ASSEMBLY JUDICIARY TODAY IS
TUESDAY JULY THIRD.
WE DO NOT YET HAVE A QUORUM.
WE HAVE A BIT OF A CHALLENGE
WITH MEMBERS COMING AND GOING.
BECAUSE WEDNESDAY COMMITTEES
ARE.
ALSO MEETING TODAY SO I KNOW
MEMBERS HAVE A LOT OF DIFFERENT
PLACES TO BE.
AND NORMALLY I WOULDN'T WANT TO
START WITHOUT [inaudible]
POLICE REPUBLICAN BUT WE'VE GOT
A LONG AGENDA.
AND NOBODY'S HERE YET SO WE'RE
GOING TO START.
AND WE WILL START WITH SENATOR
HILL WILL GO TO ITEM NUMBER
ELEVEN SP.
ELEVEN TWENTY SEVEN THANK YOU
MISTER CHAIR HAD AND GOOD
MORNING.
GEN MEMBERS S. B..
ELEVEN TWENTY SEVEN WILL HELP
STUDENTS WITH SEVERE MEDICAL
DISABILITIES ATTEND SCHOOL.
THE ONLY MEDICATION THAT WORKS
FOR SOME OF THE STUDENTS IS
MEDICAL CANNABIS THIS BILL WILL
ALLOW A PARENT OR GUARDIAN TO
COME ON CAMPUS TO ADMINISTER
MEDICAL CANNABIS TO THEM IN NON
SMOKING.
AND NON VAPING FORMS MANY OF THE
STUDENTS NEED TO TAKE IT DOSE OF
MEDICAL CANNABIS.
AT REGULAR INTERVALS WHICH OFTEN
INCLUDES DURING SCHOOL HOURS
CURRENT LAW DOES NOT ALLOW ANY
FORM OF CANNABIS ON SCHOOL
GROUNDS.
THE STUDENTS MUST BE PICKED UP
BY THEIR PARENTS AND TAKEN OFF
CAMPUS IN ORDER TO TAKE THEIR
MEDICINE.
THIS IS VERY DISRUPTIVE TO THEIR
LEARNING INFECTED SOME CASES
THEY HAVE TO BE ONE THOUSAND
FEET AWAY FROM THE SCHOOL
S. B. ELEVEN TWENTY SEVEN WILL
ALLOW THE GOVERNING BOARD OF A
K. THROUGH TWELVE SCHOOL
DISTRICT COUNTY BOARD OF
EDUCATION OR A CHARTER SCHOOL.
CHOOSE WHETHER TO ADOPT THIS
POLICY IT IS NOT A STATE
MANDATE.
DISTRICTS IN COUNTIES THAT OPT
IN CAN OPT OUT FOR ANY REASON
INCLUDING THE FEDERAL FUNDING IS
PUT AT RISK AS A RESULT OF THIS
POLICY.
S. B. ELEVEN TWENTY SEVEN
REQUIRES THE STUDENT TO BE A
QUALIFIED MEDICAL CANNABIS
PATIENT WITH A DOCTOR'S
RECOMMENDATION.
TYPICALLY THE MEDICINE IS
ADMINISTERED AS OIL CAPSULES
TEACHERS LIQUIDS OR TOPICAL
CREAMS.
THE BILL ALSO REQUIRES THAT A
PARENT MUST GIVE THE SCHOOL A
COPY OF THEIR CHILD'S MEDICAL
CANNABIS RECOMMENDATION TO KEEP
ON FILE.
SIGN IN WHEN THEY COME ON CAMPUS
TO ADMINISTER THAT ADMIT
MEDICINE.
NOT DISRUPT THE EDUCATIONAL
ENVIRONMENT AND TAKE ALL
CANNABIS FROM SCHOOL GROUNDS
AFTER ADMINISTRATION.
EXISTING LAW ALLOWS SCHOOLS TO
LEGALLY ADMINISTER ANY
PHARMACEUTICAL DRUG INCLUDING
OPIATE OPIOIDS THAT A CHILD HAS
BEEN PRESCRIBED.
IN MANY CASES THOSE OAKLEY
OPIOIDS ARE KEPT ON CAMPUS UP ON
THE SCHOOL AND ADMINISTERED BY
APES BY SCHOOL PERSONNEL.
BUT THERE ARE MEDICAL CONDITIONS
PHARMACEUTICALS CAN'T FIX AND
THEY OFTEN HAVE DEBILITATING
SIDE EFFECTS MEDICAL CANNABIS
HELPS FILL SOME OF THESE GAPS IN
LESSEN THE THESE CHALLENGING
SIDE EFFECTS PARENTS ACROSS THE
NATION.
HAVE HAD SUCCESS TREATING THEIR
CHILDREN WITH MEDICAL CANNABIS
WHEN NO PHARMACEUTICAL WOULD
WORK.
WASHINGTON COLORADO FLORIDA
MAINE DELAWARE AND NEW JERSEY
HAVE ALL PASSED LEGISLATION
ALLOWING STUDENTS TO USE MEDICAL
CANNABIS ON SCHOOL CAMPUSES IN
JUST A FEW WEEKS ILLINOIS.
WILL BECOME THE SEVENTH ST TO DO
THIS.
I DO HAVE SOME --
WITNESSES MISTER CHAIR THANK YOU
FOR THE CONSIDERATION.
THANK YOU SENATOR FIRST WITNESS
PLEASE.
GOOD MORNING SENATORS MY NAME IS
CORINA GARCIA AND I'M HERE TO
SUPPORT JUDGES ACT S. B..
ELEVEN TWENTY SEVEN MY SON
GIOVANNI JO JO HUMANNESS HAS USE
CANNABIS IN THE FORMA TINCTURES
CBD.
AND TEACH THE FOR THE PAST FOUR
YEARS.
HE HAS BEEN PLAGUED WITH
EPILEPSY SINCE THE AGE OF THREE
MONTHS OLD.
HE WAS DIAGNOSED WITH LENNOX
CUSTO SYNDROME IN.
TWENTY THIRTEEN THIS KIND OF
EPILEPSY IS VERY HARD TO CONTROL
JUDGE WITH MEDICATED WITH HIGH
DOSES OF PHARMACEUTICALS.
THAT TOOK THE ABILITY TO HOLD
HIS HEAD.
UP.
AND PARTICIPATE WITH HIS PEERS
AT SCHOOL HE WAS ALSO FITTED
WITH A DEVICE CALLED THE VAGUS
NERVE STIMULATOR ALL WITH NO
SUCCESS.
I WAS WATCHING MASON DIE RIGHT
BEFORE MY EYES I KNEW THERE HAD
TO BE A BETTER WAY.
I BEGAN RESEARCHING CANNABIS AND
THE EFFECTS OF IT TO TREAT
EPILEPSY.
AND CHOSE TO TRIED AS OUR LAST
RESORT.
FEBRUARY TWENTY FOURTEEN WAS THE
FIRST TIME WE TRIED CBT AND SEEM
VERY HOPEFUL.
THEY BUY THE A ACM EMERGE FROM
ITS MEDICATED STAY IN STARTING
GAUGING AGAIN.
SEATED SEIZURES WERE DECREASED
IMMEDIATELY I SUPPORT THIS BILL
DUE TO THE FACT THAT JUDGE
NEEDS.
A DOSE AT SCHOOL TWELVE PM
EVERYDAY.
I FEEL CANNABIS SHOULD BE
TREATED AS EVERY OTHER
CONTROLLED SUBSTANCE ON CAMPUS.
IT IS NOT FAIR THAT THIS
MEDICINE OF STE HAS SAVED MY
SON'S LIFE AND IT NOT BE GIVEN
THE SAME TREATMENT AND ABILITY
AS OTHER PHARMACEUTICAL FROM
SCHOOL CAMPUS.
THERE IS SOMETHING SOCIALLY
UNACCEPTABLE ABOUT THAT.
IN FIVE THOUSAND YEARS NO ONE
HAS DIED FROM CANNABIS IT IS THE
ONLY MEDICINE THAT CAN TREAT SO
MANY DIFFERENT ELEMENTS ON SUCH
A WIDE SPECTRUM FROM EPILEPSY TO
ARTHRITIS.
THE CANCER TO PARKINSON'S TO
ADHD AND DEPRESSION.
IT ALSO HAS THE ABILITY TO
REGENERATE BRAIN CELLS THIS I
HAVE SEEN FIRST HAND.
I LOOK FORWARD TO THIS BILL
BECOMING LAW MY SON'S LIFE AND
SO MANY OTHER CHILDREN AND YOUNG
ADULTS LIFE DEPENDS ON IT.
I ASK YOU FROM THE BOTTOM OF MY
HEART TO GIVE A YES VOTE TODAY.
AND BE THE VOICE MY SON AND SO
MANY OTHERS NEED.
THANK YOU FOR YOUR TIME AND
COMPASSION.
THAT'S WITH US.
GOOD MORNING ASSEMBLYMEMBERS.
MY NAME IS JENNIFER CONVENTION.
I'M A WIFE AND A MOM TO A
BEAUTIFUL FIVE YEAR OLD BOY
NAMED ZACHARY OR IS THE AS WE
CALL HIM.
IN A BROAD PICTURE BECAUSE I'M A
MOM I HAVE TO SHOW OFF MY SON.
WE HAVE PICTURES OF JOE DOE HERE
AS WELL.
I'M ALSO AN INTENSIVE CARE NURSE
THAT REGIONAL MEDICAL CENTER IN
SAN JOSE.
OUR ONLY SON ZACHARY WAS BORN IN
APRIL OF TWO THOUSAND THIRTEEN
AT FIVE MONTHS HE STARTED HAVING
SEIZURES AND WAS DIAGNOSEDWITH
INFANTILE SPASMS IN LIFE FOR US
STOPPED.
WE ALSO TRIED EVERYTHING OVER
TWELVE MEDICATIONS THE KETOGENIC
DIET WE SAW SPECIALIST AT
LUCILLE PACKARD TALKED ABOUT
BRAIN SURGERY WHICH HE DID NOT
QUALIFY.
FOR AND EVEN GIVEN MEDICATION
THAT WOULD PROBABLY CAUSE
BLINDNESS ALL OF THIS TO STOP
HIS SEIZURES.
NOTHING WORKED FOR US IN ON A
NEXUS SEVEN MEDICATIONS HE STILL
WAS HAVING FORTY TO SIXTY
SEIZURES AND SPOUSAL CLUSTERS.
EACH LASTING UPWARDS OF TWENTY
TO THIRTY MINUTES EACH.
OVERTIME IS TEACHERS CHANGING HE
BEGAN HAVING FULL BODY SEIZURES
WHERE HE WOULD STOP BREATHING.
THE DOCTORS TOLD US OUR SON
WOULD NOT LIVE VERY LONG TO
TREASURE THE TIME THAT WE HAVE
LEFT.
WE WERE GIVEN INFORMATION ON
NURSING HOMES FOR OUR SON.
MY HUSBAND CALLED SPECIAL CALLED
LEAVE WARS AND ASKED IF WE COULD
TRY CANNABIS AND I WAS
COMPLETELY AGAINST IT AND
THOUGHT HE WAS CRAZY.
AS A NURSE I REQUIRE EVIDENCE
BASED PRACTICE RESEARCH IN FACT
SOME OF CANNABIS I JUST DIDN'T
FEEL THAT THAT WAS THERE BUT I
WAS ON EDUCATED.
WHEN YOU'RE LEFT WITH A SON WHO
SEIZING IN YOUR STARING DEATH IN
THE FACE YOU'RE A LITTLE BIT
MORE WILLING TO TAKE A RISK?
SO WE STARTED CANNABIS A CALL
GENE STE USE IN --
TWO THOUSAND FOURTEEN AND WITHIN
A FEW WEEKS HIS TEACHERS
COMPLETELY STOPPED.
WITHIN A MONTH HE LOOKED AT US
FOR THE FIRST TIME IN A YEAR.
OVER THE LAST FOUR YEARS EVEN
ABLE TO COME OFF OF FIVE
MEDICATIONS THE CHILD TO THE
DOCTORS TOLD US WOULD NEVER WALK
OR TALK IS DOING ALL OF THOSE
THINGS AND STARTING KINDERGARTEN
IN THE FALL.
HE'S INTERACTING WITH HIS PEERS
AND HE'S DRIVING.
AT MY EVIDENCE BASED PRACTICES
NOW MY SON I'VE SEEN FIRST HAND
WHAT CANNABIS CAN DO.
THE IS FORCED TO BE REMOVED A
THOUSAND FEET OFF CAMPUS AND I
FEEL WE'RE BEING ASKED TO CHOOSE
BETWEEN HIS MEDICAL NEEDS AND
HAS EDUCATION AND I'M ASKING YOU
TO CHANGE THAT FOR US TODAY.
PLEASE VOTE YES I MIGHT REALLY
DON'T WANT TO DISRUPT TIME FOR
THE OTHER STUDENTS OR MY SON AND
I FEEL THAT THE MEDICATION THAT
TO SAVE HIS LIFE AND IT'S GIVEN
ME ABILITY TO BE PRESIDENT THE
CLASSROOM SHOULD BE GIVEN.
IN SCHOOL [inaudible]
THANK YOU.
ANYONE ELSE IN SUPPORT
[inaudible]
SEEING NONE.
SO IN SUPPORT IF YOU GIVE YOUR
NAME AND YOUR GOOD MORNING.
KIDDING MADE ON BEHALF OF WE
DROP CANNABIS DELIVERY IN THE
LONG BEACH COLLECTORS
ASSOCIATION SUPPORT THINKING.
MARIN BANALITY MEDICAID AS
BUSINESS ASSOCIATION IN SUPPORT
THINKING.
LUIS RADIUS O. LIKE I KNOW QUITE
A BIT ABOUT THE UP INTO CANADA
DON'T SYSTEM SO AND THERE WERE A
LOT OF IT HELPS I'M I'M IN FAVOR
OF IT THANK YOU.
GOOD MORNING GINA BELLA.
WE THE PEOPLE PRICING I'M IN
SUPPORT OF SB ELEVEN TWENTY
SEVEN THANK YOU THANK YOU.
I'VE NURSING BACKGROUND ALLIANCE
SUPPORT.
OF HIS BILL.
THANK YOU ANYONE ELSE IN
SUPPORT.
ALRIGHT SAY NONE IS THEIR
OPPOSITION.
SEEING NONE OF BRING IT BACK TO
COMMITTEE QUESTION COMMENTS SO
MISS GONZALEZ FLETCHER AND THEN
MISTER KALRA [inaudible]
SO.
I AM INTERESTED IN THIS AND IN
THESE TWO CASES THINK IT'S
COMPELLING I THINK I'M A LITTLE
CONCERNED.
BECAUSE IT APPEARS --
THAT THAT I WAS TRYING TO FIGURE
OUT HOW A PRESCRIPTION FOR
CANNABIS COMES ABOUT THIS HAS
BEEN LIKE AT AN ISSUE FOR ME IN
GENERAL A PRESCRIPTION FOR
CANNABIS COMES ABOUT BECAUSE WE
WANT TO TREAT IT LIKE EVERY
OTHER DRUG BUT IT'S NOT
PRESCRIBED LIKE EVERY OTHER
TRACK.
AND IT APPEARED FROM I MEAN JUST
VERY QUICK RESEARCH I DID.
YESTERDAY THAT --
THAT THERE'S NO INVOLVEMENT
NECESSARY [inaudible]
OR THE ATTRITION A CHILDREN'S
DOCTOR WITH THAT CANNABIS CARD
SO I I JUST WONDERED A LITTLE
BIT MORE ON HOW YOU DID IT THE
DECISIONS ON DOES SEEM.
AND WHAT IT'S BEING USED FOR
BECAUSE IN THE CIRCUMSTANCES WAY
OF AN EXTREME CASE IN THIS IS
THE ONLY THING THAT WORKS I GET
THAT -- I'M
A LITTLE CONCERNED THAT PEOPLE
MIGHT --
LOOK AT CANNABIS AS IT AS A LOT
OF PEOPLE DO AS A NATURAL REMEDY
FOR OTHER THINGS THAT MAY BE A
PEDIATRICIAN WOULD SUGGEST THAT
A MORE CONTROLLED SUBSTANCE FOR
CERTAIN REASONS WITH DOSAGES
THAT A PRIEST.
DESCRIBED --
MAKE MORE SENSE AND WHAT KIND OF
OPENING UP.
A PANDORA'S BOX SO I'M A LITTLE
CONCERNED THAT HAS JUST
WONDERING --
ON LIKE DOSAGES IN THE DECISIONS
AND AND THE INVOLVEMENT IT
SOUNDS LIKE YOU HAD SOME
INVOLVEMENT OF THE OF THE
DOCTORS BUT LIKE HOW THAT'S THAT
DECISION IS MADE BECAUSE IT'S
NOT A NORMAL PRESCRIPTION
CRACKED.
YEAH RULED LOOK TIME BEFORE I
GIVE YOU NEED TO TALK IN THE
MICROPHONE SO THEY FOR I CAN
EVEN GET A RECOMMENDATION I HAD
TO GET MY PEDIATRICIAN'S
APPROVAL.
SO HE HAD TO GIVE ME A DOCUMENT
THAT I COULD TAKE THAT KIND OF
THIS DOCTOR BEFORE HE EVEN
LICENSE STATUS.
IN IS APPLE THAT'S NOT THE LAW
RIGHT NOW DOLE JUST OUR DOC THE
DOCTOR WHO GAVE THE CAMPUS CARD.
AND THAT'S WHAT THIS DOCTOR
WANTED TO BE ABLE TO TREAT A
MINOR AND GIVE HIM A CANNABIS
RECOMMENDATION WHO NEEDED.
HIS PEDIATRICIAN ON BOARD I HAD
TO HAVE IT ON A LETTERHEAD
STATING THAT HIT MY PEDIATRICIAN
SUPPORT MIND EVER. TO PURSUE
CABINETS BUT I WOULD IT DOES
SEEM BECAUSE EACH PERSON IS
DIFFERENT IT'S A LITTLE BIT OF
TRIAL AND ERROR SO.
WHAT WE'VE DONE IS WE'VE STARTED
ON THE LOWER SPECTRUM AND THEN
TITRATED UP?
SO IT'S NOT A PERFECT SCIENCE
YET WE DON'T KNOW YOU KNOW HOW
THE BODY METABOLIZES EACH PERSON
IS DIFFERENT RULE IT IT
METABOLIZES DIFFERENT.
SO THEREFORE --
LIKE THOSE IS GONNA BE DIFFERENT
FROM CHEN STOSUR YOUR DOES.
AND YOU JUST TITRATE UP AS YOU
GO.
BU YOU'RE FOLLOWED BY YOUR
PEDIATRICIAN THIS PEDIATRICIANS
VERY INVOLVED WHEN THEY COME SEE
HIM HE WANTS TO KNOW THE
MILLIGRAM WITH.
THE DOES SEEM TO TYING --
ALL OF THAT SO WITH THIS BILL
REQUIRED THAT A PEDIATRICIAN AS
INVOLVED IN THAT.
THE TREATMENT OF A CHILD'S WE
HAVE TO BE BECAUSEIN ORDER TO
GET THE FORMS SIGNED ON CAMPUS
THE PEDIATRICIAN HAVE LIKE
THAT'S WHAT I THAT'S WHAT I
WANTED IT IS NOT PART OF THE
BILL.
THAT'S NOT SPECIFICALLY OUTLINED
IN THE BILL BUT YOU HAVE TO HAVE
THAT THE THE KEY IN THE BILL IS
THAT YOU HAVE A PHYSICIAN'S
RECOMMENDATION WHICH IS THE
PRESCRIPTION FROM.
A DOCTOR THAT THAT TO CALLS.
FOR AND WHAT I'M HEARING FROM
THEM AND WHAT MY CONCERNS IT IS
IT ISSUE PEOPLE HAVE BEEN A LOT
OF MINERS THAT IT'S NOT JUST I
MEAN BECAUSE THERE ARE I'M SORRY
THERE'S STILL SOME DOCTORS OUT
THERE THAT WOULD.
WELL I TO ANYBODY AND I'M AND SO
I'M I'M CONCERNED ABOUT THAT BUT
I WAS WONDERING YOU KNOW AS FAR
AS BRING IT ON SCHOOL AND AND
BUT AND I KNOW IT'S RIGHT ON TO
THE SCHOOL BY THE PARENT TO TAKE
SHOULD IN ADMINISTERS A TO THE
PATIENT TO THE CHILD.
AND THEN REMOVES IT FROM THE
CAMPUS UNLIKE OPIOIDS WHICH ARE
ON CAMPUS AND LEFT THERE IT LIKE
IN THAT STORE THAT COULD BE USED
IN THESE ARE NOT THE T. H. C..
TYPE OF PSYCHOACTIVE CANNABIS
THESE ARE THE CB DE TYPE WHICH
HAS WRITTEN THAT'S HOW THAT'S
ALLOWED UNDER THIS IN ALL ITS
ALLY CB DE I WOULD REVEAL MUCH
MORE COMFORTABLE IF IT ALSO
REQUIRED THAT IT WAS --
THAT THE P. ALONG WITH
[inaudible]
CANNABIS [inaudible]
WE'LL JUST.
I I I NOW I READ THE LA
CALIFORNIA'S MADE THAT.
CLEAR IN IS YOU ARE BUT WHAT
CHANGING A LOT FOR BRINGING
THINGS ON CAMPUS AND I'M JUST
SUGGESTING THAT IT WOULD MAKE ME
MUCH MORE COMFORTABLE.
IF THE P. EFFORT PEDIATRICIANS
ARE INVOLVEMENT WAS REQUIRED IN
ORDER TO BE --
DELIVERING THIS SO IT'S NOT JUST
A PARENT'S DECISION BUT IT'S A
BONTA FIGHT NOT THAT I'M NOT
GOING TO DISMISS AYE IT YOU KNOW
THERE'S THE LAW THERE'S ONLY
CERTAIN HOLD ON HOLD ON HOLD ON
SHE MADE A STATEMENT THERE WAS
NOT A QUESTION THERE SO.
SO I WAS JUST I I DON'T KNOW.
IF THIS IS THE LAST STOP ON THIS
BILL IF IT COMES IT IS.
I AM A WE CAN CERTAINLY LOOK AT
THAT.
AND I KNOW YOU LOVE IT WHEN I
START ABSENCE NINETEEN NINETY
SIX IT SAYS BEEN LEGAL.
FOR MINORS TO SORT OF IS IT
SHOULD MINISTER FROM UP.
A LICENSED PHYSICIAN IN
CALIFORNIA AND I UNDERSTAND THE
CONCERN YOU HAVE WHICH IS THE
SAME CONCERN THAT CHEN RAISED IN
HER SKEPTICISM OF THE ECHO OF
AND I THINK WE ALL HAVE BEEN AYE
WHICH SURPRISED AND FOR ME TO
CARRY THIS BILL I WAS SHOCKED.
THAT I WOULD BE CONSIDERED
BECAUSE I THOUGHT FRANKLY ANYONE
CAN GET UP A PRESCRIPTION OR A
RECOMMENDATION FROM A DOCTOR IN
THAT IT WAS.
YOU KNOW USED --
TO RANDOMLY FOR RECREATION FOR
ACTUAL TREATMENT OF OF OF OF THE
OF A OF A MEDICAL PROBLEM BUT
THAT -- I'VE
LEARNED A LOT I WOULD JUST HATE
A SITUATION BY WHICH AND NOT
SUGGEST THAT PARENTS CAN'T
PARENT THEIR CHILDREN BUT WE'VE
WE'VE.
MADE A LOT OF DECISIONS FOR
PARENTS WHEN IT COMES TO MEDICAL
DECISIONS --
VACCINES BEING THE MOST OBVIOUS
BUT THERE ARE PARENTS WHO WHO
MAY DECIDE JUST WITH A CARD THAT
THEY ARE DOING.
AND THE PROTOCOLS THEMSELVES AND
I I WOULDN'T FEEL COMFORTABLE
WITH WITHOUT THE INVOLVEMENT OF
A PEDIATRICIAN OR A DOCTOR THAT
IS WORKS WITH CHILDREN.
THE SAME WAY I MEAN WE HAVE A
BILL ON HEADS CANNABIS AND WE
ONE INVOLVED THAT I MEAN THIS IS
SERIOUS LIKE WE ONE OF ALL THE
VETERINARIAN BECAUSE WE WANT.
PEOPLE TO BE ABLE TO HAVE THEIR
THE DOCTOR THAT.
THAT WORKS WITH THAT PATIENT
WHETHER IT'S WHAT DOES THAT MAKE
SENSE SENATORS DO IT WOULD SHIP
IT RIGHT NOW THE DOCTOR --
IF A PARENT BRINGS A CHILD TO A
DOCTOR AND RECEIVED THE CANNABIS
IN A RECOMMENDATION --
THAT'S ALREADY BEING DONE IT'S
ALREADY USED IT IN THE PROJECT
TO SOLVE AND RESOLVE SOME
PROBLEMS THIS BILL ONLY ALLOWS
THEM TO TAKE THAT EXISTING.
USE OF THAT SHE BEAT THE OIL ARE
TO ENSURE AND BRING IT ON TO THE
CAMPUS RATHER THAN REQUIRING
THAT.
PARENT TO TAKE THAT CHILD A
THOUSAND FEES RIGHT FROM IT IN A
WHEELCHAIR IS IN THE CASE OF
THAT PHOTO.
AND ADMINISTER THAT --
THAT CBD OIL THAT'S TO JOHNNY
HERE IT'S NOT PSYCHOACTIVE IT'S
NOT SIMILAR TO AND IT ALSO IS
LOCAL CHOICE IF THAT.
THE AS WE KNOW IT TO SCHOOL
DISTRICT CAN CHOOSE NOT TO DO IT
IF TRACK THEY DON'T WANT TO
THERE'S NO MANDATE INVOLVED.
CHART I HAVE ON MY QUE TENGAN.
OKAY SO I I LAKE WOULD I I'M
SORRY I AS THAT YOU WOULD YOU
LIKE I JUST WANTED TO SAY WE
VISITED LIKE THIRTY PLUS
CANNABIS DOCTORS WE'RE TRYING TO
GET A RECOMMENDATION.
NOBODY WILL GIVE A
RECOMMENDATION TO A MINOR YOU
HAVE TO GO TO YOUR PRIMARY CARE
PHYSICIAN DEAR PEDIATRICIAN.
BECAUSE OF THE ILLEGAL FOR
MINORS TO USE CANNABIS SO YOU
HAVE TO GET ANY.
LIKE YOUR PHYSICIANS ONBOARD AND
THERE'S ONLY VERY SPECIFIC
DOCTORS WHO WILL GIVE
RECOMMENDATIONS IT'S NOT LIKE AN
ADULT.
RE I CAN GO TO JUST LIKE YOUR
POINT YOU CAN GO TO ANY.
CANNABIS DOCTOR FOR ANY REASON
YOU DON'T HAVE TO HAVE THE
INVOLVED IF YOUR PRIMARY CARE
PHYSICIAN BECAUSE HE'S DOCTORS
WILL GIVE YOU RECOMMENDATIONS
IT'S DIFFERENT FOR CHILDREN BUT
MY UNDERSTANDING IS THAT'S NOT
THE LAW THAT MIGHT BE THE
PRACTICE OF MY WRONG ON THAT.
MY MISREADING THE LAW ONLY
CERTAIN CANNABIS RECOMMENDATION
DOCTORS TREAT LIKE THEY'RE THEY
DON'T ALL DIFFERENT.
SENIOR CLASS YOU ARE LIKELY
THOUGH TO TAINT YOUR QUESTION.
TO GET A CANNABIS CARD WHICH I
THINK IS YOUR ISSUE.
JUST NEEDS A PHYSICIAN TO SAY SO
AND BECAUSE THERE ARE MINOR
APPROACH PARENTAL PERMISSION
EVER.
YES SO IT HE'D IT IS OPENING UP
IF DOCTORS ARE TAKING AMONGST
THEMSELVES TO MAKE SURE THEY'RE
NOT ISSUING THOSE. TO MINORS
WITHOUT A PEDIATRICIAN THEN.
I THINK YOU HAVE SOME
PROTECTIONS THERE IF NOT.
THEN THE THE ISSUE RAISING IS
IS.
AT ADDRESSING ISSUES.
AND MAYBE IT'S NOT THE PART I
DON'T WANT TO PREVENT --
YOUR CHILD FROM STARTING
KINDERGARTEN WITH.
A NORMAL KIND OF SITUATION SO --
I I HOPE WE CAN WORK ON THIS
ASPECT I WOULD JUST FEEL MUCH
MORE COMFORTABLE IF IT IF IT
CAME WITH.
THE RECOMMENDATION OF A
PEDIATRICIAN --
AS WELL YOU KNOW WELL THAT'S
WHAT YOU HAD I HAD TO GET THAT
BEFORE I EVEN KNOW ABLE TO YEAH
OF THE CANNABIS CARD FOR WHO I
UNDERSTAND MY DOCTOR HAD THE
SIGGRAPH HITTING A PAYER.
SO IT IS NOT TIME FOR BACK AND
FORTH AS A COVER ANSWER
QUESTIONS.
SO I THAT'S UNDERSTAND THINK THE
INTERNET AND ALSO JUST WANT TO
POINT OUT IF I COULD MISTER
CHAIR THAT THAT --
RIGHT NOW IF IF THIS BILL WERE
TO BECOME LAW LOCAL SCHOOL
DISTRICTS CAN ADD THIS IS A
POLICY IF THEY'D LIKE IF THEY
THINK THAT IT'S IMPORTANT AND
NECESSARY AS WELL AS PART OF
THEIR OF THE TERMS AND
CONDITIONS ITS GOING TO APPLY TO
WHAT WE COULD HAVE.
WE CAN APPLY ISSUE OF AND AS
WE'VE WE'VE HEARD FROM THE
WITNESSES IN.
I WOULD SAY MOST CASES OF BEFORE
OF A REGULAR PHYSICIAN WOULD
RECOMMEND CANNABIS TO A MINOR HE
WOULD WANT TO RECEIVE HER SHE
WOULD WANT TO RECEIVE SOME.
SOME SOME PRESCRIPTION OR SOME.
RECOMMENDATION FROM --
THAT THE CHILD'S PEDIATRICIAN TO
SEE AND THAT SEEMS TO BE
STANDARD PRACTICE FROM WHICH IT
IS NOT IN LAW BUT IT SEEMS TO BE
THE PRACTICE.
THANK YOU.
MISTER KALRA.
THANK YOU MISS SURE I'M I HAVE
AND BY ONE OF THE FEW AREAS
WHERE.
I DIFFER A LITTLE BIT FROM MY
COLLEAGUE ON HOW WE APPROACH
THIS ISSUE --
AYE FIRST OF ALL I THINK THIS IS
CONTINUES TO BE A FEDERAL
FAILURE --
THAT WE HAVE TO TREAT CALABASAS.
I A N. AND THE WAY THAT IT'S
TREATED AND THAT'S UNDER THE
PREVIOUS ADMINISTRATION AND THE
CURRENT ONE SO IT'S NOT A
PARTISAN THING I THINK THAT.
REALLY --
THAT THE FEDERAL GOVERNMENT HAS
NOT ACTED --
AND TREATED CANNABIS WAY THAT IT
SHOULD TO ALLOW FOR PROPER
RESEARCH ALLOW FOR PROPER USE
JUST LIKE ANY OTHER MEDICINE.
AND THE REALITY IS THAT THIS.
AS BILL WHICH I FULLY SUPPORT --
IT.
THE TREATS CANNABIS STRICTER
THAN PRESCRIPTION MEDICATIONS
THAT ARE MUCH MORE DANGEROUS AND
MUCH MORE SEVERE.
THAN CANNABIS UP FOR CHILDREN
AND LOOK YOU KNOW I HAVE I THINK
IT'S BECOME WELL DOCUMENTED IN
RECENT YEARS.
THE BENEFICIAL EFFECTS OF
CANNABIS UPON OUR CHILDREN AND
ADULTS REGARDING SEIZURES WHICH
IS GREAT BECAUSE I THINK THAT IN
SOME CASES THERE WAS NOTHING
ELSE.
THAT COULD HELP --
BUT I THINK THAT THERE ARE
PROBABLY A MANY OTHER
APPLICATIONS ANXIETY EIGHTY HD
YOU NAME IT THAT RIGHT NOW.
CHILDREN ARE BEING DRUGGED UP
WITH PRESCRIPTION DRUGS.
AB ROTTING ó BETTER THAN OTHER
ALTERNATIVES AND AGAIN THIS IS
CBD.
NOT TEENAGE SEE AS MY COLLEAGUE
MENTIONED I DO HAVE A CBD BILL
FOR PETS FOR THE SIMPLE REASON
BECAUSE OF THEIR SUB MAKE BEEN
RELIEF.
OTHER THAN HEAVY NARCOTICS AND
PRESCRIPTION MEDICATION I THINK
THAT THAT SHOULD BE.
A PROBABLY EXPLORED BY THE THAT
THE POSITION AND THE PARENT OF
AND WHAT HAVE YOU.
BUT NOW I THE THE MY AT MY
HESITANCE AND THAT SOME OF THE
SUGGESTIONS IS THAT I I REALLY
WOULD HESITATE TO CHANGE THE WAY
THAT.
WE HAD TREATED CANNABIS AND
TERMS OF WHAT'S REQUIRED TO BE
ABLE TO GET IT TO THE DISTAL USE
AS A STATE NOW AS MENTIONED
LOCAL JURISDICTIONS CAN YOU
KNOW.
LOCAL SCHOOLS TO MAKE UP THEIR
OWN RULES AS THEIR CAMPUS IT
SAYS GO THERE CAMPUS SAFETY I
GET THAT.
BUT I WOULD HESITATE AS US AS A
STATE TO GO A DIFFERENT
DIRECTION THAT WE'VE GONE
PARTICULARLY AT A TIME WHERE
WE'RE STILL WAITING FOR FEDERAL
ACTION AT A TIME OR RECREATIONAL
HAS BEEN.
LEGALIZED I THINK THAT HONING IN
ON STILL GET MEDICINAL TO THOSE
THAT NEED IT THAT THERE'S BEEN
SO MUCH TENSION RECREATIONAL OR
FORGETTING THAT WOULD YOU KNOW
WHAT THEY'RE STILL PUTTING
PEOPLE NEED.
A BUT WE CANNABIS NEED CB DE UP
FOR AILMENTS AND I I THINK THAT
I'M THIS BILL I I THINK IT IS.
BUT AS IT STANDS I FULLY SUPPORT
IT I THINK THAT HAVING A PARENT
OR GUARDIAN COME ON TO THE
CAMPUS ADMINISTER AND THEN LEAVE
THE CAMPUS WITH THE CANNABIS --
IS AS RESPONSIBLE WAY AS IT
COULD BE.
DONE AND MORE RESPONSIBLE THAN
HOW WE TREAT PRESCRIPTION
MEDICATION AGAIN THAT CAN BE
MUCH MORE SEVERE IN TERMS OF HOW
IT IMPACTS BOTH MENTALLY AND
PHYSICALLY AT A A MINOR.
SOMEONE I HAD THE OPPORTUNITY OF
BEING HAPPY TO MAKE A MOTION.
THANK YOU SECARA.
SO SAID I THINK WHAT I THINK
YOU'RE HEARING HERE IS IS A
CONCERN OF MINE THAT WITH THIS
BILL I THINK THIS THAT YOU'RE
MOVING THIS FORWARD.
BUT I ALSO WORRY WHEN WHERE WE
HAVE A CULTURE OF OVER
MEDICATING CHILDREN.
AND WE MEDICAID CHILDREN FOR OUR
BENEFIT FOR THE SCHOOL'S BENEFIT
NOT FOR THE CHILD'S BENEFIT
THERE'S OF TOO LONG OF HISTORY
OF THAT.
AND THIS IS NOT NECESSARILY
FACILITATING THAT BUT TO THE
POINT THAT IT BECOMES TOO EASY
TO MEDICAID A CHILD FOR THE
BENEFITTED SOMEONE OTHER THAN
THE CHILD WHETHER IT'S CANNABIS
RITALIN.
YOU NAME IT.
AMOUNT OF A PROBLEM WITH THAT
AND THAT'S ON THE I THINK WE
NEED TO CONTINUE TO KEEP OUR
RIGHT SENATOR YOU MAY CLOSE
THANK YOU MISTER CHAIR IN IN IN
IN RESPONSE TO THAT I AM.
ABSOLUTELY.
CONVINCED THAT DIDN'T MANY OF
THE ILLS AND PROBLEMS THAT WE'VE
SUFFERED STRUGGLE WITHIN SOCIETY
IS THE RESULT OF THAT.
THE ISSUE WITH WITH THE CANNABIS
IN THE CBD AND BRINGING THAT ON
CAMPUS UNLIKE THE OCHRE OPIOIDS
THAT ARE AND OTHER DRUGS THAT
ARE ADMINISTERED ON THE CAMPUS
AND LEFT THERE FOR THE SCHOOL TO
ADMINISTER.
A PARENT HAS TO ACTUALLY GO OUT
OF THEIR WAY DURING THE DAY AND
COME ON TO THE CAMPUS ADMINISTER
THAT IN REMOVING TO ME WHICH IS
A CHALLENGE IN.
AND NOT SOMETHING EASY FIRM FOR
MANY PARENTS TO HAVE TO DO SO
WHICH WOULD BE A STRUGGLE IN THE
IN A SACRIFICE IN MANY CASES TO
DO THAT IF THIS WERE.
SOMETHING INVOLVED I DO ABOUT
WHAT I WANNA DO IN THE INTERIM
AND TO AND TO RESPOND.
TO A ASSEMBLY MEMBER IN THOSE
FLETCHER'S A QUESTION IS TO FIND
OUT WHAT THE ROOM WITH THE
STANDARD OF PRACTICE IT'S AND
AND TO SEE WHAT.
DIDN'T WARM IS WITHIN THE IN
TERMS OF MINORS AND
RECOMMENDATIONS FROM A CANNABIS
DOCTOR I GUESS ROCK OF A BETTER
WORD AND FROM THEIR PEDIATRICIAN
IF THAT'S WHAT IS THE THE THE
THE PRACTICE AND A AND UP BE
HAPPY TO GET THAT INFORMATION --
AND AND BRING IT BACK WITH THE I
APPRECIATE THE CONVERSATION
TODAY AND I APPRECIATE THE
EFFORT IN WITH RESPECT WE
ASTRONOMICAL MISTER CHAIR THANK
YOU WE DON'T OF COURSE WE CAN'T
TO GET UP GET AT THEM OVER TIME
THANK YOU VERY MUCH YOU PRO
THINK OF THE CONVERSATION.
CREATED THANK YOU.
RIGHT SENATOR ROTH.
IT'S NEXT SO.
TAKES US TO ITEM. TWELVE AND
SIXTEEN S. B. ELEVEN TWENTY
EIGHT AM SCR.
NINETY ONE YOU HAVE A PREFERENCE
WHICH ONE YOU LIKE TO TAKE UP
SENATOR HART NO PREFERENCE
MISTER CHAIR PROBABLY WE COULD
TAKE UP THE SCR. NINETY ONE
FIRST IF SURE THAT THAT'S WORK
THAT THEY BOTH ME SO WILL TAKE
UP ITEM SIXTEEN US HERE.
NINETY ONE THANK YOU MISTER
CHAIR AND MEMBERS OF AS YOU WELL
KNOW.
SINCE A NINETEEN ABOUT NINETEEN
FIFTY THREE THE CALIFORNIA LAW
REVISION COMMISSION IS BEEN
STUDYING TOPICS AUTHORIZED BY
THE LEGISLATURE AT LEAST ONCE.
PER REGULAR SESSION THE
LEGISLATURE CONSIDERS A
CONCURRENT RESOLUTION.
THAT SETS OUT A CALENDAR OF
TOPICS AUTHORIZED FOR STUDY BY
THE COMMISSION.
THIS PARTICULAR OF CONCURRENT
RESOLUTION SIMPLY RENEWS THE
ASSORTED TO STUDY A CALENDAR OF
TOPICS AUTHORIZED IN.
TWO THOUSAND SIXTEEN BY ACR.
ONE FORTY EIGHT WITH ONE
ADDITION REQUESTED BY THE
DEPARTMENT OF TOXIC SUBSTANCE
CONTROLS INDEPENDENT REVIEW
PANEL HAVING TO DO WITH
[inaudible]
HAZARDOUS SUBSTANCE SO WITH THE
OF AND AT THE APPROPRIATE TIME.
WE HAVE A QUORUM OF EXPECT
LEAH'S FOR AN AYE VOTE.
CENTER.
ANY ONE WANT TO SPEAK IN SUPPORT
OF THIS.
ALRIGHT SEEING NONE SO DID YOU
ARE TO SPEAK IN SUPPORT OF THIS.
OKAY IS THERE ANY OPPOSITION.
COME UP HERE [inaudible]
CHAIRMAN MEMBERS.
THANK YOU FOR TAKING
[inaudible]
MY STATEMENT.
MY NAME'S RUN KELLY.
I SERVED AS THE EXPERT ADVISOR
IN DRAFTING THE CHAPTER OF THE
EVIDENCE CODE THAT PROVIDES
MEDIATION CONFIDENTIALITY IN THE
STATE AND HAS. FOR TWENTY YEARS
NOW.
AND I WAS START BY SAYING THAT I
DEEPLY APPRECIATE THE
WILLINGNESS OF SENATOR ROTH TO
MEET WITH ME FOR AN HOUR LAST
WEEK.
AND REALLY SEEK TO UNDERSTAND
THE UNDERLYING.
POLICY AND PROCESS REASONS WHY
I'M ASKING YOU [inaudible] TO
WITH HOLD YOUR I VOTE UNLESS
TWENTY THREE IS AMENDED.
THE COMMITTEE ANALYSIS BY THE
VERY ABLE.
CHIEF COUNSEL TALKS ABOUT THE
SURPRISING AMOUNT OF OPPOSITION
TO WHAT WOULD NORMALLY BE SEEING
IT AS A A ROUTINE.
RESOLUTION TO STUDY THE SAME
TOPICS AS THE COMMISSION HAS
BEEN STUDYING.
THERE ARE OVER A DOZEN MAJOR
ORGANIZATIONS THAT HAVE WRITTEN
IN OPPOSITION UNLESS TWENTY
THREE IS AMENDED INCLUDING MAJOR
BAR SO CA SHINS AND MEDIATION
PROGRAMS AROUND THE STATE.
INCLUDING MISTER CHAIRMAN THE
MAIN.
MEDIATION ORGANIZATION IN YOUR
DISTRICT THE MENTAL GUESS CENTER
--
WHY?
THE STUDY THAT THIS SECTION.
TWENTY THREE DIRECTS THE
COMMISSION TO DO HAS ALREADY
BEEN COMPLETED.
THEY'VE ALREADY FINISHED THEIR
STUDY.
THEY'VE ALREADY VOTED TO APPROVE
THEIR FINAL RECOMMENDATION.
AND THAT RECOMMENDATION WAS SO
WIDELY POSE THAT NO LEGISLATOR
WOULD CARRY.
THE COMMISSION TOOK INPUT FOR
FIVE YEARS FROM THE PUBLIC FROM
ORGANIZATIONS WHO SPENT ENORMOUS
AMOUNTS OF TIME FLYING AROUND
THE STATE.
COMMENTING.
ANALYZING PROPOSALS I MYSELF
ATTENDED TWENTY TWO STRAIGHT
COMMISSION MEETINGS.
VIRTUALLY EVERYONE IN THE FIELD
AND ALL STAKEHOLDERS FOR SAYING
YOU'RE TAKING THE WRONG
APPROACH.
THIRTY THREE ORGANIZATIONS WENT
ON RECORD THIRTY TO OPPOSE THE
APPROACH THE COMMISSION TOOK IN
THIS PARTICULAR STUDY.
SECTION TWENTY THREE IS OBSOLETE
AND REDUNDANT ANYWAY AND I WOULD
RESPECTFULLY ASK THAT YOU.
IF THERE IS A PROCEDURE AWAITED
DO SO.
CHANGE SECTION TWENTY THREE TO
SAY THE SECTION DELETED.
THANK YOU FOR TIME AND I'M HAPPY
TO ANSWER ANY QUESTIONS ANYONE
SCOTT.
THANK YOU ANYONE ELSE IN
OPPOSITION.
I'D SAY NONE OF IT BACK TO THE
COMMITTEE [inaudible]
QUESTIONS COMMENTS [inaudible]
ALRIGHT SENATOR PERHAPS YOU CAN.
ADDRESS THAT AND ALLOW YOU TO
CLOSE WELL.
YOU MISTER CHERUB THAT ACTUALLY
--
MY FRIEND WAS WAS CORRECT IT IS
MY UNDERSTANDING OF THE FROM MY
UNDERSTOOD MY UNDERSTANDING THAT
THE COMMISSION HAS COMPLETED ITS
WORK IN STUDYING THE MEDIATION
PIECE OF THE ASSIGNMENT THAT THE
LEGISLATURE OF PROVIDED TO IT.
OF THERE IS A REPORT --
THAT IS AT LEAST IN DRAFT IF
NOT.
FINALIZED AND FINALIZED --
THAT IS POSTED --
I'VE MY POSITION IN THE PAST HAS
ALWAYS BEEN THAT --
WE'RE NOT TAKING A POSITION ON
THESE ISSUES ONE WHERE THE OTHER
OR A POSITION ON THIS STUDY IN
THE THE CONCLUSIONS OF THE
COMMISSION REACHES.
IN ANY OF ITS STUDIES WERE
SIMPLY REAUTHORIZING THE
COMMISSION'S PORTFOLIO IF YOU
WILL -- AND
THAT'S THE CASE HERE.
I THOUGHT IT WAS.
PERHAPS A A BAD PRECEDENT START
BY DELETING ASSIGNMENTS.
THAT WE HAVE IS A LEGISLATURE
GIVEN THE COMMISSION FROM
SUBSEQUENT RESOLUTIONS WHEN WE
REAUTHORIZE ITS WORK.
THE COMMISSION DOES HAVE TO FROM
TIME TO TIME.
PROVIDE SUPPORT --
ANSWER QUESTIONS REGARDING THE
STUDIES THAT IT CONDUCTS.
IT PERHAPS HAS SUCH AUTHORITY A
BURIED IN THE RESOLUTION IN
OTHER PLACES [inaudible]
SO ON IT WOULD BE POSSIBLE.
ALTHOUGH IT'S NEVER BEEN DONE TO
MY KNOWLEDGE. TO STRIKE AN
ASSIGNMENT THAT WE PREVIOUSLY
GIVEN THE COMMISSION.
I DON'T KNOW IF THAT SERVICE
THREATS OF SUFFICIENT RESPONSUM
HAPTIC AS ANSWER FURTHER
QUESTIONS IF ANYONE.
HAS THEM ON THE SUBJECT.
DIED AND JUST WAIT AYE AYE I
AGREE BUT I DON'T THINK THAT BY
STRIKING ALLEVIATE IT IS
DETERMINATIVE OF ANYTHING THAT
THIS BODY MAY.
OR MAY NOT DO IS NOT WEIGHING IN
ON THE SUBJECT AND I AGREE THAT
IT WOULD BE.
THERE'S NO PRECEDENT FOR US
STRIKING OUT A REMOVING
AUTHORITY AND I THINK THAT'S
SOMETHING WE WOULD BE.
HAVE WOULD NEED TO DO VERY VERY
CAREFULLY TO REMOVE AUTHORITY
FROM THE LAW REVIEW COMMISSION.
AND MISTER CHAIR I WOULD ADD TO
HAVING SPENT SOMETIME WITH MR
KELLY WHO'S AN EXTRAORDINARY
INDIVIDUAL VERY BRIGHT --
CERTAINLY INFORMED ME ON A
VARIETY OF ISSUES SPECIFICALLY
INCLUDING THIS ONE I WOULD NOT
WANT TO TAKE A POSITION.
IN THIS RESOLUTION ON THAT
PARTICULAR OF SUBJECT IN THAT
AND THE STUDY THAT WAS ISSUED BY
THE COMMISSION [inaudible]
THANK YOU [inaudible]
OKAY.
THINK THERE'S YOU CLOSER YES SIR
RESPECTFULLY HAS FOR A VOTE AT
THE APPROPRIATE TIME IF THEY
WERE.
ALRIGHT.
THEN WE'LL MOVE TWO I'VE EVER
TWELVE S. B..
ELEVEN TWENTY THANK YOU MISTER
CHAIR.
THIS PARTICULAR BILL DOES THE
THREE THINGS IT PERTAINS TO
COMMON INTERESTS TO
DEVELOPMENTS.
HOMEOWNERS ASSOCIATIONS
CONDOMINIUMS AND LIKE IT ALLOWS
RESIDENTS OF COMMON INTEREST
DEVELOPMENTS TO OPT IN BY EMAIL
TO RECEIVE CERTAIN DOCUMENTS.
SUCH AS ANNUAL BUDGETS AND
ANNUAL POLICY STATEMENTS BY
EMAIL AND TO DO SO THROUGH THE
USE OF EMAIL.
IT ALSO CHANGES THE NOTICE
REQUIREMENT PERIOD FOR PROPOSED
RULE CHANGES TO TWENTY EIGHT
DAYS FROM THIRTY DAYS.
IN ORDER TO ACCOMMODATE MORE
EFFECTIVE CALENDARING OF
MEETINGS.
FINALLY IT CREATES --
AN ACCLIMATION PROCESS FOR
UNCONTESTED BOARD ELECTIONS
WHERE THE NUMBER OF CANDIDATES
DO NOT EXCEED AND IN SOME CASES
ARE LESS THAN THE NUMBER OF
VACANCIES.
THERE ARE SOME AMENDMENTS --
IN MOCK UP FORM THAT ARE A
COMBINATION AMENDMENTS
NEGOTIATED WITH THE OPPOSITION
THAT WILL GIVE WOULD BE RIGHT IN
CANDIDATES AN ADDITIONAL. TWENTY
ONE DAY PERIOD TO SUBMIT
EVIDENCE OF CANDIDACY AFTER THE
CLOSE OF NOMINATIONS.
AS WELL AS AMENDMENTS NEGOTIATED
WITH THE COMMITTEE TO
INCORPORATE RESTRICTIONS.
ON CANDIDATE QUALIFICATIONS IN
OTHER WORDS RESTRICT THE TYPE OF
RESTRICTIONS SO TO SPEAK.
THAT ASSOCIATIONS MAY PLACE ON
CANDIDATES IN CANADA
RECRUITMENT.
AND THAT'S WHAT THE BILL DOES IT
AGAIN AT THE APPROPRIATE TIME I
RESPECTFULLY AS FOR AN AYE VOTE.
SEN SO YOU'RE TAKING THOSE OF
ITS ABSOLUTELY MUST CHECK YOU
THANK YOU.
RIGHT THIGH WITNESSES SUPPORT
PLEASE.
THANK YOU MISTER CHAIRMAN AND
MEMBERS TIME BRAD HATS AND SEE
ALL THE GOOD AWARDS VILLAGE A
COMMON INTEREST DEVELOPMENT
HAVE.
TWELVE THOUSAND SEVEN HUNDRED
THIRTY TWO HOMES AND OVER
EIGHTEEN AT THOUSAND RESIDENTS
AGE FIFTY FIVE AND OLDER WHERE
THE SPONSOR OF S. B..
ELEVEN TWENTY EIGHT MOST MORE
MEMBERS LIVE ON MODEST FIX
INCOMES.
ARE THE AB AVERAGE MEDIAN INCOME
IS UNDER FORTY THOUSAND IN OUR
COMMUNITY.
ARMS WE TRIED TO BE VERY FRUGAL
AREA IN USING THEIR RESOURCES TO
WRITE A VERY HIGH QUALITY OF
LIFE IN A PRETTY EXPENSIVE.
OUR COMMUNITY.
BOMB THIS BILL IS A PRODUCT OF
THOSE AFTER.
WITH RESIDENT RESOURCES I THINK
THE SENATOR COVERED THE FIRST.
TWO PRETTY WELL --
THE EMAIL --
COMMUNICATION AS WELL AS THE
CHANGE WITH THIRTY TWENTY EIGHT
DAYS WILL BE VERY EFFICIENT FOR
US AND WILL SAVE OUR RESIDENTS.
A LOT OF MONEY.
NAM THE THIRD CHANGE ELECTION BY
ACCLAMATION BY THE MOST
SIGNIFICANT COST SAVINGS THIS
PROVISION WOULD EXTEND H. WEIGHS
THE SAME ABILITY.
MUNICIPALITIES SCHOOL DISTRICT
SPECIAL DISTRICTS HAVE --
UP TO A POINT BY ACCLAMATION AND
AVOID COSTLY COSTLY ELECTIONS
WHEN THE OUTCOME IS IS ALREADY
--
KNOWN.
NAM FOR H. AWAY SUCH AS OURS A
SINGLE ACTION.
COST BETWEEN TWENTY AND THIRTY
THOUSAND DOLLARS AND WE DO THREE
A YEAR AND SO.
I LAST YEAR WE SPENT ABOUT SIXTY
THOUSAND DOLLARS ON UNCONTESTED.
OUR ELECTIONS I'M SO WE'VE HEARD
CONCERNED HAVE.
A FOR MAYBE THAT SOMEHOW --
THE BOARD WOULD.
OUR BOARDS WOULD IMPOSE --
KIND OF AND REASONABLE
QUALIFICATIONS AND AND I IN MY
EXPERIENCE IS THAT KIND OF
UNFOUNDED WE HAVE DIFFICULTY
[inaudible]
FINDING PEOPLE. TO TAKE ON THESE
CHALLENGING VOLUNTEER PASSED
THAT IN OUR COMMUNITY IT'S A
FORTY HOUR WEEK JOB.
AND I HAVE FORTY TWO BOARD
MEMBERS SO FINDING FORTY TWO
BOARD MEMBERS TO VOLUNTEER THAT
KIND TIME IS QUITE DIFFICULT.
AND SO -- I
THINK OF THE AMENDMENTS THAT
WE'VE ADDED --
WHILE WE DON'T HAVE TO BE
RESTRICTIONS OUR COMMUNITY
BECAUSE WE'RE DYING GET MORE
BOARD MEMBERS I THINK OUR IS
GOOD POLICY AND AND I APPLAUD --
THE COMEDIAN AND THE SENATOR --
FOR TAKING THAT TASK ON AGAIN
WE'VE WE'VE ADDED.
INCLUSION INTO THE ACCLAMATION
PROCESS AND I THINK THAT'S GOOD
FOR OUR COMMUNITY AND AND FOR
THE STATE AS A WHOLE BY THANK
YOU FOR YOUR EFFORTS.
THANK YOU ANYONE ELSE IN
SUPPORT.
SEEING NONE IS THERE OPPOSITION.
MORNING MISTER CHAIR MEMBERS OF
THE COMMITTEE WILL COME TO THE
TABLE [inaudible]
ARTIST YOU.
GOOD MORNING MISTER CHAIR
MEMBERS OF THE COMMITTEE LARA
KNOW AND HE TO COME BEHALF OF
THE COMMUNITY ASSOCIATIONS
INSTITUTE --
WE WARN SUPPORT AND WE SUPPORT
VOTE BY ACCLAMATION
UNFORTUNATELY THOUGH WITH THE
COMMITTEE AMENDMENTS WE ARE
CONCERNED ABOUT THE BURDENS OF
PLACES ON HOMEOWNERS
ASSOCIATIONS AND UNFORTUNATELY
AT THIS TIME HAVE TO REMOVE.
OUR SUPPORT THINK.
THANK YOU THAT'S WITNESS PLEASE.
GOOD MORNING MARJORIE MURRAY
CENTER FOR CALIFORNIA HOMEOWNER
ASSOCIATION LAW.
FIRST OF ALL I WANT TO THANK THE
COMMITTEE.
CONSULTANT ANTHONY LOW FOR HIS
OUR HEROIC WORK ON THIS BILL AND
ALSO THE WIECKOWSKI BILL THE
SUBJECT OF CAL OF ELECTIONS IN
CALIFORNIA'S COMMON INTERESTS
DEVELOPMENTS.
IS NOT AN EASY ONE TO GET YOUR
ARMS AND YOUR BRAINS AROUND.
AND THAT WE HAVE WORKED VERY
HARD A TO TRY TO SORT OUT SOME
OF THESE ISSUES.
THIS IS NOT THE FIRST TIME THE
TOPIC OF ELECTIONS BY
ACCLAMATION HAS COME BEFORE THE
LEGISLATURE.
THIS IS AT LEAST A THIRD OF
ABOUT THE FORD --
WE DO HAVE SOME BASIC CONCERNS
AND WERE ACTUALLY IN ON OPPOSE
POSITION.
ORIGINALLY ON THIS BILL --
WE'RE CONCERNED ABOUT THE NATURE
OF ACCLAMATION AS OVERRIDING THE
OF NATURE OF COMMON INTEREST
DEVELOPMENTS WHICH ARE SELF
GOVERNING INSTITUTIONS SO.
USING ACCLAMATION AS A TOOL TO
SEE BOARD DIRECTORS DOES REMAIN
A CONCERN FOR US.
HOWEVER WE HAVE WORKED VERY HARD
ON AMENDMENTS --
AS SENATOR ROTH EXPLAINED TO
WORK OUT THE QUALIFICATIONS
ISSUE AND TO WORK OUT SOME
ISSUES AROUND NOTICE.
SO I THINK THAT THE BILL IS
HEADED IN THE RIGHT DIRECTION
BUT THERE IS A GREAT DEAL WORK
MORE TO BE DONE.
OF SO WE HAVE MODERATED OUR
POSITION IN HOPES THAT SOME OF
THESE OUTSTANDING ISSUES CAN BE
RESOLVED.
BUT I WOULD ALSO LIKE TO PRESENT
TO OUR ERIC SHEFFER.
OF WHO IS AN ATTORNEY WHO HAS
LITIGATED THE ONLY PUBLISHED
APPELLATE CASE IN THE CALIFORNIA
COURTS ON ASSOCIATION ELECTIONS
WHO WILL EXPAND ON THE TOPIC OF
USING.
A ACCLAMATION AS A TOOL FOR
SEATING FOR DIRECTORS.
THANK YOU RECKLESS WITH THANK
YOU MISTER CHAIR UP MARJORIE
NOTED MY NAME IS ERIC SHIP FOR I
AM A PRINCIPAL AT THE LAW FIRM.
OF SHIVERING BOOSTS APC WERE
LOCATED IN ORANGE COUNTY
CALIFORNIA.
I AM A. S. CERTIFIED APPEL A
SPECIALIST AND I WAS COUNSEL
RECORD IN THE WITTENBERG VERSES
BEACH WHAT HOMEOWNERS
ASSOCIATION WHICH IS MURDER
SAID.
IS THE ONLY PUBLISHED OPINION ON
THE IT TO ELECTION PROCESS --
MIGHT FIRM DOES REPRESENT MANY
DISSENTING HOMEOWNERS OF THESE
ISSUES DO COME UP MORE OFTEN
THAN THAN YOU MAY THINK.
AND THE ISSUE I WANTED --
TO DRESSED TO THE THE COMMITTEE
TODAY IS THE ACCLAMATION ISSUE
--
THE STATED GOAL IS TO IS THAT
ARE DEEMED UNNECESSARY.
BUT THAT'S A LITTLE BIT OF A
MISNOMER BECAUSE IN THE
ACCLIMATION PROCESS THERE
ACTUALLY IS AN ELECTION IT'S
HELD EXCLUSIVELY BY SEATED BOARD
MEMBERS.
IT'S A VOTE UP BUT IT'S A VOTE
DONE WITHOUT A BALLOT.
SO THE ISSUE IS HOW IMPORTANT IS
A BALLOT TO THE LEGITIMACY OF
THE ELECTION PROCESS AND I WOULD
SUGGEST THAT.
IT IS QUITE IMPORTANT --
WE START WITH THE PREMISE THAT
H. AWAYS ARE BECAUSE I
GOVERNMENTAL ENTITIES MANY CASES
HAVE SO HELD.
AND AT SUCH A TO A BOARD ENGAGE
IN CONDUCT CONSTITUTES MATTERS
OF PUBLIC INTEREST THE THINGS
THEY DO.
THAT DIRECTLY AFFECTS THE
MEMBERS HOMES --
SAID IN ANGER BALLOT VOTE ON
MEMBERS THAT DIRECTLY IMPACT
COMMUNITY MEMBERS HOMES CAN LEAD
TO VIOLATION OF CONSTITUTIONAL
OR AT THE VERY LEAST BECAUSE
THEY CONSTITUTIONAL RIGHTS --
MORE PORTLY I THINK IT OPENS THE
DOOR TO ASSOCIATION BOARDS BEING
ABLE TO STRIP THEIR OPPONENTS A
VOTING RIGHTS WHICH AFFECTS THE
EQUITY --
THE FAIRNESS IN THE INTEGRITY OF
THE PROCESS IT ALSO AFFECTS THE
ABILITY TO DO WRITE IN VOTES --
AND IT ADDS IN AT A MECHANISM TO
QUELL DISSENTING VIEWS --
AND ALL THIS BEING DONE UNDER
THE AUSPICES OF COST SAVINGS I
THINK CAN BE SEEN AS CHILLING
THE VOTING PROCESS IN SOME
INSTANCES.
BOB CORDY THE LEGISLATIVE
HISTORY OF US TO LOOK AT FIFTY
ONE OH FIVE WHICH AT THE TIME
WAS THIRTEEN SIXTY THREE POINT
OF THREE IT WAS ENACTED TO
IMPROVE THE INTEGRITY OF THE
VOTING PROCESS AND BASED UPON
FINDINGS.
YEAH IT WAS SHOWN THAT THE
ELECTIONS BOARD MEMBERS WERE
CONTAMINATED BY OPPRESSION
MANIPULATION AND INTIMIDATION OF
MEMBERS I'VE HANDLED MANY CASES
WHERE I'VE SEEN THOSE THINGS
HAPPEN FIRST HANDED THOSE THOSE
THINGS ARE REALIZADO.
THIS PROPOSED LEGISLATION
REGARDING ACCLAMATION PORTION I
BELIEVE IS A STEP BACKWARDS
UNDER THE AUSPICES OF COST
SAVINGS AND I THINK THAT CAN BE
DANGEROUS SO WITH THAT I WOULD
SUBMIT MY COMMENTS THANK YOU
VERY MUCH.
THANK YOU AND ALSO OPPOSITION.
ALRIGHT SING NONE OF BRING IT
BACK TO COMMITTEE FOR QUESTIONS
OR COMMENTS AND THIS FOR THE
COMMITTEE THIS BILL NEEDS TO BE
SEEN IN THE CONTEXT OF CENTER
WIECKOWSKI SPILL THAT WE'LL SEE
LATER ON BECAUSE IT SEEMS THAT
THESE ARE.
IT'S ACTUALLY GOOD THAT THEY
CAME TOGETHER BECAUSE WE WERE
ABLE TO HARMONIZE SOME OF THE
PROVISIONS [inaudible]
AND THAT.
IT'S DIFFICULT TO LOOK AT
HOMEOWNERS ASSOCIATION.
AS A GOVERNMENTAL AGENCY BECAUSE
IT IS SEEMS OPERATE MORE LIKE A
NONPROFIT BUT YET BECAUSE THESE
ARE INDIVIDUALS WHO ARE LIVING
THERE IT'S THEIR HOME WHO WERE.
MAKING THE DECISION TO TO MOVE
INTO A LOCATION LIKE THEY WOULD
A CITY THAT THAT HAS THESE
ADDITIONAL SETS OF RULES.
I THINK IT'S APPROPRIATE FOR US
TO LOOK AT THEM A LITTLE BIT
MORE.
IN THE WAY THAT A A LOCAL AGENCY
WOULD WORK.
AND WHILE IN CITIES COUNTIES AND
OTHER LOCAL JURISDICTIONS IF
THERE'S NOT ENOUGH PEOPLE. TO
QUALIFY FOR ELECTION IT'S IN A
POOR BECAUSE SAVING MESSAGE
[inaudible]
METHOD.
TO DEEMED THOSE PEOPLE THAT
ESSENTIALLY APPOINTED TO THE
BOARD.
IN THIS CASE HOWEVER SO BUT FOR
CITIES COUNTIES THEY'RE VERY
VERY FEW IF ANY RESTRICTIONS ON
WHO CAN STAND FOR THOSE
ELECTIONS.
IN THESE CASES THE BOARD ITSELF
HAS THE ABILITY TO CREATE
RESTRICTIONS ON WHO IS ELIGIBLE.
TO BE TO SERVE ON THE BOARD OF
DIRECTORS AND ND THROUGH
POTENTIAL THE POTENTIAL
MANIPULATION OF WHO'S ELIGIBLE.
THAT DOES HAVE THE ABILITY THEN
TO NARROW THE THOUGH THE FOCUS
HAVE WHO MIGHT BE ABLE TO SIT ON
A BOARD.
THAT'S KIND OF THE HEART OF THE
THE ISSUES THAT THAT I HAD WITH
THIS AND I APPRECIATE SENATE
ROTH BEING WILLING TO WORK WITH
US.
THROUGH THOSE ISSUES I THINK WE
HAVE ULTIMATELY NO STANDING
THAT.
THE OPPOSITION TO ADD TO
UNDERSTAND THE CONCERNS BUT I
THINK.
HOMEOWNER ASSOCIATIONS DO NEED
TO HAVE SOME FLEXIBILITY WHERE
IT'S IT'S APPROPRIATE AND WE
ALSO YOU HAVE SERVED BICU HAVE
VERY LARGE HOMEOWNERS
ASSOCIATION.
WE ALSO NEED TO BE CAREFUL ABOUT
CRAFTING STATE LA TO ADDRESS
ISSUES THAT MIGHT EXIST THERE
AND I APPLAUD.
YOUR DESIRE TO REDUCE THE COST
ON YOUR RESIDENTS BUT WE HAVE TO
BE CAREFUL ACROSS THE STATE
BECAUSE THERE MANY DIFFERENT
HOMEOWNERS THOSE ASIAN.
MANY DIFFERENT FACILITIES THAT
THIS IS GOING TO APPLY TO AND IN
ANY CASE WHERE WE ARE
RESTRICTING SOMEONE'S.
ABILITY EVEN A DISSENTING VOICE
TO SIT AND VOTE.
ON SOMETHING THAT AFFECTS THEM
SO DIRECTLY I THINK THAT'S THE
PART THAT WE HAVE.
SO WITH BOTH THIS BILL AND THE
WHITE HOUSE KEEP BILL.
WE DO HAVE A VERY CAREFULLY
CONSTRUCTED --
DEAL THAT WAS MADE AND SET OF
AMENDMENTS THAT WERE MADE AND IF
[inaudible]
THAT.
IF THESE AMENDMENTS ARE CHANGE
THROUGH THE PROCESS THEN THIS
COMMITTEE WILL BE BRINGING THIS
BILL OR SEMI CASSIE'S BILL IF HE
DOES SOMETHING BACK TO MAKE SURE
THAT WE ARE HARMONIZING THEM
BECAUSE I I THINK WE HAVE.
A PRETTY GOOD BALANCE HERE WITH
THE ALL THE COMPETING INTERESTS
SOMETHING THAT WE THAT WE ARE
TRYING TO DO WITH SOMETHING THAT
HAS BEEN IN THE ISSUE OF OF
ELECTIONS BACK MASON IS COME UP
A LOT AND IT'S SOMETHING I THINK
THAT.
THAT WE DO NEED. TO FIND A WAY
TO DEAL WITH THAT'S WHAT WE'RE
ATTEMPTING TO DO HERE.
SO THAT'S WHY WE ARE WHERE WE
ARE AND I APPRECIATE BOTH CENTER
WIECKOWSKI AND ROB FOR WORKING
SO CLOSELY WITH US.
TO FIND A SOLUTION THAT ALLOWS
BOTH BILLS TO MOVE FORWARD BOTH
BILLS [inaudible] TO EVEN THOUGH
THAT THE APPROACHES WERE A
LITTLE BIT DIFFERENT WE TALK
ABOUT THE SAME CODE TECHIES WE
TALK ABOUT BASIC THE SAME THING.
SO WE WE'RE ABLE TO HARMONIZE
THESE IT TO A REASONABLE EXTENT.
AND I APPRECIATE THAT.
OTHER QUESTIONS COMMENTS FROM
COMMITTEE.
STILL.
LACKO QUORUM BUTTON CENTER YOU
MAKE CLUBS MISTER CHAIR I JUST
WANT TO THANK YOU IN THE MEMBERS
FOR YOUR CONSIDERATION
APPRECIATE.
THANK YOU WE WILL TAKE THIS UP
ONLY.
HAVE ENOUGH OF A QUORUM TO BE
ABLE TO MOVE FORWARD.
SO WE NOW GO TO SENATOR LEYVA
HUNDRED YOU HAVE TWO BILLS
BEFORE US.
ITEM NUMBER FIVE S. B. EIGHT
TWENTY AND ITEM NUMBER TEN SB.
TEN THIRTY EIGHT YOU HAVE A
PREFERENCE.
ALRIGHT WE WILL TOO ITEM NUMBER
FIVE S. B..
EIGHT TWENTY WELL GOOD MORNING
MISTER CHAIR GOOD MORNING
MEMBERS HAPPY ALMOST FOURTH OF
JULY.
S. B. EIGHT TWENTY ALSO KNOWN AS
THE STAND ACT THE STAND TOGETHER
AGAINST NON DISCLOSURE ACTS
WOULD PAN SECRET SETTLEMENTS IN
SEXUAL HARASSMENT SEXUAL ASSAULT
AND SEX DISCRIMINATION CASES.
THIS IMPORTANT BILL WILL EMPOWER
VICTIMS BY ALLOWING THEM TO
REQUEST CONFIDENTIALITY IF SHE
OR HE REQUIRES AND CHOOSES.
CURRENTLY CALIFORNIA LAW DOES
NOT ENFORCE CONFIDENTIALITY
AGREEMENTS IF THEY INVOLVE A
FELONY CHARGE OF SEXUAL ASSAULT
OR RAPE AND CASES OF ELDER
INDEPENDENT ADULT ABUSE.
SO S. B. EIGHT TWENTY TAKES THE
NEXT LOGICAL STEP BY COVERING
ALL CASES OF SEXUAL HARASSMENT
ASSAULT AND DISCRIMINATION.
AS WE HAVE CLEARLY SEEN OVER THE
LAST FEW MONTHS SEXUAL
HARASSMENT OTHER TYPES OF NON
FELONY SEXUAL ASSAULT ARE STILL
ALLOWED TO BE HIDDEN FROM THE
PUBLIC EYE VIA SECRET
SETTLEMENTS.
IN SHORT SECRET SETTLEMENTS HELP
PERPETRATORS EVADE JUSTICE.
I THINK A LOT ABOUT HARVEY
WEINSTEIN AND THAT SCANDAL AND
HOW IT THE VERY FIRST VICTIM
HADN'T BEEN ALLOWED TO ARE MADE
TO SIGN.
A SECRET SETTLEMENT MAYBE THE
SEVENTY NINE OTHER WOMEN
WOULDN'T HAVE BEEN SUBJECTED TO
HELP.
THIS CYCLE SEXUAL HARASSMENT AND
ASSAULT IS NOT NEW WE'VE ALL
SEEN IT TIME AND TIME AGAIN
INSTANCES IN WHICH RICH AND
POWERFUL PEOPLE AND COMPANIES.
HIDE BEHIND THEIR ABILITY TO USE
SECRET SETTLEMENTS AND THE
CURTAIN OF SECRECY TO KEEP THEIR
VICTIMS QUIET.
BY SHINING A LIGHT ON EFFORTS TO
SILENT VIC'S SILENCE VICTIMS SB
EIGHT TWENTY WILL KEEP THESE
AGGRESSORS ACCOUNTABLE AND
PREVENT THEM FROM PREYING ON OF
THE VICTIMS.
WE ALL DESERVE TO LIVE AND WORK
FREE FROM SEXUAL HARASSMENT
ASSAULT DISCRIMINATION.
IN S. B. EIGHT TWENTY ONE POWER
VICTIMS SO THAT DAY AND NOT BE
HARASSER OR THE ATTACKER CAN
DECIDE WHAT IS BEST FOR
THEMSELVES.
HERE WITH ME TODAY IS ALEXIS
MCKENNA WITH THE CONSUMER
ATTORNEYS OF CALIFORNIA.
AND SHANE GUSMAN WITH SAG AFTRA.
THANK YOU FIRST WITNESS PLEASE.
GOOD MORNING MISTER CHAIR
MEMBERS.
MY NAME IS ALEXIS MCKENNA I
REPRESENT EMPLOYEE EMPLOYEES IN
EMPLOYMENT CIVIL RIGHTS MATTERS.
I'M HERE ON BEHALF OF CONSUMER
ATTORNEYS OF CALIFORNIA A CO
SPONSOR ALONG WITH THE
CALIFORNIA WOMEN'S LAW CENTER OF
SP.
EIGHT TWENTY S. B. A TWENTY
ADDRESSES THE ISSUE OF SECRET
SETTLEMENTS AND EMPLOYMENT
CASES.
DURING MY EIGHTEEN YEARS OF
REPRESENTING HARASSMENT VICTIMS
I'VE SEEN A GROWING TREND WHERE
EMPLOYERS INSIST UPON THE
EMPLOYEE.
AGREEING TO A NON DISCLOSURE AND
NON DISPARAGEMENT BECAUSE IN
ORDER TO SETTLE THESE CLAIMS.
THESE CASES OFTEN INVOLVE A
PERSON IN A POSITION OF POWER OF
SUPERVISOR A MANAGER AND
EXECUTIVE.
USING HIS OR HER POSITION TO
SUBJECT A LOWER LEVEL EMPLOYEE.
A SEXUAL DEGRADATION HUMILIATION
AND ADVANCES. ONE WOULD THINK
THAT STOPPING THIS TYPE OF
BEHAVIOR WOULD BE A PUBLIC
POLICY CONCERN WHICH WOULD
NECESSITATE PUBLIC LIGHT. TO
ENSURE THAT THIS TYPE OF
BEHAVIOR DOES NOT REOCCUR.
IT INCREASINGLY DEFENDANTS
INSIST ON SECRECY SO THAT SO
THAT IF A VICTIM WANTS PERSONAL
CLOSURE FOR THEIR ORDEAL.
THEIR FORBIDDEN TO ENGAGE IN ANY
EFFORT TO INSURE THAT THE SAME
BEHAVIOR DOESN'T HAPPEN TO
ANOTHER UNSUSPECTING EMPLOYEE.
SOME WILL ARGUE THAT SECRET
SETTLEMENTS ARE NECESSARY TO
EFFECTUATE A SETTLEMENT IN OTHER
WORDS THE DEFENDANT WILL NEVER
SETTLE A CASE UNLESS THE
INFORMATION IS KEPT QUIET.
HOWEVER AGAIN THIS IS A GROWING
TREND.
NOT ALL EMPLOYERS HAVE INSISTED
ON THIS AND IT USED TO BE
UNCOMMON AND SETTLEMENTS WERE
FLUCTUATED.
IN ADDITION THE LEGISLATURE HAS
PROHIBITED SECRET SETTLEMENTS
AND OTHER CONTACTS SUCH AS
CHILDHOOD SEXUAL ABUSE.
AND OUR MEMBERS REPORT THESE
CASES DO STILL SUBTLE BUT
WITHOUT SECRECY.
AS WE'VE SEEN IN REPEATED
EXAMPLES THE USE OF SECRET
SETTLEMENTS HAVE BECOME RAMPANT.
AND ALLOW PERPETRATORS TO
CONTINUE HARASSMENT WITHOUT ANY
ACCOUNTABILITY.
THE PUBLIC POLICY CONCERNS
REGARDING THIS BEHAVIOR AND THE
ELEMENT OF DETERMINED DETERRENCE
IN THE CIVIL RIGHTS CASES MAKE
CLEAR THE NEED TO ELIMINATE
THESE EMPLOYER MANDATED SECRECY
CAUSES.
SECRET SETTLEMENTS IN SEX
OFFENSE CASES ARE MAJOR REASON
WHY PREDATORS.
WHETHER WITHIN FOX NEWS HARVEY
WEINSTEIN OR EVEN BILL COSBY
WERE ABLE TO HIDE SEXUAL
HARASSMENT OR ASSAULT.
SO MANY YEARS.
CHAU C. STRONGLY BELIEVES THE
LEGISLATURE MUST INTERVENE TO
SHIFT THE BALANCE BETWEEN THE
PARTIES WHO DEMAND SECRECY TO
SETTLE A CLAIM.
AND THE PUBLIC INTEREST IN
CURBING HARASSMENT AND ENSURING
ACCOUNTABILITY.
THAT'S WHERE A CO SPONSORING SP
EIGHT TWENTY BY SENATOR LEYVA.
THANK YOU ATLAS PLEASE.
MISTER CHAIRMAN MEMBERS OF THE
COMMITTEE SHANE GUSMAN ON BEHALF
OF SAG AFTRA --
IN STRONG SUPPORT OF THE BILL --
OBVIOUSLY MANY OF THAT --
MORE INFAMOUS CASES IN RECENT
TIMES HAVE COME FROM OUR
INDUSTRY BUT THIS BY NO MEANS IS
IS -- ONLY
OCCURRING.
ACROSS OUR CULTURE --
AND WE NEED TO FIND WAYS TO
ADDRESS IT UNFORTUNATELY SECRET
SETTLEMENTS HAVE BEEN USED AS A
WEAPON FOR PERPETRATORS TO KEEP
ON COMMITTING THAT HEINOUS ACTS
THAT THEY COMMIT --
NOT JUST TO PROTECT A COMPANY'S
REPUTATION BUT TO ACTUALLY
SHIELD A PERPETRATOR AND ALLOW
THEM TO GO ON DOING WHAT THEY'RE
DOING.
AND THAT OUR VIEW IT'S TIME THAT
WE PUT A STOP TO THAT AND THAT'S
WHAT WE SUPPORT THE BILL AND WE
ASK FOR YOUR AYE VOTE
[inaudible]
THANK YOU.
ANYONE ELSE IN SUPPORT.
LARRY DOYLE ON BEHALF OF THE
COVERS THE CALIFORNIA BAR
ASSOCIATIONS IN SUPPORT.
JEAN HYAMS ON BEHALF OF THE
CALIFORNIA EMPLOYMENT LAWYERS
ASSOCIATION VERY GRATEFUL FOR
THE RECENT AMENDMENTS AND
STRONGLY IN SUPPORT OF THIS
BILL.
GOOD MORNING MISTER CHAIR AND
MEMBERS CRISTINA CARO
REPRESENTING THE AMERICAN
ASSOCIATION OF UNIVERSITY WOMEN
CALIFORNIA CHAPTER IN SUPPORT.
GOOD MORNING JESSICA STAND ON
BEHALF OF EQUAL RIGHTS ADVOCATES
IN STRONG SUPPORT.
GOOD MORNING PAMELA GUEST A
NATIONAL OF BOARD AND LOCAL
BOARD OF SCREEN ACTOR'S GUILD
AFTER.
AND I AM STRONGLY SO STRONGLY IN
SUPPORT OF THIS BILL SO THAT
PEOPLE CAN I KNOW.
LAURA LEE MARTIN FORMER EMPLOYER
THE UNIVERSITY OF CALIFORNIA
TWENTY FIVE YEARS IN SUPPORT.
GINA FELLOW WITH PEOPLE RISING
[inaudible]
STRONGLY SUPPORT.
ROBIN BIDSTON THE REMEMBRANCE
PROJECT IN SUPPORT.
IF YOU ANYONE ELSE IN SUPPORT.
SEEING NONE IS THERE OPPOSITION.
GOOD MORNING MISTER CHAIRMAN
BECAUSE OF THE COMMITTEE
JENNIFER BROWN TO HAVE
CALIFORNIA CHAMBER OF COMMERCE
AND WE ARE OPPOSED TO SB --
EIGHT TWENTY WITH REGARDS TO THE
PROVISIONS ARE THE RECENT
AMENDMENTS.
I DON'T THINK THAT IT'S GOING TO
INTERFERE WITH ALL SETTLEMENT
AGREEMENTS AND I'M NOT GOING TO
SIT HERE AND SUGGEST THAT THAT'S
GOING TO BE THE CASE I THINK
EMPLOYERS THAT GETS INTO THE
REASON AS TO WHY.
SETTLE CASES ONE THEY SETTLE
CARE CASES BECAUSE THEY BELIEVE
THERE IS MERIT TO THE CASE AND
WITHOUT REGARD TO THOSE CASES I
DON'T THINK THIS BILL WILL
IMPACT THOSE EMPLOYERS.
WHO ARE UP BELIEVE THAT THERE'S
LIABILITY EXPOSURE AND OF THAT
INVESTIGATION AND FIND THAT A
SUPERVISOR HAS ENGAGED IN
POTENTIALLY HARASSING CONDUCT
ARE LIKELY GOING TO SETTLE THOSE
CASES REGARDLESS BECAUSE GOING
TO TRIAL JUST DOESN'T MAKE SENSE
FOR THEM?
BUT THERE ARE OTHER REASONS WHY
EMPLOYER SETTLE CASES ARE
BECAUSE I THEY DON'T.
THEY DON'T NECESSARILY BELIEVE
THE CASE HAS MERIT BY GOING TO
COURT AND GOING ALL THE WAY
THROUGH TRIAL IS A BUSINESS
DECISION IT'S EXPENSIVE AYE IT
REQUIRES THEM TO PAY FOR THEIR
ATTORNEYS FEES AND PAY FOR ALL
THE COSTS ASSOCIATED WITH TRIAL
AND SO THEY WILL ENGAGE IN A
SETTLEMENT.
DISCUSSION NOT NECESSARILY
BECAUSE THEY DON'T.
BECAUSE IT'S A BUSINESS DECISION
THAT MAKES SENSE FOR THEM TO
RESOLVE THE CASE EARLY TO SAY
THAT MONEY AND TO JUST MOVE ON
AND IN THOSE CASES WHEN WE
UTILIZE --
EIGHT CONFIDENTIALITY PROVISION
IT IS TO MAINTAIN THE REPUTATION
OF THE COMPANY IT'S NOT ALWAYS
THE COMPANY THAT IS NECESSARILY
AT FAULT WITH ESPECIALLY IN
HARASSMENT CASES WHEN IT'S A
SUPERVISOR WHO HAS ENGAGED IN
THE CONDUCT AND THE EMPLOYER HAD
NO IDEA ABOUT IT UNTIL IT WAS
REPORTED.
ITS STRICT LIABILITY NO MATTER
IF THE EMPLOYER IMMEDIATELY
TERMINATES THAT INDIVIDUAL ARE
NOT AND TAKES IMMEDIATE ACTION
THEY'RE STILL LIABLE AND SO
AGAIN IF THEY RESOLVE THE CASE
AND THEY HAVE A CONFIDENTIALITY
PROVISION IN PLACE TO MAINTAIN
THE REPUTATION.
THAT'S EFFECTIVE FOR PURPOSES OF
THE SETTLEMENT IF THEY CAN NO
LONGER DO THAT IT WILL ENCOURAGE
EMPLOYERS TO GO TO TRIAL TO MAKE
SURE THAT THEIR REPUTATION IS IN
PLACE AT THE CAN DEFEND THE TO A
CASE OF TRAVELS.
ULTIMATELY BE SUCCESSFUL SO I DO
THINK THAT THERE WILL BE SOME
INTERFERENCE WITH SOME
SETTLEMENT AGREEMENTS AS A
RESULT OF THIS AND FOR THOSE
REASONS WE ARE POST THANK YOU.
THANK YOU ANYONE ELSE IN
OPPOSITION.
RIGHT SAYING THAT WILL BRING IT
BACK TO THE COMMITTEE.
THAT.
THAT I THINK THIS IS A VERY
APPROPRIATE BELL UNFORTUNATELY
THE WAY THAT WE HAVE CONSTRUCTED
CONFIDENCE HILL PALADIN RAN A
LOT OF THESE AYE I DO AGREE.
TENDS TO BENEFIT THE PERPETRATOR
AND ALLOW THEM TO CONTINUE TO
PREDATE AND THEY BUT WE ALSO
HAVE TO BE VERY CAREFUL THAT
WE'RE NOT RE VICTIMIZING THE
VICTIM AND THERE ARE TIMES WHEN
THE VICTIM DOES NOT WANT.
TO BE.
MADE THEIR NAME TO MAY PUBLIC
THEIR CIRCUMSTANCE MADE PUBLIC
SAID THIS IS A VERY DIFFICULT
THING THAT THIS LEGISLATURE EVEN
HAS BEEN TRYING TO FIGURE OUT.
AND WE HAVE ALSO TOO LONG HELD.
VERY BAD BEHAVIOR FROM
LEGISLATORS AND STAFF IN
CONFIDENCE WHICH MEANS THAT THE
PUBLIC IN OUR VOTERS DON'T HAVE
THEY THE ABILITY TO KNOW ABOUT
THAT BAD BEHAVIOR ALLOWING. FOR
CONTINUATION OF THAT AND THAT'S
REALLY WHAT WE'RE HAVING TO
STOP.
SO I DO I DO UNDERSTAND THE
CONCERNS OF SOME OF THE
BUSINESSES HAVE WITH THIS BUT
ISRAEL TO IN THE ABOUT US AND IF
WE ARE GOING.
TO CONTINUED TO SHIELD ADVERT
LEERING AT HER AND LAY
PERPETRATORS THAT ALLOW THEM TO
CONTINUE TO RE OFFEND I THINK
THAT'S SOMETHING THAT STATED
CALIFORNIA NEEDS TO TAKE
ABSOLUTELY SERIOUSLY.
AND THAT'S WHY I'M GLAD YOU
BROUGHT THIS BILL UP AND YOU
CERTAINLY HAVE MY SUPPORT AND
OTHER QUESTIONS COMMENTS FROM
COMMITTEE MEMBERS.
SENATOR YOU MAY CLOSE THANK YOU
MISTER CHAIR AND I WOULD SAY
THAT'S WHY WE ADDED IN THE BILL
THAT THE VICTIM CAN REMAIN
CONFIDENTIAL WE JUST WANT TO
MAKE SURE THAT THE PERPETRATOR
IS.
OUTED SO TO SPEAK US SO THAT WAY
PEOPLE KNOW THE COMPANY THEY'RE
GOING TO WORK --
FOR THEY WILL KNOW ABOUT THIS
PERSON IF THEY'RE GOING TO WORK
FOR THEM ONSITE WRIST IDEA
APPRECIATE YOUR SUPPORT I
APPRECIATE EVERYONE'S SUPPORT
RESPECT FAST FOR LIFE OF THANK
YOU THANK.
ALRIGHT THEN WE'LL GO TO ANOTHER
ITEM NUMBER TEN SB [inaudible]
TEN THIRTY EIGHT ALRIGHTY.
WELL GOOD MORNING AGAIN MISTER
CHAIR AND MEMBERS SO GOOD TO BE
BACK WITH YOU.
S. B. TEN THIRTY EIGHT WILL
STRENGTHEN ANTI RETALIATION
PROTECTIONS FOR VICTIMS OF
HARASSMENT AND DISCRIMINATION BY
HOLDING INDIVIDUALS WHO ENGAGED
IN HARASSING OR DISCRIMINATORY
CONDUCT PERSONALLY LIABLE.
IN RETALIATING AGAINST A VICTIM
FOR EXERCISING HER OR HIS RIGHTS
UNDER THE FAIR EMPLOYMENT AND
HOUSING ACT AT THE H. A UNDER
CURRENT LAW A PERSON MAY ALREADY
A WHOLE BE HELD PERSONALLY
LIABLE. FOR HARASSMENT CLAIMS
UNDER FEE HA HOWEVER INDIVIDUALS
MAY NOT BE HELD PERSONALLY
LIABLE FOR RETALIATION DUE TO AN
INTERPRETER INTERPRETATION.
BY THE CALIFORNIA SUPREME COURT
WHICH RENDERED THE ISSUE
UNCLEAR.
IF THERE'S NO INDIVIDUAL
LIABILITY FOR THE RETALIATION
YOU MAY ACTUALLY END UP
INCENTIVIZING HARASSER TO JUST
GET RID OF THE PERSON WHO WAS
HARASSED.
IN THE END THE HARASSER MIGHT
EVEN AVOID LIABILITY FOR THE
HARASSMENT AS WELL IF THEY
SUCCESSFULLY SILENCE THE VICTIM.
S. B. TEN THIRTY EIGHT WAS
RECENTLY AMENDED SO THAT ONLY
THE PERSON WHO ENGAGED IN THE
HARASSING CONDUCT MAY BE HELD
PERSONALLY LIABLE FOR
RETALIATION CONNECTION WITH THE
UNDERLYING HARASSMENT CLAIM.
THESE AMENDMENTS ADDRESS THE
OPPOSITION'S CONCERN THAT THIS
BILL COULD SUBJECT INDIVIDUALS
UNCONNECTED TO THE HARASSMENT
CLAIM TO PERSONAL LIABILITY FOR
MAKING IT ADVERSE PERSONAL
DECISION.
WITH THE RECENT CHANGES THE ONLY
ONLY THE HARASSER CAN BE HELD
PERSONALLY LIABLE IF HE OR SHE
TRIES TO RETALIATE OR SILENCE A
VICTIM.
AS WE'VE SEEN IN THE ME TOO AND
WE SAID ENOUGH MOVEMENTS THREATS
AND FEAR OF RETALIATION OR ONE
OF THE BIGGEST BARRIERS FOR
WOMEN AND MEN WHO WISH TO SPEAK
OUT OR FILE SEXUAL HARASSMENT
COMPLAINTS.
THESE BILLS THESE CONCERNS AND
FEARLESS FEARS ARE VALID AND
WELL FOUNDED.
WHEN REPORTS COME OUT THAT
SOMEONE HAS BEEN HARASSED IN THE
WORKPLACE ONE OF THE MOST COMMON
QUESTIONS IS?
WHY DIDN'T SHE SAY ANYTHING?
ACCORDING TO A TWO THOUSAND
SIXTEEN STUDY BY THE US EQUAL
EMPLOYMENT OPPORTUNITY
COMMISSION 75% OF EMPLOYEES WHO
SPOKE OUT AGAINST WORKPLACE
MISTREATMENT FACE SOME SORT OF
RETALIATION.
INDIVIDUALS NEED TO UNDERSTAND
THAT THEY WILL BE HELD
ACCOUNTABLE IF THEY TRIED
INTERFERE WITH THREATEN OR
OTHERWISE RETALIATES AGAINST
SOMEONE WHO HAS MADE A SEXUAL
HARASSMENT CLAIM.
WE MUST NEVER ALLOW VICTIMS TO
BE VICTIMIZED AGAIN [inaudible]
OR SILENCED HERE WITH ME TODAY
IS JEAN HYMES AND JUST ACOSTA
UNDER.
THANK YOU FIRST WITNESS PLEASE.
GOOD MORNING MISTER CHAIR AND
MEMBERS OF THE COMMITTEE AND
THANK YOU FOR THIS OPPORTUNITY
TO TESTIFY ON BEHALF OF SELAH
THE CALIFORNIA IMPLEMENT LAWYERS
ASSOCIATION.
MY NAME IS JIM HIMES AND I'M A
FOUNDING PARTNER OF LEVY VINIK
BURRELL HYAMS A WOMEN OWNED FIRM
IN THE BAY AREA.
WE PROSECUTE CASES AROUND THE
STATE ON BEHALF OF WORKERS HAVE
EXPERIENCED HARASSMENT
DISCRIMINATION AND OFTEN
RETALIATION.
GIVING WORKERS A VOICE AND
HELPING THEM BREAK THE SILENCE
SURROUNDING THEIR EXPERIENCE IS
CENTRAL TO THE WORK WE DO.
S. B. TEN THIRTY EIGHT CLOSES
AND EGREGIOUS ESCAPE PATCH FOR
HARASSERS.
IT'S AN ESCAPE HATCH THAT
CURRENTLY LETS THEM AVOID
PERSONAL RESPONSIBILITY FOR
RETALIATING AGAINST THE VICTIMS
THEY HARASSED.
AND HOOKED TRIED TO SPEAK OUT
AND STOP THE HARASSMENT.
HAVING LISTEN TO THOUSANDS OF
INDIVIDUAL WORKERS STORIES OVER
THE COURSE OF MY CAREER.
I WANT TO SHARE SOMETHING THAT
MAY SURPRISE YOU GIVEN THE
PREVAILING.
NARRATIVE THAT OURS IS AN OVERLY
LITIGIOUS SOCIETY.
WORKERS PUT UP WITH A LOT OF
SUFFERING BEFORE THEY THINK
ABOUT BRINGING A LAWSUIT.
IT IS NOT UNUSUAL FOR SEXUAL OR
RACIAL HARASSMENT TO GO ON
MONTHS OR EVEN YEARS BEFORE
WORKER COMPLAINS.
THE REASONS FOR THIS ARE EASY TO
UNDERSTAND.
PEOPLE NEED THEIR JOBS.
THEY'RE AFRAID OF ROCKING THE
BOAT AND THEY KNOW THAT
COMPLAINING CAN PUT A TARGET ON
THEIR BACKS.
AND THAT THEY RISK LOSING THEIR
JOBS.
AND THE EXPERIENCE OF MANY
WORKERS WHO MY FIRM AND OTHER
CEILING MEMBERS HAVE REPRESENTED
OVER THE YEARS.
UNFORTUNATELY PROVES THEIR FEARS
RIGHT FAR TOO OFTEN.
I THINK I'VE ON AMONG TALIBAN
WHO TESTIFIED BEFORE THE SENATE
JUDICIARY COMMITTEE IN SUPPORT
OF SB.
TEN THIRTY EIGHT MS MONTALVO ON
WAS PROMOTED UP THROUGH THE
RANKS TO THE ROLE OF REGIONAL
ACCOUNT MANAGER AT AN
INTERNATIONAL LOGISTICS COMPANY.
DURING A CAREER WITH THE COMPANY
THAT LASTED MORE THAN A DECADE.
HOWEVER AFTER SHE REJECTED THE
ADVANCES OF FOR SUPERVISOR AT A
BUSINESS DINNER.
WHERE HE CARESSED HER LEGS UNDER
THE TABLE AND FORCED A KISS ON
HER?
I PROMISE PROMOTION WAS TAKEN
AWAY.
INSTEAD OF THE PROMOTION SHE WAS
ASSIGNED SUB PAR ACCOUNTS AND
DEMOTED AND ULTIMATELY FORCED TO
END THE CAREER SHE HAD WORKED
OVER A DECADE TO BUILD.
ALL THIS WHILE THE SUPERVISOR
SHE ALLEGED RETALIATED AGAINST
HER [inaudible]
WAS PROMOTED.
HARASSERS TO TURN AROUND AND
RETALIATE OR TRY TO SILENCE THE
PERSON WHO REPORTED THEIR
BEHAVIOR NEED TO KNOW THEY WILL
BE HELD ACCOUNTABLE. FOR MANY
YEARS THIS WAS NOT AN ISSUE IN
CALIFORNIA.
BUT IN TWO THOUSAND EIGHT
CALIFORNIA TOOK A STEP BACKWARD
WHEN THE SUPREME COURT ISSUED
ITS DECISION.
IN JONES VERSUS THE LOGIC TORREY
PINES.
BEFORE THAT TIME CALIFORNIA WAS
IN STEP WITH MOST OTHER STATES
IN THE NATION IN HOLDING
INDIVIDUALS PERSONALLY LIABLE
FOR RETALIATION.
BUT THE DECISION AND TORREY
PINES CHANGE THAT AND SINCE.
TWO THOUSAND EIGHT IS ONE OF THE
FEW AREAS OF WORKERS RIGHTS LAW
WHERE STATES LIKE ALABAMA AND
TENNESSEE.
OFFER GREATER WORKER PROTECTION
THAN THE GOLDEN STATE.
IN HIS DISSENTING OPINION
JUSTICE MARINO URGE THE
LEGISLATURE TO TAKE ACTION TO
CLOSE THE ESTATE ESCAPE HATCH.
THAT THE TORREY PINES CASE
OPENED.
HE WROTE THAT THE LEGISLATURE
COULD NOT HAVE INTENDED TO
EXPOSE A SUPERVISOR TO
INDIVIDUAL LIABILITY FOR
HARASSING AN EMPLOYEE ON THE ONE
HAND.
WHILE ON THE OTHER HAND
SHIELDING THAT SUPERVISOR FROM
LIABILITY FOR RETALIATING
AGAINST THE EMPLOYEE FOR
OPPOSING THE VERY SAME
HARASSMENT MELANIE TO WRAP UP
PLEASE AYE WELL THANK YOU --
IF WE HAVE ANY HOPE OF CHANGING
THE CULTURE OF SEXUAL HARASSMENT
WE HAVE TO PREVENT THE REALITY
OF RETALIATION.
A GOOD FIRST STEP IS TO SEND A
CLEAR MESSAGE TO VICTIMS THAT
IT'S SAFE TO REPORT WHAT'S
HAPPENING.
AND ISN'T AS CLEAR MESSAGE TO
RETALIATE HERS THAT THEY WILL BE
HELD ACCOUNTABLE THANK YOU.
THANK.
NEXT WITNESS PLEASE SOME NOT
MUCH TO ADD JUST DOESN'T
EXTENDER ON BEHALF OF EQUAL
RIGHTS ADVOCATES PROUD CO
SPONSOR OF THIS BILL I JUST ADD
THAT WE REPRESENT PRIMARILY LOW
WAGE WORKERS AND THE BIGGEST
BARRIER TO THESE WORKERS GOING
FORWARD.
IS FEAR OF RETALIATION OFTEN
THAT RETALIATION IS ALREADY BEEN
THREATENED BY THE TIME THEY CALL
US AND OFTEN THAT'S WHAT KEEPS
THEM FROM ACTUALLY PURSUING ANY
KIND OF CLAIM SO FOR ALL THE
REASONS THAT YOU JUST HEARD WE
REALLY STRONGLY URGE YOUR AYE
VOTE ON THIS BILL TODAY.
THANK YOU THANK YOU.
NO ONE ELSE IN SUPPORT JACQUI
STERN ON BEHALF OF THE CONSUMER
ATTORNEYS OF CALIFORNIANS STRONG
SUPPORT.
IF YOU ANYONE ELSE IN SUPPORT.
BY DENNIS SEATON ON BEHALF OF
CHURCH STATE COUNTENANCE WORK.
FAMILY GUEST IN SUPPORT
[inaudible]
THANK YOU.
IT WOULD ALSO SUPPORT.
SEEING NONE SIR OPPOSITION --
CHAIR MEMBERS STILL GIVES WITH
CALIFORNIA SPECIAL DISTRICTS
ASSOCIATION WE ARE REMOVING OUR
OPPOSITION TO THE BILL THANKS TO
THE AMENDMENTS ASTRO AND WE ARE
NEUTRAL ON BILL [inaudible]
THANK YOU.
A GOOD MORNING MISTER CHAIR
MEMBERS DOROTHY JOHNSON THE
CALIFORNIA STATE ASSOCIATION OF
COUNTIES AND ALSO HAVE MY
COLLEAGUE WITH THE CALIFORNIA
ASSOCIATION OF GREAT POWERS
AUTHORITIES.
LINER COMMENTS FROM OF
OPPOSITION FROM THE MEASURE
THINK YOU.
THANK YOU ANYONE ELSE IN OPPOSED
OR REMOVING OPPOSITION.
ALRIGHT SING NONE AMONG A BACK
TO THE COMMITTEE QUESTIONS
[inaudible]
COMMENTS.
SENATOR YOU MAY CLOSE
RESPECTFULLY ASK HER AND AYE
VOTE WHEN APPROPRIATE THANK YOU
WE WANT TO GIVE UP ON ME.
GET A QUORUM ITSELF HAD SOMETIME
THIS OKAY BILLY.
THEY COULD RESEARCHER THANK YOU
MEMBERS RIGHT SENATOR MONEY THAT
TAKES US TO ITEM NUMBER THIRTEEN
S. B. [inaudible]
ELEVEN TWENTY NINE MORNING.
GOOD MORNING MISTER CHAIR AND
MEMBERS --
AND LIKE TO BEGIN BY ACCEPTING
THE COMMITTEE AMENDMENTS LIKE TO
ESPECIALLY THANK YOU AND
COMMITTEE STAFF FREER.
EXCELLENT.
WORK IN HELPING TO MAKE THIS A
BETTER BILL SO IN ACCEPTING THE
AMENDMENTS I WANT TO THANK YOU
FOR WORKING CLOSELY WITH OUR
WITH OUR STAFF THANK YOU
SENATOR.
MEMBER SENATE BILL ELEVEN TWENTY
NINE WILL CRACKED IN INJUSTICE
FOUNDING CALIFORNIA'S CURRENT
FAMILY LAW CODES WHERE ONLY
CERTAIN SURVIVORS OF DOMESTIC
VIOLENCE WHO PROTECTED.
FROM BEING FORCED TO FINANCIALLY
SUPPORTTHEIR ABUSIVE SPOUSE AT
THE END OF A MARRIAGE.
CURRENT LAW SHIELDS VICTIMS OF
ATTEMPTED MURDER AND VICTIMS OF
VIOLENT SEXUAL FELONIES FROM
HAVING TO PAY THEIR VIEWS OR
SPOUSAL SUPPORT.
ATTORNEY'S FEES OUT OF THEIR
SEPARATE PROPERTY WERE FUTURE
INCOME FROM INTEREST IN THEIR
PENSION OR RETIREMENT.
SURVIVORS OF ALL OTHER FORMS OF
DOMESTIC VIOLENCE HOWEVER CANNOT
BENEFIT FROM THIS IMPORTANT
FINANCIAL PROTECTION.
SENATE BILL ELEVEN TWENTY NINE
ADDRESSES THIS IN EQUITY BY
EXPANDING ELIGIBILITY FOR THESE
PROTECTIONS TO ALL SURVIVORS OF
DOMESTIC VIOLENCE THROUGH A
BIFURCATED SYSTEM.
IT PROVIDES GUIDANCE AS TO WHEN
THE COURTS CAN AWARD SUPPORT TO
AN ABUSIVE FORMER SPOUSE.
IF YOU ABUSER IS CONVICTED IN A
CRIMINAL COURT OF FELONY
DOMESTIC VIOLENCE MEANING
THEY'RE LIKELY HEADED TO PRISON.
FOR HEINOUS ACT AGAINST THEIR
SPOUSE COURT WILL BE PROHIBITED
FROM ORDERING FINANCIAL SUPPORT.
FROM THE SURVIVOR.
IF AN ABUSER IS FOUND GUILTY
BACK CRIMINAL COURT OF
MISDEMEANOR DOMESTIC BALANCE
THEN THE ABUSER WILL FACE A
REBUTTABLE PRESUMPTION THAT THEY
WILL NOT RECEIVE SPOUSAL
SUPPORT.
SENATE BILL ELEVEN TWENTY NINE
MAINTAINS EXISTING LAW THAT
ALLOWS A SURVIVOR OF ABUSE WHO
FIGHTS BACK AGAINST THEIR SPOUSE
AND WHO SUBSEQUENTLY CONVICTED
OF ABUSE THEMSELVES. TO PRESENT
THIS EVIDENCE OF THEIR HISTORY
IS A VICTIM.
BEFORE A JUDGE IN ORDER TO REBUT
THE PRESUMPTION.
FINALLY THE CHAIRS AMENDMENTS
WILL FURTHER CLARIFY THAT
INSTANCES THAT ANY INSTANCES OF
A MISDEMEANOR CONVICTION THE
JUDGE WILL HAVE COMPLETE
DISCRETION.
IN DETERMINING IF THE INJURED
SPOUSE IS ENTITLED TO ALL OR
SOME OF THEIR INTEREST IN THE
COMMUNITY PROPERTY PENSION.
WELL FAMILY LAW PROFESSIONALS
HAVE SHARED AND WILL CONTINUE TO
SHARE CONCERNS ABOUT THIS BILL.
WE FEEL WE HAVE CRAFTED A
BALANCED AND THOUGHTFUL
APPROACH.
PROTECTING SURVIVORS THAT HAS
RECEIVED BIPARTISAN SUPPORT
THROUGHOUT THE LEGISLATIVE
PROCESS TO DATE.
STANDING THESE PROTECTIONS TO
ALL VICTIMS NOT ONLY CREATES
PARITY IN THE LAW IT WILL ENSURE
THAT MEN AND WOMEN WHO SURVIVED
THE INSIDIOUS EICHEL OF DOMESTIC
ABUSE.
ARE NOT RE VICTIMIZED BY HAVING
TO SUPPORT THEIR ABUSER AFTER
THEY'VE SUCCEEDED IN ESCAPING
THE MARRIAGE.
I WANT TO THANK YOU --
FOR THIS OPPORTUNITY
RESPECTFULLY ASK YOUR AYE VOTE
AND MISTER CHAIR WITH YOUR
PERMISSION I'D LIKE TO PRESENT
ONE WITNESS.
AND THEN IF WITH THE CHAIRS
PERMISSION I OF A SHORT
STATEMENT FROM A WITNESS WHO
BECAUSE OF HER CIRCUMSTANCES
ISN'T ABLE TO APPEAR PUBLICLY.
HAVE A SHORT STATEMENT THAT I'D
LIKE TO READ MISSION --
FROM THE VICTIM.
BUT AT A DECIDER BY INTRODUCED
FIRST WITNESS OUR FIRST WITNESS.
GOOD MORNING --
I'M LAURA LEE MARTIN --
I'M PART OF THE HIDDEN
DEMOGRAPHIC OF DOMESTIC VIOLENCE
SURVIVORS I'M HIDDEN BUT NOT
UNIQUE.
I'M AN EDUCATED WOMAN WHO HAD A
PROFESSIONAL CAREER.
HAS EARNED A GOOD INCOMING WHO
LIVES IN A NICE HOUSE.
ON THE OUTSIDE EVERYTHING LOOK
PERFECT BUT BEHIND CLOSED DOORS
DOMESTIC VIOLENCE RAGED.
I'M SIXTY FOUR I'M DISABLED I OF
A RARE HEART CONDITION I'M ON
SST AYE IN THE FIXED PENSION.
I CARE FOR AN ADULT SON DISABLED
SON WHO SUFFERED A BRAIN INJURY
IN HIS HIGH SCHOOL GRADUATION
TRIP TO DISNEYLAND TWO YEARS
AGO.
I AM A SURVIVOR OF DOMESTIC
VIOLENCE THAT SPANNED NEARLY
THIRTY TWO YEARS.
THIS BILL HITS CLOSE TO HOME BUT
IT WON'T BENEFIT ME.
I WAS EMPLOYED BY THE UNIVERSITY
OF CALIFORNIA TWENTY FIVE YEARS
I'VE STARTED THE SCIENCE
FELLOWSHIP PROGRAM IN THE
LEGISLATURE TEN YEARS AGO.
IN MY PROFESSIONAL LIFE I WAS
CONFIDENT EFFECTIVE AT HOME I
LIVED ON EGGSHELLS I FREAK
FEARED FOR MY LIFE.
AND THE SAFETY OF MY SON.
I'D SLEEP ON THE GROUND FOR
GUESTROOM SAGA CLIMB OUT A
WINDOW AT THE CAR BACK IN THE
DRIVEWAY I HAD A NOTE IN MY
SAFETY DEPOSIT BOX THAT SAID IF
ANYTHING HAPPENED TO ME IT WAS
MY HUSBAND.
ONLY AFTER MY SON'S BRAIN INJURY
[inaudible]
AS ME.
DID MY SON'S SAFETY OUT WAY MY
OWN FEAR OF THE FINANCIAL LOSS.
CURRENT LAWS PROTECT ME FROM
PAYING SPOUSAL SUPPORT
[inaudible]
SORRY.
I HAD IT TOGETHER.
THEY DO NOT PROTECT ME FROM
LOSING UP 250% OF MY PENSION AND
MY RETIREMENT SAVINGS.
I'M LIVING ON THOSE WITH MONIES.
THOSE PENSION RETIREMENT DOLLARS
IT IS NO DIFFERENT TO ME THAN
PROVIDING HIM WITH SPOUSAL
SUPPORT.
HE GAINES I LOSE UNLESS I STAY
MARRIED TO HIM.
IF I'D STAYED IN THIS
RELATIONSHIP UNTIL YOU TRIED TO
MURDER ME.
I WOULDN'T LOSE ANY RETIREMENT
PENSION INCOME UNDER STATE LAW.
THE LINE OF LUCK BETWEEN
ATTEMPTED MURDER AND MURDER IS
TOO THIN AND UNPREDICTABLE TO BE
WHAT THIS LEGISLATURE INTENDED
TO BE.
THE BEST TO PROTECT DOMESTIC
VIOLENCE VICTIMS.
MY HUSBAND PLAYED A MY FEAR OF
FINANCIAL INSECURITY TO KEEP ME
CAPTIVE.
HIS RETURN ON INVESTMENT
INCREASED WITH THE YEARS OF
ABUSE.
THIS IS NOT ABOUT DENYING IN
NICE GUY WHO SHARE OF COMMUNITY
PROPERTY EARNED DURING THE
MARRIAGE.
IT'S ABOUT FINANCE FUTURE
FINANCIAL REWARD. FOR SOMEBODY
WHO EXTRACTED FROM THE VICTIM
DURING THE GOING PERPETRATION OF
THE CRIME.
IT REWARDS THIS VICTIM ANY
VICTIM WILL PAY TO THE ABUSER
FOR THE REST OF THE VICTIM'S
LIFE.
IT SORT OF MOVES INTO THE LINE
OF ELDER ABUSE AT THAT POINT.
FINANCIALLY MY HUSBAND WILL BE
REWARDED.
MY SON AND I WILL STRUGGLE.
THIS BILL WILL ALSO HELP REMOVE
THE FINANCIAL INSECURITY THAT
HOLDS MANY VICTIMS LIKE IT DID
ME CAPTIVE.
AND I WILL SEND THE MESSAGE TO
ABUSERS AT THERE'S OF FINANCIAL
CONSEQUENCE FOR THEIR ABUSE.
IT WILL HELP VICTIMS LIKE ME
COME OUT OF THE SHADOWS.
I'M STILL MARRIED TO MY HUSBAND.
THE FINANCIAL CONSEQUENCES OF
LEAVING AMBER SO DIRE GIVEN MY
AGE MY DISABILITY AND MY NEED TO
CARE FOR MY SON I REALLY DON'T
KNOW WHAT TO DO.
I HAVE THE OPTION TO CIVIL
COURT.
THE STATE OF CALIFORNIA CHOSE TO
LET HIM PLEAD BARGAIN DOWN.
I'D HAVE TO START ALL OVER IN
CIVIL COURT BECAUSE I CAN'T
CARRY THAT CONVICTION FORWARD
THAT WAS A DECISION OF THE STATE
OF CALIFORNIA I HAD NO SAY IN
THAT.
I URGE YOU TO VOTE POSITIVELY
FOR THIS.
I THANK SENATOR.
MINING FOR OFFERING THIS BILL
AND I RESPECT AND THANK ALL OF
YOU FOR YOUR TIME.
THANK YOU CENTER YOU HAD A
STATEMENTYOU WANT YES THANK YOU.
MISTER CHAIRMAN MEMBERS ARE
SECOND SUPPORT WITNESS WAS A
CONSTITUENT OF MINE WHO WOULD
HAVE LIKED TO BE HERE TODAY.
BUT UNFORTUNATELY WAS FORCED TO
LEAVE THE STATE AND CHANGE HER
IDENTITY IN ORDER TO FULLY
ESCAPE HER ABUSIVE SPOUSE.
WITH THE PERMISSION OF THE CHAIR
WHICH I'VE REQUESTED ON READ THE
SHORT EXCERPT.
DEAR COMMITTEE MEMBERS.
I'M WRITING IN HOPES THAT YOU
WILL HELP VICTIMS OF DOMESTIC
VIOLENCE IN A WAY THAT WASN'T
AVAILABLE TO ME.
MY CASE IS COMPLETE I CONSIDER
MYSELF LUCKY HOWEVER I EMBARKED
ON THIS JOURNEY TO WORK WITH
SENATOR MINING TO CHANGE
LEGISLATION SO THAT OTHERS WOULD
BE PROTECTED FROM AND I DEEMED.
AN UNETHICAL LOOPHOLE IN
CALIFORNIA FAMILY LAW.
HAVE NOTHING TO PERSONALLY GAIN
BY URGING THIS LEGISLATIVE
CHANGE I'M MINERALOGIST WHO
TRAINED AT ONE OF THOSE IVY
LEAGUE IVORY TOWER INSTITUTIONS.
I'M YOUNG I HAVE IN HAD A GOOD
STEADY INCOME.
I HAD A RESPECTABLE EDUCATION A
KNOWLEDGE BASEASSOCIATED WITH
IDENTIFYING ABUSE AND
PSYCHOPATHIC.
I WAS EVEN ON MY PSYCHIATRIC
ROTATION AT THE NUMBER ONE
PSYCHIATRIC INSTITUTION IN THE
COUNTRY WHEN I MARRIED.
HOWEVER NONE OF THIS EDUCATION
PROTECTED ME.
I UNDERSTAND TO MY MARRIAGE WITH
NO WARNING SIGNS AND THE ABUSE
WAS INTRODUCED IN A SLOW
CALCULATED WAY.
THAT LED ME TO BE BOTH FEARFUL.
FULL OF GUILT AND SERVITUDE ALL
AT THE SAME TIME.
I'VE SINCE LEARNED THIS IS ALL
PART OF THE VICTIMIZATION CYCLE.
IN THE END HE NEARLY ENDED MY
LIFE LAYING IN WAIT WITH A SHOT
GUN UNDER MY BED AFTER HEATED
STRANGLING INCIDENT.
I THOUGHT CALIFORNIA WAS A
PROGRESSIVE STATE UNTIL I WENT
THROUGH THIS EXPERIENCE.
I DO NOT BELIEVE THE LOS
INTENDED TO FINANCIALLY BENEFIT
ABUSERS BUT I DO THINK THEY WERE
WRITTEN AT A TIME WHEN IT WAS
ASSUMED ONLY WOMEN COULD BE
ABUSED.
AND ONLY MEN COULD EARN AN
INCOME.
THIS IS THE REALITY IS ANYONE IS
SUBJECT TO ABUSE NO MATTER THEIR
MEANS STATUS OR GENDER.
I TRULY HOPE YOU PASS THIS BILL
I'M AFRAID IF YOU DON'T IT SENDS
THE MESSAGE THAT IN CALIFORNIA.
IT LITERALLY PAYS TO BE AN
ABUSIVE SPOUSE.
THANK YOU FOR YOUR TIME.
SIGNED JANE DOE.
THANK YOU AND ON WITH THAT.
MISTER CHAIR THANK YOU.
THANK YOU SENATOR ANYONE ELSE IN
SUPPORT.
GINA FELLA WITH THE PEOPLE
RISING STRONGLY SUPPORT.
ROBIN BIDSTON THE REMEMBRANCE
PROJECT IN SUPPORT.
ROLL RODRIGUEZ AMERICA FIRST
LATINOS AND SUPPORT.
AMERICAN CHILDREN'S FIRST IN
SUPPORT.
ANYONE ELSE SINCE.
I THINK NONE OPPOSITION.
JEAN MACLEOD SAVE OUR STATE I'M
IN SUPPORT [inaudible]
RIGHT.
POSITION TO S. B. ELEVEN TWENTY
NINE THANK YOU A GOOD MORNING
MISTER CHAIR AND MEMBERS OF THE
COMMITTEE.
MY NAME IS AVI LEVY AND I'M A
CERTIFIED FAMILY LAW SPECIALISTS
AND I'M HERE ON BEHALF OF THE
ASSOCIATION OF CERTIFIED FAMILY
LAW SPECIALISTS ALSO KNOWN AS AC
FLS.
AC FLS THE NONPROFIT
ORGANIZATION.
APPROXIMATELY SIX HUNDRED AND
EIGHTY FIVE MEMBERS.
ALL OF WHO ARE CERTIFIED AS
FAMILY LAW SPECIALIST BY THE
STATE BAR OF CALIFORNIA.
BOARD OF LEGAL SPECIALIZATION.
ACF ALAS ABHORS DOMESTIC
VIOLENCE AND BELIEVES.
THIS COMMITTEE MUST FOCUS ON THE
OVERRIDING ISSUE OF PROTECTING
VICTIMS OF DOMESTIC VIOLENCE.
WHAT S. B. ELEVEN TWENTY NINE
DOES IS IT ELEVATES FINANCIAL
ISSUES SUCH A SPOUSAL SUPPORT?
ATTORNEYS FEES AND PENSION
RIGHTS OVER OF VICTIMS
PROTECTION.
AC UP FELL S. BELIEVES THAT S.
B. ELEVEN TWENTY NINE WILL HAVE
THE ADVERSE EFFECT OF ACTUALLY
HARMING VICTIMS OF DOMESTIC
VIOLENCE.
IT WILL TAKE AWAY ALL JUDICIAL
DISCRETION.
IN AWARDING SPOUSAL SUPPORT TO
CHIU VICTIMS OF DOMESTIC
VIOLENCE AND FELONY CONVICTIONS.
AND WILL END UP FORCING VICTIMS
OF DOMESTIC VIOLENCE TO TESTIFY.
IN EVERY DOMESTIC VIOLENCE CASE
AS NO ALLEGED ABUSE WILL PLEAD
GUILTY TO A LESSER OFFENSE OF
DOMESTIC VIOLENCE NOT EVEN TO A
MISDEMEANOR OFFENSE.
DUE TO A POTENTIAL LOSS OF
PROPERTY RIGHTS [inaudible]
AND SUPPORT.
S. B..
ELEVEN TWENTY NINE BECAUSE THE
UNINTENDED CONSEQUENCE OF HAVING
SIGNIFICANTLY LESS CRIMINAL
CONVICTIONS FOR DOMESTIC
VIOLENCE.
THEREBY MAKING IT MORE DANGEROUS
FOR VICTIMS OF DOMESTIC
VIOLENCE.
AND THAT IT WILL RESULT IN
ALMOST EVERY CRIMINAL CHARGE FOR
DOMESTIC VIOLENCE COURT TRIAL.
AND WILL LIKELY CAUSE BLAHBLAH
CASES OF WHICH THERE ARE MANY.
TO RESULT IN ACQUITTALS.
WITH THE CURRENT LAW IN PLACE
THERE IS NO THERE IS AN
INCENTIVE FOR ALLEGED ABUSERS TO
PLEAD TO A LESSER OFFENSE AND
AVOID A TRIAL.
THIS RESULT IN A HIGHER
CONVICTION RATE FOR DOMESTIC
VIOLENCE PERPETRATORS.
AND AVOID THE VICTIM FROM HAVING
TO GO THROUGH THE TRAUMA.
TESTIFYING IN CRIMINAL COURT
AGAINST HER ABUSIVE SPOUSE.
ALTHOUGH THE AMENDMENTS THAT THE
RECENT AMENDMENTS MAKE A
DISTINCTION.
BETWEEN OF MANDATORY LAS OF
PROPERTY RIGHTS AND FELONY
CONVICTIONS --
VERSES A REBUTTABLE PRESUMPTION
AGAINST THE LOSS OF PROPERTY
RIGHTS ONE ALLEGED ABUSER IS
ADVISED OF THIS POTENTIAL LOSS
--
THEY'RE LESS LIKELY TO PLAY OUT.
THEY WILL TAKE THEIR CHANCES AT
TRIAL WHERE THE ALLEGED ABUSER
WILL HAVE A PUBLIC DEFENDER
REPRESENTING THEM.
AND THE VICTIM WILL HAVE TO
STAND TRIAL TO TESTIFY AGAINST
HER ABUSER RELIVED THE ABUSE.
THIS BILL COULD LEAD TO
ATTRIBUTE THEIR TO UPDATE AFFECT
THEM.
INTO RETALIATORY DOMESTIC
VIOLENCE ATTEMPT TO ENSURE HE
DOES THAT HAVE TO PAY SPOUSAL
SUPPORT BEEN A LONG TERM
MARRIAGE.
OR SHARE HIS LUCRATIVE PENSION
WITH THE SPOUSE.
IT BECAUSE THE VICTIM WHO WAS
DEFENDING HERSELF FINALLY OR WHO
FINALLY SNAPPED AND WAS
CRIMINALLY CONVICTED.
OF A DOMESTIC VIOLENCE TO LOSE
ALL RIGHTS TO SUPPORT AND
RETIREMENT BENEFITS AND NOT EVEN
HAVE THE FUNDS TO HIRE AN
ATTORNEY [inaudible]
DEFEND HERSELF. FOR EXAMPLE
UNDER THIS BILL THE COURT WOULD
HAVE NO DISCRETION TOWARD
SPOUSAL SUPPORT ATTORNEY FEES OR
RETIREMENT BENEFITS TO A STATE
HOME WIFE.
AND MOTHER IN A TWENTY FIVE YEAR
MARRIAGE WHO WAS A VICTIM OF
DOMESTIC VIOLENCE HER ENTIRE
LIFE.
AND FINALLY HAD ENOUGH SNAPPED
AT THROUGH A VASE OF HER HUSBAND
MADE HIM BLEED WAS CONVICTED OF
A FELONY [inaudible]
SHE'S DOT.
AND THEN S. B. ELEVEN TWENTY
NINE PROVIDES A REBUTTABLE
PRESUMPTION AGAINST THE LAST OF
THESE RIGHTS FOR MISDEMEANORS
ARTICULATELY NOT IRREPARABLY
[inaudible]
OF COURSE.
I'M IN THIS SITUATION THERE MANY
TIMES WHERE A WIFE WOULD SEND
HER RESTING TEXT MESSAGE OR
EMAIL TO HER HUSBAND PLEADING
HIM TO COME BACK FOR THE
CHILDREN OR WHATEVER.
AND THAT COULD BE ALSO
CONSIDERED A MISDEMEANOR --
CHARGE IN A DOMESTIC VIOLENCE
CASE AND NOT CREATE A REBUTTABLE
PRESUMPTION AGAINST THAT PERSON
FROM FROM GETTING ANY SUPPORT OR
FEES OR PENSION.
AND FOR ALL THOSE REASONS A
THEOPHILUS PURCHASE A NAY VOTE
WHEN APPROPRIATE.
THANK YOU EXODUS PLEASE.
I THINK YOU MISTER CHAIR AND
MEMBERS MY NAME IS KENDAL EVANS.
I'M HERE ON BEHALF OF THE FAMILY
LAW SECTION OF THE CALIFORNIA
LAWYERS ASSOCIATION --
I AM A FAMILY LAW ATTORNEY MY
PRACTICES BASED IN LONG BEACH
AND I PERSONALLY REPRESENT A
NUMBER OF DOMESTIC VIOLENCE
VICTIMS.
AS PRACTITIONERS OF FAMILY LAW
FLEX COMMENTS HERE IN RESPECTFUL
OPPOSITION TO SENATE BILL ELEVEN
TWENTY NINE UNLESS AMENDED.
AS MY COLLEAGUE FROM AC FLS
NOTED [inaudible]
I ARE.
THE FAMILY LAW COMMUNITY IS
AWARE OF AND WORKS ON THE
FRONTLINES IN AREAS OF DOMESTIC
ABUSE AND WE ARE.
ACUTELY AWARE OF THE INJURY PAIN
AND TRAUMA SUFFERED BY THE
VICTIMS.
THIS SESSION REGARDING --
EIGHT NINE AB NINE TWENTY NINE
FLIX COM.
SKEWS ME --
WORKED WITH STAFF TO EXPAND THE
THE RELIEF AVAILABLE UNDER.
FORTY THREE TWENTY FOR DOMESTIC
VIOLENCE VICTIMS [inaudible]
AND ALTHOUGH.
AND WE BELIEVE THAT THAT WILL BE
INTEGRATED INTO ELEVEN TWENTY
NINE OF THOSE WILL BE
[inaudible]
CONSOLIDATED SUCH [inaudible]
THEY ARE.
ARE CONSTRUED RECONCILE WITH
EACH OTHER --
EXISTING LAW AND BOTH FAMILY AND
TOWARD PROVIDE SIGNIFICANT
FINANCIAL PROTECTIONS FOR
VICTIMS OF DOMESTIC VIOLENCE --
THE ADDITIONAL RELIEF AB ELEVEN
TWENTY NINE SIX TO CREATE MAY
HAVE SIGNIFICANT UNINTENDED
UNINTENDED CONSEQUENCES THAT
COULD ULTIMATELY UNDERMINE ITS
INTENT.
IN ADDITION TO THE ISSUES
HIGHLIGHTED BY OTHER GROUPS LIKE
SCUM WOULD LIKE TO RAISE THE
FOLLOWING AREAS OF CONCERN.
THE PENSION PROVISION WILL
STATED BY THE BILL IS
PROBLEMATIC AS DRAFTED IT CANNOT
BE TAILORED TO ENSURE JUSTICE ON
THE FACTS OF A PARTICULAR CASE
THAT MAY NOT FALL INTO THE
TYPICAL --
PATTERN THAT WE THAT WE USUALLY
SEE.
WHILE THE TYPICAL DB SCENARIO IS
THE EXERCISE OF COURSE OF
CONTROL BY THE DOMINANT PARTNER
IS NOT THE ONLY POSSIBLE
SCENARIO.
THEY'RE RELATIVELY RARE BUT
COMPELLING INSTANCES IN WHICH
DOMESTIC VIOLENCE IS NOT PART OF
A PATTERN OF COURSE OF CONTROL
BUT IT'S RATHER A ONE TIME
OCCURRENCE.
THIS IS NOT A SITUATIONAL
DOMESTIC VIOLENCE AND IT'S
EXISTENCE IS SUPPORTED BY SOLID
SOCIAL SCIENCE RESEARCH.
ANYINSTANCE OF A VICTIM FINALLY
RETALIATING AFTER YEARS OF IT OF
ABUSE.
IT WOULD BE JUST FOR THE COURT
TO BE ABLE TO EXERCISE JUDICIAL
DISCRETION REGARDING
DISTRIBUTION OF THE PENSION
FUNDS.
SOMETIMES THE PARTIES COMMIT
ACTS OF DOMESTIC VIOLENCE
AGAINST EACH OTHER --
I THINK ONE OF THE PHRASES USED
ITS MITCHELL COMBATANTS.
AND BOTH WERE FOUND TO BE AT
FAULT.
THE BILL DOES NOT PROVIDE FOR
WHAT OCCURS IN THIS INSTANCE.
BUT UNDER THE CURRENT LANGUAGE
OF THE BILL THE EFFECT WOULD BE.
THAT THE INDIVIDUAL WHO IS
RELATIVELY FINANCIALLY
DISADVANTAGED IT'S GOING TO
REMAIN THAT WAY --
AND IN FACT IT WOULD BE
EXACERBATED RELATIVE TO CURRENT
LAW.
FAMILIES YOU WRAP UP PLEASE.
UNDER EXISTING CALIFORNIA LAW IT
CIVIL CODE SEVENTEEN OH EIGHT
POINT -- SIX
A PERSON WHO HAS SUFFERED ABUSE
MAY FILE AN ACTION IN TORT.
FLIX COM UM RESPECTFULLY OPPOSE
IT SENATE BILL ELEVEN TWENTY
NINE AT ITS HEART.
THANK YOU VERY KINDLY FELIZ.
THANK YOU OTHERS THAT OPPOSITION
PLEASE.
MORNING TEAR MEMBERS LARA SPEED
WITH ADDITIONAL COUNSEL
CALIFORNIA WHILE WE ARE LISTED
IN OPPOSITION OR CONTINUING TO
REVIEW THE LATEST PROPOSED
AMENDMENTS AND WE HOPE TO KEEP
WORKING WITH THE AUTHOR ON THE
BILL THANK YOU.
THANK YOU ANYONE ELSE IN
OPPOSITION.
RIGHT SAY NONE OF BRING IT BACK
TO THE COMMITTEE QUESTIONS
COMMENTS MISTER CUNNINGHAM.
THANK YOU MISTER CHAIR THANK YOU
SENATOR I I AM. 1000% IN
AGREEMENT WITH THE GOAL.
I JUST HAVE A KIND OF A
TECHNICAL QUESTION ABOUT.
THE LACK OF REBUTTABLE
PRESUMPTION FOR FELONIES AND I
SHOULD SAY BY WAY OF BACKGROUND
--
I'VE HANDLED AS A PROSECUTOR AND
ON THE OTHER SIDE IS THE DEFENSE
ATTORNEY ON HUNDREDS AND
HUNDREDS OF DB CASES THAT.
AND MY WIFE PRACTICES FAMILY LAW
SO WE SEE THE INTERSECTION
INTERPLAY BETWEEN TWO THINGS MY
FEAR IS.
A LOT OF CIRCUMSTANCES
PARTICULARLY WITH FELONS.
AND DB CASES YOU GOT SOMEBODY
THAT'S AN ABUSER AND IS
MANIPULATIVE.
NOW THAT'S NOT EVERY CASE
[inaudible]
OKAY BUT QUITE OFTEN THAT IS THE
CASE.
AND THEY CAN BE QUITE GOOD AND
QUITE CRAFTY AT MANIPULATING A
SYSTEM THAT IS --
TO TO THEIR OWN ADVANTAGE Y
FEAR IF THERE'S NO JUDICIAL
DISCRETION IN THE FELONY
INSTANCE --
IS THAT YOU'RE GOING TO HAVE.
DEFENDANTS IN THE CRIMINAL
SYSTEM --
MANIPULATING THAT SYSTEM. TO TRY
TO GAIN SOME SORT OF ADVANTAGE
IN THE FAMILY LAW SYSTEM IF YOU
TAKE AWAY THE THE ABILITY OF THE
JUDGE.
TO EVALUATE IT THEN AS A
CRIMINAL DEFENSE ATTORNEY WHEN
YOU'RE.
ADVISING YOUR CLIENT.
WHAT YOU'RE PUBLIC DEFENDER
PRIVATE COUNSEL?
OF THE CONSEQUENCES THE PLEA
YOU'D BE.
DUTY BOUND ADVISING THAT MIGHT
HAVE.
THE EFFECT OR WILL HAVE THE
EFFECT OF IT'S A FELONY IF THIS
BECOMES LAW OF STRIPPING AWAY.
ANY RIGHTS THEY MAY HAVE TO
COMMUNITY PROPERTY IN RESPECT.
TO WITH RESPECT THE PENSION AND
SPOUSAL SUPPORT --
THAT IS COULD THAT COULD GIVE
INCENTIVES PEOPLE WOULD PROLONG
A CRIMINAL CASE THAT REALLY
SHOULDN'T BE PROLONGED
[inaudible]
OR OFF FORCE IN ESSENCE A TRIAL
PARTICULARLY IF THEY'RE GETTING
A FREE ATTORNEY.
THE PUBLIC DEFENDER OF
CIRCUMSTANCE.
HIGH QUALITY OF COURSE.
SCHOLAR BUT I MEAN IT COULD
PROLONG THE RESOLUTION OF THAT
CASE BECAUSE THEY WANT TO MAKE
THE VICTIM.
COME TO COURT AND BE FORCED TO
TESTIFY AND I MEAN.
YOU KNOW I'VE I'VE WATCHED THESE
PEOPLE IN TEARS AT TIMES VIC ON
THE VICTIMS SIDE.
THE PROSPECT OF HAVING TO FACE.
THEIR VIEWS ARE IN COURT AND
THAT'S IT.
THAT IS SOMETHING.
THAT TAKES PROFOUND COURAGE.
AND NOT EVERYBODY IS IN A
POSITION WHERE THEY WANT. TO TO
COME TO COURT SO.
AB AGAIN A 1000% ONBOARD WITH A
CALL BUT I'M JUST CURIOUS AS TO
WHAT YOUR THOUGHTS ARE ON WIDE
THERE'S NO REBUTTABLE
PRESUMPTION. FOR THE FOR THE
FELONY SICKENING WISH WELL THANK
YOU AND I APPRECIATE THE
QUESTION --
IN THROUGH THE CHAIR THE FIRST
PART OF YOUR QUESTION Y. WE
DON'T ALLOW THE REBUTTABLE
PRESUMPTION THE FELONY.
WE HAVE EXISTING LINE CALIFORNIA
FROM SENATE BILL FIFTEEN TWENTY
TWO BY.
A SENATOR ATKINS WHICH
ESTABLISHED A THE ABSOLUTE
PROHIBITION IN A FELONY
CONVICTION SOMEBODY CONVICTED OF
SEXUAL ASSAULT.
AS THEIR FORM OF DOMESTIC ABUSE
OR ATTEMPTED MURDER.
A WHAT THAT LEAVES IS WILL SAY A
WOMAN SPOUSE WHO IS BEATEN CLOSE
TO DEATH --
BUT THERE'S NOT A AN ALLEGATION
OF ATTEMPTED MURDER --
POTENTIALLY FORFEITS --
PENSION RIGHTS COMMUNITY
PROPERTY RIGHTS ETCETERA SO THE
FELONY PART CONFORMS.
IN ALL MEMBERS IN BOTH A FELONY
AND MISDEMEANOR COMPONENTS.
DUE PROCESS IS AFFORDED THE
ACCUSED IN A CRIMINAL COURT
THERE ARE THOSE IN THE DOMESTIC
VIOLENCE COMMUNITY WHO THINK
SIMPLE ACCUSATIONS SHOULD RESULT
IN THESE REMEDIES WE HAVE THE
STANDARD OF A CRIMINAL
CONVICTION.
WHERE THE ACCUSED IS AFFORDED
FULL DUE PROCESS WHETHER IT'S
VALENTINIAN MISDEMEANOR THE
OTHER PART OF YOUR QUESTION?
ABOUT HOW THIS MIGHT AFFECT.
PLEA BARGAINING OR PEOPLE
PLAYING PLAYING THE SYSTEM AND
AND THE CONCERN OF A VICTIM
HAVING TO TESTIFY.
IN COURT WELL.
IF AN ACCUSER A IS CHARGE A IF
AN ABUSE IN MP USER IS CHARGED.
LIKELY A PROSECUTOR IS GOING TO
WORK WITH THE VICTIM.
YOUR TESTIMONY FROM THAT VICTIM
BUT WE'RE TOLD FROM THE
OPPONENTS OF THIS BILL.
THAT.
THEY SHOULDN'T PURSUE THIS
BECAUSE THEY CAN PURSUE A REMEDY
IN TORT BY PURSUING A CIVIL
ACTION.
AFTER THE ABUSE HAS TAKEN PLACE
ARM AND THAT REQUIRES THEM TO
COME BACK INTO COURT TO
DEPOSITIONS LINK THE DEPOSITIONS
SO THE ABUSE DOESN'T AND AND AND
THE ONLY PLACE THAT IT CAN
HAPPEN ISN'T NECESSARILY.
IN THE CRIMINAL SETTING SO BY
PROTECTING THE DUE PROCESS
RIGHTS OF THE ACCUSED.
AND IN THE MISDEMEANOR ARENA
ALLOWING FULL DISCRETION OF THE
JUDGE TO UNDERSTAND THE OTHER
HYPOTHETICAL WE'VE HEARD IS THAT
--
THE THROWING OF THE VASE
RETALIATION A VICTIM OF ABUSE --
LIKE MISS MARTIN FOR MANY YEARS.
REACHES A BREAKING POINT THROWS
A VASE AT THE LONG TERM ABUSER
AND GETS CHARGED WITH A CRIME
WELL SIMPLY THROWING A BASIS
PRAY NOT GONNA BE CHARGED AS A
FELONY -- IF
IF IT WERE IT MIGHT BE PLAYED
DOWN TO A MISDEMEANOR THE JUDGE
RESERVES IN THIS BILL FULL
DISCRETION TO REVIEW THAT
HISTORY OF TWENTY YEARS OF
ABUSE.
TO REVIEW FACTS IN EVIDENCE OF A
BREAKING POINT OF A VICTIM.
AND THE FULL DISCRETION TOWARD
SOME OR NONE.
OF THE PENSIONER COMMUNITY
PROPERTY A TO THE ABUSER OR NINE
AND SO I THINK THE AMENDMENTS
THAT THE COMMITTEE HAS
DEVELOPED.
WITH RESPECT TO THE MISDEMEANOR
IT PROTECTS FULL DISCRETION OF
THE JUDGE TO TO LISTEN TO THESE.
WHAT I THINK UPRIGHT UNIQUE
EXAMPLES I RECOGNIZE THEY
HAPPEN?
BUT FRIENDS THE VAST MAJORITY OF
VICTIMS OF ABUSE ARE WOMEN.
THE VAST MAJORITY OF VICTIMS OF
THAT ABUSE ARE FROM ABUSIVE
HUSBANDS.
IN THE CURRENT LAW.
TEX THEM IN SHARING A THE
EARNINGS THE PENSION OF THEIR
VICTIM WERE TRYING TO CONFORM.
TO LAW WHAT ALREADY EXISTS FOR
THE VICTIM OF A SEXUAL ASSAULT
OR AN ATTEMPTED MURDER WE THINK
IT SHOULD APPLY TO ALL VICTIMS
WHERE THERE'S A FELONY
CONVICTION SO I HOPE THAT
ADDRESSES IT MAYBE NOT
SATISFACTORILY BUT THAT WOULD BE
MY RESPONSE.
THANK YOU [inaudible]
OUR WELL.
THANK YOU FOR BRINGING THE BILL
FORD I THINK IT'S IMPORTANT
BUILD OF MAN ISSUE THAT WE
CONTINUALLY AND UNDERSTANDABLY.
ARE OF PUTTING MORE MORE FOCUS
ON THE MORE VERY REALIZING ABOUT
ABUSE AND THE FACT THAT NOT ONLY
OF THE NEW VICTIMS COMMON ALL
WEALTH CLASSES ALL RACES YOU
NAME IT.
A SORT OF PERPETRATORS AND THAT
THE THAT THERE IS BUDGET AND
THAT'S NOT THAT I THINK WE'RE
LEARNING A LOT MORE ABOUT THAT
IN RECENT YEARS WHICH IS GOOD --
AND AND CERTAINLY I THINK --
THAT THERE'S NO DOUBT THAT THERE
ARE MANY SITUATIONS AND
SCENARIOS WHERE VICTIMS TO BE
FINANCIAL HOSTAGES IN DIFFERENT
FORMS IN THIS FORMAT COULD BE.
DUBBED RISK OF LOSING THEIR
THEIR PENSION AND RETIREMENT
WHAT HAVE YOU.
I'M.
FOR MANY IMMIGRANTS I KNOW THAT
WE SEE THIS LOT SOUTH ASIAN
COMMUNITY OF THEY COME HERE --
THEY HAVE MARRIED INCOME HERE
THEY DON'T KNOW ANYONE THEY
DON'T HAVE AND AND AND A PILL
HELPLESS TO BE ABLE TO REACH OUT
--
IF THEY'RE VICTIMS OF DOMESTIC
VIOLENCE BECAUSE THEY WILL BE
ABANDONED UP AND SOUTHERN ALLOT
A DIFFERENT.
WEB FORMS THAT THIS KIND OF
ABUSE TAKES SHAPE IN AND AND SO
I I APPRECIATE OF MISS MARTIN
AND OTHERS THAT WERE BILLION TO
HAVE THE COURAGE TO SPEAK ABOUT
IS VERY VULNERABLE.
A POSITION IBM IS COURAGEOUS AND
IT REMINDS ME OF OF WHEN I WAS
AT A YOUNG ATTORNEY WAS IN
CHAMBERS AND WAS OF A CASE ROUTE
BUT LITTLE MOTIONAL BOWDEN.
SORT OF CRIME. TO BEING HUMAN
AND SO BOB PLEASE DON'T
APOLOGIZE FOR THE MOTION USUALLY
BECAUSE I THINK THAT IT COMES
FROM A REAL PLACE AND IT HELPS
US TO UNDERSTAND THAT THIS IS.
THAT WE'RE DOING LIES IN YOUR
DOING YOU KNOW COME UP ON PAPER
BLACK WHITE THAT WERE ACTUALLY
TRYING OUR BEST TO PROTECT
PEOPLE IN OUR COMMUNITY.
AND IT'S NOT ALWAYS EASY TO DO
BECAUSE AS WE ARE HEARING OTHER
IS DUE PROCESS OUR RIGHTS THAT
EVERYONE HAS UP THROUGH OUR
SYSTEM AND AND OF AS MUCH MY
COLLEAGUE NAM.
EYES WORK AS A PUBLIC DEFENDER
W. DEFENDER FOR ELEVEN YEARS --
AND SO KNOW VERY WELL --
ABOUT THE CRIMINAL JUSTICE
SYSTEM FAR MORE THAN THE FAMILY
COURT SYSTEM HOWEVER --
BY UNDERSTANDING OF OTHER FAMILY
LIVES AND IT GETS VERY
CONTENTIOUS AND I APPRECIATE.
THE THE HONING AND AND THE FOCUS
OF THE AMENDMENTS ON THE THAT
THE MISDEMEANOR ASPECT BECAUSE
OFTENTIMES MY UNDERSTANDING OF
FAMILY COURT NO ACCUSATIONS ARE
FLYING BACK AND FORTH I THINK.
WE REALLY NEED TO MAKE SURE THAT
A COURT --
HAS THE DISCRETION --
TO IT YOU AS TO HOW IT APPLIES
THE RULE WAS THAT AND IS IT UP
THERE WITH THE REBUTTABLE
PRESUMPTION AS APPLIES. TO
MISDEMEANOR CHARGES I AND I DO.
AS OFTENTIMES CASE HAS SOME
SENSITIVITY TO THAT THOUGH REYES
LEGISLATE TELLS US TO RESOURCES
FOR THE COURTS THERE'S NO DOUBT
THAT -- THAT
AND I KNOW OUR CHAIR AGREES THAT
WE HAVE TO CONTINUE.
TUB OF DATA TO GET MORE
RESOURCES FOR OUR COURTS IN
GENERAL AND SO I THINK ABOUT.
UP WHEN I HEAR THAT COMMON
REFRAIN.
I TAKE IT TO HEART BECAUSE
THERE'S NO DOUBT WERE STILL MY
IS EVEN WITH OUR BUDGET GETTING
MORE RESOURCES TO OUR OUR
JUDICIAL SYSTEM THERE'S STILL
MORE THAT WE NEED TO DO AND I
THINK THAT EVERY TIME WE PUT.
ON MORE --
OPPORTUNITIES.
FOR MORE MORE MORE OCCASIONS
WHERE --
COURT'S GOING TO HAVE TO HAVE
MORE DISCRETION THAN CLEARLY
THAT THAT COULD POTENTIALLY ASK
A I'D TO WORKLOAD.
HOWEVER I I APPRECIATE JUST WHAT
DISCRETION I KNOW THAT I'VE SAID
THIS ON IN THE PAST MY COMES TO
MANDATORY ENHANCEMENTS WHAT HAVE
YOU.
AND I'M.
THAT THOUGH THE ONE THING I'LL
MENTION IS THAT THERE'S NO DOUBT
WITH THE FELONY CHARGES.
BUT YES I COULD ADD ANOTHER
ELEMENT --
I'M TO OF DEFENDANTS TO CONSIDER
TO WAY.
AS TO WHETHER THEY'RE GONNA
PLEAD GUILTY OR NOT THAT THERE'S
NO DOUBT ABOUT IT ANYTIME YOU
OUR THERE'S IMMIGRATION
CONSEQUENCE POTENTIAL TAMMY LA
CONSEQUENCE BUT THERE'S HAS TO
TRUST YOUR CHILDREN.
EYES UP OF FORMER DEFENSE ARE
THOSE ALL THINGS THAT WE WOULD.
VERY SERIOUSLY ADVISE OUR
CLIENTS ON AND THIS WOULD BE ONE
MORE THING ON A FELONY CASE
[inaudible]
BUT AB TO SUGGEST THAT.
THIS CONSEQUENCE ALONE WILL BE A
DETERMINING FACTOR AS WHETHER
THE GO TO TRIAL OR NOT.
IS JUST NOT REALISTIC I'M I
THINK THAT.
IF SOMEONE'S FACING PRISON TIME
IF THEY DON'T A TRIAL AND IF
THEY ARE.
GIVEN AN OPPORTUNITY TO AVOID
PRISON TIME FOR NOT GOING TO
TRIAL I THINK THAT PROBABLY HAS
A MUCH GREATER IMPACT ON THEIR
DECISION AS TO WHETHER THEY
PETER NOT AND AS OPPOSED TO
FIGHTING IT ALL THE WAY.
NOT SAYING THAT THERE WILL BE
OCCASIONS WHERE GOING TO GO
FORWARD BECAUSE OF THIS ISSUE OF
COURSE THEY'RE GOING TO BE SOME
OCCASIONS BUT IN THE BALANCE.
HOW AM I DON'T?
I'M I I DON'T SEE THAT IF YOU'RE
TALKING ABOUT A LEGITIMATE
SERIOUS FELONY CASE I AM A THAT
OTHERWISE WOULD NOT BE REDUCED
TO A MISDEMEANOR OFTENTIMES
BENEATH ON THE CASES ARE REDUCED
TO MISDEMEANOR WHEN THE FACTS
COME OUT AND AND AND UP TO
CLEVELAND.
WHEN THERE'S A WOMAN BEING
ACCUSED OF FELONY AND THEYARE A
PART OF THE A A AND THEY'VE BEEN
IN A VIOLATION FOR A LONG TIME
AND IT'S DAMN?
RESPONDING BACK --
OFTENTIMES THAT THE AT THE
CRIMINAL COURT LEVEL.
THOSE ISSUES WILL BE TAKEN INTO
ACCOUNT AND DOLBY CONSIDERATION
AND OFTENTIMES THOSE CASES WILL
BE REDUCED TO A MISDEMEANOR
GIVEN.
THE THAT THE THE NATURE OF THE
RELATIONSHIP AND OPPORTUNITY FOR
THE COURTS AND FOR THE DISTRICT
ATTORNEY THAT OPPORTUNITY TO
HAPPEN TO FURTHER DELVE INTO THE
CASE.
I'M I DON'T KNOW THE ONE THING
JUST YOU KNOW A AS A DEFENSE
ATTORNEY IS.
IS THE I KNOW THIS ISN'T IN SOME
WAYS NOT DIRECTLY COLONEL HANSON
BUT IT DOES ENHANCE PENALTIES
FOR CRIMINAL OFFENSES AND SO --
I THINK IN WEIGHING.
IN AND WEIGHING EVERYTHING I
STILL SUPPORT THE BILL EXACTING
THAT THERE ARE STILL.
A BROAD AYE AYE SO THAT THERE'S
STILL A FAR MORE TO SUPPORT
SHOULD NUMBER WOMEN --
WHO ARE?
VICTIMS OF OF VIOLENT DOMESTIC
VIOLENCE CRIMES.
THAT ARE NOT --
GETTING BY OF THAT THEIR FAIR
SHAKE ALL IN ALL IT IN TERMS OF
THE OUTCOME OF CASES BOTH
CRIMINALLY AND IN FAMILY LAW.
ARE AND SO BUT I WOULD I WOULD
BE INTERESTED IN KNOWING IS.
IF THIS WERE TO BECOME LAW --
PUT IT THE OTHER IN A IN A BATCH
OF SUMMER FORGET ABOUT I WOULD
REALLY LIKE TO SEE TWO THREE
YEARS DOWN THE LINE.
WHAT THE IMPACTS ARE BECAUSE I
DO HAVE SOME CONCERNS THAT HAVE
BEEN RAISED INCLUDING WAYS BY
OPPOSITION?
UMMA AND I THINK IT'LL BE
INCUMBENT UPON US TO RETURN. TO
THE US TO SEE HOW BUT THE
OUTCOMES ARE IN THE YEARS AHEAD
TO MAKE SURE THAT IT HAS THE
DESIRED OUTCOME WHICH I KNOW
SENATOR.
UP YOUR INTENTIONS ARE 100% PURE
AND GOOD IN CHINA PROTECT
VICTIMS OF DOMESTIC VIOLENCE AND
WITH THAT GOAL I I CERTAINLY
SUPPORT IT [inaudible]
THIS KILEY.
A COUPLE QUESTIONS --
FOR THE OPPOSITION'S SO I'M.
THAT PERVERSE CONSEQUENCES THAT
YOU OUT WARNER HAVE HAVE YOU
SEEN THAT PLAY OUT WITH RESPECT
TO THE FELONIES --
FOR WHICH THERE IS ALREADY A BAR
ON AYE SPOUSAL ABUSE --
YOU KNOW AND IF NOT WHY WOULD
THIS ADDITIONAL COSTS OF THEM
FELONIES HAVE THOSE PERVERSE
CONSEQUENCES.
AND SAID SORRY AT SECOND
QUESTION IS --
UNDER --
EXISTING LAWS YOU KNOW THE THE
FAMILY LAW JUDGE CAN ALREADY
CONSIDERING CRIMINAL HISTORY AND
MAKING THE SPOUSAL ABUSE AWARD
AND SO --
THIS BILL WOULD CREATE A ROOM IM
XIN -- FOR
MISDEMEANOR CASES SO OUT WHY DO
YOU SEE --
THE ELEVATION OF THIS EVIDENCE
BEING RELEVANT TO IT BECOMING A
REBUTTABLE PRESUMPTION --
TO BE SUCH A STRONG --
FACTOR THAT WOULD THEN DRIVE --
THE DECISION WHETHER TO ACCEPT A
PLEA BARGAIN ON THE PART OF
DEFENDANT [inaudible]
I I THINK THE SECOND QUESTION IF
IF THAT'S OKAY --
WITH RESPECT TO EXISTING A LOT
WHAT EXISTING LAW DOES IS GIVE
THE JUDICIAL OFFICER THE
DISCRETION TO TAKE.
ANY DOCUMENTED HISTORY OF
DOMESTIC VIOLENCE BETWEEN THE
PARTIES INTO CONSIDERATION WHEN
IT COMES TO THE AWARD OF SPOUSAL
SUPPORT.
AND ATTORNEY'S FEES BECAUSE THE
ATTORNEYS FEES STATUTES.
BUT DIRECT THE COURT TO LOOK AT
THE SPELLS SPORTS STATUES WHAT
IT COMES ABOUT BUT CREATING A
REBUTTABLE PRESUMPTION FOR UP
FOR EXAMPLE FOR A MISDEMEANOR
CONVICTION.
OVERCOMING OF A BY THE BOOK
PRESUMPTION IS VERY VERY
DIFFICULT --
AND WE'RE TALKING ABOUT A
POTENTIAL YOU KNOW WOMAN WHO'S A
STATE HOME MOM WHO DOESN'T HAVE
HER OWN.
PORT OR OR MONEY TO HIRE AN
ATTORNEY TO OVERCOME THAT VERY
BIG BURDEN.
OF BOTH OF THAT PRESUMPTION.
AND SHE MIGHT NOT BE ABLE TO
MOST LIKELY NOT BE ABLE TO DO
THAT I THINK AS ATTORNEY AS A
PRACTITIONER VERY VERY DIFFICULT
TO OVERCOME OVER ABOUT ABOUT
PRESUMPTION.
VERSES THE CURRENT LAW WHICH
ALLOWS THE COURT TO JUST TAKE
EVERYTHING INTO CONSIDERATION AN
EXERCISE OF DISCRETION WHICH WE
THINK IS THE BETTER PART WHICH
AND THEN THAT THE FIRST QUESTION
AND I AT WITH RESPECT TO THE
FELONIES THAT ARE ALREADY
CONSIDERED TO BE ACTIVE TO
CREATE THIS.
SPARK --
WELL I HOPE THAT I CAN ANSWER
YOUR QUESTION CORRECTLY I DON'T
PRACTICE CRIMINAL LAW I PRACTICE
ONLY.
FAMILY LAW I CAN TALK TO ABOUT
THE ADVERSE CONSEQUENCES
ASSOCIATED WITH THE MANDATORY --
THE DISTRIBUTION OF FUNDS AS A
RESULT OF A DOMESTIC VIOLENCE
ACTION AND HOW WOULD IMPACT MY
CLIENTS.
THEY ARE SCARED TO DEATH TO GO
TO COURT.
IT IS A STRUGGLE IT IS IT IS A
CONTINUING STRUGGLE THAT
REQUIRES THE SUPPORT OF EVERYONE
AROUND THEM WHEN THEY HAVE
GENUINELY BEEN VICTIMIZED. TWO
TO GET THEM TO HANG AND THROUGH
THE LITIGATION PROCESS TO GET
THE PROTECTION THAT THEY NEED.
AND I ALSO THINK THAT THIS --
IT IS BUT I REALIZED THAT IT'S A
VERY HARD CALL BUT I ALSO THINK
THAT THIS INCREASES RISK FOR
THEM.
BECAUSE WE'RE UPPING THE ANTE
WITH RESPECT.
TO THE ABUSER WERE GIVING HIM
MORE TO BE ANGRY ABOUT
[inaudible]
AND AND WHICH IS NOT TO SAY.
WHICH IS NOT TO SAY THAT.
IN MANY CASES.
IT'S NOT WELL DESERVED AYE I
THINK FLEX COMES PROBLEMS WERE
REALLY CENTERED AROUND THE
PROCESS ISSUES --
THAT WHEN WE'RE LOOKING AT
MONETIZING INJURY.
THAT SHOULD BE OCCURRING IN TORT
FAMILY LAW DOES NOT SAID --
AND TORE IT WE DON'T HAVE JURIES
[inaudible]
AND WE SUPPORTED THROUGHOUT THE
PROCESS EARLY ON AND THROUGHOUT
THE PROCESS.
MAKING IT EASIER PATHWAY FOR
DOMESTIC VIOLENCE VICTIMS. TO
GET INTO THE THE TORT SYSTEM TO
GET THE HELP THEY NEED THERE.
RATHER THAN HAVING THIS KIND OF
BLANKET TREATMENT I UNDERSTAND
EVERYONE'S CONCERNS REGARDING
THIS I JUST HAVE GENUINE CONCERN
FOR THE VICTIMS.
WHEN THE ABUSERS FIND OUT THE
AMOUNT OF MONEY THAT'S
[inaudible]
THANK YOU.
OTHER QUESTIONS COMMENTS.
ALRIGHT SING NONE.
SENATOR YOU MAY CLOSE.
WELL THANK YOU MISTER CHAIRMAN
MEMBERS I APPRECIATE.
THE TIME YOU'VE AFFORDED TO THIS
AND I'M THE FIRST TO ACKNOWLEDGE
THE THE CHALLENGES --
I WOULD SAY HOWEVER THAT.
ON WE ESTABLISH A BAR THAT
REQUIRES A CRIMINAL CONVICTION.
THAT AFFORDS DUE PROCESS RIGHTS
TO AN ALLEGED ABUSER.
IT ALSO CAN INFORM A FAMILY
COURT AS TO A VERY HIGH STANDARD
THE HIGHEST STANDARD.
IN TERMS OF DETERMINING GUILT
INDIANS INNOCENTS WE'RE TOLD
THAT THE NO FAULT SYSTEM IN
FAMILY LAW IS SACROSANCT IN THIS
WILL UPSET NO FAULT SYSTEM.
FRIENDS WE'RE TALKING ABOUT A
SYSTEM WHERE SOMEBODY HAS BEEN
FOUND GUILTY OF FAULT IN A
CRIMINAL PROCEEDING --
ATTEMPTED MURDER --
SEXUAL ASSAULT FELONIES
CURRENTLY PROTECT THE VICTIM
FROM THE ABUSER BENEFITING
FINANCIALLY FROM THAT.
THE QUESTION FROM ASSEMBLYMEMBER
KILEY AYE DON'T THINK WAS WAS
FULLY ANSWERED WE DON'T HAVE
THAT I AM AWARE OF ANY DATA.
OF HOW THAT'S ADVERSELY IMPACTED
VICTIMS --
OUR HOPE IS THAT IT DOES
ADVERSELY IMPACT A CONVICTED
FELON WHO'S ENGAGED IN SEXUAL
ASSAULT OR ATTEMPTED MURDER WE
THINK THAT SAME STANDARD SHOULD
APPLY TO ANYONE CONVICTED OF A
FELONY.
HOW THIS IMPACTS CRIMINAL COURTS
--
IN PLEA BARGAINING A IT.
PERHAPS WILL GIVE A PROSECUTOR
SOME LEVERAGE TO SECURE --
A PLEA FOR A MISDEMEANOR SO THAT
THE FOR THE THE PERSON ACCUSED
OF A FELONY --
HAS AN OPTION TO APPEAL TO THE
DISCRETION OF THE COURT I DON'T
THINK THAT'S NECESSARILY BAD IN
TERMS OF OPENING UP FOR
PROTECTION IT'S WITH A
MISDEMEANOR.
PLEA -- IN A
FELONY SITUATION BUT THE PURPOSE
OF THIS LAW.
IS NOT TO DICTATE HOW CRIMINAL
DEFENSE FOR CRIMINAL PROSECUTION
FULFILLS IN THEIR JOB --
I DO THINK WOULD BE INCUMBENT ON
THE DEFENSE ATTORNEY TO MAKE --
HIS OR HER CLIENT FULLY AWARE OF
POTENTIAL FAMILY LAW
IMPLICATIONS THEY ALREADY EXIST
UNDER EXISTING LAW FOR SEXUAL
ASSAULT.
OR ATTEMPTED MURDER WE THINK IT
SHOULD APPLY TO ALL FELONIES WE
THINK THAT SUGGEST IT'S
EQUITABLE.
AND AT THE CORE OF THIS.
ATTEMPTING PREDOMINANTLY WOMEN
VICTIMS.
OF LONG TERM ABUSE [inaudible]
ASSAULT.
ATTEMPTED MURDER AND EVEN MURDER
AND IT IS HIGH TIME THAT
CALIFORNIA A RECOGNIZES THAT AS
WE HAVE WITH THE NARROW CLASS TO
EXTEND THAT TO OTHER CLASSES OF
VICTIMS OF DOMESTIC VIOLENCE.
AND WITH THAT MISTER CHAIR I'D
RESPECTFULLY ASK FOR YOUR AYE
VOTE IN AGAIN WANT TO THANK YOU.
AND YOUR COMMITTEE STAFF FOR
HELPING CRAFT I THINK.
VERY REASONABLE AMENDMENTS TO
GREATER CERTAINTY AND
PREDICTABILITY IN THE
MISDEMEANOR RINA THANK YOU.
THANK YOU SENATOR.
THEY WILL TAKE THIS UP WAS TO
GET A LOT THANK YOU THANK YOU.
SENATE Y. KOWSKI.
ALRIGHT SENATOR.
LET'S.
WE SHALL SEE SO SENATOR ALLEN
YOU'RE FOR BILLS FOR TODAY NOW
NOW NOW MY GUIDE NOW PLEASE.
YOU'RE YOU'RE ONE BILL THIS IS
HOW AND REYES IS ITEM NUMBER
NINE S. B. TEN SIX THIS BILL HAS
LITERALLY ENTIRE IT'S NOT IT'S
IT'S IT'S SUBSTANTIALLY THE SAME
BILLS WHEN IT STARTED AND HAS
NOT RECEIVED A SINGLE NOVO IT
WHEN IT THIRTY EIGHT ZERO VOTE
IN THE STATE.
SENATE.
I SO THAT'S BECAUSE THE SENATE
CZ ARE HIGH YES.
ALRIGHT SO I JUST WHEN I THINK
THE COMMITTEE STAFF FOR ALL
THEIR HARD WORK ON THIS BILL FOR
THEIR DETAILED ANALYSIS THIS
BILL WILL HELP CALIFORNIA MEET
ITS CLIMATE.
AND CLEAN TRANSPORTATION GOALS
BY LIMITING OBSTACLES THAT COULD
PREVENT CONDOMINIUM RESIDENTS
FROM ACCESSING ELECTRIC VEHICLE
CHARGING STATIONS WHILE THE
PRICE OF ELECTRIC VEHICLES.
HAS BEEN STEADILY DECREASING THE
ACCESSIBILITY OF ELECTRIC
VEHICLE CHARGING STATIONS
CONTINUES TO BE AN ISSUE.
CONDOMINIUM RESIDENTS BELONG TO
HOMEOWNERS ASSOCIATIONS OFTEN
FIND IT EVEN HARDER TO MAKE THE
SWITCH TO ELECTRIC VEHICLES.
SINCE THEY DON'T ALWAYS HAVE THE
CONVENIENCE [inaudible]
STATION.
SO CURRENT LAW PROHIBITS A
HOMEOWNER ASSOCIATION FROM
UNREASONABLY RESTRICTING
RESIDENTS ABILITY. TO INSTALL A
CHARGING STATION AT THEIR OWN
COST BUT IT'S SILENT REGARDING
THE REMAINING NECESSARY
INFRASTRUCTURE INCLUDING THE
TIME OF USE METER.
AT THAT MAKE DVDS MORE
ECONOMICAL THIS BILL ADDRESSES
THIS GAP IN LA BY PROHIBITING
HOMEOWNER ASSOCIATIONS FROM
RESTRICTING THE ABILITY
RESIDENTS TO INSTALL A TIME OF
USE METER.
AND THE COMPANY INFRASTRUCTURE I
HAVE WITH ME COURT ABOLISHED
FROM THE ELECTRIC VEHICLE
CHARGING SUFFICIENT SPEAKING.
SUPPORT OF THE BILL AND I DO
WANNA THINKS AS SENATOR MORE
CASKEY FOR I'VE FOR BY ME
PRESENT.
THANK YOU THEIR WITNESS PLEASE
--
GOOD MORNING MISTER CHAIR
MEMBERS KORABL OF SOME HALF
ELECTRIC VEHICLE CHARGING
ASSOCIATION IN STRONG SUPPORTER
OF SP.
TEN SIXTEEN EARLIER THIS YEAR
GOVERNOR BROWN ISSUED AN
EXECUTIVE ORDER CALLING FOR
TURNER FIFTY THOUSAND EVEN
CHARGING STATIONS BY TWENTY
TWENTY FIVE AND FIVE MILLION
ZERO EMISSION VEHICLES.
BY TWENTY THIRTY WE STRONGLY
SUPPORT THESE ADMIRABLE GOALS
AND THEY WILL REQUIRE A PRETTY
MASSIVE SCALE UP IN
INFRASTRUCTURE IF WE ARE GOING
TO MEET THEM.
THAT'S REALLY GOING TO
NECESSITATE THE STATE
INCREASINGLY FOCUSING ON
REMOVING UNNECESSARY.
OF BARRIERS TO DEPLOYMENT
WHETHER IT'S REGULATORY
PERMITTING FINANCIAL OR
OTHERWISE AND I'M A HAS MISTER
ALLEN.
STATED IN HIS --
OPENING THAT UNTIL YOU METER
TOOL TO HELP BEING EVEN DRIVERS
UNDERSTAND WHEN TO CHARGE THEIR
CAR HOW CAN THEY SAVE ON
ELECTRICITY COSTS FOR WHEN
THEY'RE CHARGING.
US ABOUT EBS CAN BE A MORE
ECONOMICAL OPTION TO REALLY YOU
KNOW IN FURTHERANCE OF THE GOALS
PREVIOUSLY MENTIONED S. B. TEN
SIXTEEN REALLY DOES HELP MOVE
THE BALL FORWARD IN REMOVING
UNNECESSARY BARRIERS.
THANK YOU.
OTHERS AND SUPPORTS.
BEHALF OF ADVANCED ENERGY
ECONOMY AND ALSO ON BEHALF OF
THE CITY OF SANTA MONICA AND
SUPPORT THINKS THANK YOU ANYONE
ELSE AND SUPPORTS.
SEEING NONE IS THERE OPPOSITION.
SO ANOTHER BRING IT BACK TO
COMMITTEE QUESTIONS COMMENTS.
SENATOR YOU MAY CLOSE.
I THINK THE COMMITTEE BANK
CENTER WITH KOWSKI I WOULD
APPRECIATE YOUR SUPPORT FOR THIS
BILL [inaudible]
THANK YOU.
THAT SAID WIECKOWSKI.
ITEM NUMBER SIX S. B..
NINE FIFTY FOUR YOU HAVE TO
ITEMS BEFORE TO GIVE A
PREFERENCE [inaudible]
OKAY.
AND LET'S TAKE UP ITEM NUMBER
SIX THANK YOU MISTER CHAIRMAN
LET ME START OFF BY THANKING THE
COMMITTEE --
FOR THEIR WORK ON THIS BILL I
WILL BE ACCEPTING THE AMENDMENTS
IS CONTAINED IN THE MOCK UP
THANK YOU THIS BILL REQUIRES AN
ATTORNEY REPRESENTING A CLIENT
TO PROVIDE THE CLIENT WITH
WRITTEN DISCLOSURE.
ON THE CONFIDENTIALITY
RESTRICTIONS IN MEDIATION.
IT WILL ADDITIONALLY REQUIRE THE
ATTORNEY TO OBTAIN THE CLIENTS
SIGNATURE ACKNOWLEDGING THAT THE
CLIENT HAS READ AND UNDERSTAND
LIMITATION WE KNOW THE
CONFIDENTIALITY IS IMPORTANT
ASPECT OF MEDIATION.
IN ASSURING PARTICIPANTS THEY
ARE THEY CAN BE ENTIRELY CANDID
CONCERNS HAVE BEEN RAISED AS
OUTLINED IN THAT A STAFF REPORT
MOST NOTABLY THE CASSELL --
CASE THAT CALIFORNIA'S MEDIATION
CONFIDENTIALITY STATUE THIS
SENSUALLY BARS MEDIATION
CONSUMERS WHO HAVE BEEN WRONGED
BY THEIR ATTORNEY FOR PEACE
PURSUING.
A MALPRACTICE ACTION.
THIS BILL SENATE BILL NINE FIVE
FOUR THERE'S NOT CHANGE THAT
CURRENT CONFIDENTIALITY STATUTES
BULL PROVIDE MEDIATION CONSUMERS
A BETTER UNDERSTANDING OF THE
CONFIDENTIALITY AND ALLOW THEM
TO HAVE.
A TO MAKE INFORMED DECISIONS
ABOUT PARTICIPATING IN MEDIATION
AND WITH ME I HAVE LARRY DOYLE
AND AND NICK BROKE OUT ON BEHALF
OF THE ACT CALIFORNIA DISPUTE
RESOLUTION COUNCIL.
AN URGENT AYE VOTE.
THANK YOU FIRST WITNESS PLEASE.
GOOD MORNING MISTER CHAIR AND
MEMBERS LAURIE DILLON BATTLE
COVERS A CALIFORNIA BAR
ASSOCIATIONS.
IN A TWO THOUSAND ELEVEN SHORTLY
AFTER THE GAZELLE DECISION THE
CONFERENCE.
SPONSORED TO ADOPTED A
RESOLUTION OF MODELED AFTER
JUSTICE CHEN SERVED OBJECTIONS
AND CASSELL TRYING TO MAKE OF
CARVE OUT A LIMITED EXCEPTION
MEDIATION CONFIDENTIALITY.
FOR GOOD CONVERSATIONS AND
EXCHANGES BETWEEN ATTORNEY AND
CLIENT --
AND THAT WAS BROUGHT FORWARD THE
LEGISLATURE'S AB TWENTY TWENTY
FIVE BY ASSEMBLYMAN WAGNER AND
CORRAL OF THAT BILL WAS --
STRONGLY OPPOSED BY THE
PROFESSIONAL MEDIATION COMMUNITY
AND AS A RESULT --
OF COMPROMISE WE MANAGED.
TO TURN THAT INTO EIGHT LAW
REVISION COMMISSION STUDY.
THAT STUDY WENT ON FOR FOUR
YEARS AND MANY MANY MANY
HEARINGS.
AND RECENTLY PRODUCED A BOOK I
FINAL RECOMMENDATION WHICH IS AS
I BELIEVE PRODUCT MISTER KELLY
OBJECT.
POINTED OUT EARLIER HAS A VERY
VERY STRONG OPPOSITION
INSTITUTIONAL OPPOSITION --
SO WEIRD LOOKING AT THIS AND
WHETHER OR NOT THAT PROPOSAL
GOES FORWARD OR ANY SUBSTANTIVE
CHANGES MADE IN THE LAW --
WE SEEM TO HAVE CONSENSUS
[inaudible]
THAT.
NO MATTER WHAT HAPPENS AS FAR AS
THE END OF THE THE EXCEPTIONS
ITSELF.
AT LEAST THE MEMBERS OF THE
PUBLIC.
WHO ARE GOING TO BE
PARTICIPATING IN MEDIATION
UNDERSTAND?
THE POTENTIAL RISKS THAT THEY
RHYME IF THEY HAVE A BAD
ATTORNEY.
AND THEY NEED TO KNOW THAT IF
THE ATTORNEY DOES SOMETHING
THERE THE ABILITY TO PRODUCE IT
PROVIDE EVIDENCE.
HAVING ANYTHING TO DO WITH THE
MEDIATION PROCESS IS VERY VERY
SEVERELY LIMITED --
S. B. NINE FIFTY FOUR DOES THAT
IT DOESN'T DO AS SENATOR WHITE
HOUSE KEY GUYS SAID CHANGE THE
LOG IN ANY WAY WITH.
THE SUBSTANTIVE LAW BUT IT DOES
DO A GREAT CONSUMER SERVICE IN
MAKING SURE THAT CONSUMERS KNOW
WHAT THEY'RE GETTING INTO --
AND IS A VERY SMALL DIGRESSION
--
LOVAGE COMMISSION WORK VERY VERY
HARD ON THAT STUDY AND WHILE IT
MAY NEVER GO ANYWHERE --
COMMISSION MAY TO HAS A VERY.
VERY GOOD PROCESS AND HIS WORK
FOR THING AND WE WANT TO REVISIT
THAT AND SO WHILE I WASN'T ABLE
TO GET HERE FOR SENATOR ROTH'S
--
SCR THE HARDWARE LIKE TO SAY
SOMETHING ABOUT YOU HAVE TO
THINK YOU.
RIGHT WE DO HAVE A QUORUM OWN
ESTABLISH FORM STONE HERE
CUNNINGHAM.
CHAU CHIU HOLDEN KALRA
[inaudible]
KILEY [inaudible]
MAIENSCHEIN REYES [inaudible]
GONZALEZ FLETCHER.
THANK YOU WE DO HAVE A QUORUM
NEXT WITNESS PLEASE AYE GOOD
MORNING CHAIRMAN AND MEMBERS --
KEEP THINGS BRIEF NICK BROKE UP
A SECOND ADVOCATES HERE ON
BEHALF THE CALIFORNIA DISPUTE
RESOLUTION COUNCIL.
WHICH SINCE NINETEEN NINETY
FOUR'S ADVOCATE FOR FAIR
EXTENSIBLE --
AND EFFECTIVE ALTERNATIVE
DISPUTE RESOLUTION PROCESSES.
ADEQUATELY REPRESENTS MORE THAN
FIFTEEN THOUSAND MEDIATORS AND
ARBITRATORS ACROSS THE STATE OF
CALIFORNIA.
SEEDIER SEE SUPPORTS THE
DISCLOSURE OF THE
CONFIDENTIALITY RESTRICTIONS A
MEDIATION AS REQUIRED BY THIS
BILL.
AND FURTHER SUPPORTS THE AUTHORS
AMENDMENTS WHICH HAVE BEEN
REFERRED TO IN TODAY'S ANALYSIS.
MANY AUTHOR SONORA CASKEY FOR
HIS LEADERSHIP AND COALESCING
VERSATILE POINTED OUT VERY BROAD
RANGE.
OF STAKE.
AND RESPECTFULLY ASK DR.
THANK YOU OTHERS IN SUPPORT.
CHRIS CON REPRESENTING
CONSORTIUM FOR CHILDREN IN
SUPPORT.
CAITLYN COLEMAN CIVIL JUSTICE
ASSOCIATION AND SUPPORT THE
GIVE.
RUN KILLIAN STRONG SUPPORT AND
DEEP APPRECIATION FOR THE CHIEF
COUNSEL AND THE AUTHOR.
SURE MEMBERS TAMPON FOR THE
JUDICIAL COUNCIL WE DON'T HAVE
AN OFFICIAL POSITION THAT WE'VE
BEEN WORKING VERY CLOSELY WITH
THE UTHOR.
SPONSOR COMMITTEE STAFF ON
CRAFTING THE AND LIMITS.
AND THE ANALYSIS COVERS THE
ISSUES WELL WE ANTICIPATE --
COMING ONBOARD IN SUPPORT OF
SHORTLY.
THANK YOU ANYONE ELSE IN
SUPPORT.
SEEING NONE OPPOSITION.
THING NOT BRING BACK THE
COMMITTEE QUESTIONS COMMENTS.
Q. WE DO HAVE.
WELL A MOTION AND A SECOND.
IT'S ELEVEN O'CLOCK.
QUESTIONS COMMENTS FROM
COMMITTEE MEMBERS.
YES THEY WERE.
ALRIGHT SO THAT MOTION IS TO
PASS AS AMENDED INDEED CENTER
YOU MAY CLOSE I WRITTEN AYE VOTE
[inaudible]
THANK YOU.
KALRA PLEASE STONE AYE STONE AYE
CUNNINGHAM.
CUNNINGHAM AYE CHAU CHIU HOLDEN
KALRA.
KALRA AYE KILEY.
KILEY I'D MAIENSCHEIN REYES.
REYES AYE GONZALEZ FLETCHER.
IT'S ALSO TRY.
THAT BILL IS OUT.
IF YOU THINK YOU THAT BRINGS US
TO YOUR NEXT ITEM WHICH IS ITEM
NUMBER FOURTEEN S. B. TWELVE
SIXTY FIVE MISTER CHAIR FIRST
OFF LET ME THINK THE COMMITTEE
STAFF.
FOR A GENERALLY SEE GENEROUSLY
SPENDING MANY HOURS ENDEAVORING
TO MAKE THIS BILL EVEN BETTER I
WILL BE ACCEPTING THE AMENDMENTS
CONTAINED COMMITTEES MOCKUP
THANK YOU I'M THE BILL WOULD
STRENGTHEN THE DEMOCRATIC
GOVERNANCE IN CALIFORNIA IS.
A FIFTY FIVE THOUSAND HOMEOWNERS
ASSOCIATION UNFORTUNATELY IS A
STAFF REPORT PART.
POINTS OUT SOME HOMEOWNERS
SPORTS HAVE MANIPULATED
ELECTIONS BY FAILING TO NOTICE
AN ELECTION FAILING TO DELIVER
THE BALLOTS ALL RESIDENTS AND
THROWING OUT VALID BALLOTS
SOMETIMES THEY DON'T EVEN HOLD
ELECTIONS AT ALL.
THIS IS DONE TO EXCLUDE
DISENFRANCHISE THE RESIDENTS
WITH ME TODAY IS.
MEMBERS WHO YOU HEARD FROM OUR
MISTER ROBERTS K. SCR A
PARIKSHIT FOR A TENTH.
AND JUDGED OTHER THOMAS SIR.
BUT RETIRED JUDGE THOMAS SIR AND
I URGE AND I BOTH.
THANK YOU FIRST WITNESS PLEASE
[inaudible]
GOOD MORNING. TO CHAIR MY NAME
IS ERIC SHIVARAM ATTORNEY WITH
THE LAW FIRM OF SHIVERINGBOOSTS
IN ORANGE COUNTY CALIFORNIA.
OF A CERTIFIED POLA SPECIALIST I
WAS COUNSEL OF RECORD IN THE
WITTENBERG VERSES BEACH WHAT
HOMEOWNERS ASSOCIATION.
WHICH WAS --
BURSTON TOWARDS I'D ONLY
PUBLISHED A OPINION ON ELECTIONS
INVOLVING HOMEOWNERS
ASSOCIATIONS.
MY OFFICE IN --
REPRESENTS DISSENTING HOMEOWNERS
IN SEVERAL MATTERS AND I WANTED
HER TO MY SUPPORT --
FOR SENATOR WIECKOWSKI IS BILL I
WANTED YOU IN PARTICULAR THE
AMENDMENT THAT'S SET FORTH TO
FIFTY ONE FORTY FIVE EIGHT WHICH
IS PROVIDING A MEANINGFUL REMEDY
FOLLOWING THE COURT'S
DETERMINATION.
THAT THERE HAVE BEEN ELECTION --
VIOLATIONS FOUND --
AS THE LA NOW STANDS A COURT IS
GIVEN DISCRETION TO AVOID
RESULTS OF AN ELECTION EVEN
AFTER VIOLATIONS HAVE BEEN
FOUND.
AND IN THOSE INSTANCES IT KEEPS
THE BURDEN ON THE DISSENTING
MEMBER TO PROVE THAT THE
ELECTION WHICH HAS ALREADY BEEN
SHOWN TO VIOLATE THE PROCEDURES.
I'M WHETHER NOT THAT SHOULD BE
AVOIDED THE AMENDED THAT'S BEEN
PROPOSED UNDER.
FIFTY ONE FORTY FIVE EIGHT
ACTUALLY SHIFT THAT BURDEN TO
ASSOCIATIONS AND IT MAY COULD
MANDATORY THAT IT SHALL BE.
VOIDED UNLESS THE ASSOCIATION
CAN SHOW THAT THE VIOLATIONS
WERE A UNINTENDED IN NON
CONSEQUENTIAL.
AND I THINK THAT IS A MUCH
FAIRER --
WAY TO ADDRESS THAT ISSUE THE
LIES WRITTEN I BELIEVE HAS NO
TEETH AND I URGE THAT AMENDMENT
TO PASS --
AND JUST BY WAY OF BACKGROUND
THE THE PROVISION IS ENTITLED
THE JUDICIAL ENFORCEMENT OF
ELECTION PROCEDURES.
AND WOOD BURKE DECISION
SPECIFICALLY STATES THAT WHILE
VIOLATIONS MAY BE RELEVANT
ESSENTIALLY ITS HANDS WERE TIED
BECAUSE DISCRETION AS WITH THE
COURTS AS TO WHETHER OR NOT TO
AVOID IT I THINK.
VIOLATIONS --
SHOULD BE MORE THAN RELEVANT
THEY SHOULD CARRY THE DAY I
THINK THE OPINION.
WHAT SORT OF THE TAIL WAGGING
THE DOG BUT AS TO THAT POINTSO
I BELIEVE THAT IT'S VERY
APPROPRIATE THAT THE ASSOCIATION
SHOULD BEAR THAT BURDEN?
THAT THEY SHOULD HAVE TO SHOW BY
A PREPONDERANCE THAT THE
VIOLATIONS.
BUT THE VIOLATIONS WERE IN FACT
UNINTENTIONAL AND NON CONSERVE
QUITE CHILL I BELIEVE TWELVE
SIXTY FIVE DOES JUST THAT AN
EDITOR CHEN AYE VOTE THANK YOU
VERY.
THANK YOU NEXT WITNESS PLEASE --
TIME SIR ON BEHALF OF THE
SPONSOR OF THE BILL THE CENTER
FOR CALIFORNIA HOMEOWNERS
ASSOCIATION LAW.
I'D LIKE TO ACKNOWLEDGE THE HARD
WORK OF COMMITTEE STAFF THAT'S
BROUGHT US TO THIS POINT.
AND DEFERRED TO OUR NEXT WITNESS
AT KEVIN BAKER FROM THE AMERICAN
CIVIL LIBERTIES UNION OF
CALIFORNIA.
I CAN STATURE AWARENESS KEVIN
DIFFER FROM THEIR CONSERVE
LIBERTIES UNION I'LL BE VERY
BRIEF.
UP WE ARE OFTEN --
COLE DIDN'T ON ISSUES RELUCTANT
REGARDING.
ELECTIONS IN THESE --
HOMEOWNERS ASSOCIATIONS AS YOU
KNOW MISTER CHAIR THEY ARE
EFFECTIVELY BECAUSE I
GOVERNMENTAL ORGANIZATIONS
BECAUSE OF THEIR OF THEIR SCOPE
AND THEIR AUTHORITY OVER
HOMEOWNERS.
AND AND OR OR OR ALL RESIDENTS
INCLUDING TENETS NAM WE BELIEVE
THAT THAT.
EFFORTS BY MR MAJKOWSKI WITH
ALAN AND THAT BUT BY THE
COMMITTEE TO REFINE THE BILL
ANWAR HELPFUL STEP INTO ME TO
PREVENT PROBLEMS AND HAVE FREE
AND FAIR ELECTIONS AND ITS
ASSOCIATES.
THANK YOU ANYONE ELSE IN
SUPPORT.
SEEING NONE IS THERE OPPOSITION
[inaudible]
DON'T YOU.
CLEAR THE TABLE FOR THE
OPPOSITION.
SORRY I MEANT SUPPORT DIDN'T GET
IT FAST YOU OKAY.
WILL REDUCE YOUR SUPPORT JUST
GIVE YOUR NAME AND YOUR FOR
LARGEST RAINY AND I AM ON A
HOMEOWNERS ASSOCIATION BOARD.
AND I THINK THIS WILL BENEFIT
THE ENTIRE ASSOCIATIONS
[inaudible]
THANK YOU [inaudible]
OPPOSITION PLEASE.
GOOD MORNING MISTER CHAIR
MEMBERS OF THE COMMITTEE OF OUR
KNOW AND HE TAKE UP HALF OF THE
COMMUNITY ASSOCIATIONS INSTITUTE
--
FIRST I WOULD LIKE TO THANK THE
COMMITTEE FOR THEIR WORK ON THIS
AND I'M FOR DISCUSSING THESE
ISSUES WITH US ON THIS BILL.
AND WE APPRECIATE THE REMOVAL OF
THE COPYING OF THE BALLOTS AND
OF THE SIGNATURE ENVELOPES THAT
WAS A HUGE PRIVACY ISSUE FOR US.
EVEN WITHOUT AMENDMENT THOUGH
UNFORTUNATELY WE STILL HAVE TO
REMAIN OPPOSED TO THE BILL.
WE CONTINUE TO HAVE CONCERNS
WITH THE LIMITATIONS THAT THIS
BILL PLACES ON THE
QUALIFICATIONS OF WHO CAN BE ON
THE BOARD --
WE APPRECIATE SOME OF THE
AMENDMENTS THAT WORK FOR SOME
LIMITATIONS ON WHO CAN RUN FOR
THE BOARD BUT WE DO THINK THAT
THE BOARDS AND THE MEMBERS OF
THESE HOMEOWNERS ASSOCIATIONS.
SHOULD CONTINUE TO HAVE SOME
DISCRETION SHOULD OTHER ISSUES
ARISE -- WE
HAD DISCUSSED --
AN AMENDMENT THAT WOULD ALLOW
FOR FUTURE QUALIFICATIONS TO BE
DONE THROUGH THE BY LAWS SO THAT
WAS IT WAS A VOTE OF THE ENTIRE.
HOMEOWNERS IT ASSOCIATION WE
WOULD ENCOURAGE THE COMMITTEE IN
THE AUTHOR TO STILL CONTINUE --
POSSIBLY PROVIDING THAT
DISCUSSION FOR BOARD MEMBERS --
FEATHER ISSUES ARISE WE ALSO ARE
CONCERNED THAT ONE OF THE
QUALIFICATIONS DOES ADDRESS
SOMEONE WHO'S NOT UP TO DATE ON
REGULAR ASSESSMENTS BUT DOES NOT
INCLUDE SPECIAL ASSESSMENTS --
IF A MEMBER IS NOT PAYING THEIR
SPECIAL ASSESSMENTS THE REST OF
THE HOMEOWNERS HAVE TO PICK UP
THAT TAB.
AND WE'RE CONCERNED ABOUT
SOMEONE RUNNING FOR THE BOARD
AND BEING ON THE BOARD WHEN
THEY'RE ALSO NOT PAYING THEIR
SPECIAL ASSESSMENTS --
WE FURTHER HAVE CONCERNS WITH
THE SHIFTING OF THE BURDEN.
I'M WE BELIEVE THAT IF A MEMBER
BELIEVES THAT SOMETHING WAS
WRONG WITH THE ELECTION THAT
SOMETHING WAS DONE UNFAIRLY.
AMAR THAT PROCEDURE WASN'T
FOLLOWED THEY SHOULD HAVE THE
BURDEN TO PROVE.
THAT -- THAT
THAT WAS THE CASE AND THAT IT
SHOULD BE ON THE ASSOCIATION TO
HAVE TO PROVE THAT SOMETHING
DIDN'T HAPPEN BECAUSE IT'S AN
ODD SHIFT TO HAVE THEM PROVING A
NEGATIVE --
OTHER THAN THAT WE JUST HAVE
OTHER CONCERNS WITH --
THINGS THAT MAY RAISE THE COST
TO HOMEOWNERS CERTAINLY ACTION
PROCEDURES ON THE PAYING OF AN
ATTORNEY CONSULTATION FEE --
AND WHILE WE SUPPORT FAIR
ELECTIONS WE WANT TO MAKE SURE
THAT THERE IS NO WRONGDOING WE
ALSO WANT TO MAKE SURE THAT
UNDUE BURDENS AND I DO COSTS ARE
NOT PLACED ON THE HOMEOWNERS FOR
SO FOR THOSE REASONS WE ARE
JUROR NO VOTE [inaudible]
THANK YOU.
ANYONE ELSE IN OPPOSITION.
MISTER CHAIRMAN THERE'S BEEN
SWEAT LODGE ON BEHALF OF THE
CALIFORNIA ASSOCIATION OF
COMMUNITY MANAGERS IN
OPPOSITION.
THANK YOU ANYWHERE ELSE IN
OPPOSITION.
RIGHT SINGLE BRING ABOUT THE
COMMITTEE.
COMMENTS I MADE EARLIER ON
CENTER RAS BILL.
NOT TO GO INTO ALL THAT DETAIL
BUT THIS WAS CAREFULLY CRAFTED.
THE BETWEEN THIS BILL AND CENTER
RAS BILL MOVING TO BILLS PART OF
SUCH A THE SUBJECT THE SAME
SUBJECT MATTER.
THE SAME BECAUSE WE NEED TO BE
CAREFUL HOW THAT'S DONE.
SO WE ARE NOT EXPECTING THAT
WHAT WE HAVE CHANGED IN THIS
BILL OR SENATE ROTH BILL IS
GOING TO CHANGE IF IT DOES WILL.
CERTAINLY BRING IT BACK AND AND
RECONSIDER WHAT HAD HAPPENED TO
IT.
SO I'D APPRECIATE YOU WORKING
WITH US AND BEING ABLE TO AS
BEST WE CAN.
HARMONIZE THESE TWO BILLS TO
ENSURE THAT WE HAVE THE BEST
POSSIBLE CIRCUMSTANCE FOR
ELECTIONS THAT ARE.
FAIR EFFICIENT WITHIN THE
CONTEXT OF THE HOMEOWNERS
ASSOCIATION AND I I DO AGREE
THAT.
EVEN THOUGH THESE TEND TO BE
NONPROFIT ORGANIZATIONS THEY DO
HAVE A LOT OF CHARACTERISTICS IN
COMMON WITH MUNICIPALITIES
MUNICIPAL ORGANIZATIONS
[inaudible]
SO WE WE NEED TO BE CAREFUL HOW
WE ENSURE THAT ELECTIONS HOW
INTER HOW ELECTIONS HAPPENED AND
THAT THEY ARE.
THEY THEY ARE FREE AND NOT WASTE
TO A NECESSARILY EXCLUDE.
PEOPLE WHO ARE LIVING IN THAT
THAT OR OR OWNERS OF THE OF
HOMES IN THE RIGHT IN THE COMMON
INTEREST DEVELOPMENT FROM
ACTUALLY BEING REPRESENTED IN OR
BEHIND THE BOARD.
QUESTIONS COMMENTS FROM
COMMITTEE MEMBERS.
ALRIGHT WE HAVE A MOTION IS
THERE SECONDS.
THE MOTION AND A SECOND THANK
YOU SENATOR YOU MAY CLOSE IT'S A
GRAND COMPROMISE THEIR CHEN AYE
VOTES.
THANK YOU THE MOTION IS TO PASS
AS AMENDED KALRA PLEASE STONE BY
STONE AYE CUNNINGHAM
[inaudible]
CHAU.
CUNNINGHAM NO CHAU CHIU HOLDEN
KALRA.
KALRA AYE KILEY.
KILEY NO MAIENSCHEIN REYES.
REYES I'D GONZALEZ FLETCHER.
GONZALEZ FLETCHER AYE.
THAT IS FORTY TWO I'M GOING TO
PUT THAT ON CALL THINK YOU
[inaudible]
IF YOU [inaudible]
THANK YOU --
I'LL TAKE A MOTION ON THE
CONSENT AGENDA.
WE DO HAVE A MOTION AND A
SECOND.
CALL THE ROLL PLEASE.
STONE AYE STONE AYE CUNNINGHAM.
CUNNINGHAM AYE CHAU CHIU
[inaudible]
HOLDEN [inaudible]
KALRA.
KALRA AYE KILEY.
KILEY I'D MAIENSCHEIN.
REYES.
REYES AYE CONSOLES FLETCHER
ADULTS WHICH I THAT IS OUT THAT
IS S. B. FOR NINETEEN PORTANTINO
WHICH IS AS AMENDED AND THAT IS
BEING REFERRED TO RULES.
AND THAT S. B. TWELVE FORTY FOUR
WHITE HOUSE KEY THAT IS ALSO OUT
AS AMENDED THANK YOU SENATOR
JACKSON'S.
THIS IS ITEM NUMBER FOUR SP.
TWO TWENTY FOUR GOOD MORNING
IT'S GOOD MORNING.
CHAIR AND MEMBERS.
A FUNDAMENTAL RIGHT OF EVERY
WOMAN TO PURSUE SAFELY ECONOMIC
SECURITY ADVANCEMENT AND
PROFESSIONAL OPPORTUNITIES FREE
FROM HARASSMENT AND ABUSE.
HAS BEEN CODIFIED IN STATUTE AND
UPHILL THAN LEGAL DOCTRINES FOR
DECADES.
YET THIS PROHIBITED BEHAVIOR HAS
PERSISTED AND DAMAGE THE LIVES
AND WELL BEING OF FAR TOO MANY
WOMEN. FOR FAR TOO LONG.
CALIFORNIA MUST TAKE EVERY STEP
TO MAKE IT CLEAR THAT SEXUAL
MISCONDUCT.
IS NOT A FACT THE PROFESSIONAL
LIFE FOR WOMEN.
S. B. TWO TO FOUR IMMENSELY
UNRUH CIVIL RIGHTS ACT TO ADD
INVESTOR ELECTED OFFICIAL
LOBBYIST DIRECTOR AND PRODUCER.
TO THE LIST OF EXAMPLES OF
RELATIONSHIPS THAT ARE COVERED
UNDER SECTION FIFTY ONE POINT.
NINE THIS SECTION ESTABLISHES
CIVIL LIABILITY FOR SEXUAL
HARASSMENT IN BUSINESS
[inaudible]
SERVICE.
OR PROFESSIONAL RELATIONSHIP.
BY EXPLICITLY INCLUDING
INVESTORS ELECTED OFFICIALS
LOBBYIST DIRECTORS AND PRODUCERS
AMONG THOSE LIST.
LISTED PERSONS WHO MAY BE LIABLE
FOR SEXUAL HARASSMENT.
ESPY TWO TO FOUR ADDRESSES THE
UNIQUE RELATIONSHIP THAT EXISTS
BETWEEN INVESTORS AND
ENTREPRENEURS IN THE VENTURE
CAPITAL INDUSTRY.
AS WELL AS THE MORE NUANCED
RELATIONSHIPS THAT MAY EXIST IN
OTHER INDUSTRIES BY INCLUDING
THESE RELATIONSHIPS WITHIN THE
PROVISIONS OF THE UNDER CIVIL
RIGHTS ACT.
IMPORTANTLY IS ISSUES HAVE
EMERGED WE HAVE CONTINUED TO
CRAFTING CONSIDER LANGUAGE TO
ADDRESS EXISTING WEAKNESSES IN
OUR LAW.
IN TODAY'S AUTHORS AMENDMENTS
WERE MOVING FOR FORWARD WITH
ANTI RETALIATION LANGUAGE.
TRULY AN ADEQUATELY PROTECT
THOSE WHO DO INDEED COME
FORWARD.
ADDITIONALLY WERE INCLUDING
LANGUAGE TO ADDRESS INSTANCES
WHEN PERPETRATORS MISREPRESENT
THEIR PROFESSIONAL CAPACITY.
IN AN ATTEMPT TO COERCE AND
ABUSE VICTIMS FOR EXAMPLE IF THE
DEFENDANT IS AN INVESTOR.
HIS ACTIONS OR CORRECTIONS BUT
MORE LIKELY HIS ACTIONS ARE
COVERED UNDER THIS LAW IF HE
HOLDS HIMSELF OUT AS BEING ABLE
TO HELP THE INVESTOR.
ESTABLISH A BUSINESS
RELATIONSHIP WITH HIM OR HIS
COLLEAGUES.
JOINING ME THIS MORNING IS
PAMELA GUEST AN ACTRESS WHO HAS
BEEN BATTLING SEXUAL HARASSMENT
AND SEXUAL ASSAULT IN HOLLYWOOD.
FOR FORTY YEARS BY SPEAKING OUT
ABOUT HER OWN RAPE AT THE HANDS
OF A SINGER SONGWRITER IN THE
EARLY NINETEEN SEVENTIES.
WITHOUT I WOULD RESPECTFULLY ASK
FOR YOUR ARRIVAL.
THANK YOU CENTER AND TO BE CLEAR
THEIR NUMBER OF PROPOSED AUTHORS
AMENDMENTS ON PAGE FIVE OF THAT
IS SO THAT WAS YOU'VE REFERRED
THOSE YES YOU'RE TAKING.
THANK YOU. FOR STUDENTS PLACE
[inaudible]
GOOD MORNING.
THANK YOU MISTER CHAIR AND
MEMBERS OF THE COMMITTEE.
MY NAME IS PAMELA GUEST I'VE
WORKED IN THE ENTERTAINMENT
INDUSTRY AS AN ACTRESS.
A CASTING DIRECTOR AND CASTING
EXECUTIVE AND AM NOW AN AWARD
WINNING WINNING FILMMAKER.
I CURRENTLY SIT ON THE NATIONAL
IN LOS ANGELES BOARDS OF SAG
AFTRA THE LARGEST UNION OF
PERFORMERS IN THE WORLD WHICH
WAS HAS WRITTEN TO YOU IN
SUPPORT OF SB.
TWO TO FOUR I'M HERE TODAY TO
SHARE MY STORY WITH YOU.
IN THE HOPES THAT IT WILL HELP
ILLUMINATE Y. LEGISLATION LIKE
S. B. TWO TO FORT PROTECT
PROTECT VICTIMS OF SEXUAL
HARASSMENT.
AND ASSAULT IS SO IMPORTANT.
GROWING UP IN RURAL OHIO I
ALWAYS DREAMED OF BEING A
GLAMOROUS ACTRESS.
AS A FIRST STEP I WAS GIVEN A
SCHOLARSHIP TO ATTEND A TOP
UNIVERSITY AND WHILE THERE WAS
ACTIVE IN EVERYTHING FROM
GOVERNING THE COLLEGE TO
PERFORMING IN THEATER AND FILM.
AND EVEN STARTING MY OWN THEATRE
COMPANY.
A DRAMA MAJOR AND A DANCE MINOR
I DANCED EVERYDAY JOYFULLY
EXPRESSING MYSELF.
DURING MY SENIOR YEAR IN COLLEGE
WHEN I WAS JUST TWENTY ONE I
CAME ACROSS A NOTICE ON A SCHOOL
BULLETIN BOARD THAT THE DIRECTOR
OF A FEATURE FILM WAS IN TOWN.
TO AUDITION COMEDIC ACTRESSES MY
SPECIALTY.
MY HANDS SHOOK AS I CALLED THE
NUMBER FROM THE PAY PHONE IN MY
DORM HALLWAY.
I JUST KNEW THAT THIS WAS THE
FIRST STEP TOWARD ACHIEVING
HOLLYWOOD ASPIRATIONS I WAS SO
EXCITED.
A FRIENDLY WOMAN ON THE PHONE
INSTRUCTED ME TO DRIVE TO REMOTE
TOWNHOUSE OUTSIDE CAMPUS WHICH I
DID THE NEXT DAY.
SHE GREETED ME AT THE FRONT DOOR
THEN QUICKLY LEFT AFTER SHE
RELIEVED ME OF MY JACKET AND
CURSE STOWING THEM SOMEWHERE I
TO MY SITE AND LEAVING ME ALONE
WAITING FOR THE DIRECTOR.
HE USHERED ME INTO A SMALL ROOM
UPSTAIRS THE CONTAINED A CAMERA.
ON A TRIPOD AND THE MATTRESS ON
THE FLOOR.
THERE WERE A LOT OF MATTRESSES
ON THE FLOOR IN THE SEVENTIES SO
I THOUGHT NOTHING OF IT.
HE BRAGGED ABOUT HIS SUCCESS IN
NEW YORK IS A JINGLE WRITER FOR
COMMERCIALS AND ASKED ME TO READ
A SCENE FROM THE DOG EARED
SCRIPT HE HANDED ME WHILE HE
FILMED MY AUDITION FROM BEHIND
THE CAMERA.
HE THEN ASKED ME TO REMOVE MY
GLASSES BECAUSE HE SAID THEY
WERE CAUSING A GLARE.
I COULD STILL READ BUT EXTREMELY
BUT BEING EXTREMELY NEARSIGHTED
EVERYTHING IN THE ROOM INCLUDING
HIM WAS FUZZY AND INDISTINCT.
I GAVE THE SAME MY ALL AND HE
TOLD ME I'VE GOT IT.
AND THEN HE ASKED ME TO TAKE OFF
MY CLOTHES FOR THE LOVE SCENE
THAT WAS NEXT. TO PROVE MY
PROFESSIONALISM.
I MEEKLY ARGUED WITH HIM A
LITTLE BUT I WANTED TO PROVE
THAT I COULD BE A PROFESSIONAL
ACTRESS WHO TO THE DEMANDS OF
THE ROLE SERIOUSLY.
AND WOULDN'T BE A PROBLEM ON SET
[inaudible]
LOOKING BACK
MAYBE I SHOULD HAVE BEEN
SUSPICIOUS BUT I TRUSTED HIS
EXPERIENCE AND SUCCESS HAVING NO
ADDITION ING EXPERIENCE MYSELF
IN THE PROFESSIONAL WORLD.
I RELUCTANTLY TOOK MY CLOTHES
OFF.
AND HE PUT THEM SOMEWHERE I
COULDN'T SEE.
I CONTINUED READING FROM THE
SCRIPT.
THEN I HEARD THE DISTINCT SOUND
OF HIS ZIPPER BEING UNDONE AND
SAW THROUGH THE FOG OF MY BAD
EYESIGHT HIM ADVANCING TOWARDS
ME.
HE PINNED ME DOWN ON THE
MATTRESS AND I FROZE FEELING
COMPLETELY ALONE AND TERRIFIED.
I SOBBED HYSTERICALLY AS HE
RAPED ME.
AFTERWARDS HE COULD UNDERSTAND
WHY I WAS SO UPSET TELLING ME
THAT I'D DONE A GREAT JOB AND I
WAS A STRONG CONTENDER TO WIN
THE ROLE.
WELL I WAS ALTERED MY WORLD
COMPLETELY SHATTERED.
FEAR AND DISTRUST OF LIFE ITSELF
BECAME EMBEDDED INTO MY VERY
SOUL.
I BLAME MYSELF FOR WHAT HE HAS
DONE TO ME THINKING THAT IT WAS
MY FAULT.
I KILLED MY THREE BEST FRIENDS
AND NO ONE ELSE. FOR YEARS I
REPRESS THE EXPERIENCE BUT IT
HAD UNDENIABLE AFFECTS ON MY
CAREER AND PERSONAL LIFE.
I STOP DANCING WITHOUT KNOWING
IT I FELL APART IN AUDITIONS BUT
I COULDN'T FIGURE OUT WHY.
I DIDN'T BELIEVE IN MYSELF FOR A
LONG PERIOD OF TIME I NEVER GAVE
UP ON MY DREAM OF BEING AN
ACTRESS BUT I COULD ONLY HALF
HEARTEDLY PURSUED IT.
I WAS SO AFRAID YEARS OF
TRAINING AND EFFORT WERE
UNDERMINED BY THIS ONE EVENT.
I ULTIMATELY CONTINUED ON IN THE
ENTERTAINMENT INDUSTRY AS A
CASTING DIRECTOR.
FINDING SAFETY AND A PURPOSE
BEHIND MY DESK IN TWO THOUSAND
THIRTEEN I CAME ACROSS AN
ARTICLE.
ABOUT AN OSCAR WINNING SONG
WRITER AND DIRECTOR WOULD KILL
HIMSELF WHILE AWAITING TRIAL FOR
RAPING YOUNG ACTRESSES AT
PHONING AUDITIONS IN NEW YORK
CITY.
LIKE A BLACK AND WHITE PHOTO
DEVELOPING I BEGAN TO SEE THE
SIMILARITIES BETWEEN THE MAN'S
METHODS AND THOSE OF THE MAN WHO
RAPED ME.
WHEN I SAW HIS PHOTO A VIOLENT
PHYSICAL REACTION COURSE THROUGH
MY BODY ALMOST FORTY YEARS
LATER?
I KNEW I WAS LOOKING AT THE FACE
OF MY RAPIST.
AFTER LEARNING WHO HE REALLY WAS
A SERIAL RAPIST I WAS RELEASED
RELEASED FROM MY SELF IMPOSED
PRISON OF SHAME.
I FINALLY REALIZE THAT WHAT HAD
HAPPENED TO ME WAS NOT MY FAULT.
BUT I ALSO FELT IMMEASURABLY SAD
FOR HIS DOZENS OF OTHER VICTIMS
AN ANGRY THAT HE WAS NEVER
BROUGHT TO JUSTICE.
SO I BEGAN TO SPEAK OUT GOT MY
LIFE AND RIGHTFUL CAREER BACK.
MY STORY TRAGICALLY IS NOT
UNIQUE OR UNCOMMON IN THE
ENTERTAINMENT INDUSTRY OR IN
NEARLY ANY INDUSTRY.
ACROSS FIELDS AND CIRCUMSTANCES
PEOPLE IN POSITIONS OF POWER
TAKE ADVANTAGE OF THOSE THEY ARE
THERE TO MENTOR HELP AND
ENCOURAGE IN THEIR CAREERS.
THEY TAKE ADVANTAGE OF PEOPLE
WHO ARE TRUSTING AND VULNERABLE
LIKE I WAS IN MY EARLY TWENTIES.
THESE PREDATORS MUST BE HELD
RESPONSIBLE AND NO LONGER ABLE
TO CONTINUE THEIR X. POTATO
BEHAVIOR UNCHALLENGED LIKE MY
ATTACKER WAS ABLE TO DO.
I AM HONORED TO BE ABLE TO USED.
MY PLATFORM TO SPEAK UP FOR
MYSELF AND OTHER VICTIMS OF
SEXUAL HARASSMENT AND VIOLENCE
[inaudible]
THANK YOU.
THANK YOU NEXT WITNESS PLEASE
AND IF YOU LIMIT YOURSELF TO A
COUPLE MINUTES AND I WOULD
APPRECIATE THE MORNING MISTER
CHAIR MEMBERS OF THE COMMITTEE
MY NAME IS JESSICA STENDER AND
I'M SENIOR COUNSEL FOR WORKPLACE
JUSTICE AND PUBLIC POLICY EQUAL
RIGHTS ADVOCATES.
WERE PROUD TO CO SPONSOR S. B.
TWO TO FOUR FOR TOO LONG AND TOO
MANY INDUSTRIES THE EXISTENCE OF
UNEQUAL POWER DYNAMICS IN
CERTAIN PROFESSIONAL
RELATIONSHIPS HAVE ALLOWED
SEXUAL HARASSMENT OF VIOLENCE TO
RUN RAMPANT AND CHECKED.
YOU'VE HEARD EXPLICITLY HOW THIS
IS ACCORDING HOLLYWOOD IN HERE
FROM WOMEN IN HOLLYWOOD ALL THE
TIME ABOUT HOW DIRECTORS AND
PRODUCERS AND EXECUTIVES USE
THEIR THEIR POWER TO OUT TO
FORCE WOMEN AND OTHERS TO TO
SUCCUMB TO SEXUAL ADVANCES.
IN THE TECHNOLOGY INDUSTRY AND
SILICON VALLEY ALSO YOUNG
ENTREPRENEURS SEEK FUNDING FOR
THEIR COMPANIES FROM OLDER MORE
EXPERIENCED AND ALMOST ALWAYS
MAIL VENTURE CAPITALISTS
INVESTORS.
YOUNG WOMEN IN THIS POSITION ARE
OFTEN SEXY PROPOSITION HARASSED
TO DISCRIMINATE AGAINST BUT ON
IT ARE UNABLE OR UNWILLING TO
SPEAK UP OR FIGHT BACK BECAUSE
THEIR HARASSERS ARE THE
GATEKEEPERS THEIR SUCCESS. ONE
FEMALE ENTREPRENEUR WHO WAS
REPEATEDLY GROPED AND KISSED BY
AN INVESTOR IN HER START UP
COMMENTED OF OF HIS BEHAVIOR
QUOTE I FELT LIKE I HAD TO
TOLERATE IT BECAUSE THIS IS THE
COST OF BEING A NON WHITE FEMALE
FOUNDER.
THESE WOMEN DESERVE AN
OPPORTUNITY TO HOLD THAT THEIR
ABUSERS ACCOUNTABLE WITHOUT
HAVING TO SACRIFICE THEIR CAREER
AMBITIONS.
OF COURSE WE SEEN THIS
PHENOMENON SACRAMENTO AS WELL WE
SEEN IMPORTANT PROGRESS ON THIS
--
FRONT IN WITHIN THE LEGISLATURE
BUT IT'S IMPORTANT TO HAVE THIS
BILL THE NEXT IMPORTANT STEP TO
CLARIFY THAT THESE THAT
HARASSMENT WITHIN THESE
PROFESSIONAL RELATIONSHIPS IS
UNLAWFUL AND TO CLARIFY THAT THE
VICTIM DOES NOT NEED TO SHOW
THAT SHE COULD HAVE.
EASILY TERMINATED THE
RELATIONSHIP WE DON'T PUT --
TO STOP THIS KIND OF UNLAWFUL
BEHAVIOR --
FOR THOSE REASONS WE STRONGLY
SUPPORT THIS BILL AND MERGER AYE
VOTE THANK YOU THANK YOU.
OTHERS IN SUPPORT FIGURE YOUR
NAME AND AFFILIATION.
SEAMUS WITH GROWING ON BEHALF OF
THE AMERICAN ASSOCIATION OF
UNIVERSITY WOMEN CALIFORNIANS
SUPPORT.
BREAK A YOSHIHARA WITH THE
CALIFORNIA PLUMMET LAWYERS
ASSOCIATION PARTICLES BONTA THE
SPELL STRONGLY URGE YOUR
SUPPORT.
I MEAN ATTACK OR THE CONSUMER
ATTORNEYS OF CALIFORNIANS
SUPPORT.
MATT BROUGHT ON BEHALF TO SAG
AFTER AND TEAMSTERS IN SUPPORT
THANK YOU.
SYLVIA'S ALICIA BEHALF THE
CALIFORNIA FACULTY ASSOCIATION
IN SUPPORT.
THANK YOU YOU KNOW NELSON
SUPPORTS.
RIGHT SEE KNOWN AS THEIR
OPPOSITION.
SEEING NONE BRING BACK TO
COMMITTEE QUESTIONS COMMENTS
MISTER KALRA THANK YOU SURE
THANK YOU SENATOR --
MOVED FOR YOUR WORK AND THE WORK
OF OTHER COLLEAGUES I KNOW THAT
ARE PUTTING FOR REALLY
IMPORTANT.
LEGISLATION AND THANK YOU FOR
YOUR COURAGE IN TELLING YOUR
STORY -- I
I'M ALWAYS ASTOUNDED AND OUT
HAVE SO MUCH RESPECT FOR THOSE
THAT ARE WILLING TO COME
FORWARD.
TO IT TO TALK ABOUT SOMETHING SO
PERSONAL AND SO TRAGIC AND IN SO
MANY WAYS.
I THINK THAT AS WAS MENTIONED --
YOU KNOW THIS IS AN AWAKENING A
CHANGE THAT IS SO IMPORTANT --
WHETHER IT'S IN HOLLYWOOD --
OR WHETHER IT'S AN INTERN IN THE
CAPITAL OR ITS IN TECH OR IT'S A
JANITOR OR A HOTEL WORKER.
WE'RE SEEING TIME AND AGAIN --
HOW FOR DECADES I'M AND FROM THE
FOR THE MOST PART WOMEN IN SOME
CASES MEN --
HAVE HAD JUST BEEN SHUT DOWN AND
HAVE FELT LIKE THERE'S NOWHERE
TO GO.
AND SO I WANT TO THANK YOU I'M
ALL FOR CONTINUING ON THIS
JOURNEY THAT WERE ALL ON ME TO
MAKE IT VERY CLEAR --
THAT WHETHER IT'S A EUPHEMISM
LIKE A CASTING COUCH OR ANYTHING
ELSE THAT IS UNACCEPTABLE AURA
BLUNDERS DINNER OR WHATEVER IT
MIGHT BE THAT THAT IT'S NOT
ACCEPTABLE AT ALL ANYMORE.
ARM THAT TO A MAN HAVE JUST AS
MUCH RESPONSIBILITY.
THAT NOT MORE IN SOME CASES OF
AND IN THIS CULTURE.
UP BUT I THINK THAT DUBBED THE
LEGISLATION IS SO NECESSARY
BECAUSE OF THAT THE MARKET.
LICCARDO SOME BUT IT IS THE
MARKET OR THE INDUSTRY SO
WHETHER IT'S TECH WHETHER IT'S
HOLLYWOOD WHETHER IT'S THAT.
THE POLITICAL.
COMPANY.
BUT I'M ESTABLISHMENT AB THEY'RE
NOT FIXING IT ON THEIR OWN AND
AND SO IT TAKES THE COURAGE OF
THOSE A STEP FORWARD TO SAY
ENOUGH IS ENOUGH.
AND AND AND COLLEAGUES LIKE
SENATOR JACKSON TO COME FORWARD
--
AS WELL AS OTHERS --
THAT HAVE BEEN COMING FORWARD ON
A ON A WIDE RANGE OF BILLS --
AND SO FULLY SUPPORTED --
FOR BUT FOR BEING ONE OF THE THE
LEADERS IN THE BUILDING IN
MAKING SURE THAT VOICES ARE
HEARD AND THAT.
AND THAT WE HAVE A REAL CHANGE
NOT JUST SUB SYMBOLIC CHANGE SO
WITH THAT HAD BEEN MOVED BILL.
THANK YOU WE DO HAVE A MOTION
AND A SECOND OTHER QUESTIONS
COMMENTS FROM COMMITTEE MEMBERS
[inaudible]
ALRIGHT.
CNN SATRDAY MIKLOS THANK YOU
AND I JUST WANT TO SHARE WITH
YOU THAT THE THAT THE STATEMENT
WE CHOSE*.
WAS A REPLICATED SEVERAL TIMES
AT A MEETING THAT I ATTENDED
WITH A NUMBER OF THE WOMEN WHO
ARE MEMBERS OF SAKON AFTER.
THIS HAS BEEN A LONG STANDING
PROBLEM [inaudible]
AND I THE IT IN THAT WORLD IN
OUR OWN WORLD --
IN THE INVESTOR WORLD AND ARE I
WOULD LIKE TO JUST --
REPEAT FACT THIS IS A MAN HAVE A
RESPONSIBILITY HERE.
AND THIS POWER IMBALANCE HAS
BEEN TAKEN ADVANTAGE OF A
PARTICULARLY WITH THE YOUNG
WOMEN WHO ARE NAIVE WHO ARE IN
EXPERIENCED --
WHO ARE AFRAID?
OF AND WE NEED TO RECOGNIZE THAT
THIS KIND OF DEHUMANIZING AND
HUMILIATING BEHAVIOR HAS GOT TO
STOP.
AND IT HAS TO STOP WITH THE
PERPETRATORS TAKING
RESPONSIBILITY FOR THIS.
THAT'S WHAT THIS BILL DOES IT
ADDS TO AN EXISTING THE CHIP
UNDER A CIVIL RIGHTS ACT HAS
BEEN IN LAW FOR DECADES.
IT IS TIME WE STEP UP HERE AND
TAKE RESPONSIBILITY I AS A
LEGISLATOR A LEGISLATURE.
OUT WHEN IT COMES TO POLICY AND
PRIORITIES AND VALUES AND THIS
IS ONE OF THOSE INSTANCES WHERE
WE REALLY DO NEED TO DO SO AND I
WOULD THEREFORE PURGE DRIVE.
THANK YOU YOU HAVE A MOTION IT
IS DO PASS AS AMENDED CALL THE
ROLL PLEASE STONE AYE STONE AYE
CUNNINGHAM.
CUNNINGHAM I. CHOW.
CHOW I CHIU HOLDEN KALRA KALRA
AYE KILEY.
KILEY AYE MAIENSCHEIN REYES.
REYES AYE GONZALEZ FLETCHER
GONZALEZ FLETCHER AYE.
THAT BILLS OUTLETS THANK YOU
VERY MUCH MISTER CHAIRMAN RIGHT
SENATOR DODD ITEM NUMBER SEVEN
S. B.
.
NINE SIXTY NINE THANK YOU MISTER
CHAIRMAN MEMBERS.
S. B. NINE SIX NINE IT'S AN
IMPORTANT SAFETY MEASURE THAT
WOULD PROVIDE QUICKER AND SAFER
EVACUATION DURING DISASTERS ONE
ELECTRICAL POWER IS LOST.
S. B. NINE SIX NINE REQUIRES
RESIDENTIAL GARAGE DOOR OPENERS.
MANY PACKS FOR THE SALE OR
INSTALLATION IN CALIFORNIA ON OR
AFTER JULY FIRST TWO THOUSAND
NINETEEN TO HAVE A BATTERY
BACKUP.
THAT IS DESIGNED OPERATE DURING
ELECTRICAL OUTAGE WHILE OUR
MEDICAL RAJ DOOR OPENERS WITH
BACKUP BATTERIES ARE ALREADY
WHILE --
WIDELY AVAILABLE AT SIMILAR
COSTA UNITS WITHOUT BATTERY
BACKUPS --
MANY HOMEOWNERS DO NOT REALIZE
THE IMPORTANCE OF THE SAFETY
FEATURE BEFORE A DISASTER
STRIKES.
FRANKLY I WAS ONE OF THOSE
PEOPLE.
I THANKS THE HELP OF A NEIGHBOR
I'D LIFTING OUT MY DOOR AT THE
END OF THE DAY WE WERE ABLE.
TO EVACUATE SAFELY BUT SADLY MY
BUT MY EXPERIENCE IN THE POT IN
THE FIRES WAS NOT UNIQUE --
THERE WERE NUMEROUS STORIES
ABOUT PEOPLE WHO DIED IN THEIR
GARAGES OR HAD TO RELY ON
EMERGENCY PERSONNEL WERE
NEIGHBORS TO EVACUATE ITS FLAMES
BURNED.
ENTIRE NEIGHBORHOODS WITH LITTLE
WARNING FOR SENIORS PERSONS WITH
DISABILITIES OR ANY INDIVIDUAL
UNABLE TO MANUALLY LEFT THE
GARAGE DOOR A BATTERY --
BACKUP PROVIDES A DID ADDED
DEGREE OF SAFETY TO HELP
RESIDENTS ESCAPE FROM IMPENDING
DISASTERS MOVE MORE QUICKLY HERE
WITH ME TODAY AND SUPPORTS
MORGAN CARVAJAL ON BEHALF OF THE
BILL SPONSORED THE CONSUMER
FEDERATION [inaudible]
CALIFORNIA.
GOOD AFTERNOON MORNINGS ARE HALL
MOURN CARVALLO THIRD AND THE
STARTED YOUR GRIP ON BEHALF OF
THE CONSUMER FEDERATION OF
CALIFORNIA'S SPONSORS OF THIS
IMPORTANT LEGISLATION --
I WANT TO THANK US AND THEIR DOG
SENATOR DODD AND YOUR COMMITTEE
FOR THAT GREAT WORK THAT THEY'VE
DONE ON THIS.
ANALYSIS --
S. B. NINE SIX NINE REALLY HELPS
TO ENSURE THAT CALIFORNIANS --
CALIFORNIAN RESIDENTS CAN SAFELY
EVACUATE THEIR THEIR THEIR HOMES
DURING A PLANNED AROUND PLANNED
EVACUATION --
AS SENATOR DODD WAS RD STATING
THAT DURING THE WILD FIRES AND
NORTHERN CALIFORNIA SEVERAL
RESIDENTS WE HEARD SEVERAL
STORIES FROM RESIDENTS AND MEDIA
REPORTS THAT.
I'VE RESIDENTS WHO ARE STUCK IN
THEIR GARAGE DOORS ON TIGHTLY
FIVE RESIDENTS WHO PERISHED IN
THEIR GARAGES DOT LOCKED IN
THEIR IN THEIR CARS.
AND SEVERAL OTHERS WHO HAD
WRITTEN TYPE OR AND HELP OF
NEIGHBORS --
OR OR FOLKS PASSING BY OR ON
PUBLIC SAFETY OFFICERS DURING
THAT EVACUATION WE STRONGLY URGE
YOUR SUPPORT OF THIS BILL AND
AND HERE DIED ANSWERING
QUESTIONS [inaudible]
THANK YOU.
I DON'T.
LIKE TO SPEAK IN SUPPORT.
MISTER CHAIRMAN MEMBERS SYLVIA
SOLELY SHAUN BEHALF OF THE BOARD
OF SUPERVISORS FOR THE COUNTIES
OF CINEMA NAPA AND SOLANO
COUNTIES.
OWN STRONG SUPPORT OF THIS
PUBLIC SAFETY MEASURE THINKING.
GERMAN MEMBERS MIKE MONTGOMERY
CONGRESS OF CALIFORNIA SENIORS
WE SUPPORT THE BILL.
GOOD MORNING MISTER CHAIRMAN
FIRST CARE ALSO BEHALF THE CITY
OF SANTA ROSA IN SUPPORT OF THE
BILL.
THANK YOU ANYONE ELSE IN
SUPPORT.
RIGHT SAY KNOWN AS THEIR
OPPOSITION.
SINGH NANDA BRING IT BACK TO
COMMITTEE QUESTIONS COMMENTS.
WE DO HAVE A MOTION AND A SECOND
THANK YOU.
SENATOR YOU MAY CLOSE YES MISS
CHAIR OF THIS BILL IS ENJOYED
UNANIMOUS SUPPORT SO FAR IT
RESPECTFULLY ASK ARRIVED.
THANK YOU WE DO HAVE A MOTION TO
SECOND THE MOTION IS DO PASS
COLOR OAKLEY STONE BY STONE AYE
CUNNINGHAM.
CUNNINGHAM I CHAO.
CHAU I CHIU HOLDEN KALRA.
KALRA AYE KILEY.
KILEY AYE MAIENSCHEIN REYES.
REYES AYE GONZALEZ FLETCHER.
GONZALEZ FLETCHER AYE.
THE BILL IS OUT.
THANK YOU EXIST CHAIRMAN
MEMBERS.
YES SO SINCE WE'RE WAITING ON
SOME SENATORS LET'S GO THROUGH
WHERE WE DON'T HAVE MOTIONS THE
FIRST.
ONE WOULD BE ITEM NUMBER.
FIVE S. B. EIGHT TWENTY BY
SENATOR LEYVA.
THERE'S A MOTION AND THERE'S A
SECOND THAT MOTION IS DO PATHS
CALL THE ROLL PLEASE.
STONE AYE STONE AYE CUNNINGHAM
[inaudible]
CUNNINGHAM NO [inaudible]
CHAU.
CHAU AYE CHIU.
HOLDEN.
KALRA.
KALRA AYE KILEY.
KILEY NO MAIENSCHEIN REYES.
REYES AYE GONZALEZ FLETCHER.
GONZALEZ FLETCHER AYE.
THATNEEDS ONE MORE WORK IN A
PLACE THAT ON CALL.
NEXT ITEM I NEED A MOTION FOR IS
ITEM NUMBER NINE S. B. TEN
SIXTEEN BY SENATOR ALLEN.
THE MOTION AND A SECOND THE
MOTION IS DO PASS CALL THE ROLL
PLEASE STONE BY STONE AYE
CUNNINGHAM.
CUNNINGHAM AYE CHAU.
CHAU AYE CHIU.
HOLDEN KALRA.
KALRA AYE KILEY.
KILEY AYE MAIENSCHEIN REYES.
REYES I GONZALEZ FLETCHER
GONZALEZ FLETCHER AYE.
THAT BILL IS ADDS ITEM NUMBER
TEN S. B. TEN THIRTY EIGHT BY
SENATOR LEYVA.
THE MOTION AND A SECOND THE
MOTION IS TO PASS CALL THE ROLL
PLEASE.
STONE BY STONE AYE CUNNINGHAM.
CUNNINGHAM NO CHOW.
CHOW I CHIU HOLDEN.
KALRA.
KALRA AYE KILEY [inaudible]
MAIENSCHEIN [inaudible]
REYES.
REYES AYE GONZALEZ FLETCHER
GONZALEZ FLETCHER AYE.
THAT MEANS ONE OF WHEN A PLACE
THAT BILL ON CALL.
ITEM NUMBER ELEVEN S. B. ELEVEN
TWENTY SEVEN BY SENATOR HILL.
THANK YOU THAT WE DO HAVE A
MOTION AND A SECOND MOTION IS DO
PASS CALL THE ROLL PLEASE.
STONE AYE STONE AYE CUNNINGHAM.
CUNNINGHAM NO SHADOW.
CHAU AYE CHIU HOLDEN KALRA.
KALRA AYE KILEY [inaudible]
MAIENSCHEIN.
KILEY NO MAIENSCHEIN REYES.
REYES I'VE GONZALEZ FLETCHER.
GONZALEZ FLETCHER AYE
[inaudible]
STILL ON SO THAT BILL IS ON
CALL.
ITEM NUMBER TWELVE S. B. ELEVEN
TWENTY EIGHT ROTH.
I NEED A MOTION PLEASE.
THERE'S A MOTION AND A SECOND
THAT MOTION IS TO PASS AS
AMENDED CALL THE ROLL PLEASE.
STONE BY STONE AYE CUNNINGHAM.
CHAU.
CHAO AYE CHIU HOLDEN KALRA.
KALRA AYE KILEY [inaudible]
MAIENSCHEIN REYES.
REYES I GONZALEZ FLETCHER AND
ALSO TRY.
THAT BILL IS ON CALL.
IT NEEDS ONE VOTE.
I'M LOOKING FOR ROAD MOTION THEN
ON S. B. ELEVEN TWENTY NINE BY
SENATOR MONEY.
THERE'S A MOTION SIR SECOND.
POSTED A SECOND THAT MOTION IS
TO PASS AS AMENDED CALL THE ROLL
PLEASE STONE BY STONE AYE
CUNNINGHAM.
CHAU.
CHOW AYE CHIU [inaudible]
HOLDEN KALRA.
KALRA AYE KILEY.
KILEY I MAIENSCHEIN REYES.
REYES ARE GONZALEZ FLETCHER.
GONZALEZ FLETCHER AYE.
THAT BILL IS OUT.
AND I'LL TAKE A MOTION ON ITEM
NUMBER SIXTEEN S. C. ARE NINETY
ONE BY SENATOR ROTH.
WE DO HAVE A MOTION AND A SECOND
THAT.
MOTION IS THAT THE RESOLUTION BE
ADOPTED AND THEN REFER TO
APPROPRIATIONS KALRA PLEASE
STONE BY STONE AYE CUNNINGHAM.
CUNNINGHAM AYE CHAU.
CHAU AYE CHIU HOLDEN.
KALRA.
KALRA AYE KILEY.
KILEY AYE MAIENSCHEIN REYES.
REYES AYE GONZALEZ FLETCHER.
ADULTS WHICH I THAT ITEM IS OUT
THAT TAKES US TO ITEM NUMBER
FIFTEEN SENATOR MCGUIRE.
S. B..
FOURTEEN FIFTY THREE AND YOU
ASKED TO HAVE A VISUAL A LASSIE
PUT THAT VISUAL SOMEPLACE WHERE
IT'S NOT GOING TO BLOCK
[inaudible]
AUDIENCE BICU
.
OKAY ITEM NUMBER. TEN IS UNCLE
I'M GOING TO LIFT THE CALL
[inaudible] FOR MEMBERS EITHER
CHANGE VOTE OR ADD [inaudible]
CUNNINGHAM VOTE.
CUNNINGHAM NOTAR I CHU HOLDEN
KILEY.
KILEY AYE MAIENSCHEIN.
SO THAT IS ITEM NUMBER TEN SP
TEN THIRTY EIGHT THAT BILL IS
PATENTS.
ALRIGHT THANK YOU SENATOR
HANDBOOK OF A DOING HAPPY
FOURTH.
ADD MORE MISTER CHAIR AND
MEMBERS THANK YOU SO MUCH FOR
ALLOW ME TO BE HERE TODAY IT'S
GOOD TO SEE EVERYONE OR TAKE A
MOMENT TO SAY THANK YOU TO THE
CHAIR AND VERY CAPABLE STAFF FOR
ALL THEIR WORK.
ON THIS MEASURE --
AND IN TO BE ACCEPTING THE
COMMITTEES IN THEM TO CLARIFY
THIS BILL APPLIES UPON DISCOVERY
VIOLATIONS THOUGHT BY CAL FIRE
THANK YOU SO MUCH MISTER CHAIR
AGAIN FOR ALL OF THEIR EFFORT OF
THIS.
TICKET EDITOR --
MEMBERS ILLEGAL TIMBER LINCOLN
VERSION --
VIOLATIONS HAVE JUMPED OVER
2100% SINCE THE PASSAGE OF THE
MEDICAL MARIJUANA REGULATION
SAFETY ACT OF TWO THOUSAND
FIFTEEN RISING FROM JUST THIRTY
IN.
TWO THOUSAND FIFTY IN OVER THE
LAST TWENTY YEARS TENS OF
THOUSANDS OF ACRES OF CALIFORNIA
FORCE THING HAD BEEN ILLEGALLY
CONVERTED.
THIS REPREHENSIBLE ACTION --
HAS POLLUTED PRISTINE WATERSHEDS
THREATEN DRINKING WATER SUPPLIES
I KILLED COUNTLESS WILDLIFE SUCH
AS BEARS NOT LINES AND BIRDS AND
IS PUSHING.
THE RARE FOR SPACE MOM BEAR LIKE
MAMMAL THE FISHER TO EXTINCTION
DUE TO ILLEGAL RODENTICIDE SUSAN
SEVERAL THESE GROSS SIZE.
THESE ILLEGAL CONVERSIONS ARE
HARMING CALIFORNIA'S PRISTINE
PORCELAIN WHICH DAMAGES
IMPORTANT HABITAT ARE RESTRAINED
BY WILDFIRES INSURANCE
CALIFORNIA'S LARGEST CARBON
SINKS.
AND YOU'LL SEE MEMBERS SAT TO MY
LEFT EYE IN THE BACK BY IS A
PERFECT EXAMPLE OF A TYPICAL.
A LEGAL CONVERSION YOU WILL HAVE
A STREAM THAT IS DIVERTED --
TREES THAT ARE ARE CLEARED
WITHOUT PERMIT AYE IN A LEGAL
STRUCTURES ALSO PUT UP.
THE FORCE PRACTICE ACT WAS
ENACTED NINETEEN SEVENTY THREE
TO ENSURE THAT LOGGING IS DONE
IN A MANNER THAT WILL PRESERVE
AND PROTECT.
FISH WILDLIFE FORCE INSTREAM
BROADBAND SING TIMBER CUTS IN
CALIFORNIA'S FORCED.
THE TIMBER INDUSTRY IS COMPLY
WITH THESE RULES AND REGULATIONS
BUT NOW ARE FOR SPACE A NEW
THREAT ROW CANNABIS GROWS A IN
THIS LEGISLATURE NEEDS TO ACT.
CAL FIRE HAS BEEN DEALING WITH A
SHARP INCREASE IN FORCE TO
PRACTICE ACT VIOLATIONS FROM
ILLEGAL CONVERSION OF TIMBERLANE
FOR CANNABIS CULTIVATION
OPERATIONS OVER THE LAST SEVERAL
YEARS.
AND IN ORDER FOR CAL FIRE TO
INVESTIGATE WELL CANNABIS GROWS
COMPLETELY AREN'T SP FOURTEEN
FIFTY THREE EXTENSIVE STATUTE OF
LIMITATIONS FOR ILLEGAL
CONVERSIONS.
THE BILL ALSO ALLOWS THE CAUSE
OF ACTION TO OCCUR UPON
DISCOVERY OF THE VIOLATION
VERSES THAT THE CONVERT WIN THE
CONVERSION TAKES PLACE.
A CRITICAL CHANGE THAT WILL
ASSIST IN PROSECUTING THESE
OFFENSES.
AT THE CURRENT STATUTE
LIMITATIONS TRULY MAKES IT
EXTREMELY DIFFICULT FOR CAL FIRE
INSPECTORS TO BECOME AWARE OF A
POTENTIAL VIOLATIONS
INVESTIGATED PREPARE REPORT.
AND THEN REFERRED THE MATTER TO
A DISTRICT ATTORNEY OR THE
ATTORNEY GENERAL'S OFFICE SO
THAT THE CIVIL ACTION CONNECT TO
BE FILED IN TIME AND RIGHT NOW
IT'S CURRENTLY WITHIN A TWELVE
MONTH WINDOW.
AT THE INCREASE IS WORK THAT THE
BECAUSE BY RAFFERTY VIOLATIONS
EXASPERATED IS ALREADY EXISTING
CHALLENGE IN THIS IS WHY WE NEED
THIS BILL.
SP FOURTEEN FIFTY THREE WILL
GIVE CAL FIRE INVESTIGATORS AND
PROSECUTORS THE TIME THEY NEED
TO SUCCESSFULLY ADDRESS ILLEGAL
CONVERSIONS.
AND GO AFTER THOSE RESPONSIBLE
FOR THESE TERRIBLE ACTS UNDER
THE SPEED THIS UP AT MISTER
CHAIR IN SAY THIS WITHOUT ACTION
CLEAR VIOLATIONS WILL CONTINUE.
IN THE ENFORCEMENT OF THE FORCE
PRACTICE ACT WILL CONTINUE TO BE
UNDERMINED THIS BILL SUPPORTED
BY A BROAD COALITION INCLUDING
THE CALIFORNIA DISTRICT
ATTORNEYS ASSOCIATION WHICH
WE'RE GRATEFUL.
FOR SIERRA CLUB SAVE THE
REDWOODS THE NATURE CONSERVANCY
AND MANY OTHERS.
OUT WE HAVE ALSO RECEIVED A
SUPPORT LETTER FROM CAL FIRE FOR
THE LEGISLATION I HAVE WITH ME
TODAY AND I'M GRATEFUL.
OUT SHAWN HOP IN WITH THE COPPER
DISTRICT ATTORNEYS ASSOCIATION
PAUL MASON WITH THAT THE PACIFIC
FORCE TRUST.
RICHARD THANK YOU SO MUCH AGAIN
FOR ALL THE WORK OF RESPECTFULLY
ASK FOR AN AYE VOTE AT THE
SPECIFIC TIME OF YOUR REQUEST.
THANK YOU IN THIS BILL DOES
ENJOY SUPPORT SUPPORT.
SO FIRST WITNESS PLEASE THANK
YOU MISTER CHAIRMAN MEMBERS
SHAUNA HOFFMAN OF THE CALIFORNIA
DISTRICT ATTORNEYS ASSOCIATION.
UP.
THAT'S IT BELABOR THE POINT THAT
--
CENTER MCGUIRE WAS MAKING THAT
WE HAVE SEEN A TREMENDOUS UPTAKE
IN THESE ILLEGAL TIMBERLAND
CONVERSIONS.
ARE IN RECENT YEARS --
THESE VIOLATIONS USUALLY ARE
TAKING PLACE OUT IN THE OPEN IT
TAKES SOME TIME FOR CAL FIRE TO
DISCOVER THESE.
REFER THEM TO THE APPROPRIATE
PROSECUTING ENTITY THAT ONE YEAR
STATUTE LIMITATIONS ACTS AS AN
IMPEDIMENT TO THE SUCCESSFUL
INVESTIGATION AND PROSECUTION OF
THE SPECIFIC FORCE PRACTICE ACTS
BY WHAT VIOLATIONS --
THIS BILL REALLY ALIGNS THE
STATUTE OF LIMITATIONS FOR THESE
OFFENSES WITH OTHER
ENVIRONMENTAL OFFENSES THAT WE
OFTEN SEE IN CONJUNCTION WITH
THESE ARE ILLEGAL GROWS.
BETTER BE WATER QUALITY CONTROL
ACT VIOLATIONS --
ILLEGAL WATER DIVERSION WATER
POLLUTION STATUTES OF
LIMITATIONS THAT ARE ALSO THREE
YEARS AND A CREW FROM.
THE TIME THAT THE VIOLATIONS
DISCOVERED SOME IN SOME CASES
THIS WILL WHERE YOU HAVE
ANILLEGAL --
TIMBERLAND CONVERSION ALONG WITH
SOME OF THESE OTHER --
VIOLATIONS IT ALLOWS TO PURSUE
[inaudible]
ALL OF CHARGED VIOLATIONS AND
THEN THERE ARE ALSO INSTANCES
WHERE IT IS JUSTIN ILLEGAL
TIMBERLAND CONVERSION.
WHICH UNDER THE CURRENT STATUTE
LIMITATIONS OFTENTIMES WE ARE
UNABLE TO PROSECUTE BECAUSE THAT
ONE YEAR HAS RUN.
US THIS WILL HELP US HOLD THOSE
VIOLATORS ACCOUNTABLE LAST YEAR
I'VE OF THANK YOU EXPLICITLY.
MORNING PAUL MASON PACIFIC
FOREST TRUST I BEFORE I CAME
DOWN HERE SACRAMENTO TO DO
ENVIRONMENTAL ADVOCACY WORK THAT
DID FORCE CONSERVATION ORGAN OR
COAST FOR A NUMBER OF YEARS.
AND YOU KNOW OVER THE NINETEEN
NINETIES AND TWO THOUSANDS MANY
HUGE AMOUNT OF PROGRESS AND
IMPROVING FOREST PRACTICES
SALMON RESTORATION WILL TRYING
TO STEPS LANDSCAPE BACK
TOGETHER.
WE'RE SEEING THAT BE UNDONE AT A
REALLY STAGGERING RATE UNDER%
THIS NEW PRESSURE OF ILLEGAL
CANNABIS CONVERSIONS AND THIS
SITUATION WE SEE ON THE POSTER
BEHIND ME.
IS RAMPANT AND THESE ARE PEOPLE
WHO HAVE NO REGARD FOR ACTUALLY
FOLLOWING THE LAW FOR GETTING
PERMITS ARE GOING OUT INTO THESE
LANDSCAPES WHERE.
WE'RE GETTING A LOT
ENVIRONMENTAL VALUES AND JUST
CARVING THEM UP.
AND IT'S REALLY IMPERATIVE THAT
WE HAVE THE LEGAL RECOURSE. TO
ACTUALLY DO SOMETHING ABOUT IT
ONCE WE FIND THEM BECAUSE THESE
ARE NOT PLACES THE DISK DRIVE BY
THESE ARE AT THE END OF A LONG
DIRT ROAD BEHIND A LOCKED GATE.
THE MAY NOT DISCOVER FOR MONTHS
OR YEARS SO VERY COMMONSENSE
CHANGE --
HAPPENED RIGHT ANY OTHER COMMENT
BUT I THINK IT'S A SUPPORT
SUPPORT RECOMMENDATIONS ALL AND
THERE.
THANK YOU THANK YOU ANYWHERE
ELSE IN SUPPORT.
TEASE ON BEHALF OF SAVE THE
REDWOODS LEAGUE IN THE NATURE
CONSERVANCY IN SUPPORT THINK
YOU.
GOOD MORNING NATALIE MAX ON
BEHALF OF TROUT UNLIMITED IN THE
WILD LANDS CONSERVANCY AND SPORT
THANK YOU.
THANK YOU ANYONE ELSE IN SPORTS.
SEEING NONE IS THERE ANY
OPPOSITION.
ALRIGHT SINGH NANDA BRING IT
BACK TO THE COMMITTEE.
QUESTIONS COMMENTS THERE'S A
MOTION.
AND A SECOND THANK YOU MISTER
KILEY --
GOOD --
AFTER MORNING MORNING STILL
SENATOR -- I
I SEE THERE'S A PROVISION THAT
--
SAYS THAT --
THE CAUSE OF ACTION SHALL BE
DEEMED TOOK PRUDENT OF THIS
GOVERNOR BY THE AGENCY BRING IN
THE ACTION BACKS CONCERT IN THE
GROUNDS COMMENCING THE ACTION.
ON A TIME TO LEARN WHICH I GOT
YOU SEE --
DISCOVERY A WIN IT REASONABLY
SURE. FOR ALL I SOMEONE OF THAT
MIGHT BE A BETTER --
YOU KNOW AS THAT MIGHT BE BETTER
LANGUAGE HERE SO THAT I YOU KNOW
THAT YOU CAN'T KIND OF USE WILL
FOR IT LAWFUL IGNORANCE TO A
PROLONGED THAT.
THE LIMITATION PERIOD.
WOULD WILL DIFFIDENT
EXAGGERATION WHAT WE'RE TRYING
TO BE TO DO IS JUST PUT THIS IN
LINE WITH WHAT CURRENTLY EXISTS.
OUT WITH IN FISH AND WILDLIFE
ADMITTED --
ADMINISTRATIVE RULES IN RAGS --
AND STREAM BRIT STREAMBED
ALTERATIONS SO USING IDENTICAL
LANGUAGE THAT WE CURRENTLY HAVE
WITHIN FISH WILDLIFE BUT WILL
DEATHLY RUN THEN UP THE
FLAGPOLE.
UP WAY IF I CAL FIRE I IN I
WOULD LOVE TO DEFAULT YOUR
OFFICE AND BE ABLE TO GET THAT
SPECIFIC LANGUAGE HERE IS
REFERRING --
TO AND AT WILL RUN THAT CYCLE.
I APPRECIATE THAT THE I THINK
YOU VERY MUCH OF THE POSITIONS.
FURTHER QUESTIONS COMMENTS.
RIGHT SEEING NONE CENTER I THINK
YOU FOR BRINGING THIS FORWARD.
TO ME THIS IS PARDON BEING THE
ACTION VERY FAMILIAR WITH THIS
KIND OF ACTIVITY.
AS WE GET RESOURCES SINCE WE
HAVE LEGALIZE CANNABIS I THINK
OUR FIRST RESPONSIBILITY IS
ENFORCEMENT OF THE ILLEGAL GROWS
ILLEGAL ACTIVITY AND TO ME THIS
BILL FOSTER'S EXACTLY THAT.
WE HAVE TO PUNISH THE BAD ACTORS
CREATE A LEGITIMATE INDUSTRY
THAT WE HAVE SOME SENSE AROUND
IN THIS IS TO ME VERY VERY
IMPORTANT COMPONENTS OF THANK
YOU NOTHING SPECIAL FEATURE.
AND WITHOUT YOU MAY CLOSE WOULD
RESPECT LAST FOR NINE VOTE AND
HOPE EVERYONE HAS A WONDERFUL --
INDEPENDENCE DAY SHOULD BE GOOD.
THE CAR IS READY TO GO FOR THE
PARADE SO AS WE SAY ANYTHING
EVER GO HIGH DAY THANK YOU.
SO THE MOTION WE GIVE THE MOST
IN A SECOND MOTIONS TO PASS AS
AMENDED.
KALRA PLEASE STONE AYE STONE AYE
CUNNINGHAM.
CUNNINGHAM AYE CHAU.
CHU HOLDEN KALRA.
KALRA AYE KILEY.
COULD AYE MAIENSCHEIN REYES.
THERE'S ALSO WATCHER CONVULSED
WHICH I THAT NEEDS ONE MORE SO
WE'RE GOING TO PUT IT ON BECAUSE
I THINK HE'S.
THANK YOU SENATOR SENATOR
HERTZBERG ITEM NUMBER EIGHT SP
[inaudible]
TEN TWELVE WELCOME.
CHAIRMAN AND MEMBERS.
I DO HAVE A MOTION AND THE
SECONDS.
I THINK IT'S SHORT HERE YOU
REPUTATION PRECEDES.
THE UGLY.
VERY QUICKLY GET ON THE WORKING
HARD.
THE BILLS MOVED SECONDED BUT
JUST.
JUDICIAL BRANCH OF GOVERNMENT
HAS VERY LITTLE SUPPORT THEY
DON'T GIVE PELUK GOT DIVISIONS
THEY DON'T WORK ON CAMPAIGNS
EXCEPT FOR THEIR CAMPAIGN TO BE
JUDGES.
AND YET IT'S BEEN MY EXPERIENCE
BEEN THE MOST ONE OF THE MOST
IMPORTANT ASPECTS OF GOVERNMENT
AND PROVIDING JUSTICE TO FOLKS
WHETHER IT'S ON TRAFFIC TICKETS
OR BAIL OR EXPLODED TRIALS.
AND SEWER DOING IN THIS BILL AS
PART OF ONE STEP IN THE LONG
MARCH OF JUSTICE.
IS TO TRY TO MAKE IT EASIER FOR
FOLKS WHO DON'T HAVE A LOT A DOE
IN THEIR POCKET TO TRY CASES AND
SO WE'RE MOVING UP FROM TWENTY
FIVE GRAND THE FIFTY GRAND.
THIS PROCESS OF EXPEDITED
TRIALS.
WE'VE COMMITTED DO WITH THE
EMPLOYMENT LAWYERS TO CONTINUE
TO WORK ON THAT ISSUE WHICH WE
TRY TO FORGET A SOLUTION I KNOW
THE INSURANCE COMPANIES DON'T
LIKE IT BECAUSE THEY'RE SAYING
WELL THERE'S NOT ENOUGH
DISCOVERY.
IN IN IN THE NEXT WITH A TRIAL
BUT IGOR COURT NECESSARY YOUR
HONOR I NEED MORE TIME FOR
WITNESSES WE CAN FIGURE THAT OUT
YOU KNOW THE MAIN.
BUT WE WILL TRY AND IT'S HARD
FOR FOLKS TO AFFORD LAWYERS
WE'RE TOO DAMN EXPENSIVE.
AND SO YOU WANT TO BE ABLE TO
GIVE PEOPLE.
ACCESS TO THE COURTS IT ON THE
ONE HAND YOU CAN EXPEDITED
TRIALS AND AND SOLVE THE
CHALLENGES THEY FACE.
I AND NOT FEEL LIKE GO MY GOD I
GOT A CASE WITH FORTY FIVE
THOUSAND DOLLARS FOR THE LEGAL
FEES EXCEED THAT SO.
ARE YOU KNOW YOU GOTTA WALK AWAY
FROM IT'S QUITE FRUSTRATING SO
THIS IS JUST AN EFFORT TO RAISE
THE LIMIT FROM 250-005-0000
DOLLARS. TO TRY TO MAKE A
JUSTICE MORE ACCESSIBLE TO
PEOPLE ON THE CIVIL SIDE UP AND
WORK ON THE CRIMINAL SIDE AS
WELL.
OVER THE TRAILERS.
THANK YOU SENATOR FIRST WITNESS
PLEASE GOOD AFTERNOONS BEEN
ATTACKER THE CONSUMER JENNY THAT
CALIFORNIA PROUD SPONSOR AT THE
TEN TWELVE ALL BE BRIEF GIVEN
THAT OUR THIS BILL REALLY A
SIMPLE INFLATION GIVEN INFLATION
ON THE LIMIT WAS PUT IN PLACE
AND EIGHTY SIX SO.
THAT TWENTY FIVE THOUSAND
DOLLARS IS WORTH FIFTY FIVE NOW
AND THAT ENSURE THAT CENTER
MENTIONED THERE ARE ALREADY.
SITUATIONS IN THE CURRENT LAW
OUR PROCEDURE THAT ALLOW YOU TO
ASK FOR MORE TIME TO STIPULATE
WITH OPPOSING COUNSEL AND ALSO
AN EXPAT JURY TRIALS THERE'S A
WHOLE HOST OF OPT OUTS. FOR
EXAMPLE IF YOU'RE ASKING FOR
MORE THAN A POLICY LIMIT LAKE
CITY WHAT THOSE CONCERNS AND
THEN LASTLY WE ARE COMMITTED TO
WORKING WITH OUR EMPLOYMENT
LAWYER COLLEAGUES THAT THE LAW.
TO ADDRESS THE CHAVEZ ISSUE AND
CCP.
TEN THIRTY THREE I'VE A THREE
AYE VOTE NOT ANSWER ANY
QUESTIONS.
THANK YOU OTHERS AND SUPPORTS.
CHAIR MEMBERS STAND PUBLIC FOR
THE JUDICIAL COUNCIL.
WE DO NOT HAVE AN OFFICIAL
POSITION YET AS URINALYSIS NOTED
WE HAVE A SIMILAR PROPOSAL THAT
--
BECOME APPEARED JUST CLOSE DONE
WE ARE IN THE PROCESS OF
ANALYZING ALL OF THOSE COMMENTS.
AS WITH M. JUST MENTIONED BY AND
SABRINA.
THE ISSUE OF CHAVEZ AND SOME
RELATED ISSUES THAT HAVE COME UP
ARE ONES THAT WE LOOK FOR TO
CONTINUING TO WORK WITH AUTHOR
SPONSOR AND COMMITTEE STEFAN.
AND ANTICIPATE TAKING FORMAL
POSITION SHORTLY THANK YOU
[inaudible]
THANK YOU.
THANK YOU MISTER CHAIRMAN ROSE
MARIE KOVR WITH THE CALIFORNIA
EMPLOYMENT LAWYERS ASSOCIATION
--
JUST THE CONCERNS THAT WERE
RAISED I'M JUST WANT THINK THE
AUTHOR AND THE SPONSORS FOR
THEIR COMMITMENT TO WORKING WITH
US ON THIS ISSUE [inaudible]
THANK YOU.
ANYWHERE ELSE IN SUPPORT.
SEEING NONE IS THERE ANY
OPPOSITION
.
CHAIR MEMBERS MY NAME IS RUSS%
BUCKLEY WITH THE PERSONAL
INSURANCE FEDERATION WITH
EFFECTIVELY OPPOSE SB TEN TWELVE
CURRENTLY THE LIMITS CIVIL CASE
ARE USEFUL TOOL FOR OUR COURT
SYSTEM TO EFFICIENTLY HANDLE
CASES.
THE RISE ABOVE A SMALL CLAIMS
COURT BUTFALL BELOW THE
UNLIMITED CIVIL CASES.
BY DOUBLING THE JURISDICTIONAL
THRESHOLD.
BOB THE BILL WOULD LIMIT THE
FENCE ABILITY TO ACTUALLY
DISCOVER AND DEFEND A LAWSUIT.
WE BELIEVE THERE'S NOT ENOUGH
DISCOVERY FOR A FIFTY THOUSAND
DOLLAR CASE WHICH IS NOT MAKES
AN INSIGNIFICANT AMOUNT OF
MONEY.
AB PERFECTLY WHEN LIABILITIES
THAT DISPUTE.
WHAT TURN HE CAN BRING A MOTION
FOR ADDITIONAL DISCOVERY?
THIS BILL WOULD MAKE THIS MORE
FREQUENT OCCURRENCE AN OPENLY
CREATE ADDITIONAL WORK EXPENSES
FOR THE COURTS AND PARTIES
INVOLVED IN THE LAWSUIT.
THE CHURCH IS YOU HAVE CONCERNS
THAT THIS EXPANSION ALSO IN THE
FOLLOWING OF MORE COMPLEX
MATTERS IN QUARTS OF LIMITS
CIVIL JURISDICTION.
WITH THE LIMITED OPPORTUNITIES
COVER THE FACTS OF THE CASE.
INTERLUDE FOR WILL BE HINDERED
FROM FOR OUR LEGAL DUTY FRANK A
LEGAL DEFENSE FOR POLICY HOLDERS
[inaudible]
THANK YOU.
I GOOD MORNING MISTER CHAIRMAN
IS THAT THE COMMITTEE KATE
MICHELMAN CIVIL JUSTICE
ASSOCIATION OF CALIFORNIA --
AS WE'VE DISCUSSED WITH THE
OTHERS OFFICE WERE NOT I
NECESSARILY OPPOSED THE CONCEPT
OF RAISING THE JURISDICTIONAL
LIMIT FOR A LIMITED JURISDICTION
CASES.
OUR CONCERN IS WITH THE MANNER
IN WHICH IT'S IMPLEMENTED IN
THIS BILL WHICH IS TO DO AN
OVERNIGHT INCREASED TO FIFTY
THOUSAND FROM.
TWENTY FIVE THOUSAND SO WE ASK
FOR WE THOUGHT WAS A REASONABLE
IT --
AMENDMENT TO DO A TWO STEP
INCREASE SO RATE IT TEN THOUSAND
DOLLARS TO THIRTY FIVE THOUSAND
DOLLARS A OUT RIGHT AWAY AND
THEN MONITOR THAT FOR THREE TO
FOUR YEARS SEE WHAT THE EFFECT
ON NOT IS.
IS MORE DISCOVERY WARRANTED AND
OF SO INCREASED AGAIN TO THE
FIFTY THOUSAND OTHER RESPONSE WE
GOT BACK FROM THE AUTHORS OFFICE
WAS THAT THAT WOULD BE COMPLEX
AND COMPLICATED FOR CASES THAT
ARE PENDING.
BUT CERTAINLY THERE ARE
THOUSANDS OF QUE CAPTION COURTS
THAT WOULD BE AFFECTED IF THIS
AMENDMENT WAS TAKEN.
A OR IF THE SUB BILL WHAT'S
TAKEN UP.
UP OUR MAIN CONCERN HOWEVER IS
WITH WHAT WE'VE HEARD IS THE
AUTHOR'S COMMITMENT. TO OVERTURN
AYE SHAMUS WHICH IS THE SUPREME
COURT CALIFORNIA SUPREME COURT
DECISION WHICH WITH UNANIMOUS IN
SAYING THAT IF.
AND WHAT ABOUT THAT CASE SAYS IS
THAT IF I PLAINTIFF MISS PLEADS
THE CASE.
AND IT'S A CASE THAT SHOULD HAVE
BEEN BROUGHT IN LIMITED
JURISDICTION BUT WAS INSTEAD
BROUGHT IN UNLIMITED
JURISDICTION THAT THE JUDGE HAS
DISCRETION. TO DENY ATTORNEY'S
FEE AWARD SO THAT PLAINTIFF IN
THAT CASE BROUGHT A
DISCRIMINATION MATTER UNDER FEE
HA.
UP BROUGHT IT IN UNLIMITED
JURISDICTIONS OVER.
TWENTY FIVE THOUSAND THE JURY
AWARDED HIM ELEVEN THOUSAND FIVE
HUNDRED I BELIEVE AND THEN HE
BROUGHT ATTORNEY FEE AWARD FOR
NINE HUNDRED THOUSAND DOLLARS.
AND THE SUPREME COURT SAID YOU
KNOW THE JUDGE HAS DISCRETION TO
DENY THAT IF YOU MUST PUT THE
CASE SO WERE VERY CONCERNED.
WITH THE ISLAND NOT AMENDMENT IF
IT WERE TO TAKE PLACE IT WOULD
BE A POST THINK IF.
THANK YOU ANYONE ELSE IN
OPPOSITION.
ALRIGHT SEE NONE OF BRING BACK
TO THE COMMITTEE QUESTIONS
COMMENTS.
SEEING NONE SENATOR YOU MAY
CLOSE ASTRONOMICAL THANK YOU SO
MUCH.
THANK YOU.
WE DO HAVE A MOTION AND A SECOND
MOTION IS TO PASS CALL THE ROLL
PLEASE STONE AYE STONE AYE
CUNNINGHAM.
CUNNINGHAM I CHAO.
CHIU HOLDEN KALRA.
KALRA AYE KILEY.
KILEY NO MAIENSCHEIN REYES.
GONZALEZ FLETCHER CONSULTS WHICH
I THAT CURRENT VOTERS FOR TO
ONCE WILL PUT THAT ALONG CALL
[inaudible]
THANK YOU.
SENATOR LARA WELCOME.
YOU HAVE TO BILLS BEFORE US ITEM
NUMBER TWO S. B. ONE SEVENTY
FOUR AND ITEM NUMBER THREE SB.
ONE EIGHTY THREE COVER
PREFERENCE --
WE CONCERT WITH ONE THIRTY FOUR
FEET OF OKAY I'M NEVER TO SP.
ONE SEVENTY FOUR THANK YOU
MISTER CHAIRMAN MEMBERS AGAIN I
DON'T THINK FIRST OF ALL YOUR
STUFF ON BOTH THESE MEASURES
THEY'VE BEEN ARE VERY VERY
HELPFUL I REALLY APPRECIATE IT.
HAS PROPOSED TO BE AMENDED S. B.
ONCE ONLY FOR SIX TO MAKE.
KEY CHANGES AND KEY CODE
SECTIONS THAT HAVE MADE HAVE
BEEN IN OUR BOOKS FOR MORE THAN
A HUNDRED FIFTY YEARS AND
REQUIRE CRITICAL REVISION
SPECIFICALLY THIS BILL REVISES.
AND UNCONSTITUTIONAL PROVISION
IN THE STATE DEFINITION OF
CITIZEN OF THE STATE IN ORDER TO
INCLUDE THE CHILDREN OF
IMMIGRANTS WERE BORN IN THE
STATE AND EXPAND ACCESS. TO
BOARDS AND COMMISSIONS ACROSS
THE STATE TO OUR RESIDENTS OF
CALIFORNIA REGARDLESS OF THEIR
CITIZENSHIP OR IMMIGRATION
STATUS.
UNDER CURRENT LAW CITIZEN OF THE
STATE IS DEFINED AS ANYONE BORN
IN THE STATE EXCEPT FOR CHILDREN
OF TRANSIENT ALIENS THAT IT'S
CURRENTLY IN OUR CODES.
THE STATE OF CALIFORNIA TEMPTED
TO DENY THE CHILDREN OF
IMMIGRANTS THAT BIRTHRIGHT
CITIZENSHIP IN EIGHTEEN SEVENTY
TWO WHEN THE STATE IMPLEMENTED
THIS PROVISION HOWEVER THE
FOURTEENTH AMENDMENT.
WHICH WAS RATIFIED GRANTS
BIRTHRIGHT CITIZENSHIP TO ALL
PEOPLE BORN IN THE UNITED STATES
AND IN EIGHTEEN NINETY EIGHT THE
SUPREME COURT RULED ON THIS
MATTER WHEN CALIFORNIA CITIZEN
BY THE NAME OF WONG KIM ARK.
FOUGHT THAT CHINA AND THE MAD AT
BIRTH RIGHT CITIZENSHIP EVEN
THOUGH HIS PARENTS WERE CHINESE
IMMIGRANTS.
THE SUPREME COURT RULED IN HIS
FAVOR AND STATED THAT NEITHER
CONGRESS NOR ANY STATE COULD
DENY BIRTHRIGHT CITIZENSHIP TO
ANY CHILD OF AN IMMIGRANT BORN
IN THE U. S..
THIS BILL SIMPLY STATES THAT
CHILDREN OF IMMIGRANTS WHO ARE
BORN IN THE STATE ARE CITIZENS
OF THE STATE IN LINE WITH THE
FOURTEENTH AMENDMENT AND
MULTIPLE COURT RULINGS.
THE SAME TIME THAT THIS
DISCRIMINATORY LANGUAGE WAS
BEING ENACTED THE STATE OF
CALIFORNIA PASSED RESTRICTIONS
ON WHO COULD SERVE ON APPOINTED
SEVERAL OFFICES.
APPOINTED HAVE OFFICES INCLUDE
NUMEROUS STATE AND LOCAL BOARDS
AND COMMISSIONS ACROSS OUR
STATE.
THIS INCLUDES OFFICES SUCH AS A
MEDICAL BOARD OF CALIFORNIA
FIRST FLAT OUT FIRST FIVE
CHILDREN FAMILIES COMMISSION AND
THE CALIFORNIA COMMISSION ON
AGING.
SP ONE SEVENTY FOUR WOULD ALLOW
ALL CALIFORNIA RESIDENTS
INCLUDING A DOCUMENT IMMIGRANTS
TO BE APPOINTED. TO ANSWER OF ON
THESE BOARDS AND COMMISSIONS.
THE BILL HAS BROAD IN ALLOWING
ALL IMMIGRANTS TO SERVE IT ALSO
DIFFERS A FEDERAL LAW REGARDING
PAID WORK FOR EXAMPLE IF AN
IMMIGRANT DOES NOT HAVE A WORK
AUTHORIZATION THEN UNDER THIS
BILL THAT WOULD NOT BE ALLOWED
TO SERVE.
IN AN APPOINTED CIVIL OFFICE
THAT HAS A PLACE OF EMPLOYMENT
BOARDS AND COMMISSIONS ARE VERY
HAVE VERY STRICT REQUIREMENTS TO
SERVE INCLUDING OBTAINING
SURPASS CERTAIN LICENSES AND
UNDERGOING BACKGROUND CHECKS.
THE PEOPLE WOULD STILL NEED TO
MEET THOSE REQUIREMENTS TO BE
ELIGIBLE TO SERVE ON THE BOARDS
AND COMMISSIONS AND ULTIMATELY
STILL BE SELECTED TO SERVE.
BY THE APPOINTING AGENCY OR
INDIVIDUAL A AS YOU KNOW MANY
IMMIGRANTS ARE HIGHLY QUALIFIED
AND WOULD LIKE TO DOUBLE TO
SERVE THE STATE BUT ARE BARRED
CALIFORNIA'S MOST IMMIGRANT
WHICH STATE WITH A POPULATION OF
ABOUT TEN MILLION.
IMMIGRANTS INCLUDING OVER TWO
MILLION UNDOCUMENTED IMMIGRANTS
I RESPECTFULLY ASK FOR YOUR AYE
VOTE.
THANK YOU SENATOR.
FIRST WITNESS PLEASE.
THANK YOU ARE MY NAME IS CARTHA
CHRONIC CHRISTIAN.
I'M A PROFESSOR OF PUBLIC POLICY
THANK YOU FOR THIS OPPORTUNITY
TO APPEAR BEFORE YOU. TO PROVIDE
EXPERT TESTIMONY WITH RESPECT TO
SP ONE SEVENTY FOUR ALSO KNOWN
AS THE CALIFORNIA INCLUSION ACT
INTRODUCED BY SENATOR LARA AND
PRINCIPLE COAUTHOR ASSEMBLY
MEMBER CARILLO.
I SPEAK TODAY IS A PROFESSOR OF
PUBLIC POLICY WHOSE LIFE'S WORK
SEEKS TO MAKE SURE THAT OUR
POLICIES ARE INFORMED BY GOOD
THEORY AND EVIDENCE.
HAVE TWO DECADES OF RESEARCH
EXPERIENCE ON IMMIGRANT CIVIC
ENGAGEMENT IMMIGRATION LAW AND
POLICY.
I'VE WRITTEN MANY BOOKS ARTICLES
AND POLICY REPORTS ON THESE TOP.
MY TESTIMONY IS ALSO INFORMED
BOB BY MY SERVICE AS CHAIR OF
THE CALIFORNIA COMMISSION ON
ASIAN AND PACIFIC ISLANDER
AMERICAN AFFAIRS.
WHICH INCLUDES COMMISSIONERS WHO
ARE APPOINTED BY THE GOVERNOR
THE STATE SENATE AND STATE
ASSEMBLY. TO ME THIS BILL IS
FUNDAMENTALLY ABOUT HOW ALLOWING
THE STATE TO BENEFIT FROM THE
IMMENSE TALENTS AND SERVICES OF
ITS RESIDENT POPULATION.
THIS BILL IS FUNDAMENTALLY ABOUT
WHAT IT MEANS TO BE A
CALIFORNIAN.
THAT AS THE KEY WORD HERE
CALIFORNIANS.
THE LAST TWO DECADES THE STATE
HAS MADE TREMENDOUS PROGRESS IN
MAKING SURE THAT WE BENEFIT.
FROM THE TALENT AND POTENTIAL OF
ALL OF OUR RESIDENTS.
INCLUDING ALLOWING STUDENTS WERE
STATE RESIDENTS REGARDLESS OF
THEIR FEDERAL IMMIGRATION STATUS
TO OBTAIN DRIVER'S LICENSES
ATTEND A PUBLIC COLLEGE OR
UNIVERSITY.
PAY IN STATE TUITION AND QUALIFY
FOR STATE FINANCIAL AID.
THIS LEGISLATURE AND THIS
GOVERNOR ALSO HAD THE WISDOM TO
ALLOW ALL STATE RESIDENTS TO
OBTAIN PROFESSIONAL LICENSES.
ENABLING THEM TO UTILIZE THEIR
TALENTS IN JOBS RANGING FROM
COSMETOLOGIST AND REAL ESTATE
BROKERS TO ACCOUNTANTS AND
ATTORNEYS.
THIS BILL IS SIMPLY A LOGICAL
EXTENSION OF THOSE SAME EFFORTS
BY ALLOWING IT PER QUOTE A
PERSON REGARDLESS OF CITIZENSHIP
OR IMMIGRANT STATUS IMMIGRATION
STATUS.
IS ELIGIBLE TO HOLDEN APPOINTED
CIVIL OFFICE OF THE PERSON IS
EIGHTEEN YEARS OF AGE AND A
RESIDENT OF THE STATE.
I SHOULD ADD THAT THERE ALREADY
IT HAS BEEN IN THE DOCUMENT
INDIVIDUAL SERVING ON A STATE
COMMISSION THE CALIFORNIA STATE
BOARD OF TRUSTEES.
WHO HAD DHAKA ó AND WAS
APPOINTED BY THE GOVERNMENT?
ALL OF THESE ACTIONS ARE
CONSTITUTIONALLY PERMISSIBLE
BOTH BY THE CALIFORNIA
CONSTITUTION AND BY THE US
CONSTITUTION. FOR EXAMPLE AS WE
WANT SEVENTY FOURS CAREFULLY
WORDED SO THAT IS FULLY
COMPLIANT WITH THE US
CONSTITUTION AND FEDERAL LAW
WITH RESPECT TO COMPENSATION OF
BORDER COMMISSION MEMBERS.
S. B. ONE SEVENTY FOUR ALLOW
ALLOW OUR STATE TO BENEFIT FROM
THE IMMENSE TALENTS OF ITS
RESIDENTS AND TO CONTINUE
DEEPENING THE NOTION OF WHAT IT
MEANS TO BE A CALIFORNIA.
IT WILL STRENGTHEN THE WORK OF
OUR BOARDS AND COMMISSIONS
INCLUDING THE ONE THAT I CHAIR
ON ASIAN PACIFIC ISLANDER
AMERICAN AFFAIRS.
FINALLY THERE'S A LOT OF HEATED
RHETORIC THESE DAYS ABOUT
IMMIGRATION.
AND MANY MIGHT INTERPRET WATER
STATE DOES AS AN ACTIVE
RESISTANCE OR AS A POLITICAL
FIGHT WITH THE FEDERAL
GOVERNMENT.
HOWEVER THIS IS A FUNDAMENTAL
MISUNDERSTANDING OF THE STATE'S
LEGISLATIVE HISTORY ON IMMIGRANT
INTEGRATION.
THIS BODY HAS BEEN TAKING COMMON
SENSE STEPS TO ADVANCE
OPPORTUNITIES FOR ALL
CALIFORNIANS REGARDLESS OF THEIR
FEDERAL IMMIGRATION STATUS FOR
NEARLY TWO DECADES.
UNDER BOTH DEMOCRAT AND
REPUBLICAN ADMINISTRATIONS AT
THE STATE LEVEL AND AT THE
FEDERAL LEVEL.
TIS BILL IS NOT ABOUT MAKING A
POLITICAL STATEMENT AND REACTION
TO THE FEDERAL GOVERNMENT IT IS
A FAR MORE NOBLE CAUSE THE NOT.
THIS BILL IS A REFLECTION OF OUR
SHARED VALUES OUR SHARED
IDENTITY OUR HOPES AND OUR
DREAMS AS CALIFORNIANS THANK YOU
FOR THE OPPORTUNITY. TO PROVIDE
MY EXPERT OPINION ON THE STOP.
THANK YOU AND CENTER JUST FOR
CLARITY THERE'D AMENDMENTS IN
THAT THAT YOU'RE TAKING THOSE
AMONG ABSOLUTELY THANK YOU THANK
YOU THANK YOU NEXT WITNESS.
GOOD MORNING MISTER CHAIR AND
MEMBERS MY NAME IS JUST ABOUT
AND THOSE WHICH ARE LA AND THE
CALIFORNIA AGING NETWORK
INSTRUCTS SUPPORT.
OF SB ONE SEVENTY FORM.
I REMEMBER IN TWENTY TWENTY TEN
THE DIRECTOR OF A COLLEGE
PREPAREDNESS PROGRAM LOOK
STRAIGHT IN MY EYES AND TOLD ME
UNLESS A DRAMATIC PASSES THERE'S
NO ROOM FOR YOU IN MY PROGRAM.
I THINK IT WAS THE MOMENT WHEN I
SET MY MIND TO WORK IN PUBLIC
POLICY TO CHANGE THESE LAWS.
I DID EVERYTHING TO SET TO SEMI
IN THAT PATH AN INTERN IN
CONGRESSIONAL OFFICES AND TO
DHAKA I WAS GIVEN THE
OPPORTUNITY TO INTERNET WATCHING
TEN D. SEEM.
I WALKED THE HALLS OF CONGRESS
WHERE I LEARNED THAT EVEN WITH
THE WORK PERMIT.
I COULDN'T WORK FOR THE FEDERAL
GOVERNMENT BECAUSE I HAD DOT
COM.
BUT THAT WASN'T GOING TO STOP ME
AND I TOLD MYSELF THAT I WOULD
GO BACK TO CALIFORNIA TO ENSURE
THAT UNDOCUMENTED YOUTH HAD MORE
OPPORTUNITIES FOR MY EXPERIENCES
I LEARNED THAT NOBODY NOBODY
KNOWS THE NEEDS OF THE COMMUNITY
BETTER THAN THOSE THAT LIVE.
AND COME FROM THOSE COMMUNITIES
INCLUDING UNDOCUMENTED
IMMIGRANTS.
AS IMMIGRANTS ARE EXPENSES ARE
SO UNIQUE THAT BEING APPOINTED
TO A BOARD OF COMMISSION WILL
ALLOW CALIFORNIA TO PROVIDE A
MUCH MORE NEED A PERSPECTIVE
THAT REPRESENTS A SIGNIFICANT
POPULATION AND THE STATE.
I ASK FOR YOU THAT YOU VOTE A ON
SB ONE SEVENTY FOUR TO ALLOW
CALIFORNIANS LIKE MYSELF TO
SHAPE OUR STATE TO BE INCLUSIVE
AND MEET THE NEEDS OF OUR
COMMUNITIES IN CALIFORNIA THANK
YOU [inaudible]
THANK YOU.
OTHERS AND SUPPORTS.
GOOD MORNING MISTER CHAIRMAN
REQUEST FOR SONS WERE TRAILING
STRONG SUPPORT.
JEAN IT IS OVER WITH THE
CALIFORNIA IMMIGRANT POLICY
CENTER IN STRONG SUPPORT.
ANGELINA ASIAN AMERICANS
ADVANCING JUSTICE CALIFORNIA
CHUNKS PART.
CARMEN NOW WITH THE CALIFORNIA
DREAM NETWORK IN STRONG SUPPORT
THANK YOU.
MONROE LEVEL SHARE WITH PUBLIC
ADVOCATES AND SUPPORT.
LEON THE HALF THE ACLU
CALIFORNIANS SUPPORT
[inaudible]
THANK YOU.
HUNT DR JOSHUA CAMACHO GIVE
SUPPORT [inaudible]
THANK YOU.
ANYONE ELSE AND SUPPORTS.
SEEING NONE IS THERE OPPOSITION.
IF YOU GET TO MAKE ROOM FOR THE
OPPOSITION.
YOU WHAT YOU HAVE AN
OPPORTUNITY.
FIRST WITNESS PLEASE
[inaudible]
YES SIR. OH MY NAME IS ROLE
RODRIGUEZ JUNIOR.
I AM A RETIRED TEAM SIR OF OVER
THIRTY TWO TWO YEARS
[inaudible]
I'VE ORGANIZED.
I'VE BECOME --
HOUSE ELECTED.
UNION STEWARD FOR OVER TWENTY
YEARS.
AND REPRESENTING EMPLOYEES IN
THE WORKPLACE.
S. B. ONCE SO MANY POOR VIOLATES
FEDERAL.
IMMIGRATION LAW ON HIM
[inaudible]
PAULINE ALIENS SPECIFICALLY.
EIGHT US CODE SECTION. THIRTEEN
TWENTY FOUR A AS WELL AS THE
IMMIGRATION.
REFORM AND CONTROL ACT OF
NINETEEN EIGHTY SIX CODIFIED
UNDER EIGHT USC.
SECTION ELEVEN ALL.
ONE UNDER THE AYE ARE.
C. A EMPLOYERS.
MAY HIRE ONLY PERSONS WHO MAY.
LEGALLY WORK IN THE US.
IN OTHER WORDS CITIZENS.
NATIONALS OF THE U. S. AND
ALIENS AUTHORIZED TO WORK.
IN THE U. S. FURTHERMORE WITHIN
TITLE.
EIGHT OTHER US CODE SECTION
THIRTEEN TWENTY FOUR A BE TWO
STATES.
AND I QUOTE.
IT IS UNLAWFUL FOR A PERSON.
OR OTHER ENTITIES AFTER HIRING
ANY ALIEN. FOR THE EMPLOYMENT TO
CONTINUE TO EMPLOY.
ALIENS IN THE UNITED STATES
KNOWING.
THE ALIEN IS OR HAS BECOME.
AN UNAUTHORIZED ALIEN WITH
RESPECT TO SUCH EMPLOYMENT.
SENATOR SENATOR LARA HAS
INTRODUCED THIS BILL.
IN DIRECT CONFLICT WITH FEDERAL
LAWS PASSED BY CONGRESS.
IN DOING SO IT PASSED.
AND SIGN BY THE GOVERNOR IT WILL
NO DOUBT.
BR SUBJECT OF YET ANOTHER
FEDERAL LAWSUIT BY THE
DEPARTMENT OF JUSTICE AND JEFF
SESSIONS [inaudible] FOR
VIOLATING.
CURRENT FEDERAL LAWS THIS TIME.
REGARDING THE EMPLOYMENT OF
UNAUTHORIZED ALIENS.
HOWEVER WELL INTENTIONED SP ONE
SEVENTY FOUR IS SUPPOSED TO BE.
FOR THE EMPLOYMENT OF
IMMIGRANTS.
THAT HAVE COME TO THE UNITED
STATES.
LET US LET US NOT FORGET THAT WE
HAVE US CITIZENS.
A MANY ETHNIC BACKGROUNDS WHO
ARE [inaudible]
UNEMPLOYED.
PARTICULAR OUR VETERANS AND
THAT.
ILLEGAL ALIENS WHO ARE NOT.
GOING THROUGH THE NATURALIZATION
PROCESS HAVE.
NO ALLEGIANCE TO OUR COUNTRY.
OUR LAWS OR OUR FLAG.
AS SUCH THEY HAVE NO BUSINESS.
TAKING PART IN ANY COMMISSIONS
OFFICES OR BOARD OR PANELS.
WERE THEY WOULD NECESSARILY HAVE
A DIRECT AFFECT.
IN OUR POLICY MAKING AND OR LAWS
[inaudible]
BEING WRITTEN [inaudible]
I REITERATE.
S. B. WON SO MANY POOR VIOLATES
FEDERAL.
IMMIGRATION LAW AND EMPLOYMENT
AUTHORIZE [inaudible]
UNAUTHORIZED ALIENS.
AND I DO I WOULD LIKE TO ALSO
STATE THAT.
SIR LARA TO RETAIN USE.
JUST A FEW TO WRAP UP THE US
ARE.
MISTER LARA CONTINUES TO
VIOLATE.
NOT ONLY HIS OATH OF OFFICE BUT
THE CONSTITUTION AND IT'S NOTING
THAT THE ILLEGAL IMMIGRATION
TERMS AT THE BILL AND NOT
ADDRESS.
TO SARAH I'M DONE THANK YOU.
NEXT WITNESS PLEASE.
YES SIR OUT MY NAME IS LOUIS
RADIUS -- I
COME WITH EXPERTISE FROM SOME OF
THE LARGEST CORPORATIONS IN THE
WORLD -- AND
I BELIEVE THAT I'M QUALIFIED.
SPEAK ON THIS --
I'M HERE TODAY BECAUSE I CARE.
I CARE ABOUT MY HOME STATE OF
CALIFORNIA [inaudible]
MY COMMUNITY.
CITIZENS OF CALIFORNIA.
THIS INCLUDES ALL CITIZENS BUT
PARTICULARLY CARE ABOUT
[inaudible]
LEGAL CITIZENS.
I CARE ABOUT THEM BECAUSE LIKE
ME.
THEY HAVE SKIN IN THE GAME.
THEY WORK HARD THEY PAY TAXES
THEY STRUGGLE TO PAY THEIR BILLS
AND OTHER FINANCIAL OBLIGATIONS.
AND MY WALLET AND MY ONLY AND
MAY VOLUNTEER IN THEIR
COMMUNITIES TO HELP OTHERS AND
OVER ALL GIVES SELFLESS OF
THEMSELVES.
THERE ARE MANY.
MANY LEGAL CITIZENS WHO ARE MORE
THAN QUALIFIED.
SERVE ON CD COUNCILS
[inaudible]
AND COMMISSIONS [inaudible]
AND BOARDS.
THAT SIGNIFICANTLY IMPACTS THE
LIVES OF CALIFORNIA CITIZENS.
AS YOU KNOW WE HAVE MANY
PRESSING SOCIAL PROBLEMS IN
CALIFORNIA.
THE HOMELESS VETERANS.
THE ELDERLY FOLKS.
FAMILIES WITH CHILDREN RAMPANT
HUNGER AMONG THE VARIOUS
POPULATIONS.
ACCESS TO AFFORDABLE HOUSING
STRUGGLING EDUCATIONAL PUBLIC
SCHOOL SYSTEM.
EXORBITANT LOCAL AND STATE
TAXES.
RISING COST OF LIVING
[inaudible]
ILLEGAL IMMIGRATION.
THE ABILITY TO SERVE.
ON A BOARD.
AND OTHER GOVERNING BOARD CALLS
FOR THE ABILITY TO BE WELL
EQUIPPED IN THE DEPTH AND
KNOWLEDGE OF LOCAL AND STATE
LAWS.
NOT ONE CAN MAY NOT NO ONE CAN
MAKE INTELLIGENT.
WELL INFORMED DECISIONS.
THAT IMPACT THE LIVES OF ALL THE
CITIZENS WITHOUT THAT KIND OF
KNOWLEDGE.
IT'S HIGHLY DOUBTFUL. TO THAT AN
ILLEGAL IMMIGRANT WOULD POSSESS
THE KIND OF LEGAL KNOWLEDGE.
NEEDED AND A FORWARD FOCUSING
VISION AND COGNITIVELY ADVANCE.
GOOD OF THE COMMUNITY IN HIS
STATE.
I DON'T HAVE TO REMIND YOU.
OF HOW COMPLEX AND CONVOLUTED
OUR CITY STATE AND COUNTY LAWS
ARE.
THOSE WHO SERVE THE BOARD
COMMISSIONS.
BUT NEED TO HAVE LIVED IN AND
EXPERIENCE THE KINDS OF
SIGNIFICANT CHALLENGES AND
ISSUES POSED BY LIVING IN
CALIFORNIA [inaudible]
IN CLOSING.
I AM HERE TO VOICE MY STRONG
OPPOSITION TO SENATOR RICARDO
LAGOS S. B. ONE SEVENTY FOUR
WHICH ALLOWS ILLEGAL ALIENS TO
SERVE ON GOVERNMENT BOARDS AND
COMMISSIONS [inaudible]
THANK YOU.
OTHERS IN OPPOSITION.
IF YOU GIVE US YOUR NAME AND
YOUR AFFILIATION PLEASE.
MY NAME'S GREG SISKA --
I AM AFFILIATED WITH OF AMERICAN
CHILDREN FIRST.
AND I OPPOSE.
A LAWLESS LAW.
S. B. FIT A ONE SEVENTY FOUR
JEAN MACLEOD.
SAVE OUR STATE A FIVE OH ONE C.
THREE NON PROFIT.
I OPPOSE ONE SEVENTY FOUR AND WE
ALL OPPOSE.
ONE SEVENTY FOUR JEAN A FELLER.
WE THE PEOPLE RISING I STRONGLY
AND WE ALL USA OPPOSE STRONGLY
OPPOSE.
ROBIN BIDSTON WITH REMEMBRANCE
PROJECT IN OPPOSITION.
MISTER CHAIR MEMBERS MAP BROWN
BE AFTER THE CALIFORNIA
TEAMSTERS' I JUST WANT TO
CLARIFY THAT WE DO NOT AND YOU
KNOW HAVE A POSITION AND WE WE
SUPPORT EXPANDING OPPORTUNITIES
FOR AT FOR IMMIGRANTS THANK YOU
FOR YOUR TIME.
MY NAME'S TIE DECKER I'VE
REPRESENT AMERICAN CITIZENS
AGAINST A SAY RUSSIAN LIKE UP
PUTIN SERVING ON IN CALIFORNIA
TO SEE IN THE FUTURE.
OPPOSITION.
ALRIGHT SING NONE OF BRING IT
BACK TO THE COMMITTEE QUESTIONS
COMMENTS MISS GONZALEZ FLETCHER.
AYE I'M GLAD THE REPRESENTED
FROM THE TEAMSTERS CLARIFIED AS
A TEAMSTER MYSELF I I DO WANNA
--
NOTE THAT A UNION REPRESENTATIVE
--
HAS THE DUTY. TWO OUR I'M
REPRESENT A WORKER REGARDLESS OF
THEIR IMMIGRATION STATUS IMPACT
AND THERE ARE PLENTY OF
IMMIGRANTS WHO ARE TEAMSTERS AYE
SO PROUD TO BE THE ONLY TEAM SIR
THAT SERVES IN THISBODY.
I'M WITHOUT I JUST HAVE ONE
CLARIFYING QUESTION.
A SIR LARA ONE THANK YOU FOR
THIS BILL I'VE REPRESENTING OUR
A MIXED STATUS COMMUNITY.
FAMILY NO TO FULLY INTEGRATE
EVERYBODY INTO THAT COMMUNITY
AND AND THOSE SPECIAL THAT WOULD
DESPERATELY LIKE TO BECOME
CITIZENS BUT THERE'S NO PATH AT
THIS CURRENT TIME.
I'M ALLOWING IN THESE TYPES OF
OPPORTUNITIES ARE HAVING A VOICE
IS EXTREMELY IMPORTANT.
I'M I JUST WANNA MAKE SURE THAT
ON THESE BOARDS AND COMMISSIONS
AT THESE APPOINTEES WOULD STILL
HAVE TO TAKE THE OATH OF OFFICE
WHICH I CLARIFIES THEIR
ALLEGIANCE TO THE CONSTITUTION
OF THE STATE IN THE UNITED
STATES IF IT'S PART OF THE
REQUIREMENT TO SERVE ON THE
BOARD THAN.
THEY WOULD HAVE TO DO SO FAR AND
AGAIN. FOR TO FEDERAL LAW WHEN.
WHEN WE TALK ABOUT REGARDING
WORK I AND SO IF A PERSON HAS TO
BE EMPLOYED THEN THEY WOULD NOT
BE ABLE TO SERVE ON THAT
COMMITTEE?
BUT MANY CIVIL CIVIL I'M --
OTHER SERVICE DOES NOT REQUIRE
ANY TYPE OF EMPLOYMENT WHICH
THAT WOULD MAKE HIM ELIGIBLE TO
SERVE.
THANK YOU WITHOUT I'M OF THE
BILL.
I THINK IT WE DO HAVE A MOTION
AND A SECOND.
OTHER QUESTIONS COME A POINT OF
ORDER -- I
DON'T KNOW IF THE WITNESSES.
AND IT IS NOT INTENTIONAL WE'RE
IGNORING IT THANK YOU.
MY A FIRST AMENDMENT RIGHT.
OTHER QUESTIONS COMMENTS FROM
AND YOU THE COMMITTEE SILENCE
[inaudible]
ISRAEL'S.
I JUST HAD ONE QUESTION THERE
WAS FROM ONE ONE OF THE THE
SPEAKERS IN OPPOSITION.
IDENTIFIED HERSELF AS A FIVE A
ONE C. THREE AND I'M NOT SURE IF
PROVIDING A POLITICAL OPINION OR
HAVING A A POSITION ON A
POLITICAL.
ISSUE IS GOING TO BE
APPROPRIATED JUST RECOMMEND THAT
YOU TAKE.
TAKE A LOOK AT THAT [inaudible]
VERY GOOD [inaudible]
THANKS ADDRESS.
SENATOR THANK YOU VERY MUCH FOR
BRINGING THIS FORWARD I THINK
THAT IT'S APPROPRIATE FOR THIS
COMMITTEE TO PASS THIS.
BILL AND AND I CERTAINLY EXPECT
THAT IT WOULD.
CALIFORNIA HAS ALWAYS STOOD UP
FOR ITS RESIDENTS THOSE WHO WERE
HERE AND WE TAKE ADVANTAGE OF
THEIR TALENTS AND CAPABILITIES
OF EVERYONE IN CALIFORNIA AND IN
THIS DAY AND AGE.
THAT IS MORE IMPORTANT THAN EVER
POINTS OUT WE STATE YOU BRING
THAT FORWARD APPOINT IS DENIED.
SORRY MIKLOS THANK YOU --
MEMBERS APPRECIATE YOUR TIME IS
QUESTION AGAIN.
THIS IS MORE A PART OF NOW THAN
EVER THAT WE STAND UP FOR EVERY
SINGLE CALIFORNIA AND THE FACT
IS THAT ONE OUT OF SIX FAMILIES
IN CALIFORNIA COMES FROM MAKE
STATUS HOUSEHOLD.
THAT IS THE MAJORITY THAN ANY
OTHER STATE INCORPORATING ARE
UNDOCUMENTED MIGRANTS AND ARE
IMMIGRANTS INTO OUR SOCIETY
CONTINUES TO BE SOMETHING THAT
WE'RE VERY PROUD OF AND LOOK
FORWARD TO YOU SUPPORTING THIS
MEASURE THANK YOU.
THANK YOU SO WE DO HAVE A MOTION
AND SECOND MOTION IS TO PASS AS
AMENDED.
CALL THE ROLL PLEASE STONE BY
STONE AYE CUNNINGHAM CHAU
[inaudible]
CHIU HOLDEN.
HOLDEN I KALRA.
KALRA AYE KILEY.
KILEY NO MAIENSCHEIN REYES.
REYES AYE GONZALEZ FLETCHER
GONZALEZ FLETCHER AYE.
THAT NEEDS ONE MORE VOTE SO WE
ARE GOING TO PUT THAT VILLA
QUAKE GIVES CHAIR THANK YOU AND
THAT BRINGS US TO ITEM NUMBER
THREE SB.
ONE EIGHTY THREE THANK YOU AGAIN
I WANT TO THANK YOUR STAFF --
FOR THEIR WORK ON THE COULD YOU
CLICK ON THIS BILL --
WITH AND THE COLLABORATION AS
PROPOSED TO BE AMENDED THE SCOPE
OF THE BILL HAS A NARROWED BUT
THEESSENCE OF THIS MEASURE
REMAINS INTACT.
S. B. ONE EIGHTY THREE WILL
CODIFY THE COMMON LAW.
PRIVILEGE FROM ARREST.
US SPECIFICALLY IT CLARIFIES THE
POWER OF JUDICIAL OFFICERS TO
PREVENT ACTIVITIES THAT THREATEN
ACCESS TO OUR COURTHOUSES
INCLUDING BY PROTECTING THE
PRIVILEGE OF A CIVIL UNREST FROM
CIVIL ARREST.
DECLARES THAT NO ONE SHALL BE
SUBJECT.
OR SERVED WITH THE PROCESS WHILE
ATTENDING OR GOING TO OR FROM
THE COURTHOUSE BROKER
PROCEEDING.
THIRD IT STATES THAT ANY PERSON
WHO KNOWINGLY EXECUTES
FACILITATES AN ARREST OR A
SERVICE OF PROCESS AT A
COURTHOUSE RECORD PROCEEDING
SHALL BE LIABLE FOR CONTEMPT OF
COURT FALSE IMPRISONMENT OR
BOTH.
TRADITIONAL CIVIL RIGHTS HAVE
BEEN DECLINED HAVE DECLINED BUT
THEY'RE ALSO I'M NOT ENTIRELY
HAVE NOT ENTIRELY DISAPPEARED
I'VE INTRODUCED S. B..
ONE EIGHTY THREE LAST YEAR ONCE
WE WERE ALL MADE AWARE OF
NUMEROUS INSTANCES WHERE
INDIVIDUALS HAVE BEEN ARRESTED
BY ICE AGENTS AT COURTHOUSES
ACROSS THE NATION.
WHEN ICE AGENT TAKES CUSTODY OF
A PERSON WHO WAS ALLEGEDLY NOT
AUTHORIZED TO BE THE U. S. THE
AGENT MAKES A CIVIL ARREST?
BECAUSE OF THE RECENT INCREASE
OF THESE TYPES OF CIVIL UNREST I
FIND IT PRUDENT TO CODIFY THE
PRIVILEGE.
FROM ARREST DOCTRINE TO PROTECT
NOT ONLY THE INDIVIDUAL BUT THE
COURTS AS WELL.
AS NOTED IN THE ANALYSIS A
PRIVILEGE ALSO PROTECTS THE
SANCTITY OF OUR COURTHOUSES AND
THE POWER OF JUDGES TO CONDUCT
PROCEEDINGS WITHOUT PHYSICAL
INTERFERENCE.
S. B. ONE THIRTY TO AT ONE
EIGHTY THREE WILL FOSTER SAFE
ENVIRONMENT AROUND OUR COURTS
AND THE SHOWS THAT OUR PEOPLE
WILL BE ABLE TO CONDUCT THEIR
BUSINESS.
WITHOUT THE THREAT OF BEING
HARASSED OR ARRESTED HARDWORKING
IMMIGRANTS WERE PAYING A FINE
ACTING AS WITNESSES ARE SEEKING
STATE SANCTIONED BENEFITS.
AT THE COURTHOUSE SHOULD NOT BE
TARGETED FOR UNLAWFUL ARREST OR
DETENTION BY ICE THIS BILL WILL
PROTECT THE RELATIONSHIP BETWEEN
IMMIGRANTS NON IMMIGRANTS AND
OUR LAW ENFORCEMENT.
SB ONE EIGHT THREE WILL ALSO
PERMIT THE COURTS TO FULFILL
THEIR RESPONSIBILITY TO ENSURE
SAFE AND ORDERLY JUDICIAL
ADMINISTRATION ALL LAW
ENFORCEMENT WILL STILL BE ABLE
TO MAKE A CRIMINAL ARREST.
IF THERE IS A PROBABLE CAUSE OR
A CRIME WITNESSED THE FOCUS OF
THIS BILL IS TO LIMIT CIVIL
ARREST AT COURTS IN ORDER TO
ALLOW. FOR THE ACCESS TO AND
DELIVERY OF JUSTICE FOR ALL I
RESPECTFULLY ASK FOR A VOTE.
THANK YOU SENATOR FIRST WITNESS
PLEASE THINK MISTER CHAIRMAN
GOOD AFTERNOON MEMBERS OF
COMMITTEE.
ALBERTO TRICKLE ON BEHALF OF THE
CALIFORNIA APPLICANT ATTORNEYS
ASSOCIATION PROUD SPONSORS OF
THIS MEASURE.
THE BILL IS A PERSONAL ONE THANK
THE STAFF FOR THE FOR THE WORK
ON THE AMENDMENTS IN THE AND AND
APPROACHES BEEN TAKE ON THE
BILL.
THE BILL CHANGED SIGNIFICANTLY
SINCE OF INTRODUCED BY THINK
DATA.
THE THE NOTION OF BANNING CIVIL
UNREST AND COURTHOUSES.
IN BUILDINGS WERE ADMINISTRATIVE
PROCEEDINGS ARE TAKING PLACE
WERE ALSO ALSO BEING CONDUCTED
BY PEOPLE TESTIFYING UNDER OATH
UNDER SUBPOENA THINK IT'S AND
IT'S IMPORTANT.
FORUM FOR ALL OF CALIFORNIA
RESIDENTS. TO UNDERSTAND THAT
THEY ARE SAFE WHEN THEY TESTIFY
IN COURT.
WHETHER IT'S CIVIL OR CRIMINAL
TRIALS THAT THEY SHOULD BE
CONCERNED ABOUT BEING PICKED UP.
AND BY ICE OR ANY OTHER AGENCY.
THIS BILL TAKES TO TAKE SO THIS
APPROACH IN ORDER TO AVOID ANY
POTENTIAL CONCERNS WITH THE
INTERGOVERNMENTAL COMMUNITY
BECAUSE THAT ALSO A ANY.
KIND ANY CONCERNS OR POTENTIAL
ARGUMENTS [inaudible]
OF MY LIST OF A PROTECTION SO
IT'S A GOOD APPROACH FINALLY I
WOULD LIKE TO SAY THE TERM.
IN ANTICIPATION OF THE
OPPOSITION [inaudible]
YOU KNOW THERE'S A LOT OF TALK
ABOUT MAKING AMERICA GREAT
AGAIN.
ONE OF AMERICA'S GREATEST
PETITIONS I SUBMIT.
IS THE FIRST EXCEPT THE ALLOWING
OF IMMIGRANTS PENSIONS COUNTRY
[inaudible]
SECOND [inaudible] THREE THE
EXPLOITATION OF IMMIGRANTS AND
THIRD AND FINALLY ACCEPTANCE OF
IMMIGRANTS.
IT'S BILL GOES A LONG WAY.
TO CONTINUE THAT LONG AND GREAT
TRADITION.
OF ACCEPTING IMMIGRANTS.
AND MAKING THIS COUNTRY A
COUNTRY OF IMMIGRANTS.
IF YOU LOOK ACROSS THE FROM THE
FLETCHER BODY.
PUBLIC THE MOST DIVERSE PLEDGE
OF BODY NOT ONLY IN THIS COUNTRY
NOT ONLY IN THIS WORLD BUT NAY
HISTORY THIS WERE.
AND THAT'S NOT SOMETHING
[inaudible]
ASHAMED OF THE CRITICIZED FROM
PROUD OF RESPECTFULLY ASK
RELIABLE [inaudible]
THANK YOU.
GOOD AFTERNOON MISTER CHAIR
MEMBERS CUTS FOR SUCH AS WHICH
OF THE COALITION FOR HUMANE
IMMIGRANT RIGHTS ARE PROUD TO BE
A COSPONSOR OF THIS LEGISLATION.
EARLIER THIS YEAR I STUMBLE DOWN
IN THE ENFORCEMENT ACTIONS IN
COURTHOUSES ARE SPECIFICALLY
WHEN THEY ISSUED A MEMO --
STATING THAT --
HOW THEY WOULD BE TARGETING ON
THEIR ACTIONS THE MEMO
HIGHLIGHTED THAT THERE WOULD BE
TALKING ABOUT ON THE TAKING
INDIVIDUALS OUT THERE ARE
TARGETING HOWEVER ALSO
HIGHLIGHTED THE DISCRETION THAT
THE AGENT HAD AT THE TIME?
OUR SENSE THAT NO ONE HAS BEEN
ISSUED WE RECEIVED REPORTS IN
THE STATE OF CALIFORNIA AND
ACROSS THE NATION.
THAT ICE AGENTS HAVE BEEN ARE
WAITING OUTSIDE COURT ROOMS AND
ALSO OUTSIDE THE COURTHOUSE
ITSELF TAPPER HAND INDIVIDUALS.
ARE IT IS FOR THE THESE REASONS
THAT WE THINK THAT IT IS
UNETHICAL OFF PRICE TAKING THESE
ACTIONS.
ARE THIS BILL ALIGNS ITSELF WITH
OTHER ACTIONS THAT THIS BODY HAS
TAKEN AS WELL THIS LEGISLATURE
EARLIER THIS YEAR.
ARE WE BELIEVE THAT COURTROOM
SHOULD BE A SAFE PLACE FOR RO
FORWARD AND FOR THOSE REASONS WE
ASK FOR YOUR SUPPORT.
THANK YOU.
OTHERS AND SUPPORTS.
GINA TO SLOW THE CALIFORNIA
IMMIGRANT POLICY CENTER IN
STRONG SUPPORT.
I'LL HANDLE THAT I'M
REPRESENTING NEXT AND
CALIFORNIANS SUPPORT.
ANGELIQUE YORK NATIONAL
ASSOCIATION OF SOCIAL WORKERS
AND SUPPORT.
I MEAN I AM WITH THE CALIFORNIA
DREAM NETWORK IN STRONG SUPPORT
THANK YOU.
COOLEY ON BEHALF OF THE ACLU A
CALIFORNIANS SUPPORT.
THANK YOU CHAIRMAN AND MEMBERS
TRISTEN BROWN OF THE CALIFORNIA
FEDERATION OF TEACHERS STILL
SUPPORT.
SYNDICATE STEEL BEHALF THE
FACULTY ASSOCIATION CALIFORNIA
COMMUNITY COLLEGES AND SUPPORT.
JIM WHEN BURGER ON BEHALF OF THE
FRIENDS COMMITTEE ON LEGISLATION
OF CALIFORNIA IN STRONG SUPPORT.
RESIDENT AS WITH THE CALIFORNIA
GENERIC IN STRONG SUPPORT.
DR REVEREND MINISTER OF CIVIL
RIGHTS AND HUMAN RIGHTS OF
SUPPORT THANK YOU.
AND ONE ALSO SUPPORTS.
SEEING NONE IS THERE OPPOSITION
.
YES I AM SO A OPPOSE
[inaudible] TO S. B..
ONE EIGHTY THREE WE HAVE A
ONSTITUTION.
AND EVERYONE SITTING HERE IN
THIS ROOM.
REGARDLESS OF THEIR POLITICAL
AFFILIATION.
HAVE A RESPONSIBILITY TO THIS
CONSTITUTION.
AND TO OUR LAWS.
WE ARE A NATION OF LAWS.
AT IS YOUR RESPONSIBILITY
EVERYONE TO USE SITTING HERE.
HAS TO EXAMINE YOUR CONSCIENCE
IF YOU DON'T.
THEY YOU WILL BE HELD
RESPONSIBLE FOR WHATEVER
HAPPENS.
FROM NOW ON IN THIS COUNTRY WE
ARE ALLOWING ILLEGALS TO COMMIT
YOUR COUNTRY ILLEGALLY WE HAVE
FEDERAL LAWS.
ANYONE CROSSING THAT BORDER.
ILLEGALLY IS A LAWBREAKER.
THEY VIOLATE VIOLATED FEDERAL
LAW AND IT'S YOUR
RESPONSIBILITY.
STOP RICARDO LARA.
FROM INTRODUCING BILLS THAT
PROMOTE ILLEGAL IMMIGRATION AND
THAT'S WHAT HE'S DOING HE
CONSTANTLY DOING THAT.
HOPEFULLY HE'S GONNA LOSE THE
NEXT ELECTION AND HE'LL BE OUT
OF POLITICS [inaudible]
THANK YOU.
YES -- LUIS
ARRAY YES --
WE ARE A COUNTRY OF LAWS.
I HAVE TAKEN THE OATH TO THE
CONSTITUTION ALL DIE FOR THIS.
I EXPECT YOU FOLKS TO DO THE
SAME.
WE CANNOT ENCAPSULATE
LAWBREAKERS.
THEY BREAK THE LAW YOU PAY THE
PRICE WE ALL HAVE TO DO THAT.
HOW CAN ANYONE SEE IT ANY OTHER
WAY WHEN YOU'RE STARTING CAPSULE
ENCAPSULATING LAWBREAKERS?
YOU'RE YOU'RE LOOKING AT THE
DEMISE OF CALIFORNIA.
AND CALIFORNIA WILL SUFFER OUR
CHILDREN WILL SUFFER.
AND THIS IS NOT RIGHT.
OUR CHILDREN HAVE TO SUFFER
BECAUSE WE ARE PAYING FOR FREE
EDUCATION FOR ILLEGAL ALIENS
WHEN OUR CHILDREN HAVE TO PAY WE
HAVE TO PAY HIS PARENTS.
IT'S NOT RIGHT.
THINK ABOUT WHEN YOU GO HOME
TONIGHT THINK OF YOUR CHILDREN
THINK OF THE FUTURE OF
CALIFORNIA I LOVE THIS STATE.
I MOVED HERE TWENTY YEARS AGO
AND THIS IS MY STATE AND I WILL
FIGHT FOR THIS STATE.
AGAIN MY NAME IS LOUIS VARIOUS.
I AM HISPANIC AMERICAN OF
SEVERAL GENERATIONS.
I LOVE MY COUNTRY [inaudible]
THANK YOU.
OTHERS IT UP.
MY NAME'S GREAT SU SKINNER AND I
AM TOTALLY CAN'T BELIEVE YOU
GUYS.
DO IN THIS.
YOU GUYS ARE REP I REPRESENT IN
THIS YEAR NAY UNDOCUMENTED LEE.
AND YOUR POSITION ON THE BILL
[inaudible]
THANK YOU.
NEXT WITNESS PLEASE.
OKAY.
I AM A DESCENDANT OF SETTLERS
NOT IMMIGRANTS SETTLERS.
ON WILL THAT PUTS I'M HERE.
BUT MY NAME IS JEANNE MACLEOD
AND I OPPOSE THIS.
SO IT'LL BE A LOT OF SETTLERS.
GINA BELLA WE THE PEOPLE RISING.
I STRONGLY OPPOSE THIS
[inaudible]
KEEP AMERICA [inaudible]
GREAT.
THANK EXCLAMATION POINT THANK
YOU [inaudible]
YES.
ROBIN FITS IN WITH THE
REMEMBRANCE PROJECT IN
OPPOSITION.
THANK YOU ANYONE ELSE IN
OPPOSITION.
ALRIGHT SAY NONE OF BRING IT
BACK TO THE COMMITTEE.
THANK YOU SENATOR LARA I THINK
BECAUSE EXACTLY BECAUSE WE ARE A
COUNTRY OF LAWS AND A STATE OF
LOS THAT THIS BILL IS VERY VERY
IMPORTANT TO PROTECT ACCESS TO
JUSTICE AND AND ALLOW THE JUDGES
IN THEIR COURTROOMS TO BE ABLE
TO DECIDE.
HOW THEY ADMINISTER JUSTICE I
APPRECIATE THAT YOU BROUGHT THIS
FORWARD?
SCOTT THANK YOU MISTER CHAIRMAN
THANK YOU SENATOR LARA. FOR
BRINGING THIS FORWARD
UNCONSTITUTIONAL PLEDGED
EVERYONE REGARDLESS OF THEIR
IMMIGRATION STATUS AND INDEED.
COURTS IN PARTICULAR OB AND
THEY'RE SUBPOENAING SOMEONE WHEN
WE WANT PEOPLE TO SHOW UP TO
COURT.
OF WEATHER IS FOR THEM TO IT TO
GAIN ACCESS TO THE JUSTICE
SYSTEM OR IN RESPONSE TO THE
COURTS ARE OTHERS ASK THEM TO
COME FORWARD AS PART OF THE
JUSTICE SYSTEM.
AS SOMEONE THAT WORKED FOR
ELEVEN YEARS.
I CAN'T TELL YOU HOW MANY TIMES
I'M A WITNESSES CAME FORWARD
VICTIMS CAME FORWARD AND MANY OF
OUR IMMIGRANTS AND THE QUESTION
WHETHER THERE WERE A DOCUMENT OR
NOT IS IRRELEVANT.
BECAUSE THEY'RE HELPING TO MAKE
OUR COMMUNITIES SAFER BY
SPEAKING UP WHEN PEOPLE WERE
VICTIMIZED IN OUR COMMUNITY.
AND SO THE LAST THING WE NEED IS
DISCONTINUED DIVISION OF IN OUR
COMMUNITY.
OF THE LAST THING WE NEED IS.
FOR US.
TO I'M HAVE OUR COURT SYSTEM OF
ALL PLACES [inaudible]
BE SUBJECT THE POLITICIZATION OF
POLITICAL THE POLITICS OF
POLITICIZATION OF OUR
IMMIGRATION POLICY AND WE ALL
HAVE TO ABIDE BY THE
CONSTITUTION THAT INCLUDES THE
WHITE HOUSE.
AND I WOULD I WOULD PROCLAIM
THAT LOCKING CHILDREN UP IS A
VIOLATION OF THE CONSTITUTION
NOT -- UP
WOULD NOT PREVENT PEOPLE FROM
ACCESSING JUSTICES OF SENATOR
LARA AS SOMEONE THAT SPENT OVER
A DECADE IT PRETTY MUCH EVERY
DAY IN THE COURTHOUSE.
THS BILL IS INCREDIBLY
IMPORTANT TO MAKE SURE THAT.
THOSE THAT ARE ACCESSING OUR
JUSTICE AS IS.
PERMITTED BY AND DEMANDED BY THE
CONSTITUTION HAS ABILITY TO DO
SO FREELY AND MOST SIGNIFICANTLY
THAT THE JUDGES HAVE SAY ABOUT
OUR COURTHOUSES ARE OPERATING
I'M REALLY GRATEFUL OUR CHIEF
JUSTICE. FOR MAKING THAT VERY
CLEAR AS WELL AND FOR YOU
SENATOR THE FOLLOWING THROUGH ON
HER SENTIMENTS AS WELL.
IF YOU MISS HARRIS.
SENATOR THANK YOU OF FOR
BRINGING THIS BILL FORWARD WHO
IT WAS JUST AS MY COLLEAGUE.
I'M SAN JOSE MENTIONED WHEN WE
HAD THE CHIEF JUSTICE THE
CALIFORNIA SUPREME COURT CHIEF
JUSTICE.
ADDRESS THE ENTIRE BOOK
LEGISLATIVE BODY THIS IS
SOMETHING SHE MENTIONED.
AND EMPHASIZED HOW IMPORTANT WAS
IT FOR GOING TO PROVIDE ACCESS
AND JUSTICE.
WE HAVE TO BE ABLE TO PROVIDE
THOSE SAFETIES FOR ANYONE COMING
THAT SHOULD BE ONE OF THOSE SAFE
PLACES SAFE HAVENS FOR ANYBODY.
ALSO WANTED TO SHARE ONE
PARTICULAR CASE WHERE THE ONLY
WITNESS TO A VERY IMPORTANT
CRIMINAL CASE [inaudible]
WASN'T UNDOCUMENTED.
AND HE WAS NOT GOING TO COME
FORWARD BECAUSE OF THE FACT THAT
THERE WAS THE ISSUE OF HIS --
IMMIGRATION STATUS.
IT WASN'T UNTIL HE WAS SURE THAT
THAT WAS NOT THE ISSUE IT WAS
HIS I WITNESS RECOUNT THAT WAS
GOING TO BE.
THE MOST IMPORTANT PART OF THAT
CASE.
HE CAME FORWARD IN IT WAS
BECAUSE OF HIS RECOUNTING OF THE
FACTS.
THAT THE PERSON THAT NEEDED TO
BE CONVICTED WAS CONVICTED.
THAT'S ANOTHER REASON WHY WE
NEED TO BE ABLE TO PROTECT
ANYBODY AND EVERYBODY THAT COMES
FORWARD.
WHETHER YOU BE A WITNESS FOR YOU
BE A VICTIM TO BE ABLE TO HAVE
TO KNOW THAT YOU ARE ENTERING A
SAVE [inaudible]
SPACE WERE THE ISSUE OF YOUR
IMMIGRATION STATUS IS NOT WHAT'S
GOING TO BE QUESTIONED IT IS
YOUR KNOWLEDGE OF IS YOUR YOUR
YOUR YOUR TESTIMONY THAT'S GOING
TO BE THE MOST IMPORTANT THING.
I AND AGAIN I DO THANK YOU FOR
BRINGING THIS FORWARD I AM PROUD
TO BE.
A CO AUTHOR OF THIS BILL WITH
YOU -- AND
THANK YOU [inaudible] TO THANK
YOU MISTER CHAIR I ALSO WANNA.
WHEN MY SUPPORT TO THIS BILL --
I CERTAINLY ALSO BELIEVE THAT IF
WE'RE GONNA HAVE REAL JUSTICE
UNDER THE LAW WE NEED TO MAKE
SURE THAT THAT IS TRUE FOR
EVERYONE.
AS A FORMER CRIMINAL PROSECUTOR
I BELIEVE FUNDAMENTALLY THAT IF
NOT EVERYONE THE COMMUNITY FEELS
LIKE THEY CAN ACCESS OUR COURTS
WE DO NOT HAVE JUSTICE FOR ALL.
AND DOES YOUR LOT OF THINGS I
THINK THAT WERE SET BY THE
OPPOSITION THAT --
I'M GONNA REFRAIN FROM
RESPONDING TO OUR ACCEPTED YOU
WANNA SAY THERE WAS THE
SUGGESTION THAT SOMEHOW IT'S NOT
CONSTITUTIONAL FOR ALL CHILDREN
TO HAVE A RIGHT TO EDUCATION AND
THAT.
WAS CLEARLY A A PINE ALREADY THE
US SUPREME COURT HAS HELD
REPEATEDLY THAT ALL CHILDREN
HAVE A RIGHT TO EDUCATION I
THINK IT'S IMPORTANT TO SET THE
RECORD STRAIGHT ON THAT BUT ALL
THAT BEING SAID WE ARE IN A ANTI
IMMIGRANT.
XENOPHOBIC TIME IMMIGRATION
STATUS AS HAS BEEN THE CASE
THROUGHOUT HISTORY IS BEING
DETERMINED AGAIN BECAUSE OF
INDIVIDUALS WHO.
ARE WHO DO NOT SUPPORT --
THE PRINCIPLE OF IMMIGRATION AND
AND THAT THE HISTORY OF
IMMIGRATION IN OUR COUNTRY
HOPEFULLY THAT WILL CHANGE AT
SOME POINT SOON BUT UNTIL THAT
HAPPENS WE NEED LAWS LIKE THIS
IN WITH THAT.
NOW IF THIS BILL IS NOT YET BEEN
MOVED HAPPEN MAKE THE MOTION OF
THE FORT THANK YOU WILL TAKE
THAT MOTION IS THEIR SECOND
SECOND.
AND A SECONDS [inaudible]
IF YOU.
THE COMMENTS FROM THE COMMITTEE
MEMBERS SEEING NONE SENATOR YOU
MAY CLOSE THANK YOU MISTER
CHAIRMAN WAS AGAIN I WANT TO
THANK YOUR STAFF FOR THEIR
DILIGENT WORK ON THIS IMPORTANT
ISSUE.
AND HELPING US IDENTIFY A WAY
FOR US TO MOVE FORWARD IN THE
SPIRIT OF OUR SO --
CALIFORNIA SUPREME COURT JUSTICE
BOB WHO BY THE WAY IS REPUBLICAN
AND ASKED FOR US.
TO CONSIDER US --
MOVING FORWARD ON LEGISLATION TO
PROTECT EVERYONE IN HER COURTS
SO RESPECTFULLY ASK YOUR AYE
WELL.
THANK YOU.
WE DO HAVE A MOTION A SECOND
MOTIONS TO PASS AS AMENDED CALL
THE ROLL PLEASE STONE BY STONE
AYE CUNNINGHAM CHAU.
CHAU AYE CHIU AYE CHIU AYE
HOLDEN.
HOLDEN AYE KALRA.
KALRA AYE KILEY.
KILEY NO MAIENSCHEIN
[inaudible]
REYES.
GREAT REYES AYE GONZALEZ
FLETCHER IS ALSO WHICH I THAT
BILLS OUT VICTIMS TERM MEMBERS
THANK YOU SENATOR.
SO WE ARE WAITING ON ONE MORE
SENATOR IF WE COULD CALL CENTER
WIENER.
IN THE MEANTIME.
LET'S GO ADD ON MEMBERS FIRST OF
ALL TO THE CONSENT AGENDA CALL
THE ABSENT MEMBERS [inaudible]
CHAU [inaudible]
CHIU.
CHIU AYE HOLDEN.
HOLDEN AYE MAIENSCHEIN
[inaudible]
OKAY.
WE'VE DEALT WITH ITEMS TWO AND
THREE LET'S GO THROUGH THE LIST
WHILE WE'RE WAITING FOR SENATOR
WIENER [inaudible]
OKAY.
I'M NUMBER TWO IS ON CALL I'M
GOING TO LIFT THE CALL THIS IS
S. B. ONE SEVENTY FOUR LARA.
CALL THE ABSENT MEMBERS
CUNNINGHAM CHAU.
CHU CHU AYE MAIENSCHEIN.
THAT BILL IS OUT.
ITEM THREE WHICH IS STILL WITH
ITEM.
FOUR S. B. TWO TWENTY FOUR
JACKSON.
OF THE ABSENT MEMBERS CHIU.
CHIU AYE HOLDEN.
HOLDEN AYE MAIENSCHEIN.
ITEM NUMBER FIVE S. B. EIGHT
TWENTY LEYVA IS ON CALL AND WIN
A LIFT THE CALL COLLAPSE
MEMBERS.
CHU CHU AYE HOLDEN.
HOLDEN AYE MAIENSCHEIN.
THAT BILL IS OUT COULD WE HAVE A
QUIET IN THE HEARING ROOM
PLEASE.
OKAY SO SENATOR WIENER.
WE'LL GO TO ITEM NUMBER ONE SP
[inaudible]
SEVENTY ONE THANK YOU
[inaudible]
SENATOR WIENER.
ITEM NUMBER ONE SP.
SEVENTY ONE THANK YOU VERY MUCH
I MISTER CHAIRMAN MEMBERS --
AND THANK YOU. FOR DO YOU USE
AFTER WORKING --
WITH US EPIDEMIOLOGISTS ARE AND
I'M HAPPY TO ACCEPT THE
COMMITTEES PROPOSED AMENDMENTS
THANK YOU --
WHICH JOB I KNOW WE'RE WORKING
JOINTLY WITH BOTH SAW POLICY
COMMITTEES AND SO WE APPRECIATE
THE COLLABORATION.
I'M S. B. SEVENTY ONE IS A BILL
OUGHT TO ADDRESS A FUNDAMENTAL
OVERSIGHT ARE RELATING TO THE
THEFT OF RECYCLABLE MATERIALS
FROM SOLID WASTE ENTERPRISES
THAT HAVE BEEN SANCTIONED BY A
LOCAL --
CITIES AND AGENCIES.
OUR CURRENT LAW DOES NOT PROVIDE
ADEQUATE DISINCENTIVE OUGHT TO
PREVENT --
ILLEGAL --
TASKS OF WASTE TOM.
VIOLATIONS ARE RARELY PROSECUTED
--
NOT ONLY BECAUSE PERPETRATORS
ARE OFTEN HARD TO IDENTIFY.
ABA BECAUSE OF HIGH LITIGATION
COSTS IT'S NOT ECONOMICALLY PLOT
VIABLE.
I'D THIS BILL WOULD THEREFORE
PROHIBIT ANY PERSON OTHER THAN A
SOLID WASTE ENTERPRISE
AUTHORIZED --
BY A SEVERE COUNTY IN REMOVING
OR TRANSPORTING SOLID WASTE.
BUT AUTHORIZES LOCAL
GOVERNMENTAL AGENCIES TO PURSUE
CIVIL ACTIONS FOR THE STUFFED.
ON THE BILL ALSO AUTHORIZES A OP
PLAINTIFF ONE OF THE HOLDING IT
--
ENTITIES OUGHT TO SUE AND IF
THEY HAVE PLAYED A PREVAILS I'VE
CIVIL ACTION THE COURT WILL THE
WORD REASONABLE ATTORNEYS FEES
AND COSTS.
ARE AND PURSUANT TO ONE OF THE
AMENDMENTS THAT WILL BE
RECIPROCAL TYPICALLY LOSE THEY
WILL HAVE TO PAY A LOT.
OF THE PLAN WILL HAVE TO PAY THE
DEFENDANT THEIR ATTORNEYS FEES.
AND ALSO WITH THE COMMITTEES ARE
AMENDMENTS THAT WERE ACCEPTING
LOCAL AGENCIES --
WILL HAVE TO BE GIVEN THE
OPPORTUNITY --
TO APPROVE OR REJECT A REQUEST
OFF FROM A HOLLER TO FILE ONE OF
THESE LAWSUITS AND SEEK --
ATTORNEY'S FEES ODD SO I'D THE
HOLDER WILL HAVE TO GO AND BASS
WE GET PERMISSION UP FROM THE
CITY BEFORE --
DOING THAT AND THIS IS A SERVER
CHECK MAKE SURE THAT WE'RE THAT
THESE ODD LAWSUITS ARE BEING
WELL.
I THOUGHT OUT BEFORE I THEY ARE
BROUGHT.
ON THE BILL ALSO HAS SPECIFIC
LANGUAGE OUGHT TO ADDRESS A
CONCERN THAT WE ALL SHARE A
WHICH IS PEOPLE WHO ARE VERY
POOR -- WHO?
WHO -- TAKE
RECYCLABLES TO MAKE THE ADS --
WE DON'T --
WE'RE NOT THIS IS NOT ABOUT
SUING THEM ARE GETTING ATTORNEYS
FEES FROM THEM THESE ARE ABOUT
IS ABOUT ORGANIZED I'VE
BASICALLY CRIMINAL
ORGANIZATIONS.
ODD THAT ARE STEALING A HUGE
AMOUNT OF RECYCLING MATERIAL.
AND SO WE PUT OUR A DOLLAR
THRESHOLD ON AS WELL AS A
REQUIREMENT THAT VEHICLES BE
INVOLVED --
AND AT THAT IS SOMETHING THAT I
THINK NONE OF US IS INTERESTED
IN AND AND GOING AFTER OF THESE
LOW INCOME INDIVIDUALS --
SO I COLLEAGUES THIS IS --
A BILL THAT I KNOW IT'S AN IDEA
THAT'S BEEN DISCUSSED FOR A LONG
TIME IN THE LEGISLATURE AND I
THINK IT'S I TIME TO TAKE ACTION
--
WE'VE WORKED THROUGH THE SPELL
WORKING OUT TO POLICY COMMITTEES
AND OF ACCEPTED VERY THOUGHTFUL
AMENDMENTS TO TRY TO ADDRESS.
OUR CONCERNS --
AND I RESPECTFULLY ASK YOUR AYE
BOAT.
AYE WITH ME TODAY I FOR IS
ARCHITECTURE FROM ECOLOGY AND
CHUCK HELD IT FROM.
OUR PUBLIC SERVICES.
THANK YOU FIRST WITH THIS
PLEASE.
CHAIR MEMBERS OF THE COMMITTEE
AND CHUCK HELD THAT RIFF THAT
REPRESENT REPUBLIC SERVICES
TODAY.
A FIRST OF ALL I'D LIKE TO THANK
YOU STAFF ON AND YOU MISTER
CHAIR IN THE STAFF IT'S NATURAL
RESOURCES COMMITTEE FORUM
SHOWING.
LOT OF PROFESSIONALISM PATIENTS
AND ASSISTANCE IN AND GETTING TO
THE AMENDS FOR THE COMMITTEE
TODAY.
OF THE CALIFORNIA SOLID WASTE
RECYCLING SYSTEMS BASED ON
SECTION FOUR DOUBLE FIVE NINE OF
PUBLIC RESOURCES CODE WHICH
AUTHORIZES LOCAL JURISDICTIONS
TO ESTABLISH SOLID WASTE
HANDLING SERVICES.
IN THE INTEREST OF PUBLIC HEALTH
AND SAFETY.
THE LAWS THAT GOVERN THE
COLLECTION PROCESSING RECYCLING
AND DISPOSAL OF SOLID WASTE A
CALIFORNIA BASED ON THE
INTEGRITY OF THE FRANCHISE
AGREEMENTS BETWEEN LOCAL
AGENCIES A SOLID WASTE
ENTERPRISES.
THE STATE'S INNOVATIVE RECYCLING
INFRASTRUCTURES BEEN PRIMARILY
FINANCED THROUGH THESE FRANCHISE
AGREEMENTS IN THE FRANCHISE
RATES ASSOCIATED WITH THOSE
AGREEMENTS.
THESE AGREEMENTS ARE THE
BACKBONE OF THE SYSTEM THAT
FINANCES THE NECESSARY RECYCLING
INFRASTRUCTURE.
THESE AGREEMENTS ALSO HELP
ENSURE THE PROPER MONITORING
REPORTING RECYCLING DISPOSALS.
SO THAT LOCAL JURISDICTIONS
STATED SHE OF THE RECYCLING
ENVIRONMENTAL GOALS OF AB NINE
THIRTY NINE OF AB EIGHTEEN
TWENTY SIX AND MORE RECENTLY S.
B..
THIRTEEN EIGHTY THREE THE RACE
ASSOCIATED WITH THOSE AGREEMENTS
ARE BASED THE ASSUMPTIONS A
SOLID WASTE AND RECYCLABLES
COVERED BY THE FRANCHISE
AGREEMENTS.
WILL IN FACT BE IN THE WAY
STREAMING WILL NOT BE STOLEN.
BILL IS NOT ABOUT BROADENING THE
SCOPE OF THESE FRANCHISE
AGREEMENTS RATHER S. B. SEVENTY
ONE PROVIDES LOCAL GOVERNMENTS
IN THE FRANCHISE HOLLERS WITH AN
ADDITIONAL.
TWO PROTECT THE RIGHTS GRANTED
AND LOCAL ORDINANCES.
THE COMMITTEE MEASUREMENTS EGGS
AT EXEMPT TRANSPORTING ORGANIC
MATERIAL TO COMMITTEE COMPOSTING
SITES FROM THE SUB CHAPTER
DEALING WITH ATTORNEYS FEES
WE'VE ALSO AGREED TO EXEMPT
HOLLERS OF EDIBLE FOOD.
AND HOLLERS OF FOOD PROCESSING.
BYPRODUCTS DESTINED FOR ANIMAL
FEED.
THIS LATTER PROVISION WAS ADDED
AFTER NGUYEN AGO SHARED
AGREEMENT ON A. B..
THIRTEEN THIRTY SIX A BILL
EXTENDING THESE BY PRODUCTS FROM
THE EXCLUDING THESE BY PRODUCTS
FROM THE DEFINITION OF SOLID
WASTE --
WILL S. B. SEVEN ONE OPEN
FLOODGATE FLOODGATES TO CIVIL
ACTIONS TO STE UNSUSPECTING
INDIVIDUALS KNOW THE AMENDMENTS
REQUIRE THAT A PLANE TO PROVIDE
WRITTEN SEASON DESIST NOTICE TO
THE OFFENDING PARTY.
COPIES OF WRITTEN NOTICE TO CAL
RECYCLING AND INFORM OUR LOCAL
JURISDICTIONS THAT WE ATTENDED
SEEK ATTORNEY'S FEES.
WE'VE ALSO AGREED TO SUNSET
PROVISION THAT WILL ALLOW THREE
YEARS TO EVALUATE EFFECT THE
EFFECTIVENESS OF THE CIVIL
ACTIONS. FOR THE ABOVE REASONS
WE ASK YOUR SUPPORT.
THANK YOU THAT'S WHAT PLEASE HAD
GOTTEN A CROP AS OF CALIFORNIANS
AGAINST WASTE.
I WENT STRONG SUPPORTER THE
SPELL WE'VE BEEN WORKING WITH
THAT THE SPONSORS OVER THE LAST
FOUR YEARS ON FINDING A SOLID
MIDDLE GROUND HERE WE THINK WE
HAVE FOUND IT.
THE BILL AS WRITTEN BASICALLY
GIVES THAT WASTE RECYCLING
INDUSTRY ANOTHER TOOL TO GO
AFTER UNSCRUPULOUS COMPETITORS.
WHO ARE NOT FOLLOWING THE SAME
RULES THAT THEY HAVE TO FOLLOW
UNDER FRANCHISE SYSTEM?
AT CALIFORNIA'S SOLID WASTE
FRANCHISES.
ARE INCREDIBLY IMPORTANT TOOL IN
ACHIEVING OUR RECYCLING GOALS
BUT ALSO OTHER ENVIRONMENTAL
GOALS INCLUDING AIR QUALITY FROM
THE FUELS USED AND TRUCKS --
LABOR PROTECTIONS AND A LOT OF
OTHER REGULATORY.
THAT THINGS THAT WE FIGHT FOR
THAT.
REALLY WOULD BE UNDERCUT IF IT
WAS AN OPEN SYSTEM AND ANYBODY
COULD --
COMPETE ENOVIA LOS COMMON
DENOMINATOR [inaudible]
S. SITUATION.
PACIFIC WE WE HAVE COMPANIES
RIGHT NOW THAT ARE NOT FOLLOWING
THE SAME REQUIREMENTS
ENVIRONMENTALLY --
FROM A LABOR PERSPECTIVE.
FROM RECYCLING PERSPECTIVE.
AND THEY OUR CEILING MATERIAL
THAT HAS LEGALLY BEEN --
ONE BY THE SOLID WASTE HAULERS
BETTER SITTING AT THE TABLE
RIGHT NOW.
AND THAT'S SITUATION THAT'S NOT
APPROPRIATE.
AND THAT'S JUST ALLOWS THEM --
TO RECOVER ATTORNEY'S FEES WHEN
THEY SU THOSE ENTITIES.
THANK YOU OF IT ALLOW ONE MORE
WITNESS TESTIMONY SHOPKEEPER
SHORT I. ERIC ATTACHED WITH
RECOLOGY --
WE PARTNER WITH OVER A HUNDRED
LOCAL JURISDICTIONS IN
CALIFORNIA PROVIDE WASTE
RECYCLING SERVICES S. B. SEVENTY
ONE IS A IN OUR VIEW IS A COMMON
SENSE PIECE OF LEGISLATION.
THAT PROTECTS OUR RATE BASES
PROTECTS LE YOU KNOW VULNERABLE
INDIVIDUALS THAT RELY ON ACCESS
TO THIS MATERIAL TO MAKE THEIR
WAY THROUGH THE DAY.
AND ALSO JUST KEEPS OUR LOCAL
PROGRAMS FISCALLY SOUND SO THAT
WE CAN PROVIDE THE MANDATED
RECYCLING ORGANIC SERVICES THAT
WERE INTENDED TO DO THANK YOU.
THANK YOU OTHERS IN SUPPORT IF
YOU'VE EVEN IF NAY MISTER
CHAIRMAN MEMBERS JOSH PANEM
BEHALF THE CALIFORNIA REFUSE
pRECYCLING COUNCIL WERE IN
STRONG
SUPPORT.
THANK YOU VERY BROAD WITH THE
TEAMSTERS AND SUPPORT CSUS ARE
WASTE.
TAKE IT AWAY WE LOSE A LOT OF
WORK DONE WITH TESTIMONY THANK
YOU DAVID AFFILIATION MARIN
THING NOW WASTE CONNECTIONS IN
SUPPORT.
THANK YOU OTHERS IN SUPPORT.
SEEING NONE IS THERE OPPOSITION.
SO COULD YOU BACKROOM THAT THE
OPPOSITION.
THANK YOU WILL BE BRIEF A DENNIS
ALBION -- UP
BOBBY HAVE THE CULVERT GRAY FEES
ASSOCIATION PACIFICUS RENDERING
ASSOCIATION.
AND IT AND A FEW OTHERS ARE THAT
THAT.
BUT RECYCLE ORGANICS ONE OF
THINK THE CHAIR AND THE
CONSULTANT FOR THEIR HARD WORK
AND ROLLED UP SLEEVES.
ON ON THIS BILL BEGIN WORSE AND
THAT IT'S MAKING PROGRESS BUT
BEGINS TO OPPOSE THEM AGAIN THE
CHAIRMAN SOME VERY GOOD POINTS
IN LAST COMMITTEE.
ON WE'RE GONNA HOW THIS WOULD
WORK.
BUT WE'RE STILL LOOKING FOR A
JUSTIFICATION OF OF WHY THESE
EXTRAORDINARY POWERS.
ARE ARE NECESSARY.
TO ADDRESS THE ISSUE OF A SOLID
WASTE THIS ISN'T THE THE OTHER
DISCUSSED [inaudible]
RECYCLING AND ENTITIES WITH LIKE
BOTTLED BILL MATERIAL FIRST
MATILDA COPPER ALL THAT THEY
HAVE ALREADY SOME EXTRAORDINARY
RULES THIS WOULD APPLY. TWO
SOLID WASTE TO REALLY GARBAGE
AND AND THOSE DETAILS SO SO
THAT'S AN ISSUE I'D LIKE.
TO JUST MAKE AN ANALOGY THAT.
OF THIS IS VERY SIMILAR TO THE
BY LITTLE CONTRACTS ARE
NEGOTIATED THE A AGREEMENTS TO
THE CITY AND THE WASTE HAULERS.
ARE REALLY KIND OF THEIR SCOPE
OF OF OF PRACTICE.
AND WHAT THIS BILL DOES IT GIVES
THESE EXTRAORDINARY POWERS.
TO A PRIVATE ENTITIES TO
ACTUALLY ENFORCE THAT THAT
CONTRACT.
UP AGAINST THIRD PARTIES AND AND
REALLY THAT WOULD BE LIKE A
SCOPE OF IT A PRACTICE OF WE
GAVE.
DOCTORS THE OPPORTUNITY TO
ENFORCE AGAINST NURSE
PRACTITIONERS ARE PHYSICIAN
ASSISTANTS THAT'S THE SAME
POWERS WHICH WE DON'T DO BY THE
WAY.
SAME BARS IN SAME AUTHORITY AND
WE THINK THAT THAT'S KIND OF AN
AWKWARD.
FEEL TO BE ABLE TO GIVE THESE
THESE THIS PRIVATE OF ACTION TO
ENTITIES TO ENFORCE AGAINST.
A OTHER PLAYERS AND IT MAY BE
USED IN A SHOT GUN MATTER SOME
WILL USE THAT ABSOLUTELY
APPROPRIATELY.
BUT THAT THEN THEY SEND OUT A
NOTICE IS THAT.
SEE SPECIFIC OR PRIVATE ENTITY
IT'S A YOU NEED.
TO OUR SIX TO DESIST EVEN IF YOU
ARE DOING [inaudible]
OF OF LEGAL ACTIVITIES
INAPPROPRIATE ACTIVITIES SO THEN
YOU HAVE TO GO TO THE AND
BASICALLY APPROVED. EIGHT YOUR
HOLLY IS LEGAL IN WITHIN THE
PARAMETERS AND SO REALLY SHIFT
THE BURDEN ON TO THE HOLLERS
THAT ARE DOING.
MATERIAL FOR FERTILIZERS
MATERIAL FOR US A HOST OF ERRORS
INCLUDING BIOFUELS ANOTHER UP
OPPORTUNITY SOAP.
BUT TODAY AGAIN WE WANT TO
COMPLEMENT THE THE THE CHERITON
STAFFER FOR MOVING THE BALL.
BUT AGAIN THERE'S STILL SOME
ISSUES OUT THERE ABOUT HOW THESE
POWERS COULD BE USED.
A ARE GOING TO FUTURE IN FOR
THEREFORE WE STILL SUPPOSED WAS
AMENDED THANK YOU.
THANK YOU THAT'S WHAT US WITH
GOOD AFTERNOON NOEL KRAMER'S
CALIFORNIA FARM BUREAU
FEDERATION I TO WANT TO EXPRESS
MY APPRECIATION. TO THE AUTHOR
IN THE COMMITTEE FOR TAKING
AMENDMENTS TO FURTHER NARROW THE
BILL HOWEVER FARM BUREAU REMAINS
OPPOSED BECAUSE DESPITE.
THE CLARIFICATION THAT UP.
BUY PRODUCTS FROM FOOD
PROCESSING GOING FOR ANIMAL FEED
WOULD BE EXCLUDED.
WEEK THERE ARE STILL PLENTY OF
PRODUCTS THAT ARE USED FOR OTHER
PURPOSES AND SO WE'RE CONCERNED
ABOUT POTENTIAL INCREASES IN
COSTS THROUGHOUT THE SYSTEM.
I'M IF IF THERE'S EFFORTS TO WHO
CAN PICK THAT UP IN AND HAUL
THOSE MATERIALS AND SO WE REMAIN
OPPOSED AT THIS POINT.
THANK YOU EFFORTLESS ATTRIBUTES
OF THE CALIFORNIA LEAGUE FOOD
PRODUCERS REPRESENTING THE FOOD
PROCESSING INDUSTRY I JUST LIKE
TO ECHO WHAT NOEL JUST SAID.
I'M OUR OUR GUYS I IN THE TOMATO
PROCESS SEEN AND IMPEACH
PROCESSING ANY PROP PROCESSING
THERE'S A LOT OF BY PRODUCTS
THAT COME OUT THE BACK AND
WHETHER IT STANDS APPEALS ARE
PETS OR WHATEVER IT IS.
THEY'RE USED FOR A VARIETY OF
DIFFERENT BENEFICIAL USES SO WE
HAVE MADE THE ARGUMENTS I HEAR
--
IN THE LEGISLATURE BUT ALSO WITH
CAL RECYCLE ABOUT MAKING SURE
THAT WE'RE NOT.
I FINING UP BY PRODUCTS THAT ARE
USED FOR BENEFICIAL USES WHETHER
IT'S ANIMAL FEED WEATHER'S FOR
SOIL AMENDMENT WHETHER IT'S FOR
BIOFUELS WHATEVER IT'S FOR THESE
ARE THINGS THAT ARE NOT PART OF
THE WASTE STREAM THEIR
BENEFICIAL USES SO OUR CONCERN
WITH THIS BILL.
IS THAT THIS IS GONNA HAVE A
WIDE BROAD DEFINITION OF WHAT
CONSTITUTES WASTE OTHER WE JUST
WANT TO MAKE SURE THAT WE'RE NOT
DISINCENTIVE VISINE --
OUR OUR GUYS FOR TAKING THINGS
TO IT FOR ANIMAL FEED AND FOR
FIRST THE SOLEMN AND ANOTHER
THING SO AS OF ALMOST FORWARD WE
WANT TO CONTINUE WORK ON SOME
DEFINITIONAL ISSUES WITH REGARD
TO MAKING SURE THE BENEFICIAL
USES ARE EXEMPTED.
THANK YOU.
THANK YOU OTHERS IN OPPOSITION
IF YOU GIVE YOUR NAME AND
AFFILIATION PLEASE CODY BOILS ON
BEHALF THE CALIFORNIA ADVANCED
BIOFUELS LINES NOT POSITION.
IF YOU ANYONE ELSE IN
OPPOSITION.
ALRIGHT SINGLE BRING IT BACK TO
THE COMMITTEE WAS CONSULTED HER.
AT I BELIEVE THIS IS NOW WITH
THESE AMENDMENTS ACCEPTED SHOULD
SEND IT TO APPROPRIATIONS I'M
HOPEFUL I JUST I'M.
GONNA SUPPORT IT TODAY
[inaudible]
I AM.
THIS IS WHY I DON'T FULLY
UNDERSTAND ON THE FARM BUREAUS
OPPOSITION BAD LIKE TO
UNDERSTAND THAT BETTER I THINK I
KIND OF UNDERSTAND IT BUT I
DIDN'T I WAS FIXATED ON
SOMETHING ELSE.
AND SO --
I'M A LITTLE CONCERNED THAT THE
FIFTY DOLLAR I'M SORRY THAT --
THE LIMIT ON INDIVIDUALS HILL
QUITE FRANKLY I'M EITHER HAVE AN
INCOME OR ARE INDIVIDUALS NOT
THAT COMPANIES WHO AUGMENT THEIR
INCOME -- BY
COLLECTING AYE RECYCLABLES --
FOR AT SOME FIFTY DOLLARS
RIGHTS.
FIVE HUNDRED DOLLARS.
IT'S A FIFTY A I'M MORE
CONCERNED [inaudible]
I WHETHER IT'S IT SEEMS AN
ACCEPTABLE NORMAL NOT THAT IS
SOMETHING THAT HAPPENS IN MY
DISTRICT WE HAVE ON RECYCLING
CENTERS IN THE MIDDLE OF HOUSING
UNFORTUNATELY AND I'M PEOPLE DO.
EITHER AUGMENT THEIR ON VERY
LIMITED --
INCOME OR SOMETIMES THAT IS
THEIR FULL INCOME --
AND IT WAS TOLD TO ME WELL YOU
KNOW IT IT THIS IS A LOT YOU
KNOW THIS WOULD BE A LOT WELL
I'VE SEEN SOME VERY.
VERY INCREDIBLE SHOPPING CARTS
WITH A NUMBER OF AND I IN I
UNDERSTAND THERE'S A BUSINESS
GIVE AND TAKE BUT I AM NOT --
I AM CONCERNED AND I NEED TO
ACTUALLY GO TALK TO SOME PEOPLE
IT MIGHT THAT DO THIS IN MY
NEIGHBORHOOD --
AND AND ENSURE THAT I FEEL
COMFORTABLE ABOUT AND THE
POSITION WE'RE PUTTING IN
INDIVIDUALS AND HILL YOU KNOW
I'M SORRY FOR THE COMPANIES THAT
LOSING OUT OF COUNTRIES LIKELY
TO MAYBE IT'S NOT THE MOST
POPULAR POSITION TO BE.
ADVOCATING --
FOR FOLKS OFTEN HILL I'M.
YOU KNOW ARE NOT IN THE
MAINSTREAM OF SOCIETY BUT OUR
EYES SOMETIMES AS GOING.
THROUGH THE NEIGHBORHOODS AND
COLLECTING RECYCLABLES SO AT BUT
I I I I I DON'T DISAGREE WITH
YOU I'M ALSOEXTREMELY EVER
HAPPENS IN MY BUT YOU PROBABLY
ALMOST EVERYONE'S DISTRICT THAT
I KNOW I I SEE IT IN MY OWN.
NEIGHBORHOOD ESPECIALLY SENIORS
WHO ARE CLEARLY LOW INCOME INNER
OPTUS TRYING TO EKE OUT A LIVING
AND I'M THAT THOSE ARE NOT THE
PEOPLE THAT I'M INTERESTED IN.
ANYWAY ENFORCING AGAINST I
THOUGHT I WILL SAY FOR THOUGHTS
FIFTY DOLLARS A DAY.
SO IT'S NOT LIKE IT YOU KNOW FOR
PEOPLE WHO ARE DOING IT OVER A
PERIOD TIME MINUTES SO IT'S IT'S
IT'S PER DAY TO START.
BE CLEAR ON THAT I'M ALSO IN V.
I..
SET UP THE DIFFERENT.
A SIMILAR VERSION OF THE SPELL
WITH HAVING LAST YEAR SOME
MEMBERS --
SUMMONED OUT SALAS I HAD A BILL
THAT WAS --
BE.
ELEVEN FORTY SEVEN AND ONE OF
THE AMENDMENTS THAT --
THE AUTHOR IN SPORTS IS
NEGOTIATED WITH IT'S GO
COALITION ON HOMELESSNESS WHICH
WILL FIGHT. TO THE DEATH --
TO PROTECT THE ABILITY OF VERY
LOW INCOME HOMELESS PEOPLE TO
COLLECT RECYCLABLES TO BE ABLE
TO EAT AND AND LIVE.
AYE THAT THEY ARE THE FIFTY
DOLLAR PER DAY LIMIT WAS
NEGOTIATED WITH THE SAN
FRANCISCO COALITION ON
HOMELESSNESS --
AND AT A BROUGHT HIM TO SUBMIT
THE ENDORSED THE BILL.
I AFTER THAT SO AYE WE'RE HAPPY
TO CONTINUE THAT DIALOGUE --
AND I RIGHT NOW I'M VERY
SENSITIVE TO WHAT YOU'RE RAISING
IN THAT YOU KNOW AND MAYBE I I
DON'T KNOW AND I I'M GONNA GO
DURING USE MY BREAK TO GO TALK
TO SOME FOLKS IN AND THE
DISTRICT.
BECAUSE I DON'T KNOW HOW MUCH --
THERE.
UTILIZING THIS PER DAY --
IT MAY BE THAT WE HAVE FEWER
PEOPLE COLLECTING BUT THEY'RE
COLLECTING MORE IN OUR AREA --
BECAUSE I HAVE TO TELL YOU ON A
DAILY BASIS LACE ON MY FRIDAYS
WHEN I MY WELCOMING PEOPLE.
TO COME GET MY CANS --
THERE THERE'S THERE'S A FEW
PEOPLE AT LEAST IN MY AREA WHO I
THINK ARE MAKING PROBABLY ARE
ACTUALLY THERE.
SUBSTATION IN THEIR LIFE BY THAT
SO I JUST WANNA MAKE SURE THAT
FIFTY DOLLARS I I DON'T KNOW IF
ITS THE RIGHT NUMBER OR NOT I
JUST DON'T WANT SOMEBODY --
PENALIZED NAM.
IT'S THAT'S ONLY WHAT THEY HAVE
AVAILABLE TO THEM I KNOW I KNOW
IT'S SENSITIVE AND BUT I GROUP
BY GROUP YOU 100% AND ODD LOOK
LOOK MINE WE MAYBE AFTER THE
RECESS TECHNICAL NOW TO SAN
DIEGO AND WOULD LOVE IT IF YOU'D
LIKE A LOT OF HYPE AROUND.
BUDDY A LOGIN AND WELL WE'LL GO
TALK TO SOME FOLKS THAT THEY I
APPRECIATE THAT AND I WOULD LOVE
TO THEM BUT ALSO THAT ONE OF THE
ONE OF THE MOMENTS THAT WE TOOK.
BECAUSE YOU HAVE TO NOT GET
PERMISSION.
FROM YOUR THE LOCAL AGENCY.
BEFORE YOU MAKE THAT BEFORE THEY
CAN FILE SUIT THAT'S JUST AN
ADDITIONAL CHUCK COULD ASSUME
THAT MOST CITIES ARE NOT GONNA
WANNA AUTHORIZED SUITS AGAINST
[inaudible]
POOR PEOPLE.
BUT YOU HOPE NOT.
BUT THANK YOU THINKING.
RESEARCH YOU AND THEN HIS
VARIOUS THANK YOU WANNA THANK
THE AUTHOR FOR BRINGING THIS
FORWARD AND I'D HEARD FROM THE
OPPOSITION --
THAT THERE IS SOME CONFUSION
AROUND THE JUSTIFICATION AND I
WILL CERTAINLY ATTEST FROM MY
PERSPECTIVE.
I HAVE PERSONALLY SEEN UP SOME
OF THESE LARGE SCALE CRIMINAL
ENTERPRISES THAT ARE TROLLING
URBAN STREETS --
IN THE MIDDLE THE NIGHT I AND
AND OPENLY OPERATING AND IN OUR
COMMUNITIES THAT HAVE DESIGNATED
ROUTES AND COLLECTION DAYS --
AND AND AND I'VE SEEN THIS THE
AUTHOR IS TRYING ADDRESS A VERY.
REAL N. LONG STAND IN FRANKLY A
VERY DIFFICULT ISSUE OUT TO DEAL
WITH AND I THINK YOU'VE STRUCK
THE RIGHT BALANCE ON ON TWO
FRONTS WITH.
YOUR EXEMPTION AROUND BYPRODUCTS
OF AGRICULTURE AND SOUNDS LIKE
THERE'S GONNA BE ADDITIONAL
CONVERSATION ON THAT BUT THAT
SEEMS THE RIGHT STRUCTURE TO
DEAL WITH.
THAT LEVEL OF OPPOSITION AND I
WILL STATE OR A COLLEAGUE FROM
SAN DIEGO --
DE THE SENATOR MENTIONED COMING
TO TERMS WITH THE COALITION ON
HOMELESSNESS --
CENTER AND THIS ORGANIZATION ARE
NOT ALWAYS ON THE SAME PAGE SO
THE FACT THAT THEY WERE ABLE TO
GET THERE ON THIS ISSUE --
WAS GREAT AND DIE AND I THINK A
TESTAMENT TWO UP TO TWO WHETHER
THE RIGHT BALANCE IS BEEN STRUCK
AT LEAST IN OUR URBAN CITIES BUT
CERTAINLY I THINK THE STRUCTURES
THERE. TO EXEMPT OUT LOW INCOME
FOLKS AND HOMELESS FOLKS WHO WHO
MAY BE FORCED --
TO TO ENGAGE IN THIS ACTIVITY
BUT TO MAKE SURE THAT WE'VE GOT
TOOLS AS CITIES ARE AND WITHIN
THE INDUSTRY TO ADDRESS --
THE THE LARGE SCALE CRIMINAL
ENTERPRISES THAT WE SEE SO WITH
THAT HAPPENED MOVE THIS BILL FOR
DEAD.
THANK EVERYONE FOR THE
DISCUSSION NEW YORK THINK THAT
IS A MOTION IS THERE SECONDS.
AND THE SECOND THANK YOU HIS
ARREST IN THE MISTER HOLDEN.
THANK YOU AYE TO THANK YOU.
CLEARLY YOU HAVE SEEN THE NEED
TO ADDRESS A SERIOUS ISSUE --
AND THIS IS THE WAY TO ADDRESS
IT.
THERE WERE FEW CONCERNS AND I
WANT TO TO SHARE THE CONCERN OF
MY COLLEAGUE FROM SAN DIEGO.
A THAT WAS ONE OF THE CALLS THAT
I RECEIVED FROM THE COMMUNITY IS
THAT THEY WANTED TO BE SURE THIS
IS NOT DISCRIMINATORY AGAINST
THE POOR.
BECAUSE WE DO KNOW THAT.
THIS IS SOMETHING THAT THEY USED
TO TO SUPPLEMENT THEIR INCOME.
AND TO TO BE ABLE TO LIVE. TO BE
ABLE TO LIVE.
A ANOTHER --
CONCERN WAS THAT IT MAY PROHIBIT
COLLECTING OF SOURCE SEPARATED
[inaudible]
CEREALS [inaudible]
AND TO MAKE SURE THAT THAT IS
SOMETHING THAT THAT IS ADDRESSED
--
AS WE MOVE FORWARD.
IT'S SOMETHING THAT WAS
COMMENTED ON WAS.
BUT BEFORE I GET TO THAT --
IT.
THE THE AMENDMENT AS NOTED BY
ASSEMBLYMEMBER TRUE.
ABOUT OF THESE BY PRODUCTS I
THINK IS GOOD AYE IT MAY NOT GO
FAR ENOUGH THOUGH. FOR OTHER
AGRICULTURAL PRODUCERS JUST AS
WAS MENTIONED BY. ONE OF THE
WITNESSES --
FROM THE OPPOSITION --
IT.
SO FOR TALKING ABOUT ADDRESSING
THEFT RINGS OR VOTE OR WORSE.
MEET HAVE SOMETHING GET IT AT
THE HAZARD BEEN THE THEFT RING
THAT HAS BEEN IDENTIFIED FOR
OTHER AGRICULTURAL HOME
BYPRODUCTS OR AT ANOTHER ONE
THAT WAS MENTIONED.
EITHER TODAY OR IN PERSON THAT
LITERATURE WAS KITCHEN GREASE.
IT IF THAT ISN'T IT AS BIG AN
ISSUE WHY NOT EXEMPT
[inaudible]
THOSE GROUPS I WOULD BE ONE OF
THE QUESTIONS --
AND THE OTHER.
COMMENT WAS MADE AND I'D NOTED
HERE EXTRAORDINARY POWERS.
AND I DID GET THAT --
GRANTING EXTRAORDINARY POWERS
AND MAKING SURE THAT THERE IS A
CHECKS AND BALANCES --
PACIFIC WE WHAT WE'RE TALKING
ABOUT THE SMALLER.
HOLLERS --
THAT MAY HAVE THOSE CONTRACTS O.
DIDN'T MAKING SURE THAT WE DO
ADDRESS THAT SPECIFICALLY --
BUT VERY.
SO MY ONE QUESTION THEM.
BESIDES THE OTHERS THAT WERE
MOSTLY COMMENTS.
IS ABOUT PERHAPS PROVIDING AN
EXEMPTION.
AND ADDITIONAL EXEMPTION FOR
OTHER FARM RELATED ORGANIC WASTE
AND KITCHEN GREASE [inaudible]
A SO OUR PRISM I UNDERSTAND IS
THAT THE SMALLER HOLLER
SMALLHOLDERS OR AN ARM BOARD
WITH DEVELOPER NOT.
MISTAKEN CIGARETTE NECESSARY
THAT THE LARGE ON THE SMOG OF
SUPPORTING THE THE BILL IN TERMS
OF IT CAN RESULT THE WEATHER
TODAY RESPOND BY.
YOU KNOW ULTIMATELY THESE LOCAL
FRANCHISE AGREEMENTS ARE
NEGOTIATED BETWEEN TYPICALLY A
CITY OR AGENCY OF A CITY.
AND HOLLER THEY NEGOTIATE
BEGUSARAI WHAT'S WITHIN THE
SCOPE OF THE WHOLE HOLDING.
AND AND WHAT'S NOT.
AYE AND SO AND THEN THE HOLLER
--
BASIC PAVE.
A A FEE TO THE CITY AND IS ABLE
TO THEN GO THROUGH ITS BUSINESS
OF COLLECTING ARE AND ITS
BUSINESS MODEL.
AYE AND SO IF THE CITY HAS
CHOSEN TO INCLUDE SAID GREECE
ABOUT PART THAT'LL HAVE --
TO BUT IF THEY HAVE NOT SORT OF
PART OF THE PART OF THE THAT
ARRANGEMENT THAT'S BEEN
NEGOTIATED --
BY OUT WE ARE GOING TO CONTINUE
TO WORK WITH WITH AYE AND YOU
KNOW WHAT WOULD HAVE GOOD
CONVERSATIONS AND WILL.
PUT UP A CONTINUED UP BUT WE CAN
PROBABLY.
E. M. ISRAEL'S THE BOMB.
THE HAULING FOR RENDERING
[inaudible]
AND RESTAURANTS HIS A HUGE AREA
OF ORGANIZED CRIME --
WHERE?
PEOPLE GO AROUND IN THE MIDDLE
OF THE NIGHT AND STEAL IT IT'S A
MAJOR ISSUE SO WE WOULD.
WE NOT WANT TO SEE THAT
EXEMPTED.
FROM THE BILL.
JUST ON THE ISSUE OF
EXTRAORDINARY POWERS JUST WANNA
CLARIFY WE NOW HAVE THE ABILITY
TO BRING ECONOMIC INTERFERENCE
LAWSUITS TO FOLKS THAT ARE.
INFRINGING ON FRANCHISES OR
STILL RECITE BOTH THIS IS JUST
ABOUT BEING A RECOVER THOSE
ATTORNEYS FEES SO I'M NOT SURE
FACT AND IS CONSIDERED AN
EXTRAORDINARY POWER.
BUT THE IDEA OF BEING ABLE TO
BRING THESE LAWSUITS IS
SOMETHING WE ALREADY HAVE UNDER
THE LAW.
RIGHT IN THAT IT REQUIRES.
THE SMALL HALL HOLLERS THEN TO
HAVE TO GET ATTORNEYS TO DEFEND
EVEN IF THEY DO HAVE THEIR OWN
CONTRACT IT IT'S JUST THE IDEA
OF HAVING.
IT WILL BE THAT I WOULD NOT
TAKING THAT PHRASE AWAY FROM
SOMEBODY ELSE WHO WOULD TESTIFY
TO THAT.
BUT IT JUST SEEMS LIKE
EXTRAORDINARY POWERS --
BUT WITHOUT A DOUBT TO A MISTER
BECAUSE OF SENATOR WIENER I WILL
BE SUPPORTING THIS TODAY BUT I
WILL BE LOOKING AT IT FURTHER.
BEFORE COMES TO THE FLOOR AND
ALSO IN APPROPRIATIONS WHERE I
WILL SEE IT NEXT.
THANK YOU MISTER HOLA.
THANK YOU SO CHAIR OF THE I JUST
WANTED TO ADD --
MOVE THE COMMITTEE ANALYSIS I
THINK DOES A GOOD JOB OF
REFERRING TO THE ISSUES THAT WE
WERE TRYING TO ADDRESS IN TWO
THOUSAND FOURTEEN WITH THE BILL
THAT WE PRESENT AND THAT'S
FIFTEEN SIXTY SIX BECAUSE OF THE
ISSUE OF A LEGAL HAULING OF WAY
OF RENDERING.
OF THOUGHT INEDIBLE KITCHEN
GREASE RECOGNIZE THAT THOSE IN
THE COMMUNITY THAT WERE
BASICALLY --
STEALING --
VERSUS THE LEGITIMATE HAULERS
THE BILL IS DESIGNED TO ADDRESS
THAT AND GIVE SOME OF LEGAL
OVERSIGHT THERE.
AS I GUESS THE QUESTION TO THE
THE QUESTION OF THE HOPE IS THAT
YOU CONTINUE TO WORK WITH THE
INDUSTRY.
OF TO MAKE SURE THAT THE
LEGITIMATE HOLLERS AND THOSE WHO
ARE --
PLAYING BY THE RULES TRYING TO
DO THE RIGHT THING ARE --
NOT CAUGHT UP IN A SITUATION
WHERE THERE'S A POTENTIAL FOR
INCREASED LITIGATION AS THE A
REPORT DESCRIBES SO THAT THEY'RE
NOT THERE HELD HARMLESS IN THIS.
FURTHER QUESTIONS HOUSE WAS
MENTIONED YEAH IDEA.
THANKS FOR BRINGING THIS BILL --
I DEFINITELY SEE THAT THE NEED
FOR I THINK IT'S SIDE YOU KNOW
LIFE.
INITIALLY READ IT IT'S SOMETHING
OUT JELLY.
BE SUPPORTIVE OF PRESENTATION
HAS MAYBE.
SLIGHTLY CONFUSED ME A LITTLE
BIT ON IT --
SIDE I WOULD BE INTERESTED --
I AM DESPERATE TODAY I KNOW IT'S
GOING TO APPROACH US I CAN'T
REMEMBER WHO THE CHAIR OF
APPROACHES DRIVE.
UP -- BUT I
KNOW I DON'T KNOW SO I KNOW
SHE'S VERY THOROUGH --
AND AND DIED HAS SOME THOUGHTS
ON THIS.
AT AT AS WELL SO I'M CERTAINLY
TRUSTING TURN HER --
ABILITY TO TO MODIFY IT A
APPROPRIATELY.
SO I WILL SUPPORT AND ALSO BE
INTERESTED IN SOME THE
PROPONENTS SAY THAT I SON HAD
BEEN INTERESTED IN CHATTING WITH
THEM IF THEY WANNA STEP BY A
MILE OFFICER DEFINE OVER THE
BREAK IN AND HAVE A CHANCE TO
CHECK THAT.
INITIALLY SEEMS TO BE SOME SORT
OF DISCONNECT ON HOW DE HOW.
HOW THIS COMES TOGETHER AT LEAST
IN MY MIND SO I WILL SUPPORT IT
TODAY AND TO MAKE SURE THAT IT
HELPS TO HELP MOVE IT FORWARD
AND THEN NOT BUT ONCE IT COMES
TO THE FLOOR?
I SEE IT SEE HOW IT'S GONNA COME
TOGETHER SO THANK YOU THANK YOU
[inaudible]
ALRIGHT SO ONE OF THAT.
THIS ISSUE IS ACTUALLY FAIRLY
DIFFERENT IN AN URBAN SETTING IN
A RURAL SETTING IN AND THEN A
RURAL SETTING WITH A LOT OF
AGRICULTURE.
AND ONE OF THE REASONS THAT WE
WANTED THE LOCAL AGENCY INVOLVED
WHETHER WAS A SENIOR COUNTIES
BECAUSE THEY ISSUE THE THE
FRANCHISE AGREEMENT.
THEY'RE THE ONES WHO ALSO HAVE
THE BEST PROBABLY THE BEST
UNDERSTANDING.
OF THE LAY OF THE LAND WHO'S
COLLECTING WHO'S NOT COLLECTING
AND WHY.
SORT FRANCHISE AGREEMENTS ARE
ENTERED INTO BY THE LOCAL
JURISDICTION.
ACTUALLY TAKING SOME OF THAT
INTO ACCOUNT [inaudible]
THERE ARE.
ANCILLARY GROUPS WHO HAVE HAVE A
LONG HISTORY OF COLLECTING WITH
THIS RECYCLABLES ARE CARDBOARD
KANSEN THINGS.
THAT'S ALL TAKING INTO ACCOUNT
WHEN IN SO.
IDEALLY ONE IN FRANCHISE
AGREEMENT.
IS ISSUED SO THEY'RE IN A GOOD
POSITION TO ESSENTIALLY ARBITER
THIS.
AND THAT'S ONE OF THE CHECKS AND
BALANCES WE WANTED TO PUT IN
HERE.
THAT'S WHY THAT WAS IMPORTANT SO
THAT.
BEFORE SOMEONE IS.
ON THE WRONG END OF THIS THAT
THAT THE LOCAL JURISDICTION HAS
HE BELIEVES THEY OWE I
UNDERSTAND WHY THAT'S HAPPENING
THAT'S OKAY WITH US [inaudible]
AND WE'RE TRYING.
TO DO SOMETHING STATEWIDE THAT
IS AT COULD BE VERY DIFFERENT
DEPENDING ON THE REGION IT COMES
FROM SO WE'RE TRYING.
TO I FIND THAT AND THEN DEALING
WITH AGRICULTURE THERE AGAIN
LOTS OF DIFFERENT NESTS.
POTENTIALLY MOVING PARTS THERE'S
LOTS OF DIFFERENT LEVELS OF
VALUE OF MATERIALS THAT ARE
COLLECTED AND DISTRIBUTED.
SO IT'S IT'S A COMPLEX AREA
WHICH IS WHY I THINK THESE KINDS
OF BILLS.
ALRIGHT SENATOR YOU MAY CLOSE.
I EARLY APPRECIATE PARA OF
GETTING USED TO A VERY
THOUGHTFUL FEEDBACK FROM THIS
COMMITTEE HAVE HAD A FEW BILLS
HERE THIS YEAR ANDI MEAN THAT
VERY SERIOUS THE APPRECIATE.
THE DIALOGUE WILL CONTINUE --
TO HAVE DIALOGUE WITH THE
OPPONENTS --
WILL WILL WORK GONE THROUGH
EVERYTHING WE CAN TO BRING THE
BEST DEAL POSSIBLE TO THE FLOOR
AND I RESPECT WESTERN AYE VOTE.
THANK YOU.
AYE WE ALREADY HAVE A MOTION AND
A SECOND DO YOU PASS AS A
MEDICAL ROW PLEASE STONE BY
STONE AYE CUNNINGHAM CHAU.
JOE I CHIU.
CHIU AYE HOLDEN.
HOLDEN I KALRA [inaudible]
KILEY [inaudible]
MAIENSCHEIN.
MAIENSCHEIN I REYES.
REYES AYE GONZALEZ FLETCHER.
GONZALEZ FLETCHER AYE.
OKAY THAT BILL IS OUT THAT WE
HAVE QUITE A BIT OF BUSINESS TO
DO WE HAVE SEVERAL BILLS WHO ARE
ON THAT ARE ON CALL.
SO MEMBERS PLEASE DON'T LEAVE IF
WE CAN GET MISTER CUNNINGHAM
BACK WE CAN FINISH OF OUR
BUSINESS I'M GONNA START BY
LIFTING THE CALL ON A ON SEVERAL
BILLS AND THEN WE'LL GO THROUGH
THE LIST.
ITEM NUMBER EIGHT IS ON CALL
THAT IS S. B. TEN TWELVE
HERTZBERG I'M GONNA LIFT THE
CALL CURRENT VOTERS FORTY ONE
CALLED THE ABSENT MEMBERS CHAO.
SHALL I CHIU.
CHU I HOLD IT.
HOLDEN AYE MAIENSCHEIN.
MENTION I REYES REYES I THAT
BILL IS OUT ITEM NUMBER FIFTEEN
IS ON CALL THAT IS S. B.
FOURTEEN FIFTY THREE MCGUIRE.
I WILL LIFT THE CALL CALL THE
ABSENT MEMBERS CHAO.
CHOW I CHIU.
CHIU AYE HOLDEN.
HOLDEN AYE MAIENSCHEIN.
MAIENSCHEIN AYE RADIUS REYES AYE
[inaudible]
OKAY --
ALRIGHT OTHER BILLS ON CALL ITEM
NUMBER [inaudible]
WELL.
OBSESSED FIFTEEN IS OUT I'M
NUMBER ELEVEN IS ON CALL IN THE
LIFT THE CALL THAT IS S. B.
ELEVEN TWENTY SEVEN HILL CALL
THE ABSENT MEMBERS [inaudible]
CHIU.
CHIU AYE HOLDEN.
HOLDEN AYE MAIENSCHEIN
MAIENSCHEIN NO.
THAT BILL IS OUT ITEM NUMBER
TWELVE IS ON CALL S. B. ELEVEN
TWENTY EIGHT ROTH I'M GOING TO
LIFT THE CALL CALL THE OF SOME
MEMBERS CHIU.
CHIU AYE HOLDEN.
HOLDEN AYE MAIENSCHEIN
[inaudible]
MENTION I THAT BILL IS OUT ITEM
NUMBER FOURTEEN IS ON CALL S. B.
TWELVE SIXTY FIVE WIECKOWSKI.
MIDDLE IF THE CALL BECAUSE IF
MEMBERS CHAU.
SHALL I CHU CHU AYE HOLDEN.
HOLDEN AYE MAIENSCHEIN
[inaudible]
MAIENSCHEIN NO.
THAT BILL IS OUT.
ALRIGHT I'M GONNA GO THROUGH ALL
OF THIS MAKE SURE ANY WE WE GET
EVERYBODY ADDED ON ALL THE BILLS
ARE OUT OTHERWISE CONSENTS.
BECAUSE IF THE MEMBERS CHOW CHOW
I MAIENSCHEIN MEAN CHINA.
OKAY STARTING WITH ITEM NUMBER
ONE SB SEVENTY ONE WIENER CALL
THE ABSENT MEMBERS.
OKAY ITEM NUMBER. TWO S. B. ONE
SEVENTY FOUR LARA [inaudible]
CUNNINGHAM CHAU.
CHAU I MAIENSCHEIN MAIENSCHEIN
NO.
ITEM NUMBER THREE SB ONE EIGHTY
THREE LARA [inaudible]
CUNNINGHAM.
MAIENSCHEIN MAIENSCHEIN I ITEM
NUMBER FOUR S. B. TWO TWENTY
FOUR JACKSON [inaudible]
MAIENSCHEIN [inaudible]
MAIENSCHEIN I ITEM NUMBER SIX S.
B. EIGHT TWENTY LEYVA.
I'M SORRY I DON'T --
I REMEMBER FIVE S. B..
EIGHT TWENTY LEYVA MAIENSCHEIN
MAIENSCHEIN I ITEM NUMBER SIX S.
B. NINE FIFTY FOUR WIECKOWSKI
[inaudible]
CHAU.
CHAO AYE CHIU.
CHIU AYE HOLDEN.
HOLDEN AYE MAIENSCHEIN
MAIENSCHEIN I ITEM NUMBER SEVEN
S. B. NINE SIXTY NINE DODD
[inaudible]
CHIU.
CHIU AYE HOLDEN.
HOLDEN AYE MAIENSCHEIN
[inaudible]
MAIENSCHEIN I ITEM NUMBER EIGHT
SP TEN TWELVE HERTZBERG.
THAT ARE VERY ON THAT ONE ITEM
NUMBER NINE SP TEN SIXTEEN ALAN
CHIU.
CHIU AYE HOLDEN.
HOLDEN I'D MAIENSCHEIN.
ITEM NUMBER [inaudible]
NINE MAIENSCHEIN I ITEM NUMBER
TEN SP TEN THIRTY EIGHT LEYVA
[inaudible]
CHIU.
CHIU AYE HOLDEN.
HOLDEN AYE MAIENSCHEIN MENTIONED
I ITEM NUMBER ELEVEN S. B.
ELEVEN TWENTY SEVEN HELL.
AT EVERY ON THAT ONE ITEM NUMBER
TWELVE S. B. ELEVEN TWENTY EIGHT
ROTH WE HAVE EVERYBODY.
ITEM THIRTEEN OF US SB ELEVEN
TWENTY NINE MONNING [inaudible]
CHIU.
CHIU AYE HOLDEN.
HOLDEN AYE MAIENSCHEIN.
MAIENSCHEIN I YES.
ITEM NUMBER OF FOURTEEN WE HAVE
EVERYBODY ITEM NUMBER.
FIFTEEN WE HAVE EVERYBODY I'VE
EVER.
SIXTEEN S. C. R. NINETY ONE ROTH
[inaudible]
CHIU.
CHIU AYE HOLDEN [inaudible]
MAIENSCHEIN.
MAIENSCHEIN AYE HOLDEN AYE.
THOSE THIS YEAR [inaudible]
NINETY ONE HOURS
.
OKAY MISTER KALRA SP SEVENTY ONE
WIENER [inaudible]
CUNNINGHAM KALRA [inaudible]
KALRA AYE.
ALRIGHT THAT CONCLUDES OUR
BUSINESS FOR TODAY THANKS
EVERYONE FOR HANG IN IT WE ARE
ADJOURNED