STARTED -- THIS IS PRIVACY AND
CONSUMER PROTECTION COMMITTEE
HEARING OFF APRIL TWENTY THIRD.
TODAY WE HAVE A TOTAL OF TWENTY
FIVE BILLS. SIX OF WHICH ARE ON
PROPOSED CONSENT.
AND THIS IS HOW WE GONNA DO IT
THE WE GONNA START OFF WITH ALL
THE BILLS -- RELATED TO SEE CPA
CALIFORNIA CONSUMER PRIVACY ACT --
AND THAT THEREFORE THAT THE WE
HAVE A TOTAL OF TEN BILLS.
WELL ONE OF THE WHICH IS ON
CONSENT SO.
ON WE ARE GOING TO START WITH I
THINK MR DALY WHO JUST STEPPED
OUT SO WHEN A SOON AS HE GETS
AND THEN WE'LL START.
AND WE'RE GONNA START AS A SUB
COMMITTEE BECAUSE WE DON'T HAVE
A QUORUM IS YET -- WE ARE.
WILL START AS SOON AS AS A
MISTER DALY COMES BACK IN.
I THANK YOU ALL FOR YOUR
PATIENCE BECAUSE OF PUBLIC
SAFETY TOOK A LITTLE LONGER THAN.
ON ONE THIRTY SO WELCOME MR
DAILY A TO OUR COMMITTEE I
BELIEVE YOU HAVE AB.
NINE EIGHTY ONE THANK YOU MISTER
CHAIR AND COMMITTEE MEMBERS. TO
BEGIN I AM ACCEPTING THE
AMENDMENT SUGGESTED ON PAGE
EIGHTEEN IN THE ANALYSIS.
I INTRODUCED THIS BILL TO OPEN A
CONVERSATION BETWEEN THE
INSURANCE INDUSTRY.
AND PRIVACY ADVOCATES I SHOULD
SAY AMONG ALL THOSE FOLKS. TO
FIND A WAY TO CONTINUE THE
REGULATION OF INSURANCE PRIVACY
BY THE INSURANCE COMMISSIONER.
WHICH HAS BEEN OUR PRACTICE FOR
DECADES IN THE STATE WITH THE
INSURANCE COMMISSIONER.
LEADS THAT REGULATION OF
INSURANCE PRIVACY.
CALIFORNIA'S INSURANCE PRIVACY
LAWS ARE SHOWING THEIR AGE
HOWEVER.
PASSAGE OF THE CCP A IS PROMPTED
NEW CONSIDERATION ON HOW WE GO
ABOUT PROTECTING CONSUMER
PRIVACY.
DISCUSSIONS WITH THE PRIVACY
ORGANIZATIONS HAVE BEEN
THOUGHTFUL AND CONSTRUCTIVE AND
WE APPRECIATE [inaudible]
THEIR PARTICIPATION.
I WOULD LIKE TO MOVE THIS BILL
TODAY AND ALLOW THOSE
DISCUSSIONS.
WITH THE PRIVACY ORGANIZATIONS
TO CONTINUE.
JOHN SHURIKEN FROM THE
ASSOCIATION OF CALIFORNIA LIFE
AND HEALTH INSURANCE COMPANIES.
IS HERE. TO SPEAK IN SUPPORT AS
IS -- BRAD WINNER.
FROM THE AMERICAN WHICH OFFICERS
SEC YEAH FROM THE SAME
ASSOCIATION.
THERE'S MARK SECTOR AREAS.
MARCH FROM THE AMERICAN PROPERTY
AND CASUALTY INSURANCE
ASSOCIATION SO.
THANK YOU FOR BEARING WITH ME
AND MY WITNESSES WILL SPEAK
THANK YOU VERY MUCH MISS TERRY
FOR WE GO TO OUR FIRST WITNESS
SO I LIKE TO ESTABLISH A QUORUM
MADAM SECRETARY PLEASE CALL THE
ROLL.
SO HERE [inaudible]
HIGHLY THERE [inaudible]
BAUER-KAHAN [inaudible]
CALDERON [inaudible]
GABRIEL [inaudible]
GALLAGHER [inaudible]
IRWIN [inaudible]
OBERNOLTE [inaudible]
SMITH [inaudible]
WHEN?
SO IF I COULD ALSO OUR TOP
TODAY'S THE CONSENT AGENDA LIKE
TO ENTERTAIN A MOTION TO ADOPT
TODAY'S A TOM MADAM SECRETARY
PLEASE CALL THE ROLL ON THE
CONSENT ITEMS.
