIREMENT.
THANK YOU.
KALRA PLEASE STONE BY STONE AYE
CUNNINGHAM.
CHAO.
CHU BY TO AYE WEBER AYE WEBER
AYE HOLDEN.
HOLDEN I KALRA. KALRA AYE KILEY
MAIENSCHEIN. MAIENSCHEIN AYE
REYES. REYES AYE.
THE BILL IS OUT AND JIM.
ALRIGHT. ELECT THAT EASY ONE BY.
IN PARIS AND.
SO GIVE US AB THIRTY EIGHTEEN
THIRTY EIGHTY OKAY THAT IS OUR
ITEM NUMBER EIGHTEEN A. B.
THIRTY EIGHT.
THE BILL.
THERE IS A MOTION AND A SECOND
THANK YOU I THINK IF YOU PASSED
TO PROCREATION THANK YOU THERE'S
A COUPLE THINGS I JUST BRIEFLY I
I WANT TO THANK YOU THIS IS IN
PART BILL I KNOW A LOT OF US
HAVE WORKED ON.
THE ISSUES OF ARBITRATION AS A
CONDITION OF EMPLOYMENT THE PAST
THAT THE OF COURSE WOULD PREVENT
THAT.
IN PARTICULAR WE HAVE. SOME
VERY SPECIAL WITNESSES HERE
TODAY I'M IN A IN A
UNPRECEDENTED MOVE ON THE
SPEAKER OF THE ASSEMBLY HAS. A
YET AT THE PROMISE WE HAVE NDA
SO WE DON'T HAVE A LOT OF.
VICTIMS IF YOU WILL OF OF THESE
REQUIREMENTS AND THAT CAN COME
FORWARD AND TESTIFY AND I'M WITH
WORK WITH AS CHAIR. AND ON THE
SPEAKER WE WERE ABLE TO HAVE FOR
THE FIRST TIME I THINK AND
DECADES ISSUE A SUBPOENA.
SO THAT WE CAN ACTUALLY HEAR
FROM WORKERS TO FACED THIS ISSUE
OF FORCED ARBITRATION.
AS A CONDITION OF EMPLOYMENT
AND SO I THINK YOU THAT NOW
TURNOUT OVER AT WITH THAT. AND
TO SPEAK.
WITH ME TODAY.
IT'S VERY CAITLIN. SO FIRST
WITNESS PLEASE.
MR CHEN MEMBERS CAITLIN VEGA FOR
THE CALIFORNIA LABOR FEDERATION
WHERE THE SPONSORS OF THE SPELL.
I'M I'M VERY PLEASED TO SAY THAT
THANKS TO THIS COMMITTEE I'M AND
OUR AUTHOR AND THE SPEAKER'S
OFFICE WE'RE ABLE TO HEAR FROM
I'M TARA ZOOMER WHO IS I COME TO
TELL HER STORY IN SUPPORT OF THE
BILL.
THANK YOU SEVEN IS THAT WE ARE
UNDER SUBPOENA.
TO THIS COMMITTEE. AGAIN THANK
YOU TO THIS THE SPEAKER SO WE
ARE WELCOME TO TEST. THANK YOU.
I MEAN THE ONLY REASON I AM ABLE
TO SPEAK WITH YOU TODAY IS BY
THE GRACE OF THE SUBPOENA.
AND WITHOUT IT I RISK BEING
SUED FOR TELLING YOU THE TRUTH
OF MY EXPERIENCE I WHICH IS A
RISK I'M WILLING TO TAKE. TO
HELP MY FELLOW CITIZENS.
AS THE ISSUE OF ARBITRATION
STANCE TODAY WE CITIZENS ARE
LOSING OUR RIGHTS IN JUSTICE
OUGHT TO JUSTICE IN FAVOR. OF A
PRIVATIZED AND SILENCING LEGAL
SYSTEM.
ARBITRATION SHOULD NEVER BE A
FORCED REQUIREMENT OF YOUR
EMPLOYMENT YET MY STORY IS ONE
OF COUNTLESS OTHERS.
IN MARCH OF TWENTY FIFTEEN I WAS
HIRED BY WE WORK WHICH ISN'T
OFFICE LEASING START UP THAT'S
VALUED AT TWENTY BILLION
DOLLARS.
WELL MY TITLE IS VAGUE MY SALARY
LOW I WAS EXCITED TO BE PART OF
A GROWING COMPANY.
BUT AT THE TIME I DIDN'T REALIZE
THAT THE RAPID GROWTH WAS DUE TO
AN EXPLOITED AND OVERWORKED
LABOR FORCE.
I NOTICE MYSELF OF MY YOUNG CO
WORKERS WORKING AN EXTRA TEN TO
THIRTY HOURS A WEEK. DOING
MENIAL LABOR TASKS LIKE CHANGING
TAGS.
AND RETRIEVING MAIL.
EARLY ON I REPORTED ISSUES OF
WORK RELATED STRESS AND UNDER
STAFFING BUT I WAS MET WITH THE
COMMENT SILICON VALLEY ANSWER.
WHERE STARTUP WHERE FIGURING THE
THINGS OUT?
I WAS BARELY LIVING PAYCHECK TO
PAYCHECK AND BEGAN TO BUILD A
CASE FOR OUR MISS CLASSIFICATION
AS SALARY EXEMPT WORKERS.
I HOPE THAT WE WOULD HAVE HAD A
COLLECTIVE CHANCE TO FIGHT FOR
FAIR WAGES AND WORKING
CONDITIONS.
WHEN MY MANAGER FOUND OUT SHE
TOLD ME TO STOP TALKING OTHER
EMPLOYEES ABOUT THEIR RIGHTS
BECAUSE THEIR PATH IS THEIR PATH
THAT I SHOULD LET THEM DISCOVER
ON THEIR OWN.
SHE SAID MY DISCUSSIONS ABOUT
WAGES WERE NEGATIVE TO THE
WORKPLACE AND ASKED IF I WANTED
TO RESIGN.
A FEW WEEKS LATER MANAGERS FROM
HR LEGAL SURPRISE EACH OFFICE
REQUIRING ALL EMPLOYEES TO SIGN
NEW CONTRACTS.
A CONFERENCE ROOM WAS SET UP
WITH MANAGERS A STACK OF PAPERS
ONE EMPTY CHAIR AND A PAN.
WHEN I WAS CALLED INTO THE ROOM
OVER FIFTY PAGES WERE PLACED IN
FRONT OF ME INCLUDING A NINE
PAGE ARBITRATION AGREEMENT WHICH
THEY TITLED. AN EMPLOYEE DISPUTE
RESOLUTION PROGRAM.
I WAS TOLD THESE DOCUMENTS WERE
STANDARD FROM MY EMPLOYMENT.
AS I FEARED THE NEW DOCUMENTS
INCLUDED AN ARBITRATION
AGREEMENT WHICH WAIVED MY RIGHTS
TO A TRIAL BY JURY. AND CLASS
ACTION CLAIMS.
WHEN ASKED WHAT WOULD HAPPEN IF
I REFUSE TO SIGN I WAS TOLD THAT
MY CONTINUED EMPLOYMENT
CONSTITUTED ACCEPTANCE OF THE
NEW AGREEMENT.
WHEN I REFUSED.
WELL I ASKED WHY THE COMPANY
EVEN ASKED FOR SIGNATURES IF WE
REALLY HAD NO CHOICE TO BEGIN
WITH.
I REFUSE TO SIGN A NEW
AGREEMENT SUCH STRIP ME OF MY
RIGHTS AND I WAS TERMINATED.
AND ONE DAY I WATCHED THE
COMPANY TAKE AWAY PEOPLE'S
RIGHTS TO FIGHT IN THEIR OWN
COURTS AND AS A COLLECTIVE UNIT.
I AM HERE TODAY AS PROOF OF THE
TRUE NATURE AND DANGER OF THESE
AGREEMENTS.
IF THESE ARE TO BE TRUE
VOLUNTARY AGREEMENTS WORKERS
NEED YOUR HELP PROTECTING NOT
CHOICE.
WE SHOULD NOT HAVE TO FEAR
LOSING OUR JOBS AND OUR RIGHTS.
IF LEFT UNCHECKED MILLIONS OF
HARD WORKING AMERICANS IN EVERY
INDUSTRY WILL BE SILENCE AT
UNABLE TO SEEK TRUE JUSTICE.
AS REBECCA SOLNIT SAYS SILENCE
PROTECTS VIOLENCE.
I DOUBT THAT EACH OF YOU TODAY
CONSIDER WHAT IT IS WE ARE
PROTECTING BEEN FAVORING PRIVATE
ARBITRATION OVER WORKERS RIGHTS.
THANK YOU.
THAT'S WHAT DISPLAY THANK YOU
VERY MUCH. MY NAME IS CLIFF
PALEVSKY APPEARING ON BEHALF OF
THE CONSUMER ATTORNEYS IN THE
CALIFORNIA PLAN ATTORNEYS.
A I WANT TO OF.
SPEAK TO THE LEGAL.
PROPOSITION AND THE NATURE OF
THIS BILL WHICH I THINK IT'S
BEEN VERY MISS CHARACTERIZE
FIRST OF ALL IT DOES NOT APPLY.
TO ALL CLAIMS.
AS A CONDITION OF EMPLOYMENT IT
WOULD NOT APPLY TO FRAUD CLAIMS
OR CONTRACT CLAIMS OR TORT
CLAIMS.
OR WRONGFUL TERMINATION CLAIMS
OR JUST BECAUSE CLAIMS WERE
TALKING ABOUT IT APPLY TO.
PUBLIC LAW CLAIMS YOUR LAWS
THE LAWS THAT YOU PASS.
BUT THAT IT'S IMPORTANT TO
ENFORCE.
THE ONE PHRASE AT THE U. S.
SUPREME COURT REPEATS OVER AND
OVER HIS ARBITRATION IS A MATTER
OF CONSENT. AND NOT COERCION.
THE CALIFORNIA SUPREME COURT
I'VE ARGUED SEVEN CASES
ARBITRATION CASE TO THE
CALIFORNIA SUPREME.
BASED TO SAY ARBITRATE THE
BEDROCK JUSTIFICATION FOR
ARBITRATIONS VOLUNTARINESS.
THE REASON THAT THIS BILL THIS
NARROW BILL IS NOT PREEMPTED.
IT IS IT IS VERY SIMPLE
IT DOES NOT INVALIDATE.
FLORA VOID ANY ARBITRATION
AGREEMENT
PERIOD.
IT DOES NOT PROHIBIT ARBITRATION
OF ANY KIND OF CASE.
IT PERMITS PRE DISPUTE
AGREEMENTS
IT PERMITS
POSTED SPEWED AGREEMENTS.
A
THAT THERE'S NEVER BEEN.
TO MY KNOWLEDGE.
IN ARBITRATION DECISION FROM THE
UNITED STATES SUPREME COURT.
THAT APPLIED IN A SITUATION
WHERE THERE WAS NO ARBITRATION
AGREEMENT EVERY SINGLE
PREEMPTION CASE.
COMES UP IN THE CONTEXT OF
SOMEONE SIGNED THAT AGREEMENT
AND THE COURTS SAYING SHOULD BE
HALTED TO IT.
SO THERE IS NO PREEMPTION ISSUE
HERE BECAUSE OUR FOCUS IS TO
JUST SIMPLY INSURE THAT THE
CREATION OF THE CONTRACT HAS
SOME MINIMAL. LEVEL OF
VOLUNTARINESS WERE CONSENT.
THE.
ANOTHER IMPORTANT FACTOR IS THAT
UNLIKE IN THE CONSUMER CONTEXT.
THE FAA DOES NOT.
PREEMPT OR EVEN APPLY TO ALL
WORKERS
THE UNITED STATES SUPREME COURT
IN THE CASE THAT WE WERE UPON A
IN IN IN THE YEAR TWO THOUSAND.
EXAMS TENS OF THOUSANDS OR
PERHAPS HUNDREDS OF THOUSANDS OF
CALIFORNIA WORKERS IN THE
TRANSPORTATION INDUSTRY IN THE
MARITIME INDUSTRY WORKING ON
RAILROADS SO CALIFORNIA HAS A
VERY STRONG INTEREST IN SETTING
ITS OWN LAWS AND ITS OWN
POLICIES.
IN AND IT'S VERY IMPORTANT TO
DO THAT.
IN NY ANALYSIS AT YOUR STAFF DO
VERY GOOD ANALYSIS YOUR STAFF
PROVIDED THEY TALKED ABOUT THE
RIGHTS AND REMEDIES THAT ARE
AVAILABLE TO THE LABOR
COMMISSION.
WHICH IS AN EXTRAORDINARY.
CONSTITUTIONALLY ESTABLISHED
ADMINISTRATOR FOR AND TO HELP
WORKERS TO GO LIMIT EIGHT CLAIMS
TO RESOLVE CLAIMS.
RIGHT NOW IF YOU EMPLOYER
REQUIRES YOU TO SIGN ARBITRATION
AGREEMENT YOU CAN'T GO TO THE
LABOR COMMISSION.
THEY CAN'T ADJUDICATE YOUR CLAIM
ANYMORE.
AND THE DOORS OF THE FAIR
EMPLOYMENT HOUSING COMMISSION.
CAN BE SHOT BY THE EMPLOYER THEN
YOU NEED TO THINK ABOUT THAT FOR
A SECOND YOU'VE SET UP THESE
EXTRAORDINARY LAWS AND PROCESS
SEIZE.
ACROSS THE REGULATION WAS
NECESSARY AND EUROPE. WE CAN'T
ALLOW. THE PARTY BEING REGULATED
TO SAY YOU CAN'T ENTER INTO THIS
RELATIONSHIP.
WITHOUT WAIVING THOSE RIGHTS.
JUST SO THAT YOU KNOW HOW
EFFECTIVE THIS CAN BE.
THE SECURITIES INDUSTRY HAS EVER
SINCE NINETEEN NINETY NINE HAS
NOT REQUIRED ARBITRATION OF
STATUTORY DISCRIMINATION CAN.
IT MADE A WORLD OF DIFFERENCE IN
THE CLIMATE IN THE SEX
HARASSMENT CLIMATE IN THE
DISCRIMINATION CLIMATE.
PRESIDENT OBAMA.
SIGNED AN EXECUTIVE ORDER
PROHIBITING GOVERNMENT CONTRACTS
FROM ANY EMPLOYER WHO REQUIRE
ARBITRATION OF DISCRIMINATION OR
SEX HARASSMENT SEXUAL ASSAULT
CASES.
THIS IS A MAINSTREAM ISSUE.
WHETHER YOU SAY ME TOO IS HERE
OR ENOUGH IS ENOUGH WE HAVE FOR
TOO LONG. ENABLED.
SEX HARASSMENT SENT VICTIMS OF
HARASSMENT TO SECRET TRIBUNALS
WITH NO RIGHT OF APPEAL.
THE PUBLIC NEEDS THIS TO STOP
AND MRS.
FAR AS I THINK THE STATE CAN
GOING ACHIEVING THAT GOAL. ARE
IT'S IT'S A VERY RIGHTEOUS BILL
A AND URGE YOUR SUPPORT.
THANK YOU.
OTHER WITNESSES AND SUPPORTS.
JUST GIVE US YOUR NAME AND YOUR
AFFILIATION PLEASE.
MISTER CHAIRMAN MEMBERS OF THE
COMMITTEE CHRISTY VELMA BEHALF
OF THE CALIFORNIA PROFESSIONAL
FIREFIGHTERS IN STRONG SUPPORT.
IF YOU.
SHANE GUSMAN ON BEHALF OF THE
TEAMSTERS IN SUPPORT.
VERY CLEAR SHE ARE ABOUT OF THE
CALIFORNIA EMPLOYMENT LAWYERS
ASSOCIATION IN SUPPORT.
RENEE BAYARDO IS HERE YOU
CALIFORNIANS OR.
JERRY SMITH YOUR BEHALF STATE
BUILDING AND CONSTRUCTION TRADES
COUNCIL ALSO SUPPORT.
TURN MEMBERS KAREN BAKER FOR THE
AMERICAN CIVIL LIBERTIES UNION
ALSO IN SUPPORT THE SHOULD BE A
MATTER OF CHOICE NOT COERCION.
GOOD MORNING MISTER CHAIRMAN
BRIDGE JOSH WILL GO GO WITH THE
AMERICAN FEDERATION OF STATE
COUNTY AND MUNICIPAL EMPLOYEES
IN SUPPORT.
GOOD MORNING THE CALMER BECAUSE
SENIOR STAFF ATTORNEY WITH WORK
SAFE IN SUPPORT.
RUTH SILVER TAUPE SANTA CLARA
COUNTY WHICH THAT COALITION IN
SUPPORT.
I EDWARD ESCOBAR THE FOUNDER OF
THE ALLIANCE FOR INDEPENDENT
WORKERS WE REPRESENT THE RIGHT
SHARE. INDUSTRY.
DRIVERS AND.
THERE'S TWO MILLION PLUS THAT
ARE BEING VIOLATED SO WE'RE NOT
TAKING TESTIMONY MORE JUST OKAY
THANK YOU WE URGE YOUR SUPPORT
THANK YOU.
I DON'T ALSO SUPPORTS.
SEEING NONE OPPOSITION
.
MONEY MEMBERS THAT
THE ORNATE CHAIR.
CHEN FOR BROWN BE UP THE
CALIFORNIA CHAMBER OF COMMERCE
AND WE ARE OPPOSED TO A. B.
THIRTY EIGHTY.
I WANT TO CLEAR UP A FEW POINTS
THAT I BELIEVE UMBER STATED IN
THE PROPONENTS.
AT STATEMENTS AND ARGUMENTS ONE.
BIT ARBITRATION DOES NOT
ELIMINATE YOUR SUBSTANCE RATES
IN IF IT'S UNLAWFUL IN A COURT
IT'S UNLAWFUL ARBITRATION THE
CALIFORNIA SUPREME COURT THE
UNITED STATES SUPREME COURT HAS
ALREADY STATED. THAT AN
ARBITRATION CAN AGREEMENT CANNOT
WAIT OR SUBSTANTIVE RIGHTS
OTHERWISE IT'S UNENFORCEABLE
WHAT IT DOES DO IS CHANGES THE
FOREMAN WHICH RESULT THOSE
DISPUTES.
SO WHAT I WANT TO TALK ABOUT
THAT I'M ADDITIONAL IN
CALIFORNIA IT'S NOT A SECRET
FORUM SO SENATE ASSEMBLY MEMBER
CORPORATE OR SENATOR CORPORATE
ACCOUNT NUMBER WHICH HOUSE SHE
WAS IN AT THE TIME. UP PASS
LEGISLATION THAT REQUIRED THAT
ALL ARBITRATION COMPANIES A
REPORT ON A QUARTERLY BASIS A
SPREADSHEET AND A DATABASE THAT
HAS EVERY ARBITRATION THAT THE
CONDUCT HERE IN CALIFORNIA IT'S
SEARCHABLE IT HAS THE PARTY'S
NAMES THE ALLEGATIONS THAT
TOURNEY'S INVOLVED HOW MANY
TIMES THEY'VE BEEN BEFORE THAT
ARBITRATOR. THE DAMAGES THAT ARE
IS OUR OF WORDED AND HOW THE
RESULT THAT'S MORE DATED THAN
YOU'RE GOING TO GET OUT OF A
COURT OF LAW BECAUSE YOU WOULD
HAVE TO HAVE A COMPREHENSIVE
REPORT FROM ALL OF THAT. I
COUNTY CLERKS IN OUR STATE AND
IT DOESN'T WORK ARE DOES IT IT'S
NOT IT'S NOT AVAILABLE RIGHT
NOW.
ON THE OTHER POINT I WANT TO GET
YOU AND I KNOW.
THAT THE PROPONENTS OF AT LEAST
SUGGESTED THIS IN LAST COMMITTEE
WILL OF ARBITRATION IS SO GREAT
AND IT'S SO AMAZING FOR THE
EMPLOYEES AND THE EMPLOYER THAN
THIS BILL WILL PREVENT THAT FROM
HAPPENING. THAT EMPLOYERS AND
EMPLOYEES WILL JUST RENT
ARBITRATION REGARDLESS OF
WHETHER NOTS A CONDITION OF A
CONTRACTOR NOT BUT ECHOES THE
VERY HEART OF WHY EMPLOYERS
UTILIZE ARBITRATION. EMPLOYERS
UTILIZE ARBITRATION NOT BECAUSE
THEY THINK THEY'RE GONNA GET
SOME ADVANTAGE AGAINST THE
EMPLOYEES IN ARBITRATION THAT
THAT THEY THINK THEY'RE GOING TO
REDUCE THE AWARDS TO THE
EMPLOYEES IN ARBITRATION THEY'D
UTILIZE ARBITRATION. AS UNIFORM
WAY IN WHICH TO RESOLVE DISPUTES
TO AVOID LITIGATION COSTS AND
ATTORNEYS FEES THEY WOULD RATHER
HAVE THE ROSE DISPUTE RESOLVED
WITHIN A YEAR THING GOING
LITIGATED FOR FIVE TO SEVEN
YEARS IN THE CIVIL COURTS AND
HAVE TO PAY NOT ONLY THEIR
DEFENSE COSTS AND THEIR
ATTORNEYS FEES. BUT THE
ATTORNEYS FEES AT THAT POINT AS
WELL AND SO WHEN YOU LACK THAT
UNIFORMITY THAN YOU OUT YOU
CAN'T MITIGATE THAT RISK WITH
REGARDS TO ATTORNEYS FEES. AS
LONG AS WE HAVE THE UNDERLYING
ISSUE WITH REGARD TO LITIGATION
ENVIRONMENT HERE IN CALIFORNIA
WHERE EMPLOYERS CAN BE SUED FOR
TECHNICAL VIOLATIONS ON THE
PAYSTUB THAT THE RESULTING IN
THE WAGE FLOPS. YOU WILL SEE
COMPANIES UTILIZE ARBITRATION AS
A WAY TO AVOID THE ATTORNEY'S
FEES THAT CAN BASICALLY BANKRUPT
THEM AND PUT THEM OUT OF
BUSINESS SO THAT IS WHY WE
UTILIZE THE ARBITRATION AS A
CONDITION OF CONTRACT. THE OTHER
POINT I WANTED TO MAKE WAS WITH
REGARDS THE PREEMPTION ISSUE.
AYE THERE'S SEVERAL CASES SOME
KIND OF SURPRISING THE
PROPONENTS COMMENTS THAT SAY
THAT THE MANDATORY USE OF
ARBITRATION HAS NEVER BEEN
ADDRESSED THE ARE MADERA SKATES
WITH AN ADHESION CONTRACT THAT
REQUIRED EMPLOYEES TO UTILIZE IN
THE CALIFORNIA SUPREME COURT
SUPPORT THE PRESIDENT.
UNCONSCIONABLE WOULD BE UP IN A
HUGE AND CON
IN THE EMPLOYMENT AGREEMENT THE
SONIC CALABASAS CASE CALIFORNIA
SUPREME COURT DECISION WHICH
THREE PART A WAIVER OF THE LABOR
COMMISSIONER HEARING WAS ALSO IN
A HUGE IN CONTRACT IN THE
EMPLOYMENT AGREEMENT. ON THE
ISSUE BEFORE THE SUPREME COURT
LAST YEAR AND THE CANDOR NURSING
CASES I WAS DEALING WITH REGARDS
TO THE CONTRACTUAL FORMATION AND
THE WHOLE IDEA THAT IF WE.
THAT FEDERAL ARBITRATION
AGREEMENT SOMEHOW IGNORED THE
ISSUE OF CONTRACTUAL FORMATION.
THAT YOU'VE BASICALLY BEEN
UNDERMINING THE WHOLE POINT OF
ARBITRATION ACT IF THEY WERE
CONCERNED WITH PUBLIC A CONTRACT
IS FORM SO I DISAGREE WITH THE
FACT. THAT THE ARBITRATION OF
FEDERAL ARBITRATION ACT DOESN'T
ADDRESS MENTAL THE CONTRACT IS
FORMED IN WITH REGARDS THE
ANALYSIS ON.
THAT THIS IS SOMEHOW UNDER THE
SAVINGS CLAUSE OF THE CONTRACT A
OF THE FEDERAL ARBITRATION ACT
IT'S NOT IT'S ONLY APPLICABLE TO
ONE PROVISION IN EMPLOYMENT
CONTRACT AND THAT'S ARBITRATION.
EMPLOYERS TO REQUIRE OTHER
PROVISIONS OF THE CONTRACT OUGHT
TO BE MADE AS A CONDITION OF THE
CONTRACT EMPLOYEE BENEFITS WAGES
LEAVES ON VACATION EXCEPT TRACK
ALL OF THOSE CAN BE MADE AS A
CONDITION OF THE CONTRACT YOU
JUST CAN'T HAVE ARBITRATION AS
COULD.
THE CONTRACT THAT IS WHAT THE
ESSENCE OF THE FEDERAL
ARBITRATION ACT STATES IS THAT
YOU CANNOT DISCRIMINATE AGAINST
ARBITRATION WHEN YOU'RE FORMING
A CONTRACT. AND THAT'S WHAT THIS
BILL DOES AND I I AGAIN
APPRECIATE THAT THAT PROPONENTS
OF SUGGESTED THAT THEY FIX THE
FEDERAL ISSUES BUT JUST TWO
WEEKS AGO.
ASSEMBLYMEMBER WEBBER'S BILL ON
TWENTY SIX SEVENTEEN THAT WAS
PASSED PROXIMALLY THREE YEARS
AGO VERY SIMILAR LANGUAGE THAT
YOU CAN'T HAVE IT AS A CONDITION
OF A CONSUMER CONTRACT WITH THE
RIGHTS AND OF THE CIVIL RIGHTS
THE CALIFORNIA COURT OF APPEAL.
JUST SAID WAS PREEMPTED BY THE
FEDERAL ARBITRATION ACT AND SO
AGAIN VERY SIMILAR LANGUAGE AS
AN A. B. THIRTY EIGHTY IT'S BEEN
REPEATEDLY STRUCK DOWN AS I
PRINTED THEM THE FEDERAL
ARBITRATION ACT. AND WE BELIEVE
THAT THIS BILL WILL AS WELL
THANK YOU.
THANK YOU NEXT WITH MISTER
CHAIRMAN PRACHANDA ABOUT THE
STILL CIVIL JUSTICE ASSOCIATION
CALIFORNIA WANT TO THANK
EVERYONE FOR THE TIME TO TODAY.
OF THE ASSEMBLY WOMAN IS BROUGHT
FORWARD A IMPORTANT ISSUE AN
IMPORTANT PROBLEM THAT WE'RE ALL
AWARE OF.
THIS IS A PROBLEM THAT NEEDS
ATTENTION FOCUSED ON SOLUTIONS.
BUT THAT DOESN'T MEAN THAT
EVERY PROPOSED SOLUTION IS THE
BEST WAY UP FOR CALIFORNIA TO
MOVE FORWARD.
WE ARE CONCERNED THAT AS
WRITTEN.
THAT AB THIRTY EIGHTY CREATES
AN UNTENABLE DYNAMIC.
THAT UNDERCUTS THE ABILITY TO
SETTLE CASES AND IN SOME CASES
MAY PROHIBIT THAT ABILITY. ARM
AND IT PROHIBITS A NONDISCLOSURE
AGREEMENTS EVEN WHEN BOTH
PARTIES THAT DESIRE THEM BEFORE
I GET INTO THE DETAILS ON THAT.
I DO WANT TO DETANGLE JUST A
BIT.
THE ARBITRATION VERSES
CONFIDENTIALITY ISSUE.
THERE ARE TWO SEPARATE ISSUES
OUR* A CONFIDENTIALITY IS
NOT SOMETHING THAT IS A SPECIFIC
TO ARBITRATION.
A CONCERN AS THE FORMER.
WITNESS TESTIFIED ARBITRATION
ACTUALLY IS MORE THE TRANSPARENT
ON YOU CAN HAVE A NONDISCLOSURE
AGREEMENTS IN BOTH LITIGATION
AND ARBITRATION AND SO.
ARBITRATION THE OUR ARBITRATION
ISSUE SHOULD STAND ON ITS OWN
FROM THE CONFIDENTIALITY ISSUE.
ON THE VAST MAJORITY OF.
FILED CIVIL LITIGATION SETTLED
BY VOLUNTARY AND WILLING
AGREEMENT BETWEEN THE PARTIES.
UP CALIFORNIA HAS LONG HAD A
SMART AND IMPORTANT PUBLIC
POLICY GOAL OF ENCOURAGING.
SETTLEMENT AN AMICABLE
RESOLUTION.
THAT BENEFITS BOTH PARTIES AND
SAVES PRECIOUS PUBLIC RESOURCES
AND IF YOU LOOK AT SECTION FOR
ARE CONCERNED IT WAS NOTED IN
THE ANALYSIS IT WAS NOT GRANTED.
MUCH CREDENCE ON BUT EVEN IN
THE ANALYSIS THEY INDICATED THAT
YOU MIGHT WANT TO TAKE A LOOK AT
AMENDING US WE ARE CONCERNED
THAT SAYING THAT ANY RECEIPT OF
ANY EMPLOYMENT RELATED BENEFIT.
THAT TERM RELATED IS EXTREMELY
BROAD AND LOSE ANYTHING RELATED
TO YOUR EMPLOYMENT. A VERY
ARGUABLY EVEN LITIGATION ON THAT
INTEREST YOUR BENEFIT.
CAN BE PROHIBITED THEIR.
ON THE OTHER APPROACH EFFECTIVE
THOUGH PERHAPS UNINTENTIONAL.
PROHIBITION ON ALL NON
DISCLOSURE AGREEMENTS IS A REAL
PROBLEM AS WELL CALIFORNIA FOR
EMPLOYMENT HOUSING CLAIMS ARE
SOME OF THE MOST SENSITIVE
ISSUES THAT ARE LITIGATED TODAY.
AND ELIMINATE AN NDA IS WILL NOT
PROTECT CLAIMANTS ON IF YOU LOOK
AT SECTION FOUR THREE TWO FOUR
FOUR THREE TWO POINT FOR. THE
CONCERN IS IS THAT THEY SAY AS A
CONDITION OF ENTERING INTO A
CONTRACTUAL AGREEMENT NOT AN
EMPLOYMENT AGREEMENT ANY
CONTRACTUAL AGREEMENT. SO FOR
THOSE REASONS WE RESPECTFULLY
ASK FOR YOUR NO VOTE ON A. B.
THIRTY EIGHTY THANK YOU.
THANK YOU
ANYONE ELSE IN OPPOSITION.
SEEING NONE OF RING BACK TO THE
COMMITTEE QUESTIONS COMMENTS.
IT'S CUNNINGHAM PERCENT THANK
YOU MISTER CHAIR I JUST HAVE A
COUPLE QUICK QUESTIONS.
IT SOUNDS LIKE ON THE FEDERAL
PREEMPTION ISSUE THAT THERE'S
JUST A DISPUTE.
I AND I DID.
I'M TRYING TO WRAP MY HEAD
AROUND THAT AND.
.
WHAT?
WHY AGAIN WOULD THIS NOT BE
PREEMPTED BY THE FAA SO I I CAN
DEFERRED TO THE EXPERT BUT AT
THIS AYE I JUST WANT?
TO BE CLEAR WE WE FEEL LIKE
GIVEN.
PASS LAWS AND WHAT'S HAPPENED
THAT WEEK NARROWLY TAILORED THIS
IN A WAY THAT WE'RE NOT
INVALIDATING AN ACTUAL
ARBITRATION AGREEMENT I THINK IN
ALL OF THOSE CASES AND ACTUALLY.
.
THE EXPERT ARGUED MANY OF THOSE
CASES SO I LET HIM.
CLARIFY BUT IN THOSE CASES AS
ARBITRATION AGREEMENT WAS SIGNED
AND IT WAS TRYING TO BE
INVALIDATED THAT'S DIFFERENT
FROM SUGGESTING THAT THERE CAN
BE NO. NOT JUST ARBITRATION
AGREEMENT BUT ANY WAIVER OF A
PROTECTED RIGHTS.
THAT THE SPECIFIC ANSWER THE
FEDERAL ARBITRATION ACT SAYS.
AN AGREEMENT TO ARBITRATE SHALL
BE ENFORCED SO IT REQUIRES
THERE'D BE AN AGREEMENT TO
ARBITRATE.
ONE OF THE THINGS THAT WAS
PREEMPTED IN IN. OUR
ASSEMBLY WOMAN'S WEBBER'S GOOD
BILL WAS IT ATTEMPTED TO AVOID
AN AGREEMENT THAT WAS SIGNED.
WE DON'T HAVE THAT ARE BUILT WE
SPECIFICALLY DID NOT TRY TO
NEGATE OR AVOID ANY ARBITRATION
AGREEMENT IT SIGNED WHICH IS
REALLY WHERE THE FAA APPLIES.
ALSO.
THE FAA.
HAS TO HAVE SOME DEGREE OF
CONSENT
ACCORDING TO THE SUPREME COURT
WERE TALKING ABOUT THE WAIVER OF
CONSTITUTIONAL RIGHTS.
THE FIRST AMENDMENT RIGHT TO
PETITION FIFTY MEMORIZED TO
PROCESS A SEVENTH AMENDMENT
RIGHT OF.
THE JURY TRIAL SO THERE HAS TO
BE SOME DEGREE OF CONSENT.
A AND AND THIS BILL DOES NOT
PROHIBIT ARBITRATION THIS IS NOT
AN ANTI ARBITRATION BILL.
A AND GOING FURTHER.
THE FAA DOESN'T APPLY TO ALL
EMPLOYMENT.
THERE'S THERE'S AT NUMBERS OF
CATEGORIES OF WORKERS WHO ARE
EVEN COVERED BY THE FAA THERE
WAS JUST A CASE TWO MONTHS AGO.
I INVOLVING A CLASS ACTION
PROHIBITION
WHERE THE UNITED STATES SUPREME
COURT UPHELD CLASS PROHIBITIONS
FOR AWHILE BUT WE WERE IN. THE
PLAINTIFFS WERE ALLOWED TO GO
FORWARD BECAUSE THEY WERE IN THE
TRANSPORTATION BUSINESS.
SO THE FAA ONLY HAS LIMITED
APPLICATION IN THE WORKPLACE BUT
IT HAS NEVER BEEN APPLIED.
IN A CASE WHERE THERE WAS NO
AGREEMENT.
I THAT THE OPPONENTS HERE
MENTIONED THE ARMAND DAR'S CASE
I ARGUED THAT.
THE SONIC CALABASAS CASES I
ARGUED THAT TWICE TO THE
CALIFORNIA SUPREME COURT BOTH OF
THOSE CASES HAD SIGNED
ARBITRATION AGREEMENTS AND THE
QUESTION WAS. ARE WE GOING TO
ENFORCE IT.
SO THERE IS NO CASE WHERE THE
FEDERAL ARBITRATION ACT REACHES
DOWN TO A STATE AND SAID YOU
CAN'T REGULATE THE EMPLOYMENT
RELATIONSHIP.
YOU CAN'T REGULATE.
THE APPLICATION PROCESS IT'S
SIMPLY IS NEVER HAPPENED.
THIS STATEMENT THAT ARBITRATION
IS NOT SECRET IS SIMPLY FALSE I
WAS ALSO VERY INVOLVING THAT'S
GOING BEYOND.
OKAY WAS AS PART OF YOUR
QUESTION NO I THINK YOU COVERED
THAT THANK YOU YEAH.
THANK YOU'RE CLEARLY AN EXPERT
ON.
ABOUT.
I JUST SAID
TWO OTHER QUICK QUESTIONS.
I AM I AM A LITTLE CONCERNED I
GUESS ON.
ON THE EFFECT THIS MIGHT HAVE ON
ON.
FOLKS THAT.
COULD NOT NECESSARILY AFFORD AN
ATTORNEY GIVEN THAT LITIGATION
IN COURT.
BY AND LARGE TENDS TO BE MORE
EXPENSIVE FLANK HERE.
AND THAT SORT OF THING THEN
ARBITRATION.
AND I'M WONDERING IF ANY
THOUGHT HAS BEEN GIVEN.
THE EFFECT OF THAT AND ON THAT
ON.
PLAINTIFFS ON PEOPLE THAT.
YOU DON'T WANT OR NEED COUNSEL
AND MIGHT BE ABLE TO HANDLE OUR
PETITION THEMSELVES OR MIGHT BE
OPEN MINDED ERNIE. THAT WOULD BE
MORE WILLING TO TAKE THAT CASE
BECAUSE IT'S A.
.
LESS SUBSTANTIAL TIME COMMITMENT
GREAT QUESTION.
THE LABOR CITING THE LABOR
COMMISSION WAS SET UP TO HELP
THOSE PEOPLE INITIALLY AND AN
ARBITRATION AGREEMENT PROHIBITS
ACCESS ESSENTIALLY THE LABOR
COMMISSION.
ALL I DO WHEN I'M NOT SITTING
HERE IS REPRESENT PLAINTIFFS
AN ARBITRATION CLAUSE MAKES IT
LESS LIKELY.
THAT OF A LAWYER WILL TAKE A
CASE
SO IN FACT IT IS AN IMPEDIMENT
TO GETTING ACCESS TO JUSTICE.
AND AND IN FACT THOSE PEOPLE
WHO GO FORWARD ARBITRATION
WITHOUT A LAWYER ARE GETTING RUN
OVER BY MOTIONS TO DISMISS BY
SOME REDUCTION MOTIONS.
BELIEVE ME ARBITRATION IS BEING
USED AS A FORM OF CLAIMS
SUPPRESSION IT IS NOT BEING USED
TO CREATE ACCESS TO JUSTICE.
THE LABOR COMMISSION AND THE FE
H. AND THE PUBLIC COURT SYSTEM.
CREATES ACCESS TO JUSTICE AND
NOT ONLY ARE WE CONCERNED ABOUT
PEOPLE CAN'T AFFORD ACCESS TO DO
OUR GOAL HAS TO BE TWO DETERRENT
BAD CONDUCT OF THAT PEOPLE DON'T
NEED TO GO TO COURT OR NEED TO
GET LAWYERS.
AND THE DETERRENT EFFECT IS
GONE.
WHEN WHEN PERPETRATORS THINK
THEY CAN HIDE BEHIND SECRET
TRIBUNALS AND AND AND FORUMS
THAT ARE TILTED IN THEIR FAVOR
AN ARBITRATOR SHOULD KNOW THAT
THEY NEED TO SATISFY THE REPEAT
PLAYER.
YOUR LAWS ARE NOT BEING SERVED
OF THE INTEGRITY OF YOUR LAWS IS
BEING UNDERMINED IF IF THEY
DON'T HAVE THE RIGHT TO GO TO
COURT AND ANYONE. WHO WANTS?
TO TAKE A CASE TO MEDIATION OR
ARBITRATION OR CONCILIATION. CAN
DO THAT.
SO.
DO YOU DISPUTE THEN I MEAN I. I
MEAN I I'VE HAD CASES WHERE ARE
WE CAN GET OUR ARBITRATION DATE.
YOU'RE YOU YEARS QUICKER THAN WE
CAN GET A JURY TRIAL DAY IN
COURT AND GET SOME CONCERNED A
LITTLE BIT GIVEN.
AND THE WHOLE MAXIM JUSTICE
DELAYED IS JUSTICE DENIED. OF
WHAT.
WE'VE GOT OVER BURDENS ME COURTS
ALREADY WE'VE GOT IMPACTED
COURTS IN EVERY COUNTY IN THE
STATE.
.
WHAT IS THE EFFECT OF THIS GOING
TO BE ON?
ON THAT KNOW THROUGH IT. IT AT
THE PLAINTIFF CAN VOLUNTARILY
AGREED AND EARNED ARBITRATION
THAT DOESN'T PREVENT VOLUNTARY
ARBITRATION WHEN THERE IS A
CLAIM.
SO I THINK THESE ARGUMENTS.
ALTHOUGH CAN BE VALID AT
DIFFERENT TIMES ARE.
ARE.
TAKING CARE OF IN THIS BILL IN
THAT THEY CAN ENTER AND
ARBITRATION IT JUST ALLOWS THEM
TO ALSO IF THEY CHOOSE TO. FILE
A LAWSUIT ORBITAL LABOR
COMMISSIONER.
IT GIVES THE THE VICTIM A FEW
WELL I'M THE RIGHT TO CHOOSE THE
BANJA.
THERE IS.
I WANT TO THANK YOU FOR BRINGING
THIS I THINK THAT FOR SO MANY
FOR TRACTION CLAUSES AS A
CONDITION
OF EMPLOYMENT AS A CONDITION OF
LODGING AS A CONDITION OF
MEDICAL TREATMENT.
AND RIGHTS ARE BEING TAKEN AWAY
BECAUSE YOU YOU DON'T HAVE A
CHOICE.
I THINK WITH THE COMMENT THAT
WAS MADE THIS IS A RIGHTEOUS THE
BILL AGREE.
BECAUSE I THINK IT'S A STEP IN
THE RIGHT DIRECTION MAKING SURE
THAT. IF YOU WANT TO ENTER IF
YOU WANT TO GO THROUGH
ARBITRATION YOU STILL CAN.
THIS BILL DOES NOT PROHIBIT IT
IN THE WAY THAT I HAVE READ IT.
ANYBODY ANYBODY CAN STILL.
GO TO ARBITRATION REQUEST
ARBITRATION ARE ASKED THE JUDGE
TO ORDER THEM TO ARBITRATION
THAT'S STILL A POSSIBILITY SO I
I DO THANK YOU FOR BRINGING
THIS.
BILL FORWARD.
THANK YOU MS WEBER.
YES I TO WHAT IT OF THANK YOU
FOR BRINGING THE BILL FOR IT I
KNOW IT'S OF THESE ARBITRATION
AGREEMENTS IN THE BILLS ARE VERY
DIFFICULT TO GET OUT AND GET THE
GOVERNOR TO SIGN THEM.
AND SIGH I HOPE ALL GOES WELL
WITH YOU WE HAD QUITE A BATTLE
WITH THE ONE THAT IDEA. YOU KNOW
IT IT IT IS A TRAGIC THAT WE SEE
ARBITRATION IS THIS GREAT
PANACEA AS A SHORT CUT TO
JUSTICE BECAUSE THERE REALLY IS
NOT.
AND I SAY THAT NOT JUST AS THE
AUTHOR OF THE BILL BUT AS A
PERSON WENT TO ARBITRATION I
WOULD NEVER GO TO ARBITRATION
AGAIN. IT IS TRULY A VIOLATION
OF YOUR RIGHTS IS NOT ALWAYS A
SHORT QUICK THING. YOU HAVE TO
HAVE AN ATTORNEY AND IT IS
SOMETIMES EXPENSIVE.
AND THOSE WHO HEAR THE CASES ARE
NOT ALWAYS THE BEST PEOPLE TO
HEAR CASES.
AND THEY GENERALLY ARE GOING TO
FAVOR THE EMPLOYER BECAUSE
THAT'S THE PEOPLE KEEP USING
THEIR SERVICES.
SO I MEAN THAT ONLY THAT GO TO
ARBITRATION HAD TO. COMPLAIN
AFTERWARDS BECAUSE OF THE
PROCESS
AND YOU DON'T FEEL THIS IS SHOW
THAT YOU'VE GOTTEN JUSTICE AND
SO I THINK. THE FACT THAT SO
MANY FOLKS ARE BEING FORCED INTO
THIS ARBITRATION AGREEMENT BASED
ON THE FACT THAT THEY MAY NOT
HAVE THE MONEY THEY MAY I HAVE
THIS MAY HAVE THAT. YOU KNOW IT
JOB IT REALLY DOES PLAY TO THOSE
WHO ARE AT LEAST.
ABLE TO AFFORD JUSTICE
AND THEN YOU AFTER THE PROCESS
YOU STILL HAVEN'T REALLY GOTTEN
A JUSTICE SOMETIMES THAT YOU
WANT THERE'S SOME ARBITRATION
GOES WELL BUT I'VE. HEARD NUMBER
OF FOLKS WHO WOULD IT IS NOT
DONE WELL AND SO I THINK THE
MORE WE CAN.
CONTINUE TO LOOK ARBITRATION AS
AN OPTION AND NOT A REQUIREMENT
AND THAT'S THE WHOLE CHANNELS IT
SHOULD ALWAYS BE AN OPTION AND
NOT A REQUIREMENT FOR YOU TO GET
A JOB OR GET A HOUSE OR. OR THE
KID TO GO TO A PARTICULAR SCHOOL
OR WHATEVER BABY YOU STILL
SHOULD HAVE IT SHOULD BE AN
OPTION. BUT IT SHOULD NOT BE SO
THIS FORCED ON INDIVIDUALS AND I
APPRECIATE YOU BRINGING THIS FOR
I KNOW WE'RE CROSSING KNOCKING
AT THE DOOR OF ARBITRATION. AND
AND I MOST FOLKS THINK
ARBITRATION IS SUPPOSED TO BE
VOLUNTARY AND NOT A PRE
CONDITION FOR GETTING SOMETHING
OF THAT'S THEY A CYPRESS SHAPE
THAT THE BILL THANK YOU FOR ALL
YOUR HARD WORK. AND UP I TOTALLY
SUPPORT THE BILL.
THANK YOU OTHER QUESTIONS COME.
SEEING NONE WAS CONSULTS LUXURY
MIKLOS THANK YOU I THINK THAT.
YOU KNOW IT'S GREAT TO HAVE A
COMMITTEE SO ENGAGE ON THIS
TOPIC WHICH IS SO IMPORTANT AND
I'M ONE OF THE STEPS IN
ADDRESSING. WHAT WE'VE SEEN AS
AS WORKPLACE HARASSMENT ASSAULT
COM? PAY INEQUITY YOU NAME IT
REALLY SHINING A LIGHT ON THESE
ISSUES I'M AGAIN I I WANT TO
REITERATE THAT WE ARE NOT TAKE
AWAY THE RIGHT OF ANY PLAINTIFF
TO SEEK ARBITRATION. WE'RE JUST
ENSURING THAT THERE'S ACTUALLY A
MARKETPLACE OF RELIEF IT'S IT'S
AN OPEN I'M WILL LET THE MARKET
DECIDE IF ARBITRATION IS AS
WONDERFUL AS.
THE OPPONENTS PUT OUT TO BE
THAT I'M SURE A GREAT MAJORITY
OF THE PLAINTIFFS WILL CHOOSE
THAT SO.
IT JUST PROVIDES A MOTHER
OPTIONS AS WELL.
AT WITHOUT I RESPECTFULLY ASK
FOR MY BUT.
THANK YOU WE DO HAVE A MOTION TO
SECOND THE MOTION IS TO PASS.
TO APPROPRIATIONS AGAIN GOOD
LUCK THERE.
HARD HARD WRITING LEASE
STONE BY STONE AYE CUNNINGHAM.
CUNNINGHAM NO CHOW. CHOW I CHIU.
WEBER AYE WEBER AYE HOLDEN.
KALRA.
KALRA AYE KILEY.
KILEY NO MAIENSCHEIN.
MAIENSCHEIN NO REYES AYE REYES
AYE. JEWISH CHIU AYE.
THE BILL IS OUT THANK YOU THANK
YOU. FIGURES TO ITEM NUMBER
NINETEEN THREE ZERO EIGHT ONE
THIS GONZALEZ FLETCHER.
THANK YOU AND.
THIS IS AN ODD THIS THIS BILL.
WE WE WORKED WITH A NUMBER OF
GROUPS TO CREATE DEALING WITH
SEXUAL HARASSMENT THE WORKPLACE
I'D DURING THE TIME WHEN
EVERYTHING WAS WITH THE ME TO
MOVE IT WAS STARTING BECAUSE WE
REALIZED ALTHOUGH. AT THE PRESS
CARRIES A LOT WHEN YOUR EMPLOYER
IS A LEGISLATOR OR WHEN YOUR
EMPLOYER IS.
.
MOVIE PRODUCER.
BUT THE VAST MAJORITY OF SEXUAL
HARASSMENT HAPPENS IN NEW LOW
WAGE JOBS WHERE WOMEN DON'T HAVE
THE RIGHT TO PURSUE JUSTICE
THROUGH.
.
THROUGHOUT IN THEIR THEIR
HARASSER IN PUBLIC AND SO WE
WANTED TO ENSURE THAT THESE
WOMEN AND AND MAN I'M HAVE
RIGHTS AND.
.
THE ABILITY TO PURSUE.
I.
STOP SEXUAL HARASSMENT
RETALIATION.
AND SO PERPETRATORS SEXUAL
HARASSMENT THESE INDUSTRIES OF
BOYD ACCOUNTABILITY BECAUSE OF A
START POWER. DIFFERENCES.
AND ACCORDING TO A REPORT
RELEASED BY THE EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION ROUGHLY
THREE OUT OF FOUR WOMEN WHO
EXPERIENCE SEXUAL HARASSMENT
NEVER REPORTED TO A SUPERVISOR
OR MANAGER. IN.
THAT'S A PROBLEM.
AB THIRTY EIGHTY ONE TAKES A
COMPREHENSIVE APPROACH TO
ADDRESSING THESE ISSUES THIS
BILL ENSURE THAT WORKER HAS AT
LEAST THREE YEARS TO FILE
SPECIAL HURT. HARASSMENT RELATED
RETALIATION CLAIM IF A WORKER
CHOOSES TO FILE CLAIM THE BILL
ESTABLISH A NINETY DAY
REBUTTABLE PRESUMPTION OF
UNLAWFUL RETALIATION. AND
ADDITIONALLY THIS BILL WOULD
HOLD LABOR CONTRACTORS
ACCOUNTABLE BY REQUIRING CIVIL
LIABILITY FOR CASES OF SEXUAL
HARASSMENT ASSAULT IN
DISCRIMINATION.
UNDER THIS BILL WORKERS WOULD
HAVE ACCESS TO A HOTLINE AND TO
REPORT OR UNDER START TO LEARN
HOW TO REPORT SEXUAL HARASSMENT
AT THE LABOR COMMISSIONER'S
OFFICE. IN A MEANS TO SUBMIT A
WRITTEN COMPLAINT THAT ALLOWS
WORKERS THE OPTION TO REMAIN
ANONYMOUS THIS IS ESPECIALLY
IMPORTANT BECAUSE WE KNOW A LOT
OF THESE WOMEN.
IN PARTICULAR ARE IMMIGRANT AND
WOMEN WHO FACE I.
IMMIGRATION CONSEQUENCES IF THEY
COME FORWARD.
AGAINST THEIR EMPLOYER.
FINALLY THIRTY EIGHT EIGHTY ONE
WHAT THIRTY EIGHTY ONE WOULD
REQUIRE EMPLOYERS WITH AT LEAST
TWENTY FIVE EMPLOYEES TO PROVIDE
SEXUAL HARASSMENT TRAINING TO
ALL EMPLOYEES EVERY TWO YEARS.
THIS IS A DIFFERENT WAY OF
LOOKING AT THIS WE'VE OFTEN OF
COURSE REQUIRED WITH WITH LARGER
COMPANIES TO PROVIDE US
SUPERVISORS WITH SEXUAL
HARASSMENT TRAINING WHAT WE'RE
LEARNING IS MORE AND MORE THAT.
OUR EMPLOYEES DON'T UNDERSTAND.
OR DON'T KNOW THE LAW SO OFTEN
DON'T KNOW.
THAT THEY CAN AS A GRIEVOUS
SITUATION WHEN THEY'VE BEEN
SEXUALLY HARASSED AYE OR WHAT
THEY SHOULD DO IF THAT'S
HAPPENING.
AND MY COLLEAGUE ASSEMBLY MEMBER
KALRA.
IS PRESENTING AB TWENTY NINE
FORTY SIX WHICH HAS SIMILAR
PROVISIONS TO EXTEND THE STATUTE
LIMITATIONS ON RETALIATES ON.
FOR SEXUAL HARASSMENT
RETALIATION AYE NOW ASSEMBLY
WOMAN RAY HAS HAD ON ON THE
FILING OF THE CLAIM ITSELF. AND
WE WANT THEM ALL TO WORK
TOGETHER AND SO WE'RE GONNA TAKE
AMENDMENTS TO MAKE SURE THAT
THAT THEY ALL. ARE DOING THE
SAME THING AND GOING IN THE SAME
DIRECTION.
WITH MEDITATE TO TESTIFY IN
SUPPORT OF AB THIRTY EIGHTY ONE
IS CAITLYN BAKER AT WITH
KATHLEEN LABOR FEDERATION.
MR CHEN MEMBERS KITTEN BAKER FOR
THE CALIFORNIA LABOR FEDERATION
WE ARE HERE IN STRONG SUPPORT.
AND WE WORKED UP CLOSELY WHAT
THE AUTHOR TO IDENTIFY AREAS OF
THE LAWS THAT WE THOUGHT WOULD
BENEFIT IN PARTICULAR ASSEMBLY
THE MOST VULNERABLE WOMEN
THROUGHOUT CALIFORNIA. AND.
AFTER THIS KIND OF INITIAL FOCUS
ON HOLLYWOOD AND SOME OF THE
MORE GLAMOROUS EXAMPLES.
WE STARTED WE JUST STARTED TO
HEAR MORE ABOUT WOMEN RESTAURANT
WORKERS WOMEN FARMWORKERS WOMEN
JANITORS WHO HAVE BEEN FIGHTING
SEXUAL HARASSMENT FOR MANY YEARS
THEY JUST HAVEN'T BEEN. THE
FOCUS OF THE MEDIA ATTENTION ON
WOMEN HOUSEKEEPERS WHO HAVE
FOUGHT FOR SAFER CONDITIONS WHEN
THEY'RE GOING INTO ROOMS.
FOR THE KIND OF SEXUAL
HARASSMENT THAT THEY FACE AND
WHAT WE TRIED TO DO WITH THIS
BILL IS BUILT UPON ALL ABOUT
WORK AS WELL AS THE WORK OF MS
RIGHT YES AND. ADJUSTING THE
STATUE OF LIMITATIONS ON SEXUAL
HARASSMENT CLAIMS TO SAY THAT
GOES HAND IN HAND WITH
RETALIATION MOST CALIFORNIA
WORKERS ARE OUT WELL CAN BE
FIRED AT ANY TIME FOR ANY REASON
UNLESS IT'S ON THE SHORT LIST
OF.
UP PROHIBITED REASONS THAT MEANS
THAT MOST WORKERS SERVE AT THE
MERCY OF THEIR EMPLOYER THEY
CANNOT SPEAK OUT THEY CANNOT
COMPLAIN THEY CANNOT FILE A
CLAIM OR THEY WILL BE FIRED. AND
FOR THAT REASON WE HAVE TO MAKE
SURE THAT THE LAW IS MORE
PROTECTIVE OF THOSE WORKERS THAT
WHEN WORKERS COME FORWARD AND
FILE A CLAIM. FOR EXAMPLE THAT
THERE'S A IT IF THEY GET FIRED
RIGHT AFTER THEY FILE A CLAIM
THERE SHOULD BE A PRESUMPTION
THAT THEY WERE FIRED BECAUSE
THEY SPOKE OUT ABOUT THAT CLAIM.
AND THE EMPLOYER I. HAS ALL OF
THE TOOLS AT THEIR DISPOSAL TO
SHOW IF THERE WAS A LEGITIMATE
REASON BUT A LOW WAGE IMMIGRANT
WOMAN WHO'S FACING SEXUAL
HARASSMENT AND TRIES TO REPORT
IT AND GETS FIRED. IS IN A MUCH
HARDER POSITION TO TRY TO
ESTABLISH THAT IT WAS
RETALIATORY BECAUSE AGAIN SHE
THAT WELLING CAN GET FIRED FOR
ANY REASON. AND THE OTHER ISSUE
WE'VE TRIED TO ADDRESS HERE OUR
ECONOMY IS INCREASINGLY
DEPENDENT ON CONTRACTED OUT AND
TEMPORARY WORKERS ALMOST ALL OF
THE JOBS CREATED SINCE THE LAST
RECESSION. ARE IN CONTRACTED OUT
AND TEMPORARY WORK WHAT THEY
CALL CONTINGENT WORK THESE
WORKERS ARE ESPECIALLY
VULNERABLE BECAUSE THE MASTER
EMPLOYER A RECALL CLIENT
EMPLOYER.
HAS CONTRACTORS COME IN AND OUT
THOSE CONTRACTORS PROVIDE THE TO
SUPERVISION AND THEN WHEN
WORKERS RIGHTS ARE VIOLATED THE
KLAN EMPLOYER SAYS I HAD NOTHING
TO DO WITH THAT BLAME THE
CONTRACTORS AND NOTHING EVER
CHANGES. WHAT THIS BILL SAYS IS
WE SHOULD APPLY THE SAME
PROVISIONS THAT WE HAVE NOW FOR
WAGE THEFT?
WHERE THE CLIENT EMPLOYER IS
HELD ACCOUNTABLE IF THEIR
CONTRACTOR ENGAGES IN WAGE THAT
AFTER VIOLATIONS OF WORKER
HEALTH TO HEALTH AND SAFETY WE
SHOULD APPLY THOSE SAME
PROTECTIONS TO SEXUAL ASSAULT?
HARASSMENT AND DISCRIMINATION SO
THIS BILL REALLY SEEKS TO PLUG
SOME OF THESE HOLES TO LOOK AT
ON FRONT LOOK AT THESE ISSUES
FROM THE PERSPECTIVE OF SOME OF
CALIFORNIA'S MOST VULNERABLE
WORKERS. THANK YOU.
THANK YOU ANY OTHER WITNESSES IN
SUPPORT.
REBECCA GONZALEZ NATIONAL
ASSOCIATION OF SOCIAL WORKERS
CALIFORNIA CHAPTER IN SUPPORT.
JACKIE SAN ON BEHALF OF THE
CONSUMER ATTORNEYS OF
CALIFORNIANS SUPPORT.
SHE INVESTMENT ON BEHALF OF THE
TEAMSTERS UNITE HERE THE
MACHINIST SAG AFTER ANOTHER
PHONE SUPPORT.
RENEE BAYARDO ES HERE YOU
CALIFORNIANS FOR.
VERY GOOD AS YOU ARE WITH THE
CALIFORNIA EMPLOYMENT LAWYERS
ASSOCIATION IN SUPPORT.
NICKEL MARQUEZ WITH WORK SAFE IN
SUPPORT.
WITH SILVER TAUPE SANTA CLARA
COUNTY WAGE THAT COALITION IN
SUPPORT.
JOSHUA VOCAL WITH THE AMERICAN
FEDERATION OF STATE COUNTY AND
MUNICIPAL EMPLOYEES IN SUPPORT.
I EDWARD ESCOBAR ON BEHALF OF
RIDE SHARE DRIVERS NATIONWIDE.
IN SUPPORT.
ANY OTHER WITNESSES IN SUPPORT.
BEFORE WE GET TO WITNESSES IN
OPPOSITION QUESTION FOR THE
AUTHOR UNDERSTAND THERE WERE
SOME AMENDMENTS LISTED IN THE
ANALYSIS.
ARE YOU GOING TO BE ACCEPTING
YES MA'AM.
I THOUGHT THAT AND STATE.
SO HAVE RALLIED EVERY YOU'RE
TALKING POINTS.
ALLOW PROBLEM AT ALL A WITNESSES
IN OPPOSITION PLEASE APPROACH.
HI GOOD MORNING WORKERS SOME
AFTER THE CALIFORNIA CHAMBER OF
COMMERCE THANK YOU SO MUCH FOR
THE OPPORTUNITY TO TESTIFY TODAY
WE ARE HERE IN OPPOSITION AB
THIRTY EIGHTY ONE BECAUSE IT
WOULD SIMPLY CREATE ANOTHER
PATHWAY FOR COSTLY LITIGATION
AGAINST EMPLOYERS. PLAN WITH
REGARDS TO ISSUES THAT ARE
ALREADY PROTECTED AGAIN UP
WITHIN THE FAIR EMPLOYMENT AND
HOUSING ACT.
EMPLOYEES ARE ALREADY PROTECTED
AGAINST SEXUAL HARASSMENT
DISCRIMINATION AND RETALIATION
UNDER THE FAIR EMPLOYMENT
HOUSING ACT LAST YEAR ASSEMBLY
MEMBER GONZALEZ INTRODUCED A
BILL REGARDING REPRODUCTIVE
HEALTH DISCRIMINATION ALSO
PLACING THAT IN THE LABOR CODE.
THIS BILL WOULD ALSO PLACE THESE
PROTECTIONS IN THE LABOR CODE
THE GOVERNOR IN HIS VETO SAID I
BELIEVE THESE TYPES OF CLAIMS
SHOULD REMAIN WITHIN THE
JURISDICTION OF THE DEPARTMENT
OF FAIR EMPLOYMENT AND HOUSING.
THE FAIR EMPLOYMENT AND HOUSING
ACT IN THE DEPARTMENT OF FAIR
EMPLOYMENT HOUSING HAS VERY
STRICT REGULATIONS AND
GUIDELINES REGARDING TRAINING
NOTICE RETALIATION AND ALL OF
THE MOST OF THINGS COVERED IN
THIS BILL. AND INCLUDING UNDER
THE CODE OF CALIFORNIA
REGULATIONS ELEVEN OO TO THREE
IT ACTUALLY STATE EVEN THE FONT
SIZE AT THESE NOTIFICATIONS HAVE
TO BEPUBLISHED SO THEREFORE
THESE ARE HIGHLY REGULATED
PROVISIONS. AND IT WILL SIMPLY
EXPOSE EMPLOYERS TO ADDITIONAL
LIABILITY UNDER THEY.
PA GOT UNDER THE PRIVATE
ATTORNEYS GENERAL ACT BY PLACING
THIS WITHIN THE LABOR CODE IT
CREATES AN UNFAIR REBUTTABLE
PRESUMPTION AGAINST EMPLOYERS
FOR EXAMPLE AND TO UNDERSTAND
THAT THIS IS A REBUTTABLE
PRESUMPTION HOWEVER IF SOMEONE
WERE TO FILE. A SEXUAL
HARASSMENT CLAIM AND WAS ALREADY
ENGAGED IN OR CONTINUE TO ENGAGE
IN FRAUD AGAINST THE EMPLOYER
THEY WITH THEN THERE WOULD BE A
REBUTTABLE PRESUMPTION THAT THE.
PLAINTIFF OR THAT THE INDIVIDUAL
WAS TERMINATED BECAUSE OF SEXUAL
HARASSMENT THE BURDEN OF PROOF
THEN FALLS ON THE EMPLOYER TO
PROVE OTHERWISE RATHER THAN
BEING ON THE EMPLOYEE TO PROVE
THAT THEY WERE NOT THAT THAT
THAT THEY WORK TERMINATED
BECAUSE OF. THE SEXUAL
HARASSMENT ALLEGATIONS FINALLY
THE JOINT EMPLOYER LIABILITY
THERE IS NO REASON THAT A
CONTRACTOR SHOULD OR WOULD BE
ABLE TO ENSURE THAT THE. COMPANY
THAT THEY HIRED TO PROVIDE
SERVICES WITH FOLLOWING THE FAIR
EMPLOYMENT HOUSING ACT THAT'S A
LIABILITY ON THE COMPANY THAT
HIRES THESE EMPLOYEES AND HAS
THESE EMPLOYEES AS THEIR WORKERS
THERE SHOULD NOT BE JOINT
EMPLOYER LIABILITY UNDER THIS
PROVISION BECAUSE THERE ALREADY
IS JOIN PLAYER LIABILITY.
DEPENDING ON THE AMOUNT OF
CONTROL JOINT EMPLOYERS HAVE IT
WHO EXPENDED SAYS SIGNIFICANT
AMOUNT OF CONTROL OVER OTHER
EMPLOYEES ALREADY DO HAVE JOINT
EMPLOYER LIABILITY CURRENTLY
UNDER THE LAW AND FOR THESE
REASONS WE ARE OPPOSITION AB
THIRTY EIGHTY ONE THANK YOU SO
MUCH FOR YOUR TIME TODAY.
THANK YOU NEXT WITNESS GOOD
MORNING MISTER CHAIR AND MEMBERS
SHAUN THOSE OF THE NATIONAL
FEDERATION OF INDEPENDENT
BUSINESS REPRESENTING. OVER
TWENTY THOUSAND SMALL BUSINESS
OWNERS ACROSS THE STATE ALSO
POSE FOR THE REASONS ALREADY
STATED.
THE VAST MAJORITY OF OUR
MEMBERSHIPS AS WE PREVIOUSLY
TALKED ABOUT IN A PREVIOUS
COMMITTEE. OUR MEMBERS ON
AVERAGE HAVE THREE TO TEN
EMPLOYEES A VERY VERY SMALL
EMPLOYERS WHICH IS VERY COMMON
PICTURE ANYTHING ABOUT SMALL
BUSINESS OWNERS. IN THE STATE
AND THAT ONE OF THE KEY
DIFFERENCES BETWEEN A LARGER
EMPLOYERS ARE MEMBERS AND SMALL
BUSINESS OWNERS DON'T HAVE AN
ENTIRE DEPARTMENT DEDICATED TO
HUMAN RESOURCES OR COMPLIANCE OR
LEGAL OR PAYROLL. THE SMALL
BUSINESS OWNER INDIVIDUALLY IS
TRYING TO COMPLY. WITH ARE
ALREADY VERY COMPLEX LABOR LAWS
REQUIREMENTS AND UNFORTUNATELY
WE VIEW THIS BILL WOULD CREATE
ADDITIONAL.
CONTRADICTIONS AND DUPLICATIONS
ARMS SPECIFICALLY BY ADDING A
SEXUAL HARASSMENT PROTECTIONS IN
TRAINING REQUIREMENTS DIRECTLY
TO THE LABOR CODE ITSELF IT
WOULD BE A CONFUSING TO SMALL
BUSINESS OWNERS. BUT ALSO OPEN
OUR MEMBERS TO ADDITIONAL.
WAVE OF LITIGATION UNDER PAGO
WHICH WE THINK SEPARATELY IS
OVERDUE FOR REFORM ITSELF.
BUT NONE OF THIS WOULD DO
ANYTHING TO INCREASE OUR ALREADY
VERY COMPLICATED AND HOSTILE
LEGAL CLIMATE IN THE STATE. OF
SO FINALLY JUST WHEN YOU
CONSIDER THE FACT THAT THIS
BILL.
REALLY ADDS NO PROTECTIONS BILL
WHAT'S ALREADY AVAILABLE IN FEE
HOT IN THE FE H. BOB INSTEAD
ONLY ADDS COMPLICATION POTENTIAL
LITIGATION.
WE MUST REMAIN OPPOSED TO THIS
BILL THANK YOU.
THANK YOU ANY OTHER WITNESSES IN
OPPOSITION PLEASE APPROACHED
MICROPHONES ARE CHAIR MEMBERS
MIGHT PULL OUT FOR THE
CALIFORNIA EMPLOYMENT LAW
COUNCIL OPPOSE THANK.
JUDY IS OF THE CALIFORNIA LEAGUE
FOOD PRODUCERS IN OPPOSITION.
MANY OTHERS SEEING NONE I'LL
BRING IT BACK TO THE COMMITTEE
FOR QUESTIONS
ASSEMBLY MEMBER KALRA. THANK YOU
MISTER CHAIR.
THANK YOU UP SOME MEMBER
GONZALEZ FLETCHER IF I HAVE A
BILL THAT IS IN A SIMILAR VEIN.
I THINK RATES GREAT MINDS THINK
ALIKE AND JUST REMEMBER THAT
WHEN I'M FOR UNIT OPERATIONS.
MADAM CHAIR.
A.
ABOUT A CAN OF THE BILL.
THE MOTION IN THE SECOND I DON'T
SEE ANY OTHER QUESTIONS PLEASE
CALL THE ROLL.
OF ANTI.
I JUST WANT TO POINT OUT A FEW
THINGS BECAUSE I'VE WE'VE HEARD
THE SAME ARGUMENTS NOW A FEW
TIMES BY BY THE OPPONENTS BUT.
IF THEY REALLY THINK THE STATE
OF THE LA IS IS SET UP.
TO ADDRESS THESE PROBLEMS NOW I
THINK THERE ARE NOT.
READING THE SAME REPORTS ON HIM.
THEY'RE NOT TALKING TO THE SAME
WORKERS THAT I AM THEY'RE NOT.
RE IN THE NEW YORK TIMES AND THE
NEW YORKER IN THE LA TIMES IN
AND.
THAT NUMBER OF DATELINE STORIES
IN FRONT LINE STORIES AND.
YOU KNOW YOU CAN'T TURN ON THE
NEWS WITHOUT HEARING ABOUT HOW
EXPANSIVE THIS ISSUE IS AND HOW
LITTLE HAS BEEN ADDRESSED
ESPECIALLY FOR LOW WAGE WORKERS.
.
AT IN REGARD IT I GUESS I.
DON'T TALK MYSELF OUT OF VOTES
BUT.
.
YOU KNOW FEELS GREAT.
WHEN IT'S GREAT.
BUT THE LABOR COMMISSIONER'S
OFFICE PROVIDES EVERY WORKER THE
OPPORTUNITY TO PURSUE JUSTICE
AND I'M. YOU KNOW FEE HAS
SOMETIMES GET YOUR RIGHT TO SUE
LETTER AND THEN IF BUT AGAIN
ALMOST LIKE BILL ARBITRATION
THING WE WANT WORKERS TO BE ABLE
TO TAKE ACCESS. THROUGH ANY
MEANS POSSIBLE AND SO I THINK
THOSE OF US WHO WORKED.
WITH THE LABOR COMMISSIONER'S
OFFICE IN THE COME FROM
ORGANIZED LABOR IN PARTICULAR I.
DO TRY TO ENSURE THAT THAT'S AN
AVENUE AS WELL.
AND IT'S STRANGE THAT WE HAVE.
THE CHAMBER ARGUING THAT I
GUESS THE RIGHT TO SUE IS IS THE
ONLY METHOD BY WHICH THESE
THINGS SHOULD BE RESOLVED.
BUT WE HAVE SEXUAL HARASSMENT
PROBLEMS WE HAVE PROBLEMS WITH
RETALIATION WE HAVE PROBLEMS
WITH.
THE MOST VULNERABLE OF OUR
WORKFORCE NOT BEING ABLE TO AND.
TOPROMOTE THE RIGHTS AND SO AM
I RESPECTFULLY ASK FOR AN AYE
VOTE IF WE'RE SERIOUS ABOUT
PROTECTING WOMEN IN THE
WORKPLACE.
THANK YOU.
THANK YOU THE MOTION IS DO PASS
AS AMENDED DO APPROPRIATIONS
PLEASE CALL THE ROLL STONE
CUNNINGHAM.
CUNNINGHAM NO CHAO.
CHAU AYE CHIU. WEBER.
HOLDEN.
KALRA.
KALRA AYE KILEY MAIENSCHEIN.
MAIENSCHEIN I REYES.
THAT.
BILL IS UNCLE.
I SEE ASSEMBLY MEMBER RODRIGUEZ
IS HERE.
WITH TWO BILLS TO PRESENT AS I
UNDERSTAND IT CORRECTLY.
.
AT YOUR PLEASURE WHICH EVERY
LIKE TO PRESENT FIRST.
OKAY AGO HAD ENOUGH PRESENT A.
B. NINETEEN TWELVE.
THAT IS FILE ITEM ONE.
MISTER CHAIR MEMBERS I'M HERE TO
PRESENT A.
AB NINETEEN TWELVE LAST YEAR
CALPERS REDUCED
THE RETIREMENT BENEFITS OF
ALMOST TWO HUNDRED EMPLOYEES OF
THE SANGHA REVELLI HUMAN
SERVICES CONSORTIUM AJP AFTER
ITS SOLE SOURCE OF REVENUE WAS
TERMINATED. AND THE JPA BECAME
INSOLVENT.
WHEN CITIES OF AZUSA COVINA
GLENDORA WEST COVINA.
THAT CREATED THE JPA SAID THAT
THEY WERE NOT RESPONSIBLE FOR
THE JP'S OBLIGATIONS.
CALPERS WAS FORCED TO CUT THE
PAY PENSIONS OF THE JP EIGHT
RETIREES BY UP TO SIXTY THREE
PERCENT.
LAST YEAR MY COMMITTEE ASSEMBLY
PERSON COMMITTEE AND THE SENATE
PUBLIC EMPLOYEES RETIREMENT
COMMITTEE DISCUSS THIS AMONGST
MANY OTHER ISSUES.
SINCE SINCE THEN WE HAVE FOUND
OUT THAT THERE'S ABOUT A HUNDRED
AND SIXTY
XTO ON OTHER JP HAYES THAT
CONTRACT WITH CALPERS AN UNKNOWN
NUMBER. THAT CONTRACT WITH OTHER
PUBLIC PENSION SYSTEMS
WHERE THE PROBLEM COULD HAPPEN
AGAIN THAT WOULD EFFECT AT LEAST
TWENTY FIVE THOUSAND EMPLOYEES
AND RETIREES.
THIS BILL WILL PROVIDE
RETIREMENT SECURITY TO THE.
EMPLOYEES AND RETIREES
OF A JPA BY REQUIRING THAT
MEMBER AGENCY BE JOINTLY AND
SEVERALLY LIABLE FOR THE JP'S
RETIREMENT OBLIGATIONS.
WHICH WILL APPLY TO EXISTING AND
FUTURE CONTRACTS.
AND ALSO REQUIRED THAT THE
RETIREMENT LIABILITY BE
APPORTIONED AMONG THE JP HAYES
MEMBER AGENCIES.
I MET SOME WITH WITH SOME OF THE
POINTS TO HEAR THEIR CONCERNS
AND RESPONSE AMENDED THE BILL
LAST WEEK TO CLARIFY LIABILITY.
AND APPORTIONMENT OF RETIREMENT
OBLIGATIONS.
I MOURN STAND AT THEIR MORE WORK
NEEDS TO BE DONE ON THIS BILL TO
CLARIFY A FEW THINGS LIKE
LIABILITY. APPORTIONMENT CIVIL
ACTION BY CALPERS AND THE TIMING
OF THE SUBJECTS.
AND TEND TO WORK.
WORK ON THOSE TO DO SO WITH ME
TODAY IS TERRY BERNARD OF SEIU
AND MISSANDEI MASSA WHO WAS
INEFFECTIVE IMP RETIREE OF THE
EAST SAN GABRIEL VALLEY JPA.
ALONG WITH OTHERS IN SUPPORT.
FIRST WITNESS IN SUPPORT PLEASE.
I HAVE MAYES CHAIRMAN MEMBERS
TERRY BROWN AND THE HAVE ON
BEHALF OF.
SEIU CALIFORNIA FIRST LET ME I
APOLOGIZE IT'S HANDY MAYES THAT
COULDN'T BE HERE.
ONE OF THE AFFECTED EMPLOYEES
WHO GOT HER RETIREMENT.
CUT BY.
MORE THAN FORTY PERCENT TO
NEARLY FORTY PERCENT OF SHE WAS
ABLE TO GAINFULLY FIND
EMPLOYMENT AND UNABLE TO LEAVE
HER POSITION TO COME UP AND
TESTIFY.
BUT SHE'S ONE OF THE LUCKY ONES.
SHE'S STILL WORKING.
AND LET ME THINK STAFF FOUR
DAYS A ANALYSIS IT'S VERY
THOROUGH IT IDENTIFIES A COUPLE
OF THE ISSUES WE'RE STILL
WORKING ON WITH CALPERS AND.
DEALING WITH THE.
DIFFERENCE BETWEEN JOINT AND
SEVERAL AND A PORTION MAN AND I
THINK THERE'S.
OF.
WASTE TO DEAL WITH THAT WE'RE
TALKING WITH THE.
AUTHORS OFFICE IN CALPERS ABOUT
HOW TO.
.
I'M.
RECTIFIED THAT THE CONFLICT.
.
AND.
WE'VE HAD THIS AS
THE ASSEMBLY MEMBER MENTIONED
MEETINGS WITH.
OPPOSITION AND AFFECTED PARTY
PARTY SUCH AS CALPERS.
A EVERYONE AGREES
THAT.
WE DON'T WANT TO BE IN A
POSITION.
WHERE THE DISSOLUTION OF A JPA?
MEANS MEMBERS RETIREMENT
DISAPPEAR.
IT'S WHAT HAPPENED IN THE SAN
GABRIEL ALMOST TWO HUNDRED
MEMBERS.
SO OTHER RETIREMENT CUT TO SIXTY
PERCENT OF WHAT THEY.
THOUGHT IT WAS GOING TO BE OR
WHAT THEY WERE ACTUALLY
RECEIVING IN THE IN THE INSTANCE
OF PEOPLE WHO WERE ALREADY
RETIRED.
HAVING SAID THAT THE OPPOSITION
IS BROUGHT NOTHING FORWARD TO
SOLVE THIS PROBLEM.
WORDS ARE CHEAP.
ACTIONS MEAN SOMETHING WE'VE
AMENDED THE BILL WITH THE HELP
OF.
YOUR STAFF STAFF IN THE PURSE
COMMITTEE.
TO MAKE SOME ACCOMODATIONS.
BUT THEY STILL ARGUE
THAT A PLACES SUBSTANTIAL
BURDENS AND IS UNWORKABLE.
AND AND ELSEWHERE STATE THAT
IT'S VERY DIFFICULT TO DO IT IT
CAN'T BE BOTH.
AND WE KNOW IN FACT IT IS
WORKABLE.
BECAUSE CALPERS ALREADY DOES
THIS THERE ARE SEVERAL JPA HE'S.
THAT HAVE CONTRACTED WITH
CALPERS AND A PORTION
LIABILITIES AMONGST OUR MEMBER
AGENCIES.
SO IT'S NOT UNWORKABLE AND YES
IT'S DIFFICULT BUT IT'S FAR LESS
DIFFICULT THAN SURVIVING AND
SIXTY PERCENT OF WHAT YOU
THOUGHT YOU WERE GONNA GET IN
RETIREMENT.
THERE'S ALSO A CONSTITUTIONAL
ARGUMENT MADE BY THE LEAGUE
CALIFORNIA CITIES.
THAT SO TORTURED LAUGHABLE THAT
IT WASN'T EVEN RECOGNIZED BY
THIS COMMITTEE A PRIOR COMMITTEE
OR THE JUDICIAL.
LEGISLATIVE COUNSEL WHEN THEY
WERE DOING THE DRAFTING.
WITH THAT I THINK.
POLITICS CLOSE BY SAYING.
WE DON'T WANT THIS TO EVER
HAPPEN AGAIN.
WE WANT TO MAKE SURE THAT I AM
GOING FORWARD IT'S NOT GOING TO
HAPPEN CALPERS HAS CHANGED THEIR
PROCEDURES ANY NEW JP A FULL BE
REQUIRED TO. APPORTION THEIR
LIABILITY OR ACCEPT.
JOINT AND SEVERAL LIABILITY
THIS IS FOR THE.
SOMEWHERE BETWEEN TWENTY AND
THIRTY. MEMBERS OF THE EXISTING
JP HAYES WHO ARE NOW AT RISK IF
THE SAME THING HAPPENS TO THEM
THAT HAPPENED IN THE SAN GABRIEL
VALLEY.
WITHOUT A OR TRITE THOUGH THANK
YOU.
THANK YOU OTHER WITNESSES IN
SUPPORT.
JOSH WHAT LOCAL WITH THE
AMERICAN FEDERATION OF STATE
COUNTY AND MUNICIPAL EMPLOYEES
IN SUPPORT.
ACTUALLY MARTINEZ ON BEHALF OF
THE SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL ONE
THOUSAND AND STRONG SUPPORT.
THANK YOU ANYONE ELSE IN
SUPPORT.
SEEING NONE IS THERE OPPOSITION
.
CHAIR AND MEMBERS OF THE
COMMITTEE A DILLON GIVENS WITH
THE CALIFORNIA SPECIAL DISTRICTS
ASSOCIATION IN OPPOSITION TO THE
BILL.
.
I WAS OUT IS GONNA AFFECT YOUR
OF FAKING THE AUTHOR FOR HIS
WILLINGNESS TO WORK WITH US AND
TRY AND.
FIND SOME WORKABLE SOLUTIONS
AND WE HOPE TO CONTINUE IN THOSE
EFFORTS LIKE TO THINK TERRY FOR
HIS KIND WORDS.
.
WHEN WHEN WE'RE LOOKING AT THIS
BILL RELATED TO GPAS.
GOING FORWARD.
GPAS FORMED.
THIS POINT GOING FORWARD
LEGISLATION IS UNNECESSARY
CALPERS IS ALREADY TAKEN
ACTIONS.
THAT WOULD REQUIRE.
SOME FORM OF LIABILITY PRIOR TO
JPA SIGNING A CONTRACT.
HOWEVER ARE CONCERNED IS
RELATED TO THE RETROACTIVITY OF
THE LEGISLATION.
AND APPLYING. ACCRUED
LIABILITIES THAT VICTORY ACCRUED
OVER THIRTY PLUS YEARS.
TO.
MEMBERS OF THE JPA WHO AY
NEVER HAVE JOINED TO JPA HAD.
THOSE LIABILITIES BEEN ASSIGNED
TO THEM.
THIS BUT ALSO ASSIGNED Y.
BELIEVES TWO MINUTES FORMER
MEMBERS HAVE A JPA SO THEY
RENTED JPA. THEY LEFT DURING NO
TIME WITH THEIR REMEMBER THAT
GPA DO THEY HAVE ANY OF THOSE
LIABILITIES YET NOW AFTER
LEAVING THE GPA. BIG LIABILITY
WAS ACCRUED DURING THAT TIME
WOULD BE APPORTIONED BACK TO
THEM.
.
ADDITIONALLY WE BELIEVE THAT
THIS LEGISLATION WILL ACTUALLY
RESULT IN THE CLOSURE.
OF NUMEROUS GPAS THROUGHOUT THE
STATE WHEN PROVIDED THE THE
OPTION OF ACCEPTING LIABILITY.
NOW AND GOING FORWARD.
THEY'RE GOING TO CHOOSE TO NOT
ACCEPT THAT LIABILITY. OF THE
JPA WILL HAVE NO OTHER OPTION
WOULD WHEN THEY'RE WITH CALPERS
OTHER THAN TO.
TERMINATE THEIR CONTRACT AND
PAY OUT THERE ACCRUED LIABILITY.
ENTERING INTO THE TAP FUNDED AT
CALPERS AND THE JPA WILL BE
ELIMINATED.
THOSE LIABILITIES UNDER THIS
LAW WOULD WOULD BE ASSIGNED TO
THOSE MEMBER AGENCIES.
A HOWEVER THEY WOULD ACCRUE NO
ADDITIONAL LIABILITY BECAUSE THE
CONTRACT WOULD BE CLOSED.
THERE FOR THE COMMUNITIES THAT
ARE BEING SERVED BY THOSE GPAS
WITH WOULD LOSE OUT ON THOSE
SERVICES WHILE SOME OF THOSE
SERVICES MAY BE PICKED UP BY
SOME OF THEM THE MEMBER
AGENCIES.
THAT THE REASON THEY FOR THE
JPA WAS TO PROVIDE THOSE
SERVICES IN A MORE COST
EFFECTIVE. AND EFFICIENT MANNER.
CLUB SO.
WHILE.
THIS BILL IS A SIGNIFICANT
CHALLENGE
FOR OUR AGENCIES TO.
ADDRESS AND BE ABLE TO PORTION
THAT LIABILITY AND. AND I I HAVE
CONFIDENCE THAT THE THE AUTHOR.
IS GOING TO WORK ON THAT THE
LANGUAGE IN THE BILL WE
UNDERSTAND THAT THERE WAS SOME.
ISSUES WITH DRAFTING AND AND
GETTING IT DONE QUICKLY IN ORDER
TO BE PREPARED FOR THIS
COMMITTEE. I WE DO UNDERSTAND
THE INTENT OF THE AUTHOR WITH
THAT.
HOWEVER WE DO BELIEVE THAT THIS
WILL RESULT IN A REDUCTION OF
SERVICES.
TO THE COMMUNITIES THAT ARE
SERVED BY GPS.
THANK YOU NEXT WITNESS BUT STAFF
ARE GOOD MORNING MISTER CHAIR
MEMBERS DOROTHY JOHNSON THE
CALIFORNIA STATE ASSOCIATION OF
COUNTIES ALIGN MY COMMENTS ABOUT
WITH MY COLLEAGUES FROM THE
SPECIAL DISTRICTS BUT. MAYBE
ONCE A PERSON FOR MOST OUR GOALS
HERE ARE THE SAME WE DO NOT WANT
TO SEE BENEFITS REDUCED OR
ELIMINATED FOR OUR PUBLICS AS
SERVICE SECTOR EMPLOYEES.
IT'S A CRITICALLY IMPORTANT WAY
THAT WE CAN RECRUIT RETAIN.
LONG TERM EMPLOYEES.
WE SHARE THAT SINGLE WE DON'T
THINK COULD BE ACCOMPLISHED
THROUGH THIS SOLUTION OUT WE
HAVE SHARED WITH THE PRIOR
COMMITTEE A FEW DIFFERENT IDEAS
OF HOW WE CAN.
MAKE SURE THAT GPA OBLIGATIONS
ARE FULLY PAGE SAID THEY FACED
AT THE SOLUTION. THIS DEALS WITH
US SOLUTION SO MUCH OF THE STATE
AUDITOR'S RECOMMENDATION ABOUT
BY TRANSPARENCY EARLIER
NOTIFICATION.
IF THERE'S CHANGES TO THE
FUNDING STATUS.
THAT WOULD NEED TO BE MADE MUCH
MORE APPARENT BUT UNFORTUNATELY
AGAIN.
APPLIES RETROACTIVELY TO GPAS
THAT HAVE ALREADY SIGNED
CONTRACTS
WE WOULD BE AYE BY YOU KNOW MUCH
MORE SUPPORTIVE OF THIS BILL IF
IT WAS APPLYING TO FUTURE
CONTRACTS WHICH CALPERS PUTTING
IN PLACE. UP AGAIN FOR THE
REASONS STATED BY MY COLLEAGUE
WE ARE CURRENTLY OPPOSED THANK
YOU.
THANK YOU.
THE EXTRA SPACE
WHICH CHAIR MEMBERS GREG COOK
REPRESENTING OF THE CALIFORNIA
POWER AGENCY. APOLOGIZE WE HAVE
NOT GIVEN YOUR COMMITTEE A
LETTER NORDIN HAVE DISCUSSED
WITH YOUR STAFF WE HAVE MET WITH
MISTER RODRIGUEZ STAFF. AND.
I WOULD LIKE TO SHARE WITH YOU
A LITTLE ABOUT OUR ORGANIZATION
WERE FIFTY YEARS OLD WE PROVIDE
ELECTRIC SERVER FOR SIXTEEN
COMMUNITIES IN NORTHERN
CALIFORNIA. WE HAVE ONE POINT
FIVE BILLION DOLLARS IN ASSETS.
WE'RE NOT GOING ANYWHERE.
WE WOULD SUGGEST THAT THIS BILL
BE AMENDED TO REQUIRE.
SOMETHING OUR AGENCY HAS ALREADY
DONE A RESOLUTION SIGNED BY ALL
OF ITS MEMBERS THAT A DATE
CERTAIN IN OUR CASE FIFTEEN
YEARS. THESE FUNDS WILL BE FULLY
FUNDED.
NUMBER TWO THAT AN AUDIT BE
CONDUCTED AT OUR EXPENSE.
TO BE SURE. PURSE THAT CALPERS
THAT THAT WE HAVE THE RESOURCES
TO FULFILL THAT RESOLUTION
REQUIREMENT. NUMBER THREE THAT
WE PROVIDE THAT AUDIT ON AN
ANNUAL BASIS TO CALPERS IN
ADDITION TO AN ANNUAL REPORT TO
CALPERS AND HOW WE ARE
PROGRESSING.
AND FINALLY WE SUGGEST THAT THE
BILL BE AMENDED TO.
ADD TO THE WORD.
ASSET TO OF TO MAKE THAT REAL
PROPERTY NOT JUST PROPERTY
BECAUSE OF THE THE VALUE OF REAL
PROPERTY.
WILL STAY IF THERE WERE ANY
PROBLEMS WE'RE NOT GOING
ANYWHERE WE GOT GREAT ASSETS ARE
GOVERNING BOARD IS COMMITTED TO
MAKING THIS WORK OUR AGENCIES
ARE WORKING WITH US VERY
CAREFULLY. AND SO AT THIS POINT
WE UNFORTUNATELY HAVE TO OPPOSE
THE BILL BUT WE LOOK FORWARD TO
CONTINUE TO WORK WITH THE
AUTHOR.
TO SEE IF WE CAN ADD SOME OF
THESE.
SUGGESTIONS WE HAVE TODAY THANK
YOU.
THANK YOU OTHERS IN OPPOSITION
IF YOU COULD JUST GIVE YOUR NAME
AND AFFILIATION PLEASE CHRIST
STAPLING BORDERS ON BEHALF OF
THE CALIFORNIA ASSOCIATION OF
JOINT POWER THIRTIES WE
APPRECIATE THE OPPORTUNITY
CONTINUE OUR STAKEHOLDERS.
PROPOSED.
CHAIRMAN MEMBERS DAVID JONES OF
THE HALF THE CITIES OF BURBANK
PERIOD AND SAN MARCUS IN
OPPOSITION.
MISTER CHAIRMAN MEMBERS OF THE
COMMITTEE PLUG INS OFFICE
REVERSING THE CITY'S A GLENDORA
INDIAN WELLS LA MIRADA LAKE
WOULD PALMDALE RANCHO CUCAMONGA
AND WEST COVINA ALL POST.
MONNING MISTER CHAIRMAN MERCYME
MAGO BEHALF WITH SOUTHERN
CALIFORNIA PUBLIC POWER THIRTY
ALSO OPPOSITION THANK YOU.
GOOD MORNING KURT BLACKBURN ON
BEHALF OF THE CITY OF LOCKING
OUT OF FLINTRIDGE IN OPPOSITION
THANK YOU.
GOOD MORNING GENE HEARST ON
BEHALF OF THE RIVERSIDE COUNTY
BOARD OF SUPERVISORS OPPOSE.
GOOD MORNING REYES INDIVIDUALLY
FOR PRESENTING THE CITIES OF
SENATE TELL FOSTER CITY IN
BELMONT STRONG OPPOSITION.
THANK YOU ANYONE ELSE IN
OPPOSITION.
SEE NOT A BRING BACK THE
COMMITTEE FOR QUESTIONS MISTER
KALRA AND THE MISTER CUNNINGHAM.
THANK YOU MISTER CHAIR. AND
THANK YOU CENTER OF WHO GETS FOR
BRINGING THIS FORWARD. UP I
THINK THIS THE KIND OF
RESPONSIVENESS THAT.
OUR CONSTITUENTS IT CERTAINLY
DOES THAT WORK IN THESE PUBLIC
AGENCIES EXPECT OF US AFTER. WE
SEE SOMETHING THAT PROBABLY NO
ONE EXPECTED I THINK W. WORKING.
AND YOU YOU.
THE ARE DOING YOUR JOB IN PUBLIC
SERVICE AND THAT'S WHAT THOSE
FOLKS ARE READING OF THE JP IS
ARE DOING.
YOU YOU EXPECT TO GET THE OF
THE BENEFITS THAT WERE PROMISED
YOU.
IN AN AND I DON'T THINK THAT WE
SHOULD ABDICATE OUR
RESPONSIBILITY TO WORKERS.
BECAUSE IT HAPPENED IT.
BECAUSE JURISDICTIONS TO BE.
MEMBERS OF JP HAYES AB SERVED
ON LEAST COUPLE DIFFERENT APA'S
IN MY TIME IN OFFICE.
.
AND I ABSOLUTELY UNDERSTAND THAT
THE THAT THIS IS NOT EASY AND
IT'S A COMPLICATED ISSUE. AYE
WHICH AGAIN I FURTHER COMMEND
YOU COULD BRING UP LOWERED
BECAUSE IT'S A VERY COMPLICATED
ISSUE FOR CERTAINLY MANY THE JP
HAYES I GET THAT AND AND. I
APPRECIATE CALPERS DOING THEIR.
DUTY IN THEIR PART IN RESPONDING
SO LEASE PROSPECTIVELY. OTHER
ISSUE WON'T REOCCUR.
BUT THAT THAT DOESN'T MEAN THAT
WE SHOULD SIT IDLY BY.
IN IN TERMS OF DOING TAKING
RETROACTIVE ACTION.
I UNDERSTAND THAT.
THE JURISDICTIONS TO NESTLE
KNOW.
OF OF A POTENTIAL OP GAZE
HOWEVER THEY DO THEY ARE.
AS PART OF THE GPAS.
.
YOU KNOW THEY DO HAVE AN
OBLIGATION TO ENSURE THAT.
THE WORK GETS DONE.
THE WORD DOES GET DONE FOR
THEIR BENEFIT.
AND THAT THE WERE A THEIR
WORKERS ARE WORKING HARD TO MAKE
IT HAPPEN THE. JUST LIKE THE
CITIES OR OTHER JUST EXISTING
CHOOSE.
A TO ENTER THE JP IS WITH THIS
AS UNDERSTANDING THE WORKERS
THEMSELVES ALSO DID NOT CHOOSE.
TO HAVE THEIR BENEFITS SLASH
BECAUSE THEY CHOSE TO WORK IN
PUBLIC SERVICE FOR THE BENEFIT
OF A JPA IT THEY HAD MAYBE THEY
WOULD HAVE DOES NOT WORK FOR
JPA.
AND SO I THINK WE HAVE THE
OPPORTUNITY TO FIX THIS I AGREE
WITH WITH EVERYONE THAT SPOKE ON
BOTH SIDES AND IT IS A
COMPLICATED ISSUE. AND I HOPE
EVERYONE WILL COME TO THE TABLE.
AND AND GOING FORWARD FIGURE
OUT WAYS THAT WE HOPE THAT NONE
OF THE JP IS DISSOLVED.
BUT THAT BEING SAID LET'S HAVE
SOME A CONTINGENCY PLANS IN
PLACE SO THAT.
THOUGH THE WORKERS ARE MADE
WHOLE AND I THINK THAT'S
SOMETHING THAT WITH THIS BILL OF
IT DOES FORCE THAT CONVERSATION
UP FORCE THAT COMPLICATED.
MOOD THAT ARRANGES TO ME MADE
BUT IT'S ABSOLUTELY DOABLE AND I
APPRECIATE YOU BRING THE BILL
FOR IT TO URGE ON THOSE OF THOSE
CONVERSATIONS THING THAT I'M OF
THE BILL.
SO THERE'S A MOTION AND A SECOND
THANK YOU MISTER CUNNINGHAM.
YEAH I JUST HAVE KIND OF A
TECHNICAL QUESTION AYE AYE KNOWS
THE ANALYSIS POINTS OUT THAT IN
SOME PLACES IN THE BILL USES THE
LANGUAGE JOINED SEVERAL
LIABILITY AND OTHER PLACES THE
TALKS ABOUT APPORTIONMENT.
OTHERS ARE VERY DIFFERENT THINGS
WITH VERY DIFFERENT FINANCIAL
IMPLICATIONS FOR THE.
DEPARTING MEMBERS OF THE JPA AS
WONDER IF YOU COULD ADDRESS.
THAT ISSUE PARTICULARLY. A WHAT
IS THE INTENT IS THE INTENT FOR
JOINED SEVERAL HOURS INTENT FOR
ABORTION.
I.
THE BILL STARTED ITS JOINT AND
SEVERAL BECAUSE THAT'S WHAT
CALPERS REQUESTED DETACHED.
THE DORM A LEGAL STANDARD YOU.
ARE FAMILIAR WITH AND IN THE
PROCESS OF TALKING WITH THE
OPPOSITION AND THE JPA FOLKS
PRINCIPALLY.
WE ASKED HIM.
IF IT WOULD BE BETTER IF YOU HAD
A PORTION ANOTHER WORD.
GAS BE REPORTING LET IT TAKE THE
SAN GABRIEL CASE THERE WAS
NINETEEN MILLION DOLLARS OF
UNFUNDED LIABILITY.
IF EACH ENTITY THE SEVEN
PARTICIPATE.
EACH HAD TO REPORT NINETEEN
MILLION OF UNFUNDED LIABILITY ON
THEIR REPORTING.
YOU'RE YOU'RE OVER.
REPORTING THE ACTUAL LIABILITY
SO WE OFFERED UP THE IDEA THAT
YOU COULD.
.
A PORTION THAT AMONGST THE
MEMBERS ESPECIALLY WHEN YOU HAVE
LA COUNTY WHICH WAS THE MAIN
PARTICIPANTS. AND GETTING MOST
OF THE BENEFIT OF THE SERVICES
AND AND FOR US SIX SMALLER
CITIES THAT WERE PART OF IT.
THAT YOU COULD CONTRACT WITH
CALPERS AND A PORTION THAT
LIABILITY IN ACCORDANCE WITH THE
SERVICES YOU WERE GETTING. AS AN
ALTERNATIVE TO DISTRICT JOINT
AND SEVERAL LIABILITY.
AND I THINK THE.
S. IS RIGHTLY POINTED OUT ME
ANALYSIS THE WORDING IS NOT
QUITE CRAFTED.
CLEARLY ENOUGH I THINK THE IDEA
HERE IS YOU COULD EITHER.
CONTRACT FOR.
APPORTIONMENT IN IN THE ABSENCE
OF THAT YOU IT WOULD BE JOINT
AND SELF.
OKAY SO THAT THAT LAST STATEMENT
THAT'S THE INTENT AYE YES.
THANK YOU THAT'S HOPE.
AND ONCE AGAIN STILL ASSUME IN
PROGRESS OF TRYING TO FIGURE
THAT OUT.
BUT THE QUESTION.
COMMENTS.
RIGHT
SEEING NONE.
IS RODRIGUEZ WHO MIKLOS.
OR THANK THE COMMITTEE FOR
TWERKING OUTLINING PROVISIONS
THAT NEED CLARIFICATION I WILL
CONTINUE WORK WITH INTERESTED
STAKEHOLDERS TOWARD ACHIEVING
COMMON GROUND.
AT THE END OF THE DAY IF IT
PUBLIC EMPLOYER CAN JUST WALK
AWAY FROM THE PROMISE OF A
PENSION BECAUSE IT CAN. THAT'S
NOT A PROMISE
MY GOAL AT THIS BILL TO PROTECT.
PRESENT AND FUTURE RETIREES ARE
SPEC THAT'S RIVAL.
THANK YOU SO THERE IS THE MOST
IN A SECOND.
YOU THE MOTIONS TO PASS TO
APPROPRIATIONS.
KALRA PLEASE STONE BY STONE AYE
CUNNINGHAM CHAU.
CHAO AYE CHU WEBER. HOLDEN
KALRA.
KALRA AYE KILEY MAIENSCHEIN
REYES.
THAT BILL IS ON CALL THREE ZERO
SO WE WILL.
TAKE UP WHEN WE GET MORE MEMBERS
BACK.
IT'S RUBIO OH I'M SORRY
DESCRIBING WHAT I ONE MORE
BALLOTS BE THAT HERE. ITEM
NUMBER ELEVEN THIS AB TWENTY
SEVEN FOR LIKE THIS BATH.
THE GO AHEAD.
MISTER CHAIR MEMBERS ON IT BEGIN
BY ACCEPTING THE MEMONS AS
PROPOSED ANALYSIS AND THINK
COMMITTEE STAFF FOR THE
THOUGHTFUL WORK IN THIS BILL
THANK YOU.
AB TWENTY SEVEN THIRTEEN THE
POINT MEASURE IN THE FIGHT
AGAINST WORKPLACE SEXUAL
HARASSMENT CURRENTLY THE STATE
LACKS A CENTRALIZED SYSTEM FOR
REPORTING ATTRACTING.
OF SEXUAL HARASSMENT COMPLAINTS
STATE AGENCIES.
THIS BILL OR CREDIT SYSTEM AND
REQUIRED THE EQUAL EMPLOYMENT
OPPORTUNITY OFFICER IN EACH
STATE AGENCY AN APARTMENT TO
REPORT. THE NUMBER OF SEXUAL
HARASSMENT COMPLAINTS RECEIVED
BY STATE EMPLOYEES AS WELL AS
THE MOTTO OF MONEY PAID TO
SEVERAL COMPLAINTS.
THE BILL ALSO REQUIRES CALORIE
CHART IN THE DEPARTMENT OF FAIR
EMPLOYMENT AND HOUSING TO
COLLECT INFORMATION FROM STATE
AGENCIES AND REPORT TO THE
LEGISLATURE AND PUBLIC.
TRANSPARENCY GREAT ABOUT THIS
LEGISLATION UNABLE THE STATE TO
IDENTIFY PATTERNS OF MISCONDUCT
AND ELIMINATE ABUSE AND
INAPPROPRIATE BEHAVIOR. WITH ME
TO TEST FUND SPORT AS DORY
STEDMAN REGISTERED NURSE AT RJ
DOT OF ITS STATE PRESIDENT AND
MEMBER SEIU LOCAL ONE THOUSAND.
THANK YOU FIRST WITH US PLEASE
GOOD MORNING MISTER CHAIRMAN AND
COMMITTEE MEMBERS MY NAME IS
DORRIE STAT MEN AND I AM A
MEMBER LEADER AT SEIU LOCAL ONE
THOUSAND.
MY UNION REPRESENTS NINETY SIX
THOUSAND STATE EMPLOYEES I AM A
REGISTERED NURSE AT RJ DONOVAN
STATE PRISON AND I'M HERE TODAY
ON BEHALF OF LOCAL ONE THOUSAND
TO EXPRESS OUR STRONG SUPPORT
FOR. A BI TWO SEVEN THIRTEEN.
NO EMPLOYEE SHOULD FACE
DISCRIMINATION IN THE WORKPLACE
INCLUDING SEXUAL HARASSMENT.
YET THE SAD REALITY IS THAT MEN
AND WOMEN ACROSS CALIFORNIA ARE
SUBJECTED TO THIS INAPPROPRIATE
AND PERVERSE BEHAVIOR AT WORK.
WE MUST ELIMINATE ALL FORMS OF
DISCRIMINATION AND ESPECIALLY
SEXUAL HARASSMENT BECAUSE PEOPLE
SHOULD FEEL SAFE IN THEIR
WORKPLACE.
SEXUAL HARASSMENT WHICH LEFT IT
WHICH LEFT IF I IF LEFT
UNCHECKED.
CAN LEAD TO ABUSIVE ENVIRONMENT
WHERE THE PERPETRATOR IS
PROTECTED BUT THE EMPLOYEE IS
NOT.
AS A REGISTERED NURSE AT RJ
DONOVAN PRISON IN SAN DIEGO AND
A UNION STEWARD I HAVE HAD
SEVERAL OF OUR UNION MEMBERS
COME TO ME FOR HELP BECAUSE THEY
WERE BEING SEXUALLY HARASSED AT
WORK.
SOMETIMES I FEEL POWERLESS
BECAUSE IT DOESN'T APPEAR THAT
ANYONE IS BEING HELD
ACCOUNTABLE.
THE MANDATORY REPORTING SYSTEM
REQUIRED IN AB TWENTY SEVEN
THIRTEEN WILL ASSESS THE STATE
THE LEGISLATURE AND THE PUBLIC
WITH IDENTIFYING PATTERNS OF
MISCONDUCT ACROSS ALL STATE
AGENCIES THROUGH A CENTRALIZED
SYSTEM FOR TRACKING COMPLAINTS
OF SEXUAL HARASSMENT.
BY TRACKING THESE COMPLAINTS IN
A CENTRALIZED MANNER THIS STATE
CAN IDENTIFY PATTERNS OF ABUSE
PINPOINT WORKPLACE CULTURES THAT
FOSTER INAPPROPRIATE BEHAVIOR
AND ASSESS GAPS IN TRAINING.
WITH THIS INFORMATION WE BELIEVE
THE STATE OF CALIFORNIA CAN BE
THE LEADER AND CREATING A MODEL
OF SAFE WORKPLACE ENVIRONMENT.
ON BEHALF OF LOCAL ONE THOUSANDS
NINETY SIX THOUSAND MEMBERS I'D
LIKE TO THINK ASSEMBLY MEMBER
RODRIGUEZ FOR AUTHORING THIS
IMPORTANT BILL AND I
RESPECTFULLY ASK FOR YOUR
SUPPORT.
IT IS TIME WE GIVE A VOICE TO
VICTIMS OF SEXUAL HARASSMENT
THINK YOU.
THANK YOU NEXT WITNESS WITH GOOD
MORNING MISTER CHAIRMAN ACTUALLY
MARTINEZ WITH THE SEIU LOCAL ONE
THOUSAND HERE TO ANSWER ANY
QUESTIONS.
THANK YOU.
YOUR CHAIR MEMBERS JOSH WIGGLE
CHO WITH THE AMERICAN FEDERATION
OF STATE COUNTY AND MUNICIPAL
EMPLOYEES ON BEHALF OF OUR TO
STATE BARGAINING UNITS UNIT
SIXTEEN UNIT NINETEEN WE ARE
ALSO PROUD TO CO SPONSOR THIS
BILL.
THANK YOU YOU KNOW SINCE SUPPORT
IF YOU UST GIVE YOUR NAME AND
AFFILIATION PLEASE RENEE BAYARDO
IS HERE YOU CALIFORNIA ALSO IN
SUPPORT.
THANK YOU.
SURE INVESTMENT ON BEHALF OF THE
CONSUMER ATTORNEYS OF
CALIFORNIANS SUPPORT.
MICHAEL YOUNG WITH THE
CALIFORNIA LABOR FEDERATION ALSO
HERE SUPPORT.
TECHNICAL MARQUEZ WITH WORK SAFE
IN SUPPORT.
BRUCE SOBRE TAUPE SANTA CLARA
COUNTY WHICH THAT COALITION IN
SUPPORT.
EDWARD ESCOBAR LINES FOR
INDEPENDENT WORKERS IN SUPPORT.
THANK YOU ANYONE ELSE AND
SUPPORTS.
SEEING NONE IS THERE OPPOSITION.
CUBA BRING IT BACK TO THE
COMMITTEE THEN AND WE DO HAVE A
MOTION AND.
A SECOND QUESTIONS COMMENTS FROM
COMMITTEE MEMBERS.
SEEING NONE MISTER RODRIGUEZ
MAKEUP OUR SPORT ROUTES RIVAL
THANK YOU THANK YOU.
MOTION IS TO PASS IS AMENDED TO
APPROPRIATIONS KALRA PLEASE
STONE BY STONE AYE CUNNINGHAM
CHAU.
CHAU AYE CHU WEBER. HOLDEN.
HOLDEN I KALRA.
KALRA AYE KILEY. MAIENSCHEIN
REYES.
THAT IS FOUR ZERO WILL PLACE A
BILL ON CALL. SO WE GET MORE
MEMBERS THANK YOU ALRIGHT.
THAT WAS RUBIO.
WELCOME ITEM NUMBER NINE AB
TWENTY SIX NINETY FOUR.
THANK YOU MISTER CHAIRMAN BIRDS
AND TODAY I AM PRESENTING AB
TWENTY SIX NINETY FOUR WHICH
WILL. ONE NO LONGER ALLOW
COUNTIES TO REQUIRE DOMESTIC
VIOLENCE SURVIVORS APPLYING FOR
A TEMPORARY RESTRAINING ORDER TO
NOTIFY THE ALLEGED PERPETRATOR
AND ADVANCE AND TO WOULD PERMIT
THE COURT TO ALLOW AN
ALTERNATIVE METHOD.
OF SERVICE IF AT THE TIME OF THE
TAROT HEARING THE COURT
DETERMINES THAT PETITIONER HAS
BEEN UNABLE TO ACCOMPLISH
PERSONAL SERVICE.
I WOULD LIKE TO THINK THE CHAIR
COMMITTEE STAFF AND OUR EXPERTS
FOR WORKING WITH. MY STAFF ON
THE AMENDMENTS TO THIS BILL.
MANY OTHER STATES HAVE STOOD
BEHIND THE BEAT DOMESTIC
VIOLENCE SURVIVORS BY PASSING
LEGISLATION SIMILAR TO WHAT I AM
PROPOSING. AND IT IS TIME
CALIFORNIA FOLLOWED SUIT.
IT TAKES A LOT FOR A PERSON TO
GET OUT OF AN ABUSIVE
RELATIONSHIP AND WE NEED TO DO
MORE TO ENSURE THAT WHEN
SURVIVORS GAIN THE ABILITY TO
LEAVE THEIR ABUSERS. WE ARE
THERE TO SUPPORT THEM.
BY MAKING THE PROCESS SURVIVORS
OF DOMESTIC VIOLENCE CAN ACCESS
HEROES EASIER WE WILL NOT ONLY
ENCOURAGE MORE SURVIVORS TO
LEAVE THEIR ABUSERS BUT WE WILL
ALSO HINDERED THE ABUSERS
ABILITY TO CAUSE THEM FURTHER
HARM.
HERE WITH ME TODAY IS CHANGED
OVER AND BENEFIT GOMEZ FROM UC
IRVINE DOMESTIC VIOLENCE CLINIC
TO TESTIFY ABOUT THE URGENT NEED
FOR THIS BILL.
THANK YOU AND YOUR TAKING THE
AMENDMENTS AS OTHERS ABOUT.
YES INDEPENDENT YOU
FIRST WITNESS PLEASE.
GOOD MORNING MISTER CHAIR AND
MEMBERS MY NAME IS VANESSA GOMEZ
AND I AM A CERTIFIED LAW STUDENT
INTERN IN THE DOMESTIC VIOLENCE
CLINIC AT UC IRVINE SCHOOL OF
LAW.
OVER THE COURSE OF THE LAST TWO
YEARS I HAVE OF IT ADVOCATED
UNDER THE SUPERVISION OF FACULTY
ON BEHALF OF CLIENTS WHO
SUFFERED EXTREME. PHYSICAL
EMOTIONAL MENTAL AND FINANCIAL
ABUSE.
AND SEEKING COURT ORDER
PROTECTION FROM THIS ABUSE MANY
OF THESE CLIENTS FACE SOME
SIGNIFICANT HURDLES IN
CALIFORNIA'S LEGAL SYSTEM.
CURRENT LINE SOME CALIFORNIA
COUNTIES REQUIRES THAT THE
MASSIVE VIOLENCE VICTIMS PROVIDE
ADVANCE NOTICE TO THEIR ABUSERS
BEFORE FILING FOR A TEMPORARY
RESTRAINING ORDER TARA. IN A
SURVEY OF THE FIFTY CALIFORNIA
COUNTIES CONDUCTED BY OUR CLINIC
THE NOTICE REQUIREMENTS VARY
FROM A MINIMUM FOUR HOURS TWENTY
SEVEN HOURS PRIOR TO HEARING.
JUDGES CAN WAIVE THE NOTICE
REQUIREMENT FOR GOOD CAUSE BUT
JUDICIAL APPROACH IS VERY
AMPUTATION OURS ARE GENERALLY
UNDER WHERE THEY GOOD CAUSE
EXCEPTION EXCESS.
OUR CLIENTS PARENTS NOTICED
ISSUES FIRSTHAND WHEN
REPRESENTING OUR CLIENTS.
IN ASSISTING MY VERY FIRST
CLINIC CLIENT I SAT FOR HOURS
WITH HER IN THE COURTHOUSE AS
OUR CELL PHONE RANG IN THE
SLEEVE WITH CAL CALLS FROM HER
ABUSER AFTER SHE GAVE. HIM
NOTICE OF HER INTENDED TARA
REQUEST
SHE SHOOK FROM HEAD TERROR AND
WATCH THE DOOR IF YOU'RE OVER
THE COURSE OF THESE LONG FOUR
HOURS. ALL THE WHILE TERRIFIED
THAT HE WOULD ATTEMPT TO TAKE
THE CHILDREN FROM HER MOTHER'S
HOME NOW THAT SHE THOUGHT HE HAD
BEEN NOTIFIED THAT SHE WAS AT
THE COURTHOUSE.
MORE RECENTLY OUR CLIENT J.
AFFECTS SUFFERED REPEATED
REPETITIOUS SEVERE ABUSE
INCLUDING HORRIFIC BRUISING A
BLACK EYE AND A MISCARRIAGE FROM
AND LESS BLOWS HER STOMACH.
WHEN FILING A PETITION FOR ITS
HERO THE JUDGE REQUIRED US TO
PROVIDE FOREIGN NOTICED HER
CLIENTS ABUSER. PERCENT ORANGE
COUNTY'S LOCAL RULES EVER FIGHT
REFUSE TO FIND THE CAUSE FOR
WAVING NOTICE.
AFTER GIVING NOTICE OUR CLIENTS
EXPORT FOR RESPONDED THAT HE WAS
NOT COMING TO COURT. ANY HAD
BEEN ALERTED NOW THAT WE WOULD
BE SEARCHING FOR HIM FOR
SERVICE.
REQUIRE VICTIMS SERVER PROVIDE
ADVANCE NOTICE WHEN SEEKING A
TAROT IS PARTICULARLY DANGEROUS
BECAUSE A TIME WHEN A DOMESTIC
VIOLENCE VICTIM LEAVES A
RELATIONSHIP IS THE GREATEST
TIME EVER.
HI AND VIOLENCE AND FATALITY
RECURRENCE SUCH NOTICE ALERTED
USERS US INTO EXACT TIME AND
LOCATION OF WHERE TO FIND THE
VICTIM.
IT ALSO COULD TIP OFF AN ABUSER
AND PUMP PARENTS WANT ABDUCTION
ADDITIONALLY A PROVIDES A TOOL
FOR ABUSERS CHILLER IMMIGRATION
OFFICIALS IN THE EVENT THE
VICTIM DOES NOT HAVE SECURE
LEGAL STATUS IN THE U. S..
IN RESPONSE TO POSSIBLE
CONCERNED ABOUT REMOVING THE
TERROR NOTICE REQUIREMENT IT IS
IMPORTANT TO NOTE THAT MULTIPLE
OTHER STATES HAVE IMPLEMENTED
SUCH MEASURES AND FOUND THEM.
THAT THEY SATISFY DUE PROCESS.
ALSO IT'S HEROES ARE VERY
LIMITED DURATION AND CAN BE
VACATED.
AB TWENTY SIX NINETY FOUR WILL
AMEND THE CURRENT LAW BY
PREVENTING A TAROT FROM BEING
TONIGHT TO VICTIMS SOLELY ON THE
BASIS. OF LACK OF NOTICE TO
RESPOND.
BY REMOVING THESE BARRIERS FOR
DOMESTIC VIOLENCE VICTIMS THE
MANDELA FACILITATED AND
NECESSARY COURT ORDER PERFECT
PROTECTION IN CALIFORNIA I FULLY
SUPPORT AB TWENTY SIX NINETY
FOUR.
THANK YOU NEXT WITNESS PLEASE.
GOOD MORNING MISTER CHAIR AND
MEMBERS MY NAME IS JANE STOVER
AND A LAW PROFESSOR AT THE
UNIVERSITY OF CALIFORNIA. SCHOOL
OF LAW WHERE I TEACH PAMELA AND
DOMESTIC VIOLENCE LAW. AND
DIRECT OUR DOMESTIC VIOLENCE
CLINIC AS A COACH PARA COUNTIES
DOMESTIC VIOLENCE DEATH REVIEW
TEAM.
I'M HERE TO TESTIFY IN SUPPORT
OF AB TWENTY SIX NINETY FOUR ON
BEHALF OF MULTIPLE CLIENTS OF
OUR DOMESTIC VIOLENCE CLINIC FOR
CRITICALLY IMPORTANT ACCESS TO
SAFETY MEASURES. THAT ARE
CONSISTENT WITH NATIONAL
STANDARDS AND INDIAN. AND OR
ADVANCEMENTS
I CAN SPEAK THIS BASED ON MY
EXPERIENCE REPRESENTING ABUSE
SURVIVORS IN CALIFORNIA AND SIX
OTHER JURISDICTIONS AND
CONDUCTING NATIONWIDE RESEARCH.
MINUTE FOCUS MY TESTIMONY ON THE
NEED FOR ALTERNATIVE SERVICE
METHODS.
CLEARLY BE AVAILABLE IN DOMESTIC
VIOLENCE RESTRAINING ORDER
CASES.
CURRENTLY AT THE PETITIONER IS
UNABLE TO PERSONALLY SERVE THE
RESPONDENT WITH THE RESTRAINING
ORDER PETITION AND NOTICE OF
HEARING. SOME COUNTIES LOCAL
RULES REQUIRE THAT PETITIONS BE
DISMISSED AFTER ONLY ONE OR TWO
HEARING DATES.
EVEN THOUGH THE VICTIM SURVIVOR
STILL NEEDS PROTECTION.
EVEN IN COUNTIES WHERE NO SUCH
LOCAL RULE EXISTS JUDGES
COMMONLY DISMISS RESTRAINING
ORDER CASES FOR LACK OF PERSONAL
SERVICE.
AFTER ONLY ONE OR TWO TARA
REASSURANCE SAYS.
BUT DISMISSING CASES IT LEAVING
ABUSE SURVIVORS OF THAT
PROTECTION IS PROBLEMATIC
BECAUSE EVEN WHEN A TEMPORARY
RESTRAINING ORDER OR RESTRAINING
ORDER HAS NOT YET BEEN
PERSONALLY BE SERVED ON THE
RESPONDENT. THE ORDER STILL
PROVIDES IMPORTANT SAFETY
PROTECTIONS
THAT SCHOOLS WORKPLACES AND
OTHERS OBSERVE.
THEREBY PREVENTING RESPONDENTS
FROM ABDUCTING CHILDREN FROM
DAYCARE IS OUR SCHOOLS OR FROM
PAN COMING INTO PROTECTED
LOCATIONS. SUCH AS THE
PETITIONERS WORKPLACE.
WE'VE SEEN THAT REQUIRING
PERSONAL SERVICE HAS BEEN A
SERIOUS PROBLEM FOR MANY OF OUR
CLIENTS BECAUSE ABUSE
PERPETRATOR'S INTENTIONALLY
EVADE SERVICE OR OFTEN DIFFICULT
OR IMPOSSIBLE TO FIND.
YET THE MAKING TENUE STOCKING
THREATENING OR ABUSING
PETITIONERS. AND PRESENTING
UNDERLING DANGER TO THE PARTIES
CHILDREN.
LEVERAGES A COUPLE EXAMPLES FROM
OUR CLIENTS ON HIS BEHALF FOR
HERE.
BILL DOES ENJOY SUPPORT SUPPORT.
YEAH.
ON CHILD ONE EXAMPLE QUESTION
LIKE.
CHARLTON TENURE I'M CHOI CHOICE
THAT SHELLY SOME THAT RUN YOU
PRETTY QUICK. THANK YOU I'M
STILL IT INFORMATION THE
ALTERNATIVE SERVICE PROVISIONS
IN AB TWENTY SIX NINETY POOR
CLARIFY THE AVAILABILITY OF
ALTERNATIVE SERVICE IN DOMESTIC
VIOLENCE RESTRAINING ORDER
CASES.
ARE LINED WITH CALIFORNIA CODE
OF CIVIL PROCEDURE SERVICE
REQUIREMENTS
A CONSISTENT WITH OTHER PORTIONS
OF THE FAMILY WELFARE SAT
STATUTES.
AND MERE THAN MANY OTHER STATES
THAT NGUYEN MAKING ATTENDED
SERVICE AVAILABLE IN DOMESTIC
VIOLENCE RESTRAINING ORDER CASES
FOR YEARS.
I'M DUE PROCESS CONCERNS ARE
FULLY ADDRESSED TO THE BILL AS
WELL AND SUPER ALL OF THESE
REASONS IDENTIFIED IN ON BEHALF
OF OUR CLIENTS WE APPRECIATE
YOUR CONSIDERATION THANK YOU
THANK YOU.
OTHERS IMPORTS.
THING THAT IS THERE ANY
OPPOSITION.
SEEING NONE.
WE DO HAVE A MOTION AND A SECOND
I'LL BRING IT BACK TO COMMITTEE
FOR QUESTIONS COMMENTS FROM
MEMBERS.
ALRIGHT CNN IS REVIEWING THE
CLOTHES I RESPECTFULLY ASK FOR
RIVAL.
THANK YOU.
THE MOTION IS TO PASS AS AMENDED
TO APPROPRIATIONS CALL THE ROLL
PLEASE STONE BY STONE AYE
CUNNINGHAM CHAU.
CHAU AYE CHIU.
WEBER.
HOLDEN.
HOLDEN I KALRA.
KALRA AYE KILEY MAIENSCHEIN
REYES.
SO THAT IS FOUR ZERO IT IS ON
CALL WILL FINISH THAT WHEN WE
GET MORE MEMBERS HERE.
THANK YOU THANK YOU.
MISTER HOLDEN.
OF
GOODNESS KALRA WILL TAKE YOUR
BILL ITEM SEVENTEEN AB TWENTY
NINE.
FORTY SIX
.
SO THIS IS ITEM SEVENTEEN AB
TWENTY OR FORTY SIX MISTER
POWER.
THANK YOU MISTER CHAIR MEMBERS A
AB IN TWENTY NINE FORTY SIX
INCREASES THE STATURE
LIMITATIONS FOR FILING A WORKER
RETALIATION CLAIM FROM SIX
MONTHS TO THREE YEARS. AND HAS
THE ABILITY TO SEEK ATTORNEY'S
FEES FOR PREVAILING EMPLOYEES.
WORKPLACE ITALIAN XIN OCCURS
WHEN A PLAYER'S DISCHARGED
THREATENED WITH DISCHARGED
DEMOTE SUSPEND OR SUBJECT
EMPLOYEES TO ADVERSE ACTION
INCLUDING THREATS OF
DEPORTATION.
FOR EXERCISING THEIR RIGHTS
UNDER THE LABOR CODE.
RETALIATION IS NOT ONLY
PERVASIVE BUT ALSO A GROWING
PROBLEM DID THE CREEK DUE TO THE
CURRENT.
POLITICAL CLIMATE SURROUNDING
IMMIGRATION.
IN FACT AND IT'S TWO THOUSAND
SIXTEEN RETALIATES COMPLETE
REPORT LEGISLATURE THE LABOR
COMMISSIONER STATES THAT THERE
WAS. AT TWENTY TWO PERCENT
INCREASE IN CASE ACCEPTED FROM
TWO THOUSAND AND FIFTEEN AND
THAT'S BEFORE THE CURRENT
CLIMATE OF OPEN INTO A FACT.
OF THIS NUMBER DOES NOT INCLUDE
THE CASE THAT WE'RE NOT BOTHER
VARIOUS REASONS LACK OF
AWARENESS A LINKS LINK THE
STATUE LIMITATIONS.
LOCAL DEFINING LEGAL
REPRESENTATION FILING PAPERWORK
ARE GATHERING EVIDENCE ALL OF
THE NARROW SEA
MONTH WINDOW.
THE DO TO THE CURRENT POLITICAL
CLIMATE IMMIGRANT WORKERS ARE
OFTEN AFRAID TO COME FORWARD
WITH WORKPLACE RETALIATION
CLAIMS FOR A VARIETY OF REASONS.
HOWEVER WHEN THEY DO
ESPECIALLY GIVEN ARE DUE TO LACK
OF AWARENESS THE SOURCE TAX
LIMITATIONS.
THE CLAIM IS NO LONGER ELIGIBLE
TO BE FILED.
FURTHERMORE NEARLY FIFTEEN
HUNDRED VIOLATIONS OF LABOR
COULD ELEVEN NO TWO POINT FIVE
WERE CITED TWO THOUSAND SIXTEEN.
AT THIS VIOLATIONS NOT CURRENTLY
ALLOW FOR ATTORNEYS FEES WERE
BILLING EMPLOYEES.
THE BURDEN OF PAYING ATTORNEYS
FEES CAN BE A DETERRENT FOR OF
WE'VE WORKERS ESPECIALLY THOSE
WHO ARE LOW WAGE. EVEN IF THEY
HAVE.
STRONG CLAIM.
UP AT.
EARLY A BETWEEN NINE FORTY SIX
WILL PROVIDE EMPLOYEES A THREE
YEAR PERIOD OF TIME TO FILE
RETALIATION CLAIM. ALIGNING WITH
THE TIME TO FILE A WAGE CLAIM TO
ELIMINATE ANY CONFUSION.
THE ATTORNEY'S FEE PROVISIONS
PREVAILING EMPLOYEES ENCOURAGES
AND PROTECTS WORKERS WHO BRINGS
TO BRING SUCCESSFUL ACTIONS.
FOR ABUSIVE VIOLATIONS
TODAY WE ALSO HEARD ASSEMBLY
BILL THIRTY EIGHTY ONE BY
ASSEMBLY MEMBER GONZALEZ
FLETCHER WHICH HAS SOME OF
PROVISIONS TO EXTEND THIS TAX
LIMITATIONS RECLAIMS BIXEL
SEXUAL HARASSMENT INCLUDING
THOSE RETALIATION.
AYE AM IN SUPPORT OF THE OF THE
OF OF OF OF THAT MEASURE AS WELL
SHOULD BOTH DOES PASS.
THESE A BE POSITIVE STEPS
TOWARDS PROTECTING WORKERS FROM
UNJUST WORKING CONDITIONS
INCLUDING. THOSE OF SEXUAL
HARASSMENT WHITNEY PROVIDE
SUPPORTING TESTIMONIES BOOTS
OVER TOBE FROM THE SAP I COUNTY
WAGE THAT COALITION.
I'M.
I'M SPEAKING TODAY ON BEHALF OF
FIVE SPONSORS SANTA CLARA COUNTY
WAGE THAT COALITION THAT I
COORDINATE.
I'M ALSO THE SUPERVISING
ATTORNEY OF THE WORKERS RIGHTS
CLINIC AT THE CATHARINE AND
GEORGE ALEXANDER COMMUNITY LAW
CENTER AT SANTA CLARA UNIVERSITY
SCHOOL OF LAW.
THAT THE CLINIC FIVE FOR
PREDOMINANTLY LOW WAGE IMMIGRANT
WORKERS.
WE ALSO PARTNER WITH THE
VIETNAMESE AMERICAN BAR
ASSOCIATION TO HOLD CLINICS ON A
MONTHLY BASIS AND THE FILIPINO
BOB BARR IS WELL WE'VE ALSO
INVESTIGATED RETALIATION CLAIMS
ON BEHALF OF THE LABOR
COMMISSION. IN THE PAST FIFTEEN
YEARS THAT I SUPERVISE THE
CLINIC WE HAVE REPEATEDLY SEEN
WORKERS FIRED FOR ASKING FOR
UNPAID WAGES. AND EVEN ASSAULTED
EMPLOYERS ALSO MADE THREATS OF
DEPORTATION WHEN WORKERS SOUGHT
UNPAID WAGES THIS BILL SEEKS TO
EXTEND THE STATUTE OF
LIMITATIONS FOR RETALIATION.
CLAIMS FROM SIX MONTHS
THREE YEARS CURRENTLY AND
UNJUSTLY IF A WORKER IS NOT PAID
HER WAGES THE STATUTE OF
LIMITATIONS AT THE LABOR
COMMISSION. IS THREE YEARS BUT
IF A WORKER ASKS HER EMPLOYER
FOR HER UNPAID WAGES AND IS
FIRED OR THREATENED WITH
DEPORTATION THE STATUTE OF
LIMITATIONS IS ONLY SIX MONTHS.
THE BILL ALSO SEEKS TO PROVIDE
ATTORNEYS FEES ONLY IN COURT NOT
AT THE LABOR COMMISSION.
FOR WHISTLE BLOWERS UNDER ELEVEN
OH TWO POINT FIVE CURRENTLY AND
UNJUSTLY COURT THE WORKER CAN
OBTAIN
ATTORNEY'S FEES IF SHE PREVAILS
HOWEVER FOR WORKER ASPER WAGES
AND IS FIRED OR THREATENED WITH
DEPORTATION. SHE CANNOT OBTAIN
ATTORNEY'S FEES AND COURT
TO ADDRESS THE PROBLEM OF THEM
FOR YEARS WHO USE DEPORTATION
THREATS TO STEAL WAGES OR ENGAGE
IN UNFAIR IMMIGRATION RELATED
RETALIATION. THE LEGISLATURE
PASSED A B. TWO SIXTY THREE AND
S. B. SIX SIX SIX IN TWO
THOUSAND AND THIRTEEN HOWEVER
DESPITE THE PASSAGE OF THESE
BILLS. RETALIATION CLAIMS
CONTINUE TO INCREASE AND
IMMIGRATION RELATED THREATS OF
DEPORTATION HAVE SEEN A DRAMATIC
UPS
UPSWING.
ACCORDING TO A PUBLIC RECORDS
REQUEST BY A SOUTH BAY NEWSPAPER
AYE SOUTH BAY MEANING AS SAT SAN
JOSE AREA IMMIGRATION RELATED
RETALIATION CLAIMS INCREASE FROM
SEVEN IN TWO THOUSAND AND
FIFTEEN. TO TWENTY IN TWO
THOUSAND AND FIFTEEN AT SIXTEEN
TO NINETY FIVE IN TWO THOUSAND
AND SEVENTEEN IN THE STATE WE
HAVE OBSERVED THAT OUR WORKERS
RIGHTS CLINIC THAT EMPLOYERS ARE
EMBOLDENED IN THIS CURRENT
POLITICAL CLIMATE. IN SEVERAL OF
OUR CASES THE EMPLOYER LEFT
THREATS OF DEPORTATION ON THE
WORKERS VOICE MAIL WENT TO
WORKERS HUSBANDS WORKPLACE TO
MAKE DEPORTATION THREATS AND
THREATS OF LOSS OF HOUSING MADE
REPEATED THREATS OVER THE PHONE.
AND IN ONE CASE THREATENED TO
HAVE THE CLIENT DEPORTED AND
ACTUALLY KILLED.
THE BIGGEST BARRIERS TO WORKERS
AND FILING THESE CLAIMS ARE THE
SHORT STATUTE OF LIMITATIONS AND
DIFFICULTY IN FINDING
REPRESENTATION AT THE LABOR
COMMISSION TO HELP THEM NAVIGATE
THE LABOR COMMISSION PROCESS AND
PROTECT THEM FROM THREATS OF
DEPORTATION.
AND IT'S BEEN A PROBLEM FOR OUR
CLIENTS MOST CLIENTS ARE ON A WE
ARE GOING YEARS ALREADY A SIX
MONTH.
STATUTE OF LIMITATIONS PALM
THOSE OPPOSING THE BILL STATE
THE WORKER HAS THE OPTION OF
GOING TO COURT AYE WEBER MOST.
MOST OUR LAWYERS CAN'T TAKE
THESE CASES IT'S ALSO NOT GONNA
OPEN ANY FLIGHT GATES BECAUSE.
THERE ISN'T ATTORNEY'S FEES
WITH WAGE CLAIM AND THE LABOR
COMMISSION HAS PLENTY OF CASES
THE BILL WILL NOT ONLY HELP
WORKERS FACING THREATS OF
DEPORTATION THAT'LL HELP WORKERS
WHO ARE RETALIATES MANY GET WRAP
UP BECAUSE THEY COMPLAIN ABOUT
AN EQUAL PAY. AND CRITICAL
HEALTH AND SAFETY PROBLEMS IN
THE WORKPLACE THANK YOU.
THANK YOU ANYWHERE ELSE IN
SUPPORT.
THANK YOU MISTER CHAIRMAN
AMBER'S RENEE BAYARDO AS HERE
YOU CALIFORNIANS STRONG SUPPORT.
MICHAEL YOUNG WITH THE
CALIFORNIA LABOR FEDERATION
ROUGHLY OUR SPORT.
VERY GOOD A SHOWER AT THE
CALIFORNIA WOMEN LAWYERS
ASSOCIATION IN STRONG SUPPORT.
SHANE GUSMAN ON BEHALF OF THE
CONSUMER ATTORNEYS IN SUPPORT.
NICOLE MARKETS BUT WORK SAFE AND
STRONG SUPPORT.
AND WOOD ESCOBAR NATIONAL
ADVOCACY ON BEHALF OF WRITER
DRIVERS IN SUPPORT.
AND ALSO IN SUPPORT.
THING NOT THEIR OPPOSITION.
HELLO GOOD MORNING LURE CURTIS
SOME HALF THE CALIFORNIA CHAMBER
OF COMMERCE THANK YOU SO MUCH
SIMPLY MEMBERS FOR THE
OPPORTUNITY TO TESTIFY TODAY WE
ARE HERE IN OPPOSITION TO TWENTY
NINE FORTY SIX. WHICH WOULD
PROVIDE A ONE SIDED ATTORNEY FEE
PROVISION TO INCENTIVIZE FURTHER
LITIGATION I'M ESSENTIALLY
THROUGH THE JEALOUSY PROCESS A
MISTER KELLY WILL DISCUSS WITH
THE BLOWER AND CLAIMS IT GENERAL
I WANNA FOCUS ON WHISTLEBLOWER
CLAIMS. WITH REGARD TO LABOR
CLOSED REPRIEVE LABOR CODE
RETALIATION PROVISIONS.
AS DISCUSSED BEFORE THE DEAL I
SEE IS THAT THE DEPARTMENT OF
LABOR STANDARDS ENFORCEMENT
ENFORCES THE LABOR CODE AND
WITHOUT THE EMPLOYEE CAN EITHER
GO THROUGH THE JEALOUSY PROCESS
OR THEY CAN GO THROUGH CIVIL
COURT. IT'S ESSENTIALLY A CHOOSE
YOUR OWN ADVENTURE IT IS NOT
ADMINISTRATIVE REMEDY WHERE THEY
HAVE TO GO THROUGH ONE OR THE
OTHER. AND THE D. LSE AT.
INVESTIGATOR WALKS THEM THROUGH
THE ENTIRE PROCESS ESSENTIALLY
HOLDING HANDS OF THE EMPLOYEE
IT'S VERY EMPLOYEE FRIENDLY
WHEREBY FOR THE EMPLOYER THEY'RE
NOT PROVIDED A.
RIGHT TO A TIMELY AND FAIR
TRIAL THEY ARE ACTUALLY NOT
USUALLY GIVEN A HEARING THEY DO
NOT HAVE THE OPPORTUNITY TO
PRESENT EVIDENCE THEY ARE SIMPLY
A PART OF AN INVESTIGATION WHERE
BY THE LABOR COMMISSIONER MAKES
A DETERMINATION. WITH ADDING THE
ONE SIDED ATTORNEY'S FEES THE
SUPERIOR COURT ACTUALLY IS THE
ONE THAT.
IMPOSES THE WORK BUT THE LABOR
COMMISSIONER'S JUDGMENTS SO THE
SUPERIOR COURT IF THE LABOR
COMMISSIONER WERE TO GIVE A
JUDGMENT SAYING THAT YOU KNOW
THAT I AM RECOVERY SHOULD BE
GIVEN TO THE PLAINTIFF IN
ADDITION TO THAT THEY SHOULD BE
NOW PROVIDED ATTORNEYS FEES
UNDER TWENTY NINE FORTY SIX. THE
SUPERIOR COURT IS THE ONE THAT
ENFORCES THAT JUDGMENT AND
THEREFORE THERE WOULD BE NOTHING
STOPPING THEM FOR PROVIDING
THESE ATTORNEYS FEES WITH RATE
WITHIN.
REGARDS TO AB TWENTY NINE FORTY
SIX SO WHAT ACTUALLY WOULD MAKE
THE JEALOUSY PROCESS MORE
LITIGIOUS IF THE EMPLOYEE WANTS
TO GO THROUGH CIVIL COURT AND
OBTAIN ATTORNEY'S FEES THAT'S A
DIFFERENT ROUTE. ADDITIONALLY
UNDER THIS THAT ADDITION MISTER
MCKINLEY WILL TOUCH ON THIS BUT
THERE ARE REQUIREMENTS FOR AND
IF AN EMPLOYEE IS A
WHISTLEBLOWER AND IS TAKING IT
THESE TYPE OF CLAIMS. IN THE
BENEFIT OF THE PUBLIC THEY CAN
ALSO SEEK ATTORNEY'S FEES UNDER
CIVIL PROCEDURE CODE TEN TWENTY
ONE POINT FIVE AND AND FOR THESE
REASONS AMONGST OTHERS AND WE
ARE IN OPPOSITION TO THIS THANK
YOU SO MUCH.
IF YOU MIX WITH.
I MISTER CHAIR CHRIS MCKAY WE ON
BEHALF OF THE CALIFORNIA
AMBULANCE ASSOCIATION ARE I WANT
TO KNOW FIRST THAT. OF THE
EGREGIOUS EXAMPLES THAT THE.
SPONSOR CITED DO WE IN NO WAY
CONDONE THAT SORT OF ACTIVITY.
AND MANY IN THE BUSINESS
COMMUNITY OVER THE LAST FEW
YEARS HAVE WORKED VERY
DILIGENTLY AND STATE EFFORTS TO
COMBAT WAGE THEFT.
INCLUDING THEN SENATE PRESIDENT
PRO TEM DE LEóN JUST BE FIVE
EIGHTY EIGHT LAST YEAR. CENTER
HERTZBERG DID SP THREE OF SIX
ALL OF WHICH ATTEMPTED TO ADD
ADDITIONAL POWERS TO OUR STATE
LABOR COMMISSIONER TO. A COMBAT.
WAGE THEFT I WOULD ALSO NOTE
THAT WE DON'T HAVE ANY ISSUE
WITH THE. EXTENSION OF THE
STATUTE OF LIMITATIONS BUT AS
MISS CURTIS AND I INDICATED I
THINK OUR FUNDAMENTAL CONCERN
IS.
THAT BY ADDING ATTORNEY'S FEES
WE ARE GONNA MAKE A RATHER
EMPLOYEE E. FRIENDLY DE LSE
ADMINISTRATIVE PROCESS. LESS
APPEALING BECAUSE OF THE
OPPORTUNITY TO OBTAIN ATTORNEY'S
FEES.
IF YOU LOOK AT SUBDIVISION J.
WHICH ADDS THIS AND THE LANGUAGE
TALKS ABOUT A SUCCESSFUL ACTION
AND ONE OF THE QUESTIONS THAT WE
HAVE RAISED.
IS WHAT DOES SUCCESSFUL ACTION
MEAN DOES THAT MEAN RECOVERY.
OF ONLY A DOLLAR OR SOMETHING
LIKE THAT.
AND IS A MISS CURTIS MENTIONED I
THINK FUNDAMENTALLY ALTHOUGH
THIS IS.
VIEWED AS PERHAPS A WAGE IN OUR
CLAIM OF THIS IS APPLICABLE
ACROSS THE BOARD TO ALL ALLEGED.
UNLAWFUL CLAIMS WHICH IS VERY
EXPANSIVE IN THE END SO FOR
THOSE REASONS WE ARE OPPOSED
THANK YOU.
OTHER THAN OPPOSITION.
YOU CAN GIVE YOUR NAME AND
AFFILIATION PLEASE.
DAVE BUT REPRESENTING NINETY
CHAMBER ADVOCACY NETWORK
COALITION OF LOCAL CHAMBERS OF
COMMERCE TURN THE SECOND A
MARKETPLACE IN OPPOSITION.
THEY FIND BORDERS ON BEHALF OF
THE FAMILY BUSINESS ASSOCIATION
OF CALIFORNIA AND THE CALIFORNIA
ASSOCIATION OF GREAT POWER
THIRTY SUPPOSED.
DOROTHY JOHNSON THE CALIFORNIA
STATE ASSOCIATION OF COUNTIES IN
OPPOSITION.
THIRTY YEARS OF THE CALIFORNIA
LEAGUE FOOD PRODUCERS IN
OPPOSITE.
IF YOU OTHERS OPPOSE.
SINGH NANDA BRING IT BACK TO
THEIR COMMITTEE FOR. QUESTIONS
OR COMMENTS.
I WAS SHOCKED MISTER KAYLEE THAT
YOU LEFT MY WHICH THAT BILL OFF
OF YOUR LIST.
THAT'S OUR.
NO QUESTION IT COMES FROM
COMMITTEE MEMBERS ALRIGHT NICK.
WE DO HAVE A MOTION.
THEIR SECOND AND A SECOND THANK
YOU.
SCORING MIKLOS.
THANK YOU MISTER CHAIRMAN AND
MEMBERS.
IN OF THE.
THE ASPECT OF THAT.
THE RESERVE OPPOSITION TO HIS
ATTORNEYS FEES. PORTION LET'S
KEEP IN MIND ITS ATTORNEYS LIKE
ONE TO MY LEFT THE OTHER ONES
WERE TALK ABOUT THERE ISN'T
THERE IS A A LINE EVEN FOUR. IF
WE CONSIDER THE WAGE THEFT.
BOB CLAIMS THAT ALLOWS FOR
ATTORNEYS FEES ARE IS ALL LINED
UP OF ATTORNEYS LINING UP FOR
THOSE CLIENTS THE REALITY IS
THAT YOU HAVE LAW CLINICS.
NONPROFITS A LOT FOUNDATIONS
WHAT HAVE YOU THAT TAKE THOSE
CLIENTS AND THE ABILITY FOR THEM
TO BE ABLE TO REPRESENT MORE
WORKERS IS ENSURING THAT AT
LEAST THERE COST CAN BE COVERED
FOR.
AND SO THE FEARS THAT THEY'RE
SOMEHOW GOING TO BE SOME
INDUSTRY CREATED LOOKING SEEKING
OUT WAGE THEFT CLAIMS AS IF
SOMEHOW THAT'S GOING TO BE.
SOME PROFITABLE ENDEAVOR IS
JUST FALSE AND SO I APPRECIATE
THE CHAIR'S RECOMMENDATION AND
AND I APPRECIATE THE MOST ON THE
FLOOR AND PERSPECTIVE THAT'S
WHEN I BUT.
THANK YOU THE MOTION IS TO PASS
TO APPROPRIATIONS CALL THE ROLL
PLEASE STONE BY STONE AYE
CUNNINGHAM CHAU.
CHAU AYE CHIU WEBER. HOLDEN.
HOLDEN I KALRA AYE KALRA AYE
KILEY MAIENSCHEIN REYES.
THAT BILL IS ON CALL. IT THE
CURRENT VOTE IS FOUR ZERO.
WE'LL TAKE IT UP AGAIN WE HAVE
MORE MEMBERS.
BONTA.
WELCOME WILL GO TO ITEM NUMBER
SEVEN AB TWENTY THREE SIXTY SIX.
THANK YOU MISTER CHAIR THINKING
COLLEAGUES AND STAFF FOR THE
OPPORTUNITY TO PRESENT AB TWENTY
TH THREE SIXTY SIX TODAY ONE
FIRST THANK THE COMMITTEE AND
STAFF FOR ALL YOUR HARD WORK
THANK YOU.
THEY ARE ON THIS BILL AND WILL
BE TAKING ALL THE PROPOSED
AUTHOR AMENDMENTS TODAY.
IN A TIME IN WHICH TO ME TOO
MOVEMENT HAS TAKEN
CENTER STAGE IT IS
OVERWHELMINGLY CLEAR THAT WE
MUST DO MORE TO.
ATTACK AND SUPPORT SURVIVORS OF
SEXUAL HARASSMENT CALIFORNIA
MUST AND CAN.
SET THE BAR HIGHER.
EXTENDING EMPLOYMENT PROTECTIONS
TO SURVIVORS OF SEXUAL
HARASSMENT IS A COMMON SENSE
MUCH NEEDED NEXT STEP TO
ENSURING A SAFE ENVIRONMENT FOR
ALL. A BE TWENTY THREE SIXTY SIX
WOULD GIVE SURVIVORS OF SEXUAL
HARASSMENT THE ABILITY TO ACCESS
JOB PROTECTED LEAVE ALREADY
AVAILABLE. FOR SURVIVORS OF
DOMESTIC VIOLENCE SEXUAL ASSAULT
OR STOCKING.
ADDITIONALLY THE BILL WOULD
ALLOW FAMILY MEMBERS TO ACCESS
THE SAME PROTECTIONS IF A LOVED
ONE HAS EXPERIENCED SEXUAL
ASSAULT SEXUAL HARASSMENT
STALKING AND OR. DOMESTIC
VIOLENCE THAT THEY CAN HELP
THEIR FAMILY MEMBER ACCESS
CRITICAL SERVICES THIS IS
PARTICULARLY IMPORTANT FOR
SURVIVORS WHO ARE MINORS.
AND MAY NOT HAVE ACCESS TO
TRANSPORTATION OR WHO NEED
SUPPORT GOING TO A COURT HEARING
FOR EXAMPLE.
TO BE CLEAR THIS BILL DOES NOT
CREATE ADDITIONAL PAID TIME OFF.
IT SIMPLY SAYS THAT SEXUAL
HARASSMENT SURVIVORS AND
IMMEDIATE FAMILY MEMBERS CAN
CLAIM THE PAID TIME OFF ALREADY
OFFERED TO THEM BY ʑIR
EMPLOYER OR. TAKE UNPAID TIME TO
DEAL WITH THE TRAUMA THEY HAVE
ENTERED.
THERE ARE EMPLOYER SAFEGUARDS
AND VERIFICATIONS IN THIS BILL
IN WHICH A SURVIVOR AND THEIR
IMMEDIATE FAMILY MEMBER MUST
PROVIDE PROOF FOR THEIR ABSENCE
FOR EXAMPLE A COURT RECORD A
POLICE REPORT. OR A DOCTOR'S OR
A COUNSELOR'S NO.
IT'S TIME FOR CALIFORNIA TO LEAD
THE WAY FOR SEXUAL HARASSMENT
SURVIVORS AND THEIR LOVED ONES
TO ENSURE THAT THEY ARE
SUPPORTED. IN THEIR TIME OF NEED
I RESPECTFULLY ASK FOR AN AYE
VOTE ON AB TWENTY THREE SIXTY
SIX
WITH ME TODAY I HAVE TWO
WITNESSES KITTY WATCH IT
ATTORNEY LEGAL AID AT WORK. AND
CHRISTINE SMITH PUBLIC POLICY
COORDINATOR CALIFORNIA
PARTNERSHIP AND.
THANK YOU FIRST WITNESS PLEASE.
GOOD MORNING MEMBERS MY NAME IS
KATIE WHICH IT NAMED ATTORNEY
WITH LEGALLY NETWORK A NONPROFIT
THAT ADVOCATES ON BEHALF OF THE
RIGHTS OF LOW WAGE WORKERS. I'M
HERE IS THE PROUD SPONSOR OF AB
TWENTY THREE SIXTY SIX AND.
DRIVE OUT THIS BILL IS
NECESSARY TO BREAK THE SILENCE
THAT TOO OFTEN SURROUND
SURVIVORS OF DOMESTIC VIOLENCE
SEXUAL ASSAULT SEX HARASSMENT.
AND STALKING BY EMPOWERING THEM
TO SEEK THE HELP THAT THEY NEED
IN A IN A TIME OF VERY SERIOUS
NEED WITH THE SUPPORT OF THEIR
FAMILY. AND WITHOUT THE RISK OF
LOSING THEIR JOB OR FACING
SHAME.
AT LEGALLY TO WORK WE HAVE A
HELP LINE FOR SURVIVORS OF
SEXUAL ASSAULT DOMESTIC VIOLENCE
IN THESE ISSUES AND WE RECEIVE
CALLS FROM SURVIVORS AND THEIR
FAMILY MEMBERS FAR TOO OFTEN.
I'M JUST THE OTHER WEEK WE WE
RECEIVED THE CALL FROM.
SOMEONE WHO IS WORKING AT A
SMALL RESTAURANT WHERE SHE WAS
BEING SEXUALLY HARASSED.
SHE WAS AFRAID BUT SHE TOLD HER
EMPLOYER AND HER EMPLOYER TOLD
THIS PERSON TO STOP HARASSING
HER. BUT THEN SHE WAS STILL
EXPECTED TO COME IN THAT NEXT
DAY AND WORK IN THAT SMALL
CONFINED SPACE WITH HER
HARASSER.
BUT THIS HAD DEEPLY IMPACTED HER
AND SHE WAS NOT READY TO GO BACK
SHE NEEDED TO BE ABLE TO TAKE
TIME. TO GET THE THERAPY THAT
SHE NEEDED SO THAT SHE COULD
COME BACK AND CONTINUE AS A
PRODUCTIVE WORKER IN THIS
POSITION.
AB TWENTY THREE SIXTY SIX WOULD
HAVE GIVEN HER THE RIGHT TO DO
THAT IT WOULD HELP MANY OTHER
SURVIVORS TO. OBTAIN THE HELP
THAT THEY NEED WITH THE SUPPORT
THAT THEY NEED SO THAT THEY CAN
CONTINUE AYE IN THEIR
EMPLOYMENT.
THANK YOU NEXT WITNESS PLEASE
CHAIRMAN STERN TO MEMBERS OF THE
COMMITTEE THANK YOU FOR HEARING
MY TESTIMONY TODAY IN SUPPORT OF
AB TWENTY THREE SIXTY SPECS MY
NAME IS CHRISTINE SMACKED WITH
THE CALIFORNIA PARTNERSHIP AND
DOMESTIC VIOLENCE A SUPPORTER OF
THIS IMPORTANT BELL.
THE PARTNERSHIP IS A STATEWIDE
DOMESTIC VIOLENCE COALITION
REPRESENTING TWO HUNDRED
ORGANIZATIONS SERVING DOMESTIC
VIOLENCE SURVIVORS. THEIR
FAMILIES AND COMMUNITIES ALL
ACROSS CALIFORNIA.
ACCORDING TO THE CALIFORNIA
WOMEN'S HEALTH SURVEY
APPROXIMATELY FORTY PERCENT OF
CALIFORNIA WOMEN EXPERIENCE
PHYSICAL INTIMATE PARTNER
VIOLENCE IN THEIR LIFETIMES.
A STUDY DONE BY LEGAL AID AT
WORK FOUND THAT NEARLY FORTY
PERCENT OF SURVIVORS IN
CALIFORNIA REPORT EITHER BEING
FIRED OR FEAR TERMINATION DUE TO
DOMESTIC VIOLENCE.
THE PREVALENCE OF DOMESTIC
VIOLENCE SEXUAL ASSAULT SEXUAL
HARASSMENT AND STALKING IN THE
UNITED STATES AND SPECIFICALLY
CALIFORNIA HAS A HARMFUL EFFECT
ON THE ABILITY OF SURVIVORS TO
MAINTAIN EMPLOYMENT. AND
FAMILIES TO MAINTAIN ECONOMIC
STABILITY.
A SURVIVOR FROM THE BAY AREA
ASKED ME TO SHARE HER STORY WITH
YOU.
AT THE AGE OF NINETEEN CHOOSE
PHYSICALLY ABUSED
STOCKED AND HARASSED BY HER EX
PARTNER.
HE WOULD APPEAR OUT HER WORK
PLEASE AND ROSS ARE FRIENDS.
HER THERAPIST RECOMMENDED A
DOMESTIC VIOLENCE RESTRAINING
ORDER BUT IT WAS THE FIRST TIME
SHE HER SIBLINGS AND HER FRIENDS
EVEN HEARD OF A RESTRAINING
ORDER.
THIS IS NOT SOMETHING THEY TEACH
YOU IN SCHOOL OR EVEN FROM YOUR
PARENTS.
BUT THOUGH HER SIBLINGS WERE
UNSURE OF HOW TO HELP. THEY'RE
WILLING TO OFFER HER ANY SUPPORT
SHE NEEDED.
COMPLETING THE DOMESTIC VIOLENCE
RESTRAINING ORDER FORM WAS
TRAUMATIZING
SHOULD NEVER BEEN IN COURT
BEFORE AND COMBINED WITH FACING
HER EXCUSE ARAGON SHOES FILLED
WITH FEAR AND ANXIETY.
ON THAT DAY THOUGH HER SIBLINGS
ATTENDED COURT WITH HER.
BECAUSE OF THEIR PHYSICAL
PRESENCE SHE DIDN'T FEEL ALONE
AND SHE FELT EMPOWERED TO SPEAK
FOURTH BEFORE THE JUDGE.
THE JUDGE GRANTED HER THE
DOMESTIC VIOLENCE RESTRAINING
ORDER AND SHE BELIEVES THAT THIS
WOULD NOT HAVE BEEN POSSIBLE
WITHOUT HER SIBLINGS EMOTIONAL
SUPPORT.
HOWEVER FOR MANY SURVIVORS WHO
BENEFIT FROM THE SUPPORT OF A
FAMILY MEMBER ATTENDING COURT OR
OTHER APPOINTMENTS WITH THEM.
THOSE FAMILY MEMBERS ARE
CURRENTLY UNABLE TO TAKE OFF
TIME FROM WORK AND FACE BARRIERS
TO SUPPORTING THE SURVIVORS THAT
THEY CARE ABOUT.
PASSING AB TWENTY THREE SIXTY
SIX WOULD ALLOW FAMILY MEMBERS
TO ARTS THIS JOB PROTECTED LEAVE
AND ACCOMMODATIONS TO PROVIDE
ASSISTANCE TO DOMESTIC VIOLENCE
SURVIVORS SEEKING RELIEF OR
OTHER. FOURTEEN SERVICES AND
COUNSELING RESPECTFULLY REQUEST
YOUR ABOUT.
THANK YOU ANYONE ELSE AND
SUPPORTS.
GIVE YOUR NAME AND AFFILIATION
GOOD MORNING CHRISTENDOM SECOND
BEHALF OF THE NATIONAL
ASSOCIATION OF SOCIAL WORKERS
CALIFORNIA CHAPTERS IN SUPPORT.
VERY GOOD ISHIHARA WITH THE
CALIFORNIA EMPLOYMENT LAWYERS
ASSOCIATION IN SUPPORT.
SHANE GUSMAN ON BEHALF OF THE
CONSUMER ATTORNEYS IN SUPPORT.
NICKEL MARKETS WITH WORK SAFE IN
SUPPORT.
RUTH SOBRE TOBE SANTA CLARA
COUNTY WAGE STUFF COALITION IN
SUPPORT.
ANYONE ELSE AND SUPPORTS.
ARCING NONE OPPOSITION
.
HI GOOD MORNING AGAIN MORE
CURTIS WITH CALIFORNIA CHAMBER
OF COMMERCE AND THANK YOU SO
MUCH AGAIN FOR THE OPPORTUNITY
TO TESTIFY TODAY WE ARE HERE IN
OPPOSITION TO AB TWENTY THREE
SIXTY SIX BUT WE DO WANT TO
THANK THE AUTHOR IN HIS OFFICE
FOR ALL THIS TIME SPENT WITH. US
I'M REGARDING THIS BILL AND WE
ARE WE SEE THAT THERE ARE SOME.
AMENDMENTS THAT ARE GOING TO BE
MOVING FORWARD AND WE APPRECIATE
THAT WE DO STILL HAVE SOME
CONCERNS THAT I WOULD LIKE TO
MENTION TODAY. AND THAT AS FAR
AS OUR UNDERSTANDING ARE NOT
GOING TO BE WITHIN THE
AMENDMENTS AND FIRST AND
FOREMOST THERE'S A PROVISION
REGARDING CONFIDENTIALITY THIS
SEXUAL HARASSMENT IS DIFFERENT
THAN SEXUAL ASSAULT. OR STOCKING
OR ANY OF THE OTHER PROVISIONS
BECAUSE THIS DOES HAPPEN IN THE
WORKPLACE EMPLOYERS ARE REQUIRED
BY THE DEPARTMENT OF FAIR
EMPLOYMENT HOUSING TO CONDUCT A
THOROUGH INVESTIGATION WHICH
REQUIRES INTERVIEWING THE
WITNESSES AND OTHER INDIVIDUALS
WITHIN. THE EMPLOYMENT ROWMAN SO
THEREFORE THE EMPLOYER CANNOT
GUARANTEE CONFIDENTIALITY OF AN
IMPLICATION. OF AN EMPLOYEE WHO
IS TAKING TIME OFF FROM WORK
BECAUSE OF SEXUAL HARASSMENT AND
ADDITIONALLY THE EMPLOYER WOULD
BE IN VIOLATION OF THE HOT THEY
DID NOT CONDUCT AN INVESTIGATION
OUR CONCERN IS THAT IF AN
EMPLOYEE WHO TAKES TIME OFF. AND
THAT IS THAT TAKES HIM OFF IN
THE EMPLOYEE CANNOT CONDUCT THE
INVESTIGATION BECAUSE THE
EMPLOYER WOULD THEN BE AN
IMPLICATION OF WAGING OUR
VIOLATIONS IF YOU ARE ASKING
OVER AN INDIVIDUAL QUESTIONS. OF
OR REQUESTING THAT THEY COME
INTO THE OFFICE FOR AN
INVESTIGATION THAN THERE ARE
WHICH OUR A VIOLATIONS AS WELL
AS.
FMLA AND OTHER CIFRA VIOLATIONS
THAT WOULD OCCUR AND SO THERE IS
KIND OF THAT ISSUE HOW DO YOU
CONDUCT A THOROUGH INVESTIGATION
MOM PLAYS OFF ON PROTECTED THE.
ADDITIONALLY THERE ARE EXTENDING
THE LEAVE TO FAMILY MEMBERS IS
ALSO EXTREMELY BURDENSOME ON AN
EMPLOYER BECAUSE IT WOULD EXTEND
THIS PROTECTION TO IMMEDIATE
FAMILY MEMBERS AND THERE'S NO
NOTICE REQUIREMENT FOR THESE
FAMILY MEMBERS ARE FOR IF YOU
WANTED TO TAKE OFF TIME OFF
BECAUSE YOUR SISTER I'D. AND
BUSINESS EIGHT WAS SEXUALLY
HARASSED AND THEN YOU LET YOUR
EMPLOYER KNOW THAT YOU ARE
TAKING TIME OFF BECAUSE YOUR
SISTER IS WAS HARASSED YOUR
EMPLOYER AT EMPLOYMENT BE WITH
AND HAVE TO PROVIDE YOU THAT
PROTECTED TIME OFF WITHOUT ANY
REQUIREMENT THAT THERE BE A
COURT DOCUMENT ANY SORT. OF
NOTICE REQUIREMENT FROM A
MEDICAL PROVIDER SO ACTUALLY THE
FADE FROM OUR PLANE READING OF
THE LANGUAGE ACTUALLY PROVIDES
MORE EXTENSIVE PROTECTIONS TO AN
EMPLOYEE AT. AND
OF A FAMILY MEMBER THAT'S BEEN
ALLEGEDLY HARASSED OR I'M A
VICTIM OF SEXUAL ASSAULT. AND AM
FINALLY CONCLUSION WITH THAT WE
ARE JUST CONCERNED OF THE
ADDITIONAL LITIGATION BECAUSE
ONCE YOU PROVIDE A PROTECTED
LEAVE THAN ANY ACTION TAKEN ON
THAT EMPLOYEE COULD IMPLICATES.
DISCRIMINATION OR RETALIATION
FOR TAKING THAT PROTECTED TIME
OFF THANK YOU SO MUCH FOR THE
OPPORTUNITY AND WE APPRECIATE.
THANK YOU EXODUS.
MISTER CHAIRED YOU HAVE ANY
PRIOR BILLS IN THIS AREA SO I
DON'T. HAVE ANY MORE OVERSIGHT
EQUIPMENT NOT THAT I CAN THINK
OF OKAY GOOD. WELL HOW AM I IF I
COULD DRAW YOU THE COMMITTEE
MISTER CHAIR YOU IN YOUR MEMBERS
TO THE BOTTOM OF PAGE FIVE OF
THE COMMITTEE ANALYSIS AND
WHICH.
STAFF INDICATES THAT THE
LIKELIHOOD THAT VICTIMS WILL
TAKE TIME OFF FOR LIGHTER
FRIVOLOUS REASONS IS MITIGATED
BY THE FACT THAT AND IMPLORE YOU
MUST PROVIDE CERTIFICATION IT'S
ENTERED CETERA.
LET ME DO IN ADDITION TO MISS
CURTIS'S POLICY CONCERNS LET ME
JUST GO TO THE LANGUAGE AND BUT
BEFORE I DO THAT THINK THE
AUTHOR AND HIS STAFF FOR. TAKING
A NUMBER OF THE AMENDMENTS THAT
WE.
HAVE WORKED ON A WITH HIM AND
HIS STAFF BUT LET ME POINT OUT
TO ISSUES THEN BASED UPON THAT.
IN SUBDIVISION ONE AN
EMPLOYEE HAS TO PROVIDE
REASONABLE ADVANCE NOTICE UNLESS
IT'S NOT FEASIBLE.
IT'S AFTER THE FACT
OKAY IN E. TO WHEN AN
UNSCHEDULED ABSENCE OCCURRED
THEN WITHIN A REASONABLE TIME
AFTER THAT ABSENCE THEN THE
CERTIFICATION IS REQUIRED.
WE'D LIKE TO SEE SOME ADVANCE
CERTIFICATION.
BUT AND THAT'S WHAT THIS COMMENT
IN YOUR ANALYSIS ALLUDES TO BUT
AGAIN THE CERTIFICATION. ONLY
OCCURS AFTER THE FACT.
AND THEN ALSO IN SITU DEALING
WITH THE FAMILY MEMBER.
WE HAD SOME CONCERNS ABOUT THE
BREATH OF THE DEFINITION FOUND
IN THE BILL THE AUTHOR HAS
REFERENCE SECTION TWO FORTY FIVE
POINT FIVE. TO DEFINE A FAMILY
MEMBER WHICH IS ACTUALLY
BROADER.
I THINK THAN WHAT WAS CONTAINED
IN THE PRIOR VERSION OF THE BILL
BUT SUCH BUDGET TO SAY I THINK
THE CONCERN WITH THE FAMILY
MEMBER IS. THERE'S NO
DOCUMENTATION THERE.
SO THIS IS A SECONDARY EMPLOYER
THE ONE EMPLOYEE I SUFFERED
SEXUAL HARASSMENT.
DOMESTIC VIOLENCE SEXUAL ASSAULT
CETERA FOR THE FAMILY MEMBER.
THEY CAN TAKE THAT LEAVE AND
THERE'S NO CERTIFICATION OR
DOCUMENTATION RELATED TO THAT
LEAVE FOR THAT SECOND EMPLOYER
SO WE'D LIKE TO SEE SOME
CERTIFICATION THERE. AND SOME
CLARIFICATION IN SITU OR
ACTUALLY SEE ONE FOR THE ADVANCE
NOTICE THANK YOU.
THANK YOU.
ANYONE ELSE IN OPPOSITION.
THE CALIFORNIA STATE ASSOCIATION
OF COUNTIES IN OPPOSITION.
THIRTY YEARS OF THE CALIFORNIA
LEAGUE FOOD PRODUCERS IN
OPPOSITION.
IF YOU.
ANYONE ELSE IN OPPOSITION.
SEEING NONE WILL BRING IT BACK
TO THE COMMITTEE.
COMMENTS.
AND IF IT'S A BENEFIT OR A
DETRIMENT AT THE PRESENT TO AN
EMPTY COMMITTEE BUT.
THINK THEY'RE YOU KNOW GET
ALWAYS.
LOTS OF GOOD QUESTIONS SMALLER
THANK YOU FOR BRINGING THIS
FORWARD SOUNDS LIKE THERE ARE
SOME VERY SPECIFIC CONCERNS THAT
MIGHT BE AN AVENUE. TO ADDRESS
FROM THIS COMMITTEE STANDPOINT
THOUGH.
SOMEONE WHO'S GONE THROUGH
TRAUMATIC SITUATION.
NEEDING A BIT OF TIME BIT OF
ENERGY AND A BIT OF SUPPORT
SEEMS TO MAKE A LOT OF SENSE.
I APPRECIATE YOU BRINGING ABOUT.
OKAY AND I AM THAT IS THE MOTION
I'M GOING TO SECOND THAT.
IS WE HAVE SUCH A A LACK OF
MEMBERS.
HAVE A FEELING THIS BILL IS
GOING TO GO ON CALL THAT THE
BUDGET MYKOLA.
THANK YOU MISTER CHAIR THANK YOU
COLLEAGUES JUST WANNA QUICKLY
ADDRESS SOME OF THE POINTS THE
OPPOSITION AND FIRST THANK THEM
FOR FOR THEIR OPEN MINDEDNESS
AND AND THE DISCUSSIONS THAT
WE'VE HAD WHERE WE'RE TRYING TO
FIND PLACES WHERE WE CAN. OUT
WORK TOGETHER WHENEVER POSSIBLE
AND ONE OF THE THINGS THAT THAT
I VOICE SAID AND IT CONTINUES TO
BE MY INTENT TO ADDRESS THROUGH
LANGUAGE PER. PERHAPS FOR THE
NEXT COMMITTEE IS TO ADDRESS AN
EMPLOYER'S DUTY TO CONDUCT AN
INVESTIGATION WE CERTAINLY DON'T
WANT IF INTERFERE WITH THAT WE
DON'T WANT OUR BILL TAT. BECOME
AN OBSTACLE FOR A A BONA FIDE
GOOD FAITH INVESTIGATION SO
WE'RE WE'RE GONNA WORK ON
LANGUAGE TO TO ADDRESS THAT
ISSUE I SAID THAT THE PRIOR
COMMITTEE. I SITTING IN HERE IT
CONTINUES TO BE OUR COMMITMENT
AND WERE WORKING OUT WE WILL
WORK ON LANGUAGE TOGETHER. ON
THE ISSUE OF DOCUMENTATION ARE
WE CONSIDER THAT A A STRONG
SAFEGUARDS IN IN THE BILL TO
HAVE EITHER A. POLICE REPORT OR
AT A COURT DOCUMENT OR A DOCTOR
OR A CANCERS NOTE. THAT IS A IT
IS OUR INTENT THAT APPLY FOR FOR
ANYONE SEEKING RELIEF SO TO THE
EXTENT THERE'S LACK OF CLARITY.
IN THE BILL AS RELATED TO A
SECONDARY EMPLOYER OR FAMILY
MEMBER I WILL WORK TO ADDRESS
THAT SET TO PROVIDE THAT
NECESSARY CLARITY AND FINALLY AT
THE DEFINITION OF FAMILY.
WE THINK IT'S A GOOD DEFINITION
WE THINK THAT IT'S IMPORTANT
THAT THOSE AND INCLUDED IN THE
DEFINITION CHILDREN PARENTS
SPOUSES OR DOMESTIC PARTNERS
GRANDPARENTS.
SIBLINGS THEY ARE ALL ON
DEPENDING ON THE FAMILY WERE
TALKING OFTEN ABOUT A
NONTRADITIONAL FAMILIES
IMMIGRANT FAMILIES LOW INCOME
FAMILIES. THERE THERE ARE
CRITICAL SUPPORT ROLES FREE TO
THOSE MEMBERS OF A FAMILY THAT
CAN REALLY HELP SOMEONE WHEN
THEY'RE A VICTIM OF SEXUAL
HARASSMENT SO.
.
A WHAT WEEK WE THINK THAT'S AN
APPROPRIATE DEFINITION
WITH THAT I THINK YOU FAIR THE
CONSIDERATION THANK YOU FOR YOUR
SUPPORT OF THIS MEASURE
RESPECTFULLY ASK YOUR ABOUT.
THANK YOU. SO THAT MOTION.
IS WERE THERE WITH A DO PASS AS
AMENDED TO APPROPRIATIONS.
CALL THE ROLL PLEASE STONE BY
STONE AYE CUNNINGHAM CHAU. CHIU.
WEBER HOLDEN.
HOLDEN I KALRA.
KILEY MAIENSCHEIN REYES.
IT'S IT'S IT TO THE NOTHING
RIGHT NOW SO. XLC THANK YOU
THANK YOU.
MISTER CHAIRMAN BECAUSE I THINK
YOU STAFF.
THANK YOU.
ITEM NUMBER FOUR AB TWENTY NINE
TWENTY ONE FIFTY NINE.
MORNING.
MORNING MORNING CHECKS.
RIGHT START.
THANK YOU VERY MUCH TARA OF A
BEFORE I BEGIN I'D LIKE TO.
NO DOUBT I WILL BE TAKING OFF
THERE'S AMENDMENT AS DISCUSS
WITH YOUR COMEDIANS AND THANK
YOU VERY MUCH FOR YOUR
COMMITTEE.
STOPPED TO WORKING YUBA WITH US
ON THIS BILL. AND AB TWENTY ONE
FIFTY NINE ATS LAYER OF
PROTECTION FOR SENIORS DURING
THE. O. OKAY XIN INCLUDES
BUSINESS OUR TURN. BUSINESS
TRANSACTIONS ARE CONDUCTED
THROUGH MONEY WIRING SERVICES.
AS TO A BE A MANDATE TO ADDRESS
TO OPPOSITION CONCERNED.
DISPIRITO WORKED ONLY IMPOSE
PENALTIES WHEN A MONEY
TRANSMITTER WILLFULLY THIS NOT
REPORT ELDER. ABUSE
AND IT IT AND THIS CASE ONE
SENIOR IS SCAM INTO WIRING
MONEY.
ADDITIONALLY. IN WORKING WITH A
ASSEMBLY MEMBER KALRA IN HIS TO
A PREVIOUS COMMITTEE. OF DUE TO
DISPEL ES AMENDED CLARIFIED
THAT.
IT IS DO YOU EMPLOYER NOT THE
EMPLOYEES ARE RESPONSIBLE FOR
THIS PRODUCT HIZO THANK YOU VERY
MUCH ASSEMBLY MEMBER KALRA.
FOR WILL FURTHER AB TWENTY ONE
FICTION I WILL EXAMPLES
BUSINESSES
INCLUDES MONEY TRANSMISSIONS IS
NOT OF PRIMARY FUNCTIONS.
THE OF THE SUPERMARKETS OR SOME
OTHER OTHER OUT OF THE OFFICE.
THIS BILL IS NARROWLY FOCUSED TO
PROVIDE AN AVENUE FOR RECOVERY
IN THE BAND A MONEY TRANSMITTER
CONSPIRE TO FINANCIAL EXTORT THE
SENIOR.
GOOD GOOD DEED THE NEED FOR AB
TWENTY WHY FIFTEEN NINE A STAND
FROM. OF A HOW THE BILLION
DOLLAR SETTLEMENT JUST LAST YEAR
BETWEEN A MAJOR MONEY
TRANSMITTER AND THE UNITED
STATES DEPARTMENT OF JUSTICE.
IN THAT CASE SEVERAL AGENTS.
WORKING FOR THE MONEY
TRANSMITTERS WILL COMPLICIT IN
THIS SCAM TO FRAUGHT THOUSANDS
OF CUSTOMERS.
THE DEPARTMENT OF SENT RECOVERY.
OF PETITIONS TO OVER FIVE
HUNDRED THOUSAND POTENTIAL
WRITTEN POTENTIAL VICTIMS.
SENIOR LAW SMOG AND THIRTY SIX
BILLION DOLLARS A YEAR TO ELDER
ABUSE.
FIND ACTUALLY A FRIEND NATIONAL
FRAUD ALONE HUNT FOR THIRTEEN
BILLION DOLLARS
WAS TO CALL THE FUNNIEST SENIOR
POPULATION SET TO YOU CREASE BY.
FOUR MILLION BY THE YEAR OF
TWENTY THIRTY.
THIS IS.
IMPERATIVE TO TAKE LEGISLATIVE
ACTION TO PROTECT THOSE GROWN
SEGMENT IN THE STATE.
PHIL WAS SHOT THE ARE YOU
RESPECTFULLY ASK FOR YOUR AYE
VOTE.
THANK YOU OUT OF ANYONE IS IN
SUPPORT.
NEW ELECT TO SPEAK IN SUPPORT.
I FIGURED.
TRUTH ANDERSON ON BEHALF OF THE
ARCANE UCP CALIFORNIA
COLLABORATION AND SUPPORT.
THANK YOU ANYONE ELSE.
SEEING NONE ANY OPPOSITION
.
CHAIRMAN MEMBERS THE COMMITTEE
MY NAME IS BOB GARCIA I
REPRESENT THE MONEY SERVICES
ROUNDTABLE WHICH IS COMPRISED OF
THE LARGER MONEY TRANSMITTERS.
I HAVE WITH ME THIS MORNING OR
GENERAL COUNSEL BRAD LOUIS WHO
IS THE MANAGING PARTNER. OF
MORRISON AND FOERSTER. BASED IN
DC HE WILL MAKE OUR COMMENTS
FOREST'S.
THANK YOU ABOUT WHAT I PLEASE
THANK YOU.
.
AS AS A SAID I'M COUNCIL OF THE.
MONEY SERVICES ROUNDTABLE ALSO
NOTICED TMS R. T..
I WANT TO THANK THE COMMITTEE
AT TODAY FOR ALLOWING ME TO
TESTIFY AS WELL AS THE COMMITTEE
STAFF FOR ITS TO RUN TO MAKE
SURE SPEAKING ABOUT. SO WE CAN.
I'M.
SO TIM SRT GREATLY APPRECIATES
THE OPPORTUNITY TO EXPRESS ITS
CONCERNS REGARDING AB TWENTY ONE
FIFTY NINE.
I'M.
WE ARE FULLY SUPPORTIVE OF THE
SENTIMENTS THAT ARE BEHIND THE
PROPOSED LEGISLATION WHICH IS
PROTECTING VULNERABLE ADULTS
INCLUDING ELDERLY FROM FINANCIAL
BEERS.
OUR MEMBERS WORK HARD TO CREATE.
A SAFE GLOBAL ENVIRONMENT FOR
CONSUMERS TO USE MONEY
TRANSMITTER SERVICES. WHICH
DEVELOP ROBUST AND COMPREHENSIVE
ANTI FRAUD UP PROGRAMS THAT
EMPHASIZE COOMBS.
CONSUMER EDUCATION AND
AWARENESS.
TRAINING FRAUD MONITORING FRAUD
CONTROLS AND ONGOING.
I COLLABORATION WITH LAW
ENFORCEMENT AUTHORITIES.
AROUND THE WORLD. IN ADDITION
CURRENT LAW CALIFORNIA FINANCIAL
CODE SECTION TWENTY TWENTY FORTY
THREE REQUIRES LICENSE MONEY
TRANSMITTERS IN CALIFORNIA TO
PROVIDE AGENTS.
ON AN ANNUAL BASIS WITH TRAINING
MATERIALS REGARDING ELDER OR
DEPENDENT.
ADULT FINANCIAL APPEARS.
TIM SRT TAKES SERIOUSLY THESE
OBLIGATIONS AND OF DEVELOP AND
ITS MEMBERS HAVE DEVELOPED
ROBOTS TRAINING PROGRAMS AND
MATERIALS TO EDUCATE AGENTS.
ADD TO THE EXTENT REASONABLY
POSSIBLE.
AB TWENTY ONE FIFTY NINE HOWEVER
DOES NOT MATERIALLY ADVANCE THE
GOAL OF PROTECTING THE ELDERLY
FOR FINANCIAL ABUSE IS INDEED
LIKELY TO HARM CONSUMERS.
MONEY TRANSMITTERS OFFER A SAFE
EFFICIENT AND RELIABLE WAY FOR
CALIFORNIA CONSUMERS TO PAY
BILLS OR MAKE OTHER PAYMENTS FOR
BASIC HOUSEHOLD NEEDS.
ADDRESS EMERGENCY. AND SEND
MONEY TO FRIENDS.
AND FAMILY AND AROUND THE WORLD.
JIM A THIRTEEN MEMBERS PROVIDE
THE SERVICES THROUGH A NETWORK
OF INDEPENDENT RETAIL AGENT
LOCATIONS MANY OF WHICH ARE
SMALL COMMUNITY BUSINESSES.
SUCH AS CONVENIENCE STORES.
THEY DO NOT HAVE THE TOOLS ARE
INFORMATION TO BE MANDATED
REPORTER OF ELDER ABUSE.
THEY DO NOT HAVE RELATIONSHIPS
WITH CUSTOMERS AND I CAME TO THE
RELATIONSHIP OF THE CLERGY
HEALTHCARE PROVIDERS ADULT
PROTECTIVE.
PERSONAL PROTECTIVE SERVICE
PERSONNEL
DEVELOP.
UNLIKE BANKS MONEY TRANSMISSION
SERVICES ARE PROVIDED ON A ONE
OFF BASIS.
THESE ARE NOT ACCOUNT
RELATIONSHIPS BUILT UP OVER
TIME.
WELL I JUST PLAIN IMPORTANT ROLE
IN HELPING MONEY TRANSMITTERS
FIGHT FRAUD THEY'RE NOT
DETECTIVES.
ONE POTENTIAL OUTCOME OF THIS
LEGISLATION IS THAT AGENTS MAY
AS A PROTECTIVE MANNER.
I REQUIRE IT IDENTIFICATION FROM
ALL CUSTOMERS IN ORDER TO EVEN
ASCERTAIN WHETHER AN INDIVIDUAL
FALLS WITHIN THE COUNTY BOARD OF
ELDERLY PERSON. AND IN TODAY'S
ACT.
DIFFICULT ENVIRONMENT.
THIS MAN IS IN EFFECT
A CUT OFF MONEY TRANSMISSION
FROM A LARGE SEGMENT OF
CALIFORNIA CONSUMERS.
MOREOVER THE PENALTIES ARE
DISPROPORTIONATE AND MAY DRIVE
MANY. CALIFORNIA RETAILERS OUT
OF THE MONEY TRANSMISSION AGENT
BUSINESS.
LEAVING CONSUMERS WITH FEWER
CHOICES AND LESS CONVENIENCE.
WHILE THERE HAS BEEN AN
AMENDMENT THERE WAS AN AMENDMENT
TO STATE THAT IT A WOULD ONLY
APPLY TO BUSINESSES WITH WHICH A
PRIMARY FUNCTION. IS A MONEY
TRANSMISSION IT IS A PRIMARY
FUNCTION NOT THE PRIMARY
FUNCTION AND FOR SMALL
BUSINESSES TO TRY AND ASCERTAIN
WHAT.
PRIMARY FUNCTION MEANS
I ESPECIALLY SMALL. A COMMUNITY
BUSINESSES THAT'S A VERY
DIFFICULT PROPOSITION AND THEY
MAY DECIDE THAT THAT IS TOO
DIFFICULT.
IN ADDITION THE INCREASED
ADMINISTRATIVE COSTS AND RISKS
CREATED BY AB TWENTY ONE FIFTY
NINE TO MONEY TRANSMITTERS. WILL
TRANSLATE INTO INCREASED COSTS
WHICH WILL OF COURSE BE BORNE BY
CONSUMERS.
SIR I NEED YOU TO WRAP UP OKAY.
.
HELLO UNREPORTED FINANCIAL
BUSINESS.
INVOLVING MONEY TRANSMISSION IS
NOT AN UNADDRESSED PARHAM AB
TWENTY ONE FIFTY NINE ONE NIGHT
WHEN LIKELY SPUR A SIGNIFICANT
INCREASE IN MANDATORY REPORTING.
DUE TO THESE RISKS
AND THE SHEER VOLUME OF MONEY
TRANSACTIONS HOW THAT TAKE
PLACE.
FOR THOSE REASONS HIM AS OUR
TEA IS OPPOSED TO AB TWENTY ONE
FIFTY NINE.
THANK YOU.
IT WOULD ALSO OPPOSITION IF YOU
GIVE YOUR NAME AND.
SO YOU'RE MEMBERS SHAME OF THE
OF THE OF THE CALIFORNIA
RETAILERS ASSOCIATION WE HAVE AN
OPPOSING LESMANA POSITION WANT
TO THANK THE AUTHORED STAFF. A
WE WILL BE REMOVING OUR
OPPOSITION A ONE SELLING WHICH
ACTUALLY GOES INTO PRINT THANK
YOU.
THANK YOU ANYONE ELSE.
RIGHT SAY NONE OF BRING IT BACK
TO THE COMMITTEE.
THANK YOU.
I AM GOING TO MAKE THE SECOND ON
THAT THAT BUSH IS TO PASS AS
AMENDED TO APPROPRIATIONS.
THE QUESTIONS FROM COMMITTEE
MEMBERS.
CNN.
AT YOU MAY CLOSE THANK YOU VERY
MUCH CHARLIE.
THIS AMENDMENT THIS ADDRESS
LAWLER PROBLEM WITH THROUGH
RETAILERS. AND TO THE DID TEND
IS TO A ADDED IN ANOTHER LAYER
OF PRINT PROTECTION AND I NOTE
BIG.
IT IF THE.
COULD COSTA MEANT NO NEW MONEY
WIRE TRANSFER COMPANY SOME MONEY
BUT I THINK IT'S WELL WORTH IT.
AND ASK FOR YOUR AYE VOTE.
THANK YOU AGAIN THE MOST IS TO
PASS AS AMENDED TO
APPROPRIATIONS CALL THE ROLL
PLEASE STONE BY STONE AYE
CUNNINGHAM CHAU. CHIU. WEBER.
HOLDEN.
HOLDEN I KALRA.
KILEY MAIENSCHEIN. MAIENSCHEIN
AYE REYES.
THAT BILL IS ON CALL THE VOTE
CURRENTLY IS THREE ZERO.
SO WAS HOLDEN I NEED TO GO OUT
ON AND BE P. ONE OF.
START HERE OR.
WE DON'T HAVE ANY OTHER AUTHORS
CURRENTLY.
SO ITEM NUMBER TWELVE AB TWENTY
SEVEN FORTY SEVEN.
THIS OLD AND AND I ALSO
UNDERSTAND YOUR PRESENT FOR MR
THURMAN'S.
OKAY AND AND IF WE CAN.
GET OTHER THE FOR
OTHER AUTHORS HERE WE STILL HAVE
BILLS FOR COMMITTEE MEMBERS CHU
AND REYES.
FORTY SEVEN.
THANK YOU MISTER CHAIR AND AND
LET ME JUST THANK YOU AND THE
COMMITTEE ON YOUR.
REVIEW OF THIS BILL I
APPRECIATE THE.
OF THE THOUGHTFUL A AMENDMENTS
THAT I THINK IN MANY WAYS MAKES
THE BILL EVEN STRONGER.
AND SO WE WILL BE ACCEPTING THE
COMMITTEE AMENDMENTS THAT ARE
BEFORE YOU.
I INTRODUCED AB TWENTY SEVEN
FORTY SEVEN BECAUSE OF THE.
A PHILOSOPHICAL LYNN'S OF
AMATEURISM REVIEW COLLEGE
ATHLETICS THROUGH HAS OBSCURED
OUR VISION A REALITY.
OUR OLD SURE IDEALIZED CONCEPT
OF AMATEURISM IN COLLEGE SPORTS
IS MYTH. THAT ENABLES THE STATUS
QUO AND CONSEQUENTLY THE NC TO A
TO IMPLEMENT POLICIES THAT HARM
COLLEGE ATHLETICS.
COLLEGE ATHLETES PHYSICALLY
EMOTIONALLY AND FINANCIALLY.
WHEN IMPROVEMENTS HAVE BEEN MADE
OVER THE PAST
TWO DECADES IT DIDN'T HAPPEN OUT
OF THE GOODNESS OF THE NC TO ACE
HEART.
IT'S HAPPENED BECAUSE ATHLETES
AND ADVOCATES FOUGHT FOR
FAIRNESS IN QUESTION THE SYSTEM
THAT X. EXPLOITATIVE.
THIS BILL SEEKS TO GIVE COLLEGE
ATHLETES EVEN MORE TOOLS AND
PROTECTION TO ADDRESS THE
CHALLENGES OR ABUSES THEY MAY
FACE ON CAMPUS.
STUDENT JOURNALISTS AT MICHIGAN
STATE ENDURED ABUSES WHILE THE
ADMINISTRATION STAFF.
THE COACHING STAFF AND TITLE
NINE OFFICE BILL TO ADDRESS IT.
THEN ZERO TO A THROUGHPUT SAN
SAYING IT DID NOT HAVE
JURISDICTION.
WELL THIS WAS A FAR REACHING
TRAGEDY SADLY THESE TYPES OF
ABUSES OF COLLEGE ATHLETES ARE
NOT UNIQUE.
AB TWENTY SEVEN FORTY SEVEN SIX
TO ADDRESS PROBLEMS IN A NEW WAY
BY EDUCATING AND EQUIPPING.
COLLEGE ATHLETES TO BE EVEN
BETTER ADVOCATES FOR THEMSELVES
AND PROTECTING THEM AS THEY DO
IT. THEY REQUIRE SCHOOLS TO
INFORM STUDENTS OF THEIR RIGHTS
WITH DOCUMENTATION AND PUBLIC
SIGNAGE INCLUDING WHO THEY'RE
MANDATED REPORTERS ARE.
IT ALSO PROTECTS STUDENTS BY
PROHIBITING RETALIATION BY
SCHOOLS IF A STUDENT VIOLATES
REPORTS VIOLATIONS OF ANY OF THE
STUDENT ATHLETE. ATHLETE BILL OF
RIGHTS.
THE BILL ALSO SEEKS TO ADDRESS
ECONOMIC PROBLEMS ATHLETES FACE
BY ALLOWING INSTITUTIONS TO
CREATE A TRUST FUND FOR COLLEGE
ATHLETES WHICH ALLOWS THEM TO
RETAIN ANY FUNDS THEY EARN.
UNTIL AFTER THEY GRADUATE.
THE DEGREE COMPLETION FUND AS A
MECHANISM SCHOOLS CONFUSE
TO CREATE AND SHOES HOW IT WILL
BE USED.
OPTIONS FOR POTENTIAL FUNDING
INCLUDE FINANCIAL AWARDS GIVEN
FOR ATHLETIC ACHIEVEMENT.
LIKE OLYMPIC AWARDS REVENUE THE
SCHOOLS MAKE FROM METEORITES AND
ENDORSEMENTS OR STIPENDS IF THE
NC TO A OR COURTS ALLOW THEM TO
BE AWARDED TO ATHLETES.
THIS BILL IS PERSONAL TO ME.
WHILE I STARTED MY JOURNEY
BEFORE I START MY JOURNEY HAS
BEEN PUBLIC SERVICE I PLAYED
COLLEGE BASKETBALL FOR SAN DIEGO
STATE UNIVERSITY.
WHILE THE IN SITU A WAS NOT THE
MULTIBILLION DOLLAR ORGANIZATION
IS TODAY I HAVE FIRST HAND
EXPERIENCE AND KNOW WHAT IT'S
LIKE. TO BE A COLLEGE ATHLETE.
THESE COLLEGE ATHLETES ARE
PUTTING EVERYTHING ON THE LINE
AND RISKING THEIR BODIES.
AND FOR SOME ONE INJURY AWAY
FROM LOSING EVERYTHING.
OTHERS ARE AT THE RISK OF LOSING
IT ALL FOR SPEAKING OUT FOR
THEIR TEAM OR ANY ABUSES THERE
EXPERIENCING US COLLEGE COACHES
HAVE THE POWER. TO KEEP THEM ON
OR OFF THE TEAM.
I THINK THE CHAIR AND COMMITTEE
STAFF FOR THEIR WORK ON THIS
BILL AND ITS AMENDMENTS I
UNDERSTAND THAT THE SEGMENTS
NEED TIME TO CONSIDER THE
AMENDMENTS BEFORE TAKING A
POSITION BUT I BELIEVE. THESE
ADDRESS CONCERNS RAISED IN THE
LAST COMMITTEE AND I WILL
CONTINUE TO WORK WITH THEM AS WE
MOVE FORWARD. A WITH ME TODAY.
AS WITNESS ARE MOGI HOMA. THE
NATIONAL COLLEGE PLAYERS
ASSOCIATION EXECUTIVE RECTOR AND
ERIC HARRIS OF THE AND DOUBLE
ACP.
THANK YOU WITNESSES AND
APART.
GO AHEAD.
GOOD MORNING AT THE NATIONAL
COLLEGE PLAYERS ASSOCIATION THE
SPONSOR AB TWENTY SEVEN FORTY
SEVEN AND ASK THIS COMMITTEE TO
VOTE YES.
I THEN SEE A STATE THAT HAS NO
DUTY TO PROTECT COLLEGE
ATHLETES.
THEN SAY SIMPLY REFUSES TO
ADDRESS PLAYER ABUSE.
AND IT DOES NOT INFORM PLAYERS
OF THEIR RIGHTS.
PLAYERS LIKE UC BERKELEY
FOOTBALL PLAYER TELUGU.
WHO DIED IN A NEGLIGENT WORK
OUT?
THE VIOLATED THE CALIFORNIA'S DO
NOT HIS BILL OF RIGHTS.
PLAYERS THAT INCLUDE THOUSANDS
OF CALIFORNIA COLLEGE ATHLETES
HARM BY WHAT THE NINTH CIRCUIT
RULED.
SHOULD BE AN ILLEGAL AND SEE A
PRICE FIXING SCHEME.
AND IT'S A STUDY FOUND THAT
FORTY PERCENT OR DIVISION ONE
INTO ATHLETES.
DON'T HAVE TIME TO KEEP UP WITH
CLASSES DURING THE SEASON.
YEP BEEN SAY SAYS IT HAS NO DUTY
TO ENSURE A QUALITY EDUCATION
FOR COLLEGE ATHLETES.
WHY SHOULD THE STATE OF
CALIFORNIA FOLLOW THE NCAA'S
LEAD?
WHY SHOULD IT LEAVE ABUSE
PLAYERS AND INFORM INVULNERABLE
TO RETALIATION?
WHILE THE NCA TO PROHIBIT
COLLEGES FROM ESTABLISHING A
DEGREE COMPLETION*
ESPECIALLY WHEN CALIFORNIA CUT
BECAUSE AFTER GRADUATION RATES.
RANK AMONG THE WORST IN THE
COUNTRY.
IT'S EASY TO DISCREDIT FALSE
ARGUMENTS AGAINST A DEGREE
COMPLETION FUN.
BUT A GROUNDBREAKING TWO
THOUSAND SEVENTEEN STUDY FOUND
THAT RACIAL RESENTMENT AGAINST
AFRICAN AMERICANS IS THE PRIMARY
FACTOR FUELING OPPOSITION. TO
INCREASING COMPENSATION FOR
COLLEGE ATHLETES.
THE STATE OF CALIFORNIA SHOULD
NOT ALLOW RACIAL RESENTMENT TO
INTERFERE WITH PROGRESS TOWARD
EQUAL RIGHTS.
AB TWENTY SEVEN FORTY SEVEN CAN
EMPOWER PLAYERS TO END ABUSES.
HOW CALIFORNIA COLLEGES TO SOLVE
GRADUATION RATE PROBLEMS AND
pALLEVIATE RACIAL DISPARITIES?
HOW ABOUT THESE PAPER CHRONIC
SPORTS INJURIES IN ADVANCE
TOWARD ECONOMIC FREEDOMS A
CALIFORNIA? GRANTS TO OTHER SUIT
STUDENTS AND CITIZENS.
IF APPROVED ATHLETES WILL GAIN
PROTECTIONS IN GRADUATION RATES
WOULD SKYROCKET PERIOD.
THEN CPAS FOR YES VOTE THANK
YOU.
HELLO MY NAME IS ERIC HARRIS
SOME WITH THE CALIFORNIA STATE
AND DOUBLE ACP.
AND WE ARE IN FAVOR OF AN AYE
VOTE FOR AB TWENTY SEVEN FORTY
SEVEN.
IT IS IMPORTANT LEGISLATION WILL
VERY MUCH HOPE STUDENT ATHLETES
ESPECIALLY AFRICAN AMERICANS DO
NOT FLEETS.
IT IS CRUCIAL THAT STUDENT
ATHLETES KNOW THEIR RIGHTS
AND HAVE ADVOCATES ON THEIR
BEHALF.
SEVERAL PUBLIC UNIVERSITIES IN
CALIFORNIA GENERATE TENS OF
MILLIONS OF DOLLARS ANNUALLY.
DO THEIR ATHLETIC DEPARTMENTS.
ESPECIALLY AND THE TWO SPORTS
FOOTBALL AND BASKETBALL AND
MEN'S BASKETBALL.
THE TWO HIGHS GENERATING REVENUE
SPORTS IN THE NC DOUBLE A.
ARE HEAVILY POPULATED BY AFRICAN
AMERICAN STUDENT ATHLETES.
AND ALTHOUGH THE PERCEPTION IS
THAT THESE ATHLETES
WE'LL GO ON TO THE PROFESSIONAL
RANKS
LESS THAN TWO PERCENT. OF ALL
COLLEGE ATHLETES IN FOOTBALL AND
MEN'S BASKETBALL MOVE ON TO THE
PROFESSIONAL RANKS.
HIGHER SOCIOECONOMIC CLASSES.
OF STUDENTS OF HIGH SCHOOL
STUDENTS MOVEON TYPICALLY TO
BASEBALL HOCKEY GOLF SOCCER AND
TENNIS.
AND TYPICALLY THOSE ATHLETES
WILL HAVE A HIGH NUMBER OF
ADVOCATES ON THEIR BEHALF.
LOWER SOCIOECONOMIC CLASSES.
STUDENTS IN HIGH SCHOOL.
WELL TYPICALLY GO TO FOOTBALL
AND MEN'S BASKETBALL.
MOST OF THESE PLAYERS ON CAMPUS.
WITH PRO POTENTIAL ARE AFRICAN
AMERICAN.
ACCORDING TO RECENT LEAGUE STATS
SEVENTY EIGHT PERCENT OF NBA
PLAYERS ARE AFRICAN AMERICAN
EXPIATE PERCENT OF NFL PLAYERS
ARE AFRICAN AMERICAN ON THE
OTHER HAND JUST OVER EIGHT
PERCENT OF MAJOR LEAGUE BASEBALL
PLAYERS.
AND THREE PERCENT OF NHL PLAYERS
ARE AFRICAN AMERICAN.
THE STUDENTS NEED ADVOCATES TO.
AB TWENTY SEVEN FORTY SEVEN.
OF FOR CALIFORNIA CAN LEAD THE
WAY. AND PROTECTING THE STUDENT
ATHLETES AND HELP THEM BE MORE
SUCCESSFUL IN THE CLASSROOM AS
WELL. WITH THAT ASK FOR YOUR AYE
VOTE TWENTY SEVEN FORTY SEVEN.
THANK YOU UP FURTHER WITNESSES
IN SUPPORT NAME AND ORGANIZATION
ONLY PLEASE.
SCENE NINE WITNESSES IN
OPPOSITION.
ERICA ROMERO BEHALF OF THE
ASSOCIATION OF INDEPENDENT KILL
FROM COLLEGES AND UNIVERSITIES
WE ACTUALLY DON'T HAVE A
POSITION GIVEN.
FULLY NICHE OF THE AMENDMENTS
UP BUT WILL YOU WANT TO THANK
THE COMMITTEE AND ALSO THE
AUTHORS OFFICE FOR WORKING WITH
US AND WE ARE GOING TO MAKE SURE
THAT THE NO UNINTENDED
CONSEQUENCES AND LANGUAGE. THANK
YOU.
GOOD MORNING MISTER CHAIRMAN
MEMBERS JANET LOPEZ REPRESENTING
THE UNIVERSITY OF SOUTHERN
CALIFORNIA ALSO ONE ECHO THE
COMMENTS BY MY COLLEAGUE THINK
THE STAFF THINK THE AUTHOR FREE
CONTINUED WILLINGNESS TO WORK
WITH US.
AND IN JUST WANNA ALSO NOTE I
WELCOME ANY OF YOU MEMBERS
COMING TO U. S. C. SO YOU CAN
SEE FIRSTHAND HOW A WE HAVE
INVESTED IN THE. ACADEMIC AND
HEALTH AND WELL BEING OF OUR
STUDENT ATHLETES HAVE A LOT OF
STUDENT ATHLETES WITH LEARNING
DISABILITIES.
SO. A SUMMER HOLDING YOUR MORE
THAN WELCOME PLEASE PLEASECOME
AND VISIT US WHEN YOUR SCHEDULE
ALLOWS FOR IT THANK YOU.
BUT MISTER CHAIRMAN MEMBERS BOB
NAYLOR REPRESENTING STANFORD
UNIVERSITY WE ASSOCIATE
OURSELVES OF THE PREVIOUS
REMARKS AND THANK THE AUTHOR FOR
THE AMENDMENTS.
GOOD MORNING ANGIE MARTINEZ CALL
FOR STATE UNIVERSITY I TOO WOULD
LIKE THEN THE AUTHOR ELECTED IN
THE COMMITTEE STAFF FOR THE HARD
WORK THEY DID ON THE AMENDMENTS.
DON'T HAVE PHYSICIAN ON THE
BILL WE HAVE YOU KNOW ANALYZE
THE BILL AS CAN BE IN PRINT IN A
FEW DAYS BUT WE DO APPRECIATE
THE WORK.
MISTER CHAIRMAN MEMBERS TYLER
REGULARLY AT THE UNIVERSITY
CALIFORNIA ONE ECHO MY
COLLEAGUES CONCERNS WE
APPRECIATE THE COMMITTEE'S WORK
ON THE BILL IN THE AUTHORS AND
THE AUTHOR'S WORK ON THE BILL
AND.
WILL CONTINUE TO REVIEW THE
LANGUAGE RIGHT NOW AND.
.
LOOK FOR TO WORK WITH YOU THANK
YOU. THANK YOU SEEN NO FURTHER
WITNESSES IN OPPOSITION
EQUIPPED.
ANY QUESTIONS OR COMMENTS FROM
THAT MS RICE.
THANK YOU MISTER HOLDEN.
FOR BRINGING THIS IT'S
INTERESTING THAT.
IT WHEN YOU KNOW YOUR RIGHTS
AND YOU EXERCISE YOUR RIGHTS.
BUT IT'S.
IT'S SO IMPORTANT A WE HEAR
ABOUT UNINTENDED CONSEQUENCES
AND I HEAR THAT YOU'RE WORKING
WITH THE OPPOSITION THAT REGARD.
BUT I ALSO HEARD YOU LOUD AND
CLEAR ABOUT THE INTENDED
CONSEQUENCES
ABOUT THE GRADUATION RATE THE
PROTECTION OF OUR ATHLETES.
HAVING ADVOCATES THAT KNOW THE
LAW AND KNOW HOW TO PROTECT THEM
AND ALSO THE SUCCESSES THAT CAN
COME WHEN YOU DO KNOW YOUR
RIGHTS I THANK YOU FOR BRINGING
THIS BILL FORWARD.
THANK YOU ANY FURTHER QUESTIONS
OR COMMENTS FROM THE COMMITTEE.
SEEN NONE DO WE HAVE A MOTION.
AND I'LL SECOND IT.
A SWEET EMOTION A SECOND AB
MISTER HOLDEN REJECT CLOSE.
THANK YOU MISTER CHAIR THIS IS A
VERY IMPORTANT BILL AND I KNOW
FOR MANY YEARS THESE ARE THE
TYPES OF ISSUES THAT HAVE BEEN
DEBATED. AND.
THERE ARE. CERTAINLY A LOT OF
AREAS THAT THIS BILL IS TRYING
TO ACCOMPLISH. EARLIER AND
EARLIER.
ITERATIONS BUT I THINK THAT
WHAT WE'RE TRYING TO GET DOWN TO
IS REALLY MAKE SURE THAT. THE
ATHLETES ARE IN A STRONGER
POSITION TO PROTECT THEMSELVES
THAT THEY ARE IN A POSITION TO
OP. TO UNDERSTAND WHAT THEIR
RIGHTS ARE AND TO ALSO
UNDERSTAND THAT THERE'S AT LEAST
A FOUNDATION IN PLACE THAT CAN.
ADDRESS THE OPPORTUNITY FOR THE
NC TWO EIGHT TO RECOGNIZE THAT
THESE ATHLETES ARE PUTTING A LOT
ON THE LINE AND THERE IS AN
ECONOMIC PART TO THIS THAT. I
WILL NEED TO BE ADDRESSED AS WE
GO FORWARD SO I APPRECIATE THE
COMMITTEE HELPING TO. OUT TO
FRAME IT AS THEY HAVE AND WE ARE
RESPECTFULLY ASK YOUR IBOOK
THANK YOU.
.
SO IF THE MOTION IS TO PASS.
AS AMENDED TO APPROPRIATIONS WE
DO HAVE A MOTION AND A SECOND.
PASS CLERK PLEASE CALL THE ROLL
STONE CUNNINGHAM CHAU. CHIU
WEBER HOLDEN BY HOLDEN AYE
KALRA.
KILEY.
MAIENSCHEIN I MEAN CHEN AYE
REYES.
REYES I.
ON CALL THREE ZERO.
SO TALK ALL THANKS WAS TOLD
NEXT AMSTRAD ARE YOU GOING TO
PRISON IS ARE YOU WERE YOU
INTENDING TO PRESENT FOR MR
THURMOND.
OKAY. SO WILL PROCEED WITH.
.
I AM SIXTEEN AB TWENTY EIGHT
SEVENTY FOUR.
THANK YOU MISTER CHAIR I'M I'M
PROUD TO PRESENT INVESTORS.
AB TWENTY EIGHT SEVENTY FOUR
WHICH WILL ENSURE SUFFICIENT
COMMUNITY INPUT IN OVERSIGHT BY
THE STATE. FROM THE CLOSURE OF
HOSPITALS OR SERVICES.
HOSPITALS ARE AN INTEGRAL PART
OF OUR COMMUNITIES.
WHEN CHOOSING ITS CLOSE A
FACILITY OR SERVICE HOSPITAL
SHOULD BE WORKING WITH COMMUNITY
RESIDENTS AND ELECTED OFFICIALS
TO ENSURE THAT ALL ART
ALTERNATIVE SOLUTIONS TO
CLOSURE.
HAVE BEEN DISCUSSED.
FURTHER.
GIVEN THE IMPACT.
OF A CLOSURE ON THE COMMUNITY
THE STATE NEEDS TO PROVIDE
OVERSIGHT AND ENFORCEMENT
AUTHORITY ONE HOSPITAL CHOOSES
TO CLOSE A FACILITY. OR SERVICE.
AND MR THURMAN'S DISTRICT ALTA
BATES MEDICAL CENTER IS THE ONLY
ACUTE CARE HOSPITAL IN BERKELEY.
IT HAS CHOSEN TO CLOSE.
ITS CLOSURE WOULD FURTHER
OVERCROWDED EMERGENCY ROOMS LEFT
IN WAIT TIMES FOR HOSPITAL BEDS
AND MAKE FOR LONGER TRANSPORT
TIMES THROUGH THE EAST PAYS
CONGESTED ROADWAYS.
SINCE THE COMMUNITY WAS PROVIDED
A NOTICE.
THE COMMUNITY WAS ABLE TO BEGIN
A DIALOGUE WITH THE HOSPITAL.
THIS BILL WOULD INSURE THAT
OTHER PARTS OF THE STATE HAVE
THAT ABILITY AND FURTHER THE
OVERSIGHT BY THE STATE FROM THE
CLIP FROM CLOSURE OF HOSPITALS
OR SERVICES.
THESE HOSPITALS OR WHERE FAMILY
MEMBERS ARE BORN OUR NEIGHBORS
GO WHEN THEY GET SICK ANDOUR
CITIES COUNT ON. TO BE THERE
WHEN WHILE FIRE OR EMERGENCY
STRIKE LET'S MAKE SURE THAT
THOSE AFFECTED BY HOSPITAL
CLOSURES HAVE A VOICE I
RESPECTFULLY ASK YOUR I. THINK
YOU WITNESSES IN SUPPORT.
TAYLOR JACKSON WITH THE
CALIFORNIA NURSES ASSOCIATION
AND WHERE THE SPONSORS OF AB
TWENTY EIGHT SEVENTY FOUR.
FIRST I'D LIKE TO THANK THE
CHAIR FOR ALLOWING ANOTHER
MEMBER TO PRESENT THIS SPELL AND
ASSEMBLY MEMBER HOLDEN FOR BEING
WILLING TO TESTIFY AND PRESENT.
AS A MEMBER THURMAN'S BILL.
ACROSS CALIFORNIA MAJOR
PROVIDERS OF HEALTHCARE AND JOBS
CLOSE THEIR DOORS WITH LITTLE
NOTICE TO THE COMMUNITY.
HOSPITAL CLOSURES DECIMATE
NEIGHBORHOODS AND IN DANGER
CITIES PARTICULARLY WHEN
RESIDENTS ARE LEFT WITHOUT A
LOCAL EMERGENCY ROOM WITH IN A
SAFE DISTANCE OF THEIR HOMES AND
SCHOOLS.
AS ASSEMBLY MEMBER HOLDEN SAID
IN BERKELEY ALTA BATES MEDICAL
CENTER OWNED BY SUTTER HEALTH
HAS BEEN UNDER THREAT OF CLOSURE
WHICH WOULD LEAVE THE CITY IN A
HEALTH DESERT WITH A SEVERE LACK
OF EMERGENCY SERVICES.
HOSPITAL'S ESCALATE THEIR
DECISION TO CLOSE THE FACILITY
BY TRYING TO SPEED UP THE
PROCESS IN ORDER TO AVOID PUBLIC
PUSH BACK.
EASY OUR DIVISIONS ARE OFTEN
USED AS A CYNICAL TOOL TO REDUCE
THE VITAL SERVICES FACILITIES
OFFER WHICH USUALLY MAKES THE
FINAL CLOSURE OF THE HOSPITAL
INEVITABLE.
INSTEAD OF PACING A CLOSURE THAT
POSES A THREAT TO THE COMMUNITY
HOSPITAL SHOULD BE WORKING WITH
RESIDENTS DOCTORS NURSES AND
WORKERS TO RECEIVE PUBLIC INPUT
AND RETAIN ESSENTIAL HEALTHCARE
SERVICES.
AN EXAMPLE IS COMMUNITY HOSPITAL
LONG BEACH WHERE THEIR OWNER
MEMORIAL CARE IS TRYING TO SPEED
UP THE FACILITIES CLOSURE THIS
IS HAPPENING ALL NINE OPERATORS
ARE INTERESTED IN TAKING OVER
THE HOSPITAL.
THE OVERSIGHT IN THIS BILL WOULD
BE CRUCIAL TO A HOSPITAL LIKE
COMMUNITY WHICH GIVES ADVOCATES
AND ELECTED OFFICIALS TIME TO
ORGANIZE A PLAN.
HOSPITALS ARE A VITAL PART OF
THE PUBLIC INTEREST AND
CALIFORNIANS ARE ENTITLED AT THE
BARE MINIMUM TO ADEQUATE NOTICE
AND OVERSIGHT OF THEIR CLOSURE.
WE APPRECIATE THE WORK OF THIS
COMMITTEE AND STAFF ON THE ISSUE
WE'RE HAPPY TO CONTINUE WORKING
WITH YOU AND THE ATTORNEY
GENERAL'S OFFICE.
SCENE I RESPECTFULLY ASK YOUR
AYE BOW HUNT AB TWENTY EIGHT
SEVENTY FOUR THANK YOU ANY OTHER
WITNESSES IN SUPPORT.
MICHAEL YOUNG WITH THE
CALIFORNIA LABOR FEDERATION
ROSSIER STRONG SUPPORT.
THANK YOU
AT C. NO FURTHER WITNESSES IN
SPORT WITNESSES IN OPPOSITION.
MY BACK TO SOMEONE I DON'T LIKE
THAT CATHERINE HOUSES GOT
WRITTEN CALIFORNIA HOSPITAL
ASSOCIATION I THINK IT'S NOW
AFTERNOON SO GOOD AFTERNOON. I'M
WE DO HAVE CONCERNS ABOUT THIS
BILL.
.
HOSPITALS CLOSE FOR MARRIED OF
REASONS.
HOSPITAL A THAT WAS PART OF THE
ART WILL BE TESTIMONY DOES HAVE
A SIGNIFICANT SEISMIC ISSUE.
AND RETROFITTING THAT HOSPITAL.
UNFORTUNATELY WOULD A CREATE A
DEBT AS WELL SO I'M OUR HOUSE
WILL HAVE TO BALANCE THE
REQUIREMENTS UNDER THE SEISMIC
COMPLIANCE.
.
TWENTY TWENTY REQUIREMENT WHICH
IS TO REMAIN STANDING ALONG
WITH.
OUR HOSPITALS ARE EXPERIENCING
CHEFS AND HOW WE OPERATE THOSE
HOSPITALS AS WE MOVE FOLKS AWAY
FROM HOSPITAL CARE TO. I'M KAREN
URGENT CARE CENTERS ON THEIR
PRIMARY CARE CENTER AND SO WE
HAVE LOWER VOLUMES
SO SOME OF ARE HOSTILE STRIVE TO
MAKE UNFORTUNATE CHOICES. WHEN
THOSE TRACES ARE MADE.
THE THIRTY DAYS SIXTY AND
NINETY DAYS ARE CURRENTLY
HONORED IN LAW.
BUT THEN OUR EMPLOYEES
UNDERSTAND THAT THEY NEED TO
THEN. FIND ANOTHER JOB
UNFORTUNATELY WHILE WE ARE
STRUGGLING WITH HELPING THE
COMMUNITY MEET THOSE NEEDS AS
WELL.
AND OFTENTIMES ARE HOSPITALS
FACE OF STAFFING ISSUES EXCEPT
TRUCK THIS BILL DOESN'T
CONSIDER.
ALLOW THE AGE YOU TO CONSIDER
ANY OF THAT OR GIVE THEM THE
RESOURCES TO ADDRESS THOUGHT SO
IF IT WERE TO BE DENIED THEN WE
WOULD BE.
LEFT IN A VERY DIFFICULT
POSITION TRYING FOR HOW TO
FINANCE.
AND OR MANAGE THE HOSPITAL IN
ADDITION.
I DON'T THINK I NEED YOUR MIND
ANYONE ON THE COMMITTEE BUT WE
DO HAVE MEDI CAL AND MEDICARE
PAIRS TO PLAY WELL BELOW COST.
SO SOME OF OUR HOSPITALS UP TO
CLOSE ARE OFTEN BECAUSE THEY'RE
FACING THE MYRIAD OF.
COSTS ALONG WITH THE LOW
PAYMENTS I MIGHT HAVE TO MAKE
THE PAINFUL DECISION TO CLOSE SO
AS THEY OCCUR ALONG GAVE THE
DEADLINE UNDER THIS BILL WHERE.
UNFORTUNATELY EVEN HOSPITAL
UNTENABLE POSITION IN ADDITION
THEY ADDED CHANGES TO SERVICE
REQUIREMENTS NISPEL I'M THAT
THEN INCLUDED FOR PROFITS WHICH
ARE CURRENTLY UNDER THE
JURISDICTION OF. THE AGES OFFICE
ABOUT LAWS NOT CONTEMPLATED
THEY'RE PUTTING FOR PROFITS AND
NOT LAWS NOT CONTEMPLATED
CURRENTLY THE AGE SHE IS
RESPONSIBLE FOR CHARITABLE
TRUSTS.
OF FOR PROFIT HOSPITAL INVESTOR
OWNED HOSPITAL.
WOULDN'T MEET THE TENANTS OF
THOUGHTS.
INTENSE.
IN ADDITION.
OUR HOSPITALS MAKE SERVICE
CHANGES ALL THE TIME ESPECIALLY
IN THIS LANDSCAPE AND THIS BILL
CONTEMPLATE THOSE AS WELL HAVING
TO GO UNDER THE AGE SHE'S
JURISDICTIONS SO WE'VE A
HOSPITAL IN WRITING RIGHT NOW
THAT IS QUICKLY CHANGING. WE'RE
DOING ITS BEST TO QUICKLY CHANGE
FROM A LONG TERM CARE FACILITY
TO REHAB FACILITY BECAUSE IT'S
NECESSARY AND UNFORTUNATELY
THERE RT EXPERIENCING ISSUES
RECEIVE A PAGE BICU WHAT ARE
THE AGES APPROVAL ON TOP OF THAT
IT COULD DELAY. MOVING THAT
SERVICE TO WHAT IS NEEDED IN THE
COMMUNITY SO FOR THOSE REASONS
I'M PROBABLY MARRIED OF OTHERS.
WE ASK YOU TO OPPOSE OR AB WE
ASK FOR YOU KNOW VOTE ON THIS
BILL.
THANK YOU ANY OTHER WITNESSES IN
OPPOSITION.
SEEN NONE AT QUESTIONS OR
COMMENTS FROM THE COMMITTEE.
SEEN NONE DO WE HAVE A MOTION.
THE MOTION FROM ISRAEL'S.
SECOND FROM MISTER CHAO THE
MOTION WOULD BE TO PASS TO A PRO
PEACE.
MISTER HOLDEN MIKLOS.
YES THANK YOU AND LET ME JUST
SAY THAT OVER THE YEARS HAVE
BEEN A NUMBER OF BILLS THAT
WE'RE LOOKING TO DO MORE TO
IMPACT IN THIS AREA. AND I THINK
IN THE AFTER SKINNER'S BILL LAST
YEAR WAS.
VETOED BY THE GOVERNOR OF THIS
WAS AN ATTEMPT TO GO BACK AND
LOOK AT HOW TO STREAMLINE IT A
LITTLE BIT MORE. AND THIS IS
JUST GIVING CONSENT TO THE AG.
SO SO THAT THE COMMUNITY WILL
KNOW THAT THERE IS GOING TO BE A
CLOSER IT IS EXTENDING MORE
TIME.
BUT IT IS NOT.
HAVING THE AG HAVE THE BROADER
AUTHORITY OF OF SORT OF WAYNE
AND IN DECIDING WHETHER OR NOT
THE. THE CLOSURES SHOULD BE.
.
A APPROVED OR NON SORTS IS
CONSENT AS I.
AS I UNDERSTAND IT SO.
.
GIVEN THAT I US REWRITE. THANK
YOU
OKAY.
WE HAVE A MOTION A SECOND
MOTIONS TO PASS TWO PROBES.
ESCORT THESE KALRA STONE
CUNNINGHAM CHOW. CHOW I CHIU.
CHIU AYE WEBER.
WEBER AYE HOLDEN AYE AYE HOLDEN
AYE KALRA.
KILEY.
KILEY NO MAIENSCHEIN NOT VOTING.
REYES.
REYES I THANK YOU MR HOUGHTON.
WILL TURN IT BACK TO THE CHAIR
BUT LET THE RECORD REFLECT THAT
WE REALLY. MOVE THIS THING ALONG
MISTER SALAS.
GET YOUR.
OKAY.
OKAY I MISS READ.
I DO NUMBER TEN.
TWENTY SEVEN OH EIGHT.
HOPEFULLY MY PRESENCE WON'T SLOW
THIS DOWN.
THANK YOU MISS ONE SHARE
MEMBERS.
TODAY I AM PRESENTING TWENTY
SEVEN OH EIGHT TO AB TWENTY
SEVEN OR EIGHT WHICH AIMS TO
CLARIFY PROVISIONS OF THE
CALIFORNIA TRANSLATION ACT.
I'D ALSO LIKE TO TAKE A MOMENT
TO THANK ALL PARTIES WHO HAVE
ENGAGED WITH MY OFFICE ON THIS
IMPORTANT BILL.
THE CALIFORNIA TRANSLATION ACT
OFFERS CRITICAL PROTECTIONS FOR
CONSUMERS THROUGHOUT THE STATE.
SPECIFICALLY THE ACT GENERALLY
REQUIRES A BUSINESS
TO PROVIDE A WRITTEN TRANSLATION
OF CERTAIN CONTRACTS A LANGUAGE
IN WHICH THE CONSUMER NEGOTIATED
THE CONTRACT.
PROTECTION COVERS CONTRACTS
NEGOTIATED IN ANY OF THE FIVE
MOST COMMONLY SPOKEN NON ENGLISH
NON ENGLISH LANGUAGES AND
INCLUDES A HOST.
CONTRACT TYPES.
CURRENT LAW STATES THAT WRITTEN
CONTRACT TRANSLATIONS ARE NOT
REQUIRED.
WHEN THE INTERPRETERS EIGHTEEN
YEARS OF AGE OR OLDER AND TO THE
INTERPRETER. IS ABLE TO READ AND
FLOW SPEAK FLUENTLY WITH FULL
UNDERSTANDING OF BOTH ENGLISH.
AND THE RELEVANT NON ENGLISH
LANGUAGE.
THIS PROVISION HOWEVER IS OPEN
TO MISINTERPRETATION AS
ILLUSTRATED BY THE COURT CASE OF
LOCUSTS VERSES ASPER IMPORTS.
IN THAT CASE IT WAS RULED THAT A
MINOR WAS ALLOWED TO NEGOTIATE
ON BEHALF OF A SPANISH SPEAKING
PARENTS.
AT A TRANSLATE CONTRACTORS NOT
REQUIRED.
THIS BILL SIMPLY SEEKS TO MAKE
CLEAR THAT THIS SHOULD NOT HAVE
A COURT OCCURRED.
HERE TO TESTIFY WITH ME ON
BEHALF OF THIS BILL ARE AMY
ALLEY AND MICHELLE VAN GELDER
GELDERN ON BEHALF OF ATTORNEY
GENERAL HAVE YET ETCETERA. THE
SPONSOR OF THE BILL.
GET THEM THANK YOU FIRST WITNESS
PLEASE.
I LIKE GOOD AFTERNOON CHAIR WITH
MANY MEMBERS I'M AMY ALLEY I'M A
DEPUTY ATTORNEY GENERAL
REPRESENTING THE CALIFORNIA
DEPARTMENT OF JUSTICE AND WE'RE
PROUD TO SPONSOR THIS IMPORTANT
BELL. AND THE ATTORNEY GENERAL
HAS THE IMPORTANT RESPONSIBILITY
ALL CALIFORNIA CONSUMERS.
DURING A MOST CRITICAL TIME IN
CALIFORNIA WERE ALMOST FORTY
FOUR PERCENT IF AS I'M OUR
HOUSEHOLD SPEAK A LANGUAGE OTHER
THAN ENGLISH.
TODAY WE ARE HERE TO STRENGTHEN
THE CALIFORNIA TRANSLATION ACT A
CRITICAL CONSUMER PROTECTION LAW
THAT REQUIRES A BUSINESS TO
PROVIDE A WRITTEN TRANSLATION OF
CERTAIN CONTACTS IN THE LANGUAGE
IN WHICH THE CONSUMER NEGOTIATED
THE CONTRACT.
WHERE CONSUMER NEGOTIATE THE
CONTRACT IN SPANISH THE LAW
REQUIRES THE BUSINESS TO PROVIDE
THAT CONSUMER AND WRITTEN
TRANSLATION OF THAT CONTACT IN
SPANISH?
THIS TRANSLATION IS ABSOLUTELY
CRITICAL TO A CONSUMER WHOSE
PRIMARY LANGUAGE IS NOT ENGLISH
Y. FOR SOMEONE HE SIMPLY ISN'T
COMFORTABLE NEGOTIATING AND
CRASHED.
THE TRANSLATED DOCUMENT GIVES
THE CONSUMER A REAL OPPORTUNITY
TO REVIEW AND UNDERSTAND THEIR
RIGHTS AND OBLIGATIONS UNDER A
CONTACT BEFORE IT IS FINE.
UNDER VERY LIMITED CIRCUMSTANCES
AS THE ASSEMBLY MEMBER AND
MENTIONS THAT BUSINESS IS NOT
REQUIRED TO PROVIDE A WRITTEN
TRANSLATION. OF THE CONTACT EVEN
IF IT'S NEGOTIATED AND I
LANGUAGE OTHER THAN ENGLISH
PURSUANT TO THIS INTERPRETER
EXCEPT STAND WHERE CONSUMER
BRINGS IN AND DAHLE INTERPRETER
WHO IS ABLE TO READ IN SPEAK
FLUENTLY WITH A FULL
UNDERSTANDING OF BOTH ENGLISH
AND THE RELEVANT NON ENGLISH
LANGUAGE.
THE BUSINESS IS NOT REQUIRED TO
PROVIDE A WRITTEN TRANSLATION TO
THE CONSUMER.
SEND OUT A FRESH A FEW EXAMPLES
OF HOW THEY SHOULD WORK UNDER
THE LAW. AN EXAMPLE. A BUYER
NEGOTIATES IN SPANISH FOR A CAR.
PURSUANT TO THE ACT THE BUSINESS
MUST GIVE HIM THE WRITTEN
TRANSLATION OF A CONTACT IN
SPANISH.
AN EXAMPLE TO A BUYER NEGOTIATES
IN SPANISH A CAR PURCHASE
THROUGH HIS EIGHTEEN YEAR OLD
COUSIN OBVIOUSLY AN ADULT. HE
WAS FLUENT IN BOTH ENGLISH AND
SPANISH.
IF WE APPLY THE INTERPRETER
EXCEPTION HERE THE BUSINESS IS
NOT REQUIRED TO PROVIDE A
WRITTEN TRANSLATION OF THE
CONTACT IS THE INTERPRETER IS AN
ADULT FLUENT IN BOTH LANGUAGES.
I MEAN NOTHING IN EXAMPLE THREE
GETS A LITTLE MORE COMPLICATED.
A BUYER NEGOTIATES IN SPANISH A
CAR PURCHASE DUTIES SIXTEEN YEAR
OLD SIGN OBVIOUSLY A MINOR HE
WAS FLUENT IN BOTH LANGUAGES.
BECAUSE THE NEGOTIATION BECAUSE
THE NEGOTIATOR AND NOT PLEASE IS
A MINOR INTERPRETER EXCEPTION
DOES NOT APPLY.
IN MOST STAKEHOLDERS ARE IN
AGREEMENT.
BUT THE BUYER IN THAT CASE WE
DESERVE A WRITTEN TRANSLATION IN
THIS EXAMPLE.
BUT NOT LEAST STANDING ITS BASIC
LOGIC A RECENT APPEALS COURT
HELD THAT THEY IN IT AT FAX
PATTERNS SIMILAR TO WHAT I JUST
DESCRIBED.
THE BUSINESS WAS NOT REQUIRED TO
PROVIDE IS TRANSLATED CONTACT TO
THE BUYER.
AND THAT'S WHY WE'RE HERE TODAY.
BECAUSE THE RULING IN THAT CASE
SEVERELY WEEKENDER CALIFORNIA
TRANSLATION ACTS.
AB TWENTY SEVEN AWAY CLARIFIES
THE LOTS DEVOID STATES.
MISINTERPRETATION.
THE ATTORNEY GENERAL IS
COMMITTED TO USING EVERY TOOL
AVAILABLE TO PROTECT
CALIFORNIA'S CONSUMERS WHETHER
THAT THEIR ONGOING ENFORCEMENT
INVESTIGATORY AUTHORITY. OR
THROUGH SUPPORTING AND
SPONSORING STRONG LEGISLATION
FETCHES AB TWENTY SEVEN NOW A.
I HAVE WITH ME TODAY MY
COLLEAGUE MICHELLE THAN
GALLAGHER AND AS SUPERVISING
DEPUTY ATTORNEY GENERAL AND THE
CALIFORNIA DEPARTMENT OF JUSTICE
DID CONSUMER LAW SECTION. TO
MAKE A SHORT STATEMENT AND ALSO
TO HELP OUT WITH ANSWERING ANY
QUESTIONS YOU MAY HAVE.
THANK YOU NEXT WITNESS PLEASE
TAKE YOUR TIME I WILL BE BRIEF.
THE CONSUMER LAW SECTION OF THE
ATTORNEY GENERAL'S OFFICE
FOCUSES AND HAS ALWAYS FOCUSED
ON PROTECTING VULNERABLE
CONSUMERS FROM SHARP BUSINESS
PRACTICES. IMMIGRANT CONSUMERS
ARE JUST SUCH A GROUP CIVIL CODE
SECTION SIXTEEN THIRTY TWO AND
SIXTEEN THIRTY TWO POINT FIVE
WHICH WOULD BE AMENDED HERE. ARE
IMPORTANT TOOLS IN PREVENTING
NON ENGLISH SPEAKING CONSUMERS
FROM BEING THE VICTIMS OF FRAUD.
OR MISUNDERSTANDING OR MISTAKES
WHEN THEY ENTER INTO CERTAIN.
IMPORTANT FINANCIAL
TRANSACTIONS.
SOMETIMES A NON ENGLISH SPEAKING
CONSUMER COMMUNICATES WITH THE
SELLER BY RELYING ON A CHILD AS
AN INTERPRETER.
WHEN THE CHILD HAS TO SHOULDER
THAT ADULT BURDEN. AND THE
PARENTS ARE DEPRIVED OF A
TRANSLATED COPY OF THE CONTRACT
IT'S UNFAIR THERE'S NO
TRANSPARENCY. AND THE POTENTIAL
FOR MISUNDERSTANDING AND ABUSE
AND EVEN LITIGATION INCREASES
IN THIS SITUATION THE A
TRANSLATION ENSURES THAT ALL OF
THE ADULTS IN THE ROOM
UNDERSTAND THE DEAL'S TERMS. AND
THAT'S WHAT THIS BILL WOULD DO.
THANK YOU ANYONE ELSE IN
SUPPORT.
SEEING NONE IS THERE OPPOSITION
.
GOOD AFTERNOON MISTER CHAIRMAN
MEMBERS MY NAME IS DEBORAH
CARLTON WITH THE CALIFORNIA
APARTMENT ASSOCIATION BUT ME
FIRST CLARIFY. WE HAVE NO
PROBLEMS CLARIFYING THE STATUTE
WE HAVE NO PROBLEMS ARE
REVERSING THE NARROW HOLDING UP
IN THE LOPEZ CASE. I THINK
THOUGH WE HAVE A DISAGREEMENT
ABOUT HOW THE CURRENT STATUTE IS
WRITTEN WE HAVE A.
WE BELIEVE THAT IT'S WHEN THE
BUSINESS NEGOTIATES IN THE
LANGUAGE NOT WHEN THE CONSUMER
NEGOTIATES IN THE LANGUAGE.
SO WE HAVE THIS HAPPEN ALL THE
TIME IN THE RENTAL HOUSING
INDUSTRY.
PARENTS COME.
TO RENT AN APARTMENT THEY BRING
THEIR CHILD WITH THEM.
UNFORTUNATELY I THINK THE WAY
THIS BILL IS READING THE
AMENDMENT LANGUAGE AS WRITTEN.
THE LANDLORD WILL NOW SAY I
CAN'T TALK TO YOU BECAUSE I'M
GONNA HAVE TO PROVIDE MY
CONTRACTS.
IN RUSSIAN OR IN YOU KNOW
CHINESE OR TAGALOG.
BECAUSE I'M SPEAKING WITH YOU.
THROUGH YOUR TRANSLATOR WHO
HAPPENS TO BE A MINOR.
WE DON'T WANT THAT TO HAPPEN
ESPECIALLY WHEN WE HAVE.
PROBLEMS WITH GETTING PEOPLE
INTO HOUSING TODAY.
I THINK I THINK WE CAN WORK WITH
YOU TO PROVIDE CLARITY AND WE
PROVIDED SOME LANGUAGE.
TO SAY THAT NOTHING IN THIS
SECTION SHALL BE INTERPRETED TO
REQUIRE THE PERSON ENGAGED IN
THE TRAITOR BUSINESS.
I TO PROVIDE A TRANSLATION THE
CONTRACTOR AGREEMENT THE
LANGUAGE IN WHICH THE OTHER
PARTY COMMUNICATED. THROUGH HIS
OR HER INTERPRET IT INTERPRETER
AND THEN OF COURSE NOTHING IS
REQUIRED.
FOR THE LAMB OR TO NEGOTIATE A
CONTRACT WITH THE ASSISTANCE OF
AN INTERPRETER WAS UNDER THE AGE
OF EIGHTEEN.
SO I THINK WE CAN CARP WHICH
BOTH THINGS IF WE HAVE THE
CLARIFICATION WERE ASKING FOR.
ALONGSIDE THE LANGUAGE.
THAT HAS BEEN.
ALREADY PROVIDED IN THE BILL.
SO WITH THAT WE'RE GOING TO ASK
YOU TO US EITHER VOTE NO OR HELP
US PROVIDE SOME LANGUAGE THAT
MAKES THIS BILL MORE CLEAR.
THANK YOU
THAT'S WHAT THIS CHAIR MEMBERS
OF THE COMMITTEE JOHN DORY ABOUT
THE CIVIL DISASSOCIATION I WILL
ECHO THAT WE ARE. LOOKING
FORWARD TO CONTINUING TO WORK
THROUGH THIS ISSUE TO ADDRESS
THE CASE HOLDING.
OUR LETTER OF OPPOSITION IS OUT
OF DATE SO WE ARE.
MANY OF THE.
ISSUES THAT WE IDENTIFIED THERE
HAVE BEEN TAKEN CARE OF.
WE SUPPORT THE CONSIDER IT THE
A CALIFORNIA APARTMENT
ASSOCIATION'S CONTENTION THAT
IT'S WHEN.
THE ABUSES OF.
NEGOTIATING A COMPLETELY IN
SPANISH AND THEN.
THAT NOT COMPORT IN WITH WHAT
THE ENGLISH CONTRACT ACTUALLY
SAYS IS WHAT GENERATED THIS SORT
OF PROTECTION AND WHAT WE WANT
TO A SIDE WITH SO. WE THINK
THAT.
THAT'S INAPPROPRIATE FIXIN WE
WE LOOK FORWARD TO TO. KIND OF
REMEDY THAT IN THE BILL.
THANK YOU ANYONE ELSE IN
OPPOSITION.
RIGHT SEEN NONE OF BRING IT BACK
TO THE COMMITTEE QUESTIONS
COMMENTS.
SEEING NONE OF.
TAKE A MOTION.
AND THE MOTION IS TO PASS TO
APPROPRIATIONS WE DO HAVE A
MOTION AND A SECOND.
SEEING NO OTHER QUESTIONS WAS
RACING MAY CLOSE I RESPECTFULLY
ASK FOR YOUR AYE VOTE.
THANK YOU.
KALRA PLEASE STONE BY STONE AYE
CUNNINGHAM.
CHOW. CHOW I CHOOSE.
CHIU AYE WEBER.
WEBER AYE HOLDEN.
KALRA.
KILEY.
MAIENSCHEIN.
RACE AYE RACE AYE.
THAT HAS FIVE VOTES IT'S FIVE OH
WILL PUT ON CALL.
AND WHEN WE ET THE REST OF OUR
COMMITTEE MEMBERS HERE.
THAT TAKES US TO.
I NEVER EIGHT.
MISTER CHIU AB TWENTY FOUR
THIRTEEN.
THANK YOU MISTER CHAIR
APPRECIATE YOUR CONSIDERATION OF
AB TWENTY FOUR THIRTEEN THE
RIGHT TO A SAFE HOME ACT. WHICH
WOULD HELP TO PROTECT TENANTS
FROM BEING A VICTIM OR PENALIZED
SIMPLY FOR CALLING EMERGENCY
RECESS ASSISTANCE.
THERE ARE.
IF YOU ARE ON THE MOTION IS
THEIR SECOND.
AND THE SECOND THANK YOU.
I WILL BE BRIEF THERE ARE
NUISANCE ORDINANCES THAT LABEL
TENANT.
AS A NUISANCE WHEN HER RENTALS
THE SITE OF A CERTAIN NUMBER OF
POLICE CALLS OR OTHERWISE
RELATED TO NUISANCE CONDUCT. IF
SOMEONE IS LABELED A NUISANCE
THAT PERSON COULD BE EVICTED.
THESE ORDINANCES PLACE A VICTIM
AND A POSSIBLE DILEMMA OF EITHER
AND DURING A LIFE THREATENING
SITUATION TO KEEP ONE'S HOME OR
CALLING FOR HELP AND RISKING
EVICTION.
THIS LAW THIS PROPOSAL WOULD
REVISIT HOW THE LAW PROTECTS
THESE VICTIMS AND SURVIVORS IN
THEIR HOMES IN A NUMBER OF WAYS.
IN THE CONTEXT OF OUR STATE'S
HOUSING CRISIS WE NEED TO
PROTECT TENANTS FROM THE
UNINTENDED IMPACT OF THESE
NUISANCE ORDINANCES AND AT THIS
POINT ALTERNATE OVER TO OUR
WITNESSES.
THANK YOU AND WE DO HAVE SUPPORT
RECOMMENDABLE SIDES NO
OPPOSITION.
I READ A VERY PRETTY.
I.
RUDY WILLIAMS SAYS STAFF
ATTORNEY AT THE NATIONAL HOUSING
LAW PROJECT.
CO SPONSOR OF THIS BILL A WE
RESPECTFULLY URGE YOUR AYE VOTE.
IN ADDITION TO WHAT THE
ASSEMBLY MEMBER SAID WE JUST
WANTED TO POINT OUT THAT YOU
KNEW THESE OTHER CRIME FREE OR
NEW SINCE POLICIES HAVE BEEN.
POPPING UP ALL OVER THE COUNTRY
AND THE RESEARCH ON THESE.
HAS SHOWN THAT OF THESE LAWS
REALLY HURTS SURVIVORS OF
DOMESTIC VIOLENCE PEOPLE
EXPERIENCING DISABILITIES AND
PEOPLE OF COLOR. AND WE URGE.
THE COMMITTEE.
TO RECOGNIZE THAT NO ONE SHOULD
HAVE TO CHOOSE BETWEEN. THEIR
HOME AND THEIR SAFETY THANK YOU.
THANK YOU THAT'S WHAT THIS WITH.
GOOD AFTERNOON MISTER CHAIRMAN
AND MEMBERS OF THE COMMITTEE MY
NAME IS JODY DON'T AND I'M THE
SENIOR GRANTS AND COMMUNICATIONS
MANAGER WITH JV A SOCAL. AND I
AM A FELLOW IN THE WOMEN'S
POLICY INSTITUTE WOMEN'S
FOUNDATION OF CALIFORNIA
APPROACH CO SPONSOR OF OUR BILL.
I APPRECIATE THE OPPORTUNITY TO
TALK WITH YOU TODAY ABOUT AB
TWENT FOUR THIRTEEN THE RIGHT
TO A SAFE HOME ACT AND URGE YOUR
SUPPORT.
CALIFORNIA HAS TAKEN GREAT
STRIDES TO PROTECT SURVIVORS OF
DOMESTIC VIOLENCE SEXUAL ASSAULT
STOCKING HUMAN TRAFFICKING AN
ELDER INDEPENDENT ADULT ABUSE
FROM EVICTION HOWEVER WE CAN DO
MORE TO PROTECT SURVIVORS OF
TRAUMA AND GUARANTEE THAT
EVERYONE CAN CALL FOR HELP
WITHOUT RISKING INFECTION.
WITH MORE THAN A HUNDRED THIRTY
THOUSAND INDIVIDUALS AND
FAMILIES EXPERIENCING
HOMELESSNESS ACROSS THE STATE WE
NEED TO DO EVERYTHING WE CAN.
TO KEEP FOLKS IN THEIR HOMES.
ONE PARTICULAR A IN EXAMPLE OF
AN INDIVIDUAL WHO WOULD BE
ASSISTED BY AB TWENTY FOUR
THIRTEEN IS JOSHUA. HE WAS A
FORTY THREE YEAR OLD MARINE
CORPS VETERAN LIVING WITH POST
TRAUMATIC STRESS DISORDER. HE
WAS EVICTED BASED ON HIS CALLS
TO TO TO NINE ONE ONE.
JOSHUA CALLED NINE TIMES IN TEN
MONTHS WHEN HE EXPERIENCED
FRIGHTENING FLASHBACKS HORRIBLE
MEDICATION SIDE EFFECTS OR
SEVERE PTSD EPISODES.
AGAINST THE LANDLORDS
RECOMMENDATION THE POLICE
DEPARTMENT FORCED EVICTION
PROCEEDINGS BASED ON WHAT THEY
CATEGORIZED AS EXCESSIVE NON
EMERGENCY NINE ONE ONE CALLS.
WE ASK THAT YOU HELP US FOLLOW
THE EXAMPLES OF IOWA AND
MINNESOTA IN EMPHATICALLY
STATING THAT SURVIVORS OF ABUSE
AND VIOLENCE OR INDIVIDUALS IN
AN EMERGENCY SITUATION. SHOULD
NEVER BE ASKED TO CHOOSE BETWEEN
MAINTAINING THEIR DIGNITY SAFETY
AND SECURITY PER HAVING A HOME.
I URGE YOU TO SUPPORT SURVIVORS
AND OTHERS IN NEED.
POLICE EMERGENCY ASSISTANCE BY
VOTING AYE FOR AB TWENTY FOUR
THIRTEEN THANK YOU.
THANK YOU OTHERS SUPPORT YOU CAN
GIVE US YOUR NAME AND
AFFILIATION PLEASE SHOT A PAYKAN
CALIFORNIA APARTMENT ASSOCIATION
SUPPORT.
REBECCA GONZALEZ NATIONAL
ASSOCIATION OF SOCIAL WORKERS
CALIFORNIA CHAPTER IN SUPPORT.
AFTERNOON ALEXANDER HERNDON WITH
THE WESTERN CENTER ON LAW AND
POVERTY INSTRUCTS.
HAILING TRANSFORM YWCA SILICON
VALLEY IN STRONG SUPPORT.
SERENA RAMIREZ COMMUNITIES
OVERCOMING RELATIONSHIP ABUSE IN
STRONG SUPPORT.
JUST MOMENTS NATIONAL CENTER FOR
YOUTH LAW IN SUPPORT.
KRISTEN MS A CALIFORNIA
PARTNERSHIP TEND RUSTIC BALANCE
IN SUPPORT.
THANK YOU AND ONE ALSO SUPPORTS.
SEEING NONE IS THERE OPPOSITION.
I GOOD AFTERNOON AND MISTER
CHAIR MEMBERS CREAM GREASY ON
BEHALF THE CALIFORNIA
ASSOCIATION OF REALTORS I JUST
WANT TO SAY THAT THE UP
AMENDMENTS THAT WERE
INCORPORATED INTO THE BILL LAST
WEEK I DID ADDRESS OUR CONCERNS.
AND SO WE NOW ARE NEUTRAL IN THE
VILLAGE WANT TO THANK THE AUTHOR
IN A STAFF FOR A WORKING WITH
THIS THANK YOU SO MUCH.
THANK YOU ANYONE ELSE.
ALRIGHT BRING BACK TO THE
COMMITTEE. QUESTIONS
SCULLY.
I THINK THIS IS A GENERALLY GOOD
MEASURE MISTER CHIU READ ONE.
QUESTION IT SAYS THAT I'M.
YEAH IF A PROPERTY OWNER
ATTEMPTS TO HAVE EXPERTS ON
THIRTY DAYS OF THAT PERSON
SUMMONING LAW ENFORCEMENT FOR
EMERGENCY ASSISTANCE THERE'S A
REBUTTABLE PRESUMPTION THE LAND
WHERE THE VICTIM THE PERSON FOR
THAT REASON. I IT SEEMS TO ME
LIKE THIS MIGHT CREATE A
POTENTIAL FOR SOMEONE WHO.
KNOWS ON THE VERGE OF ADDICTION
FOR A LEGITIMATE REASON TO.
CALL ON FORSMAN AND SUDDENLY
THEY'VE.
SUBSTANTIALLY LOWER THEIR
BURDEN IN THE FUTURE EVICTION
PROCEEDING WITH THIS WATER
PRESUMPTION WONDERED IF YOU
MIGHT BE OPENED AT.
MAKING IT SO THIS RUNNABLE
PRESUMPTION APPLIES ONLY IF
THERE'S A GOOD FAITH CAUGHT ON
FORTUNATE WITHIN THIRTY DAYS
WELL LET ME LET ME FIRST THANK
THE CALVET APARTMENT ASSOCIATION
ALSO REALTORS FOR ENGAGING WITH
US ON THIS AND WE'VE TAKEN
AMENDMENTS TO. MAKE SURE THAT IS
CLEAR A REBUTTABLE PRESUMPTION
MEANS.
THERE'S A DEFENSE THAT CAN BE
MADE ARE BUT OBVIOUSLY BOTH
PARTIES HAVE AN OPPORTUNITY TO
PROVIDE.
EVIDENCE OF WHAT HAPPENED AND
IF THERE ARE BONA FIDE REASONS
FOR EVICTION THERE'S NOTHING
THAT THIS BILL WOULD DO TO
PRECLUDE THAT SO IT GIVES THEM
THE OPPORTUNITY FOR THE DEFENSE
TO BE MADE BUT IT DOESN'T MEAN
THAT YOU WENT.
THE QUESTIONS COMMENTS.
RIGHT SEEING NONE.
SHE MAKE CLOTHES I RESPECTFULLY
ASK FOR YOUR SUPPORT.
THANK YOU.
THE.
THAT WE DO HAVE A MOTION ALREADY
AND A SECOND THE MOTION IS DUE
PASSED TO APPROPRIATIONS KALRA
PLEASE STONE BY STONE AYE
CUNNINGHAM. CUNNINGHAM I. CHOW.
CHOW I CHIU I'M CHIU AYE WEBER.
WEBER AYE HOLDEN.
KALRA.
KILEY.
MAIENSCHEIN.
REYES.
REYES I.
MAIN CHINA AYE REYES AYE.
THAT WAS OUT.
ALRIGHT THANK YOU.
ALRIGHT MEMBERS WE HAVE A NUMBER
OF SORT OF CLEAN UP BUSINESS TO
DO. A LOT OF BILLS ON CALL.
COUPLE BILLS THAT HAVE YET TO
EVEN HAVE A MOTION SO WHAT I'D
LIKE TO DO IS I'M GONNA RUN
THROUGH THE LIST. TOP TO BOTTOM
FOR THE MEMBERS WHO ARE HERE WE
DO HAVE A COUPLE MEMBERS ABSENT
RIGHT NOW THAT ARE IN OTHER
COMMITTEES. WILL PROBABLY END UP
GOING THROUGH.
THAT WAS TO GET SO BEAR WITH US.
SO CONSENT
BECAUSE THEY HAVE TO MEMBERS
CUNNINGHAM. CUNNINGHAM AYE
HOLDEN.
KILEY.
KILEY AYE.
OKAY.
SO ITEM NUMBER ONE.
AB NINETEEN TWELVE RODRIGUEZ IS
ON CALL I'M GOING TO LIFT THE
CALL VOTE IS CURRENTLY THREE
ZERO. CALYPSO MEMBERS
CUNNINGHAM.
CUNNINGHAM NO.
CHIU.
CHIU AYE WEBER.
WEBER AYE HOLDEN.
KILEY.
KILEY NO MAIENSCHEIN.
RADIUS.
REYES I.
THAT BILL IS OUT.
ITEM NUMBER TO AB TWO ZERO FIVE
FIVE LEVINE.
CALL THE ABSENT MEMBERS.
CHAU.
SHALL I HOLDEN.
KILEY.
KILEY AYE.
OKAY THAT THOSE ALREADY OUT I'VE
NEVER THREE IS ALSO ALREADY OUT
EASY TWENTY ONE.
TWENTY EIGHT KILEY CALL THE
ABSENT MEMBERS
CUNNINGHAM.
CUNNINGHAM AYE HOLDEN.
ITEM NUMBER FOR IS ON CALL I'M
GOING TO LIFT THE CALL THIS IS
AB TWENTY ONE FIFTY NINE CHIU
KANSEN CHU CALL THE ABSENT
MEMBERS.
CUNNINGHAM.
CUNNINGHAM AYE CHAU.
SHALL I CHIU.
CHIU AYE WEBER.
WEBER I KALRA.
KILEY.
REYES.
REYES I.
THAT BILL IS OUT ITEM NUMBER
FIVE AB TWENTY TO THIRTY FOUR
JONES SAWYER.
NEED A MOTION THE MOTION IS TO
PASS AS AMENDED TO
APPROPRIATIONS.
WE DO HAVE A MOTION AND A SECOND
THANK YOU CALL THE ROLL PLEASE
STONE BY STONE AYE CUNNINGHAM.
CUNNINGHAM AYE CHAU.
CHAU AYE CHU. CHU AYE WEBER.
WEBER AYE HOLDEN.
KALRA.
KILEY.
KILEY I'D MAIENSCHEIN
MAIENSCHEIN AYE RADIUS.
REYES I.
THAT BILL AS ADULTS A NUMBER SIX
WAS PULLED FROM THE AGENDA ITEM
NUMBER SEVEN THE AB TWENTY THREE
SIXTY SIX IS ON CALL. THE MIDDLE
LIFT THE CALL KERN VOTERS TO
ZERO.
CALL THE ABSENT MEMBERS
CUNNINGHAM.
CHAU.
SHALL I CHIU.
CHIU AYE WEBER.
WEBER I KALRA.
KILEY.
MAIENSCHEIN MAIENSCHEIN I'VE
REYES.
REYES I.
THAT BILL IS OUT.
OTHER NUMBER EIGHT AB TWENTY
FOUR THIRTEEN CHIU.
I JUST TOOK UP SO YEAH WILL.
MOVED ITEM NUMBER NINE A. B..
TWENTY SIX NINETY FOUR RUBIO IS
ON CALL ON THE LIFT THE CALLED
VOTE CURRENTLY IS FOUR ZERO
CALYPSO MEMBERS CUNNINGHAM.
CUNNINGHAM I CHIU.
CHIU AYE WEBER.
WEBER AYE KILEY. KILEY AYE
MAIENSCHEIN. MAIENSCHEIN I'VE
REYES.
REYES I.
THAT BILL IS OUT ITEM NUMBER TEN
IS TWENTY SEVEN AWAY.
REYES THAT IS CURRENTLY FIVE TO
ZERO IT'S THE VOTE.
I'M GONNA LISTA COLLEAGUES ON
CALL MELISSA CALL COOLEY OF SOME
MEMBERS.
HOLDEN KALRA.
MAIENSCHEIN MAIENSCHEIN I.
THAT BILL IS NOW OUT.
I REMEMBER ELEVEN AB TWENTY
SEVEN THIRTEEN RODRIGUEZ IS ON
CALL. THE VOTE IS FOUR ZERO
MINUTE IF THE CALL CALL THE
ABSENT MEMBERS CUNNINGHAM.
I RIVER ELEVEN AB TWENTY SEVEN
THIRTEEN.
CHAU.
CHAU AYE CHIU.
CHIU AYE WEBER.
WEBER AYE KILEY.
MAIENSCHEIN MAIENSCHEIN AYE
REYES.
REYES I.
THAT BILL IS OUT
ITEM NUMBER TWELVE IS AB TWENTY
SEVEN FORTY SEVEN.
TO HOLDEN'S BILL IT IS ON CALL
BE I HEARD THOSE THREE ZERO IN A
LIFT THE CALL COLLIE OF SOME
MEMBERS.
STONE BY STONE AYE CUNNINGHAM.
CUNNINGHAM I CHAO.
CHAO AYE CHIU.
CHIU AYE WEBER.
WEBER I KALRA.
THAT BILL AS ADULTS
ITEM THIRTEEN WAS PULLED FROM
THE AGENDA ITEM FOURTEEN. IS AB
TWENTY EIGHT TWENTY FIVE JONES
SAWYER I NEED A MOTIONTHE
MOTION IS TO PASS TO
APPROPRIATIONS.
DO YOU HAVE A MOTION AND A
SECOND.
ALL THE ROLE PLEASE
STONE AYE STONE AYE CUNNINGHAM.
CUNNINGHAM AYE CHAU.
CHAO AYE CHIU.
SURE I WEBER.
WEBER AYE HOLDEN.
KALRA.
KILEY.
KILEY I'D MAIENSCHEIN.
MAIENSCHEIN AYE RAYOS.
REYES I.
THANK YOU THAT BILL IS OUT ITEM
FIFTEEN IS ALREADY OUT BUT WE'RE
GOING TO CALL THE UP TO MEMBERS
ON THAT THAT IS AB TWENTY EIGHT
SEVENTY THREE LOW.
CHAO.
HOLDEN.
KILEY.
KILEY AYE.
OKAY ITEM NUMBER.
SIXTEEN AB TWENTY S. EIGHT
SEVENTY FOUR IS ON CALL.
MIDDLE LIFT THE CALL KERN VOTERS
FIVE TO ONE CALL THE ABSENT
MEMBERS
STONE I STONE AYE CUNNINGHAM.
CUNNINGHAM NO KALRA.
THAT BILL IS OUT.
ITEM NUMBER SEVENTEEN MISTER
KALRA SPILL AB TWENTY NINE FORTY
SIX IS ON CALL THE CURRENT THOSE
FOUR ZERO MINUTE IF THE CALL
CALL THE ABSENT MEMBERS.
CUNNINGHAM.
CUNNINGHAM NO.
CHIU.
CHIU AYE WEBER.
WEBER AYE KILEY.
KILEY NO MAIENSCHEIN.
MAIENSCHEIN NO.
RACE.
REYES I.
THAT BILL IS OUT ITEM NUMBER
EIGHTEEN IS AB THREE. ZERO EIGHT
ZERO GONZALEZ FLETCHER IT IS
ALREADY OUT BUT.
OKAY WHEN WE FIRST HOLDEN ON
THAT ITEM NUMBER NINETEEN AB
THREE ZERO EIGHT ONE GONZALEZ
FLETCHER IS ON CALL IN THE LIFT
THE CALL CALYPSO MEMBERS STONE
AYE STONE AYE.
CHIU.
CHIU AYE WEBER.
WEBER AYE HOLDEN.
KILEY.
KILEY NO RADIUS.
REYES I.
THAT BILL AS ADULTS AND ITEM
NUMBER TWENTY. AB THIRTY ONE
TWENTY GONZALEZ FLETCHER IS
ALREADY OUT BUT CALL THE ABSENT
MEMBERS IF WE NEED HIM CHAO.
SHALL I KILEY.
OKAY SO WAITING ON MR HOLDEN THE
MISTER KALRA. WILL GIVE ME A FEW
MINUTES TO COME HERE I KNOW THAT
THEIR IN OTHER COMMITTEES. THANK
YOU ALL THAT WILL OTHERWISE
COMPLETE OUR BUSINESS SOMEONE
HOLD THE ROLE OPEN FOR THE OTHER
MEMBERS IF YOU. THINK YOU'RE YOU
NEED TO ADD ON LET US KNOW
BUSY TIMES RIGHT NOW WITH
MULTIPLE COMMITTEES.
OKAY.
SO WE GO ON THE ONES THAT WE'VE
IDENTIFIED THAT WITH THE JOINT
CONSENT.
HOLDEN HOLDEN AYE.
ITEM TWO ENTER ITEM NUMBER ONE
AB NINETEEN TWELVE RODRIGUEZ
HOLDEN.
HOLDEN I.
ITEM NUMBER TO AB TWO ZERO FIVE
FIVE LEVINE.
HOLDEN.
HOLDEN I.
ITEM NUMBER THREE AB TWENTY ONE
TWENTY EIGHT KILEY. HOLDEN.
HOLDEN I.
ITEM NUMBER FIVE AB TWENTY TO
THIRTY FOUR JONES SAWYER HOLDEN.
HOLDEN I KALRA.
ITEM NUMBER EIGHT AB TWENTY FOUR
THIRTEEN CHIU.
HOLDEN.
HOLDEN I KALRA
ITEM TEN AB TWENTY SEVEN OH
EIGHT RAYOS.
HOLDEN.
HOLDEN I KALRA.
ITEM NUMBER FOURTEEN AB TWENTY
EIGHT TWENTY FIVE JONES SAWYER.
HOLDEN.
HOLDEN I KALRA.
QUE ITEM NUMBER FIFTEEN AB
TWENTY EIGHT SEVENTY THREE LOW.
HOLDEN.
HOLDEN I.
WE NEED A MONEY.
ITEM EIGHTEEN AB T. THREE ZERO
EIGHT ZERO GONZALEZ FLETCHER
HOLDEN. HOLDEN AYE.
ITEM NINETEEN AB THREE ZERO
EIGHT ONE GONZALEZ FLETCHER.
HOLDEN.
HOLDEN I.
WE HAVE YOUR TWENTY SO I THINK
THAT.
CATCHES YOUR.
TWELVE.
THAT IS OUT.
WE'RE WAITING FOR KALRA BUT THE
BILL IS OUT.
WITH.
EIGHT ZERO RIGHT NOW
WE'LL GO THROUGH THIS QUICKLY
THAT.
HE'S GOT CONTENT.
OKAY.
SO I DON'T NUMBER FOUR AB TWENTY
ONE FIFTY NINE CHIU.
KALRA AYE.
AB THAT NUMBER FIVE AB TWENTY TO
THIRTY FOUR JONES SAWYER.
KALRA KALRA AYE.
ITEM NUMBER SEVEN AB TWENTY
THREE SIXTY SIX BONTA KALRA
KALRA AYE.
BUT A RIVER EIGHT TWENTY FOUR
THIRTEEN CHIU.
KALRA KALRA AYE.
ITEMS YES HEN.
IS TWENTY SEVEN AWAIT WRAITHS
KALRA.
KALRA AYE.
WE.
JOINT ITEM TWELVE AB TWENTY
SEVEN FORTY SEVEN HOLDEN. KALRA
KALRA AYE.
ITEM FOURTEEN AB TWENTY EIGHT
TWENTY FIVE JONES SAWYER KALRA.
KALRA AYE.
IN THE MONTHS.
ITEM SIXTEEN AB TWENTY EIGHT
SEVENTY FOUR THURMAN'S KALRA.
KALRA AYE.
ALRIGHT.
DOT. THAT CONCLUDES OUR
BUSINESS FOR TODAY THANK YOU ALL
WE ARE ADJOURNED