CHAO.
HI SO I KILEY.
KILEY AYE BAUER CAM HI
BAUER-KAHAN HI BERMAN.
CALDERON [inaudible]
APRIL [inaudible]
GALLAGHER.
GALLAGHER I IRWIN [inaudible]
OBERNOLTE.
OBERNOLTE I SMITH SMITH I WICKS.
THANK YOU VERY MUCH I'LL THE
ITEMS ARE AB THIRTEEN FIFTY FIVE
CHAU A. B. FIVE NINETY SIX
GRAYSON AB SEVEN TWENTY EIGHT
SANTIAGO.
AB THIRTEEN SEVENTY SIX RAMOS A.
B. FIFTEEN SIXTY SIX TROUT AB
FIFTEEN SEVENTY SIX ALL CALDERON.
ARE ONE OTHER ANNOUNCEMENT
BEFORE WE GO TO A WITNESSES --
UP ITEM -- TEN AB SEVENTEEN
SIXTY WICKS HAS BEEN POLL BY THE
AUTHOR SO WITH THAT WELCOME TO
OUR WITNESSES SO YOU MAY BEGIN.
THANK YOU MISTER CHAIRMAN BRIDGE
JOHN STREAKING WITH THIS -- CH
AND CALIFORNIA LIFE AND HEALTH
INSURANCE COMPANIES MR DALY DID
A GOOD JOB AT SUMMARIZING THE
BILL IN OUR EFFORTS SO I'LL KEEP
MY COMMENTS SHORT TODAY -- THE
PRIMARY PURPOSE AND GOAL OF AB
NINETEEN NINETY TWO ONE IS TO
KEEP THE REGULATION OF INSURANCE
UNDER THE PURVIEW OF THE
COMMISSIONER LARA AND THE
DEPARTMENT OF INSURANCE.
AS INDICATED IN THE COMMITTEE
ANALYSIS WE'RE TRYING TO DO THIS
BY RECONCILING THE DIFFERENCES
BETWEEN OUR EXISTING LAWS AND
REGULATIONS.
KNOWN AS THE INSURANCE
INFORMATION PRIVACY PROTECTION
ACT AND THOSE OF THE CZ PA.
SO THE BILL IN FRONT OF YOU
REPRESENTS WE'VE BEEN ABLE TO
COME UP SO FAR BUT IT STILL
REMAINS A WORK IN PROGRESS OR
ASKING YOU TO MOVE THIS BILL
TODAY SO WE CAN CAN YOU
DISCUSSIONS.
RESPECTFULLY ASK FOR AYE VOTE
AND HAPPY TO ANSWER ANY
QUESTIONS YOU MAY HAVE.
THANKS VERY MUCH A NEXT WITNESS
PLEASE YES RED WINGER ALSO WITH
THE ASSOCIATION CALIFORNIA LIFE
AND HEALTH INSURANCE COMPANIES.
AND DID THE LAW THAT YOU.
ARE LOOKING AT TODAY THE I. P.
A. -- WAS PUT IN PLACE -- IN IN
NINETEEN EIGHTY EFFECTIVE
NINETEEN EIGHTY ONE AND AS LUCK
WOULD HAVE IT I WAS WITH THAT
CLICK STAFF AT THAT TIME -- SO
I'M HERE TO ANSWER ANY QUESTIONS
AND I WOULD AGREE WITH THE WITH
THE AUTHOR THAT THE THE THAT
THAT LAW -- AT ENACTED QUITE
SOME TIME AGO IS SOMETHING THAT --
YOU KNOW DESERVES A LOOK AT THAT
I WOULD ALSO POINT OUT THAT IT --
IN MY EXPERIENCE IN REPRESENTING
THE LIFE AND HEALTH INSURANCE
INDUSTRY THERE HAVE BEEN VERY
FEW COMPLAINTS.
AND THAT THE COMMISSIONER
INSURANCE IS A TOUGH REGULATOR
ELECTED INSURANCE REGULATOR AND
HAS PLENTY OF ABILITY. TO
ENFORCE PRIVACY LAWS SO THAT WAS
OUR FIRST PRIVACY LAW HERE IN
CALIFORNIA.
ACTUALLY IT PROCEEDED ONE ON THE
CONCERT CONFIDENTIALITY OF
MEDICAL INFORMATION SO THE
EXISTS EXISTING EXEMPTION YOU
SEE.
WAS TO PUT US UNDER THIS AYE AYE
PA WHICH IS.
A MODEL LAW.
DEVELOPED BY THE NATIONAL
ASSOCIATION OF INSURANCE
COMMISSIONERS SO.
UNIFORMITY IN THE INSURANCE
WORLD IS VERY IMPORTANT BECAUSE
WE'RE A STATE REGULATED BUSINESS --
AND THAT'S ANOTHER DISCUSSION
FEDERAL OR STATE REGULATION BUT
AS A STATE REGULATED.
BUSINESS WE LOOK TO BE ANY I SEE
FOR UNIFORM LAWS.
AND THAT'S SOMETHING THIS
IMPORTANT US AND WE WOULD STRIVE
TO CONTINUE IN THIS BILL SO --
OTHER THAN THAT I'M HERE TO
ANSWER ANY QUESTIONS THANK YOU
VERY MUCH OUR NEXT ONE IS PLEASE
MARK SECOND WITH THE AMERICAN
PROPERTY CASUALTY INSURANCE
ASSOCIATION IN SUPPORT OF THE
BILL.
THANK YOU.
ARE THERE ANY ANY ADDITIONAL
SUPPORTERS SO.
WITH THE AMERICAN COUNCIL OF
LIFE INSURERS IN SUPPORT OF THE
BILL THANK YOU MUCH.
THANKS PLEASE. SEVEN TAYLOR WITH
THE PERSONAL INSURANCE
FEDERATION OF CALIFORNIANS
SUPPORT LIKE TO THANK THE AUTHOR
AND THE PRIVACY STAKEHOLDERS FOR
THE COLLABORATIVE CONVERSATIONS
AND WE LOOK FOR TO CONTINUE IN
THAT COULD WORK.
THANK YOU VERY MUCH AND EXPOSE.
THE ONLY BE DRAWN WITH MAKE YOU
CAPTAIN ASSOCIATES ON BEHALF OF
THE PACIFIC THEY STATION OF
DOMESTIC INSURANCE COMPANIES AND
SUPPORT.
THANK YOU NEXT PLEASE.
CARA CROSS ON BEHALF OF
INSURANCE SERVICES OFFICE IN
SUPPORT THANK YOU NEXT PLEASE
SEVEN ANDERSON ON BEHALF OF
NATIONWIDE IN SUPPORT THANK YOU.
ANYONE IN OPPOSITION TO THE
LEGISLATION PLEASE STEP FORWARD
[inaudible]
WELCOME.
YOU MAY BEGIN.
GOOD AFTERNOON MISTER CHAIR AND
MEMBERS OF THE COMMITTEE.
THANK YOU FOR THE OPPORTUNITY TO
SPEAK WITH YOU TODAY MY NAME IS
JACOB SNOW.
I'M A TECHNOLOGY AND CIVIL
LIBERTIES ATTORNEY.
AT THE ACLU OF NORTHERN
CALIFORNIA.
DO YOU FEEL YOU OF CALIFORNIA
OPPOSES THIS BILL BECAUSE IT
WOULD WE CAN.
PRIVACY PROTECTIONS UNDER CC PA
FOR THE INSURANCE INDUSTRY.
THE QUESTION IS WHY HAVE
DIFFERENT RULES FOR THE
INSURANCE INDUSTRY WHEN THE
RISKS I'M SURE PEOPLE FROM
INSURANCE COMPANIES ARE JUST AS
RISKS REAL THE PRIVACY RISKS FOR
OTHER INDUSTRIES. THREE SEEN
TROUBLING SIGNS OF INSURERS
TRYING TO USE SOCIAL MEDIA POSTS
FOR EXAMPLE. TO SET RATES
RAISING THE POSSIBILITY OF
DISCRIMINATION AGAINST
COMMUNITIES.
OF COURSE THERE'S THE ANTHEM
DATA BREACH FROM.
TWO THOUSAND FIFTEEN SHOULD THE
REMEDIES THAT THE CALIFORNIA
CONSUMER PRIVACY ACTS GIVES
CONSUMERS INCLUDING THE LIMITED
DATA BREACH PRIVATE RIGHT OF
ACTION APPLY WOULD ENSURE.
IS THE COMPANY THAT HAS THE DATA
BREACH.
WE APPRECIATE THE APRIL TWELFTH
AMENDMENTS. TWO EIGHTY NINE
EIGHTY ONE AND WE APPRECIATE THE
PRODUCTIVE DISCUSSIONS THAT
WE'VE HAD.
BUT WE STILL FEEL THAT THE C. C.
P. A.'S DEFINITION OF PERSONAL
INFORMATION -- SHOULD APPLY AND
EVEN AS AMENDED THIS BILL WOULD
SIGNIFICANTLY WEAKEN THE CPA AND
THE PROTECTIONS THE PEOPLE THE
STATE DESERVE.
THE BILL WOULD ELIMINATE THE
CONSUMERS PRIVATE RIGHT OF
ACTION INSTANCES OF A DATA
BREACH IT WOULD REMOVE THE
ATTORNEY GENERAL'S ABILITY TO
ENFORCE POOR PRIVACY PRACTICES.
THOSE DEFICITS WILL DO NOTHING
BUT UNDERMINE.
ENFORCEMENT AND LIMIT CONSUMERS
REMEDIES WE ASK YOUR NUMBER.
THANK YOU VERY MUCH NEXT PLEASE.
HI MY NAME IS ALISTAIR RETIRED
WITH THAT CALIFORNIA'S FOR
CONSUMER PRIVACY.
WE OPPOSE THE BILL BUT I WOULD
LIKE TO THANK THE MEMBER AND
STAFF AND THE COMMITTEE STAFF --
FOR WORKING -- A LOT OF MOVEMENT
WAS MADE TOWARDS -- BUT A PLACE
WHERE I HOPE WE CAN.
COME TO I THINK -- AT THIS POINT
YOU KNOW WE OPPOSE CONCEPTUALLY
IDEA OF AN ENTIRE INDUSTRY.
BEING SENT FROM THE BILL THOUGH
THE AMENDMENT DOES -- GO A LONG
WAY I THINK THAT.
RIGHT NOW WOULD LIKE TO FOCUS ON
A HOPEFUL IN THE COMING WEEKS
FURTHER DEFINING BECAUSE THAT
MA'AM IT DOES HAVE SOME --
AMBIGUITY. FOR EXAMPLE WHAT IS
NECESSARY TO RETAIN -- WHAT WHAT
INFORMATION IS NECESSARY? TO
RETAIN A COMPLETE ANSWER
TRANSACTION AND THEN A DEFINING
WHAT HAS BEEN WHAT ACTUALLY A
REQUEST BY THE CONSUMER MEANS SO
I THINK WITH WITH WORK GOING
FORWARD HOPEFULLY WE CAN NOT
TIGHTEN UP THESE DEFINITIONS --
AT THIS POINT WE STILL OPPOSE
BUT THAT WANT TO SAY THANK YOU
FOR THE MEMBER FOR FOR MOVING
MOVING FORWARD THANK YOU.
THANK YOU VERY MUCH AT
ADDITIONAL WITNESSES IN
OPPOSITION TO THE BILL PLEASE
COMPORT.
I DON'T PLEASE IDENTIFY YOURSELF.
SMITH THE KORAN ON BEHALF OF CAN
STACK SKEWS ME ELECTRONIC
FRONTIER FOUNDATION PRIVACY
RIGHTS CLEARING HOUSE AND COMMON
SENSE KIDS ACTION -- WE DO LIKE
TO WOULD LIKE THINK THE AUTHOR
AND THE ADVOCATES FOR THEIR ON
GOING WORK ON THIS ISSUE BUT TO
REMAIN OPPOSED AT THIS TIME
THANK YOU.
THANK YOU VERY MUCH ADDITIONAL --
WHEN THIS IS IN OPPOSITION XENON
IS BRING IT BACK TO
COMMUNICATIONS COMMENTS
COMMITTEE MEMBERS?
SCENE I LET ME LET ME BEGIN BY
THANKING THE AUTHOR AND HIS TEAM
FOR FOR THEIR WORK -- OF THE
LAST FEW WEEKS IT'S BEEN IT'S
BEEN I KNOW YOU'VE BEEN WORKING
VERY HARD ON THIS AND AND UP.
YOU KNOW THE EFFORTS REALLY GO A
LONG WAY TO ITS -- ACHIEVING OUR
MUTUAL GOALS AND THAT IS TO
ENSURING THAT THE INSURANCE.
IN THE INSURANCE INDUSTRY CAN
CONTINUE TO SERVE CALIFORNIA
RESIDENTS WHO ARE WHILE ALSO
PROTECTING THOSE PERSONS PRIVACY.
I KNOW IT THAT IT'S NOT A SMALL
TASK TO MAKE SURE THAT THE TWO
STATUTORY A SCHEMES ARE
COMPATIBLE.
ALL IN I THINK THAT -- THE THE
AUTHOR AND THE TEAM.
WILL CONTINUE -- TO TO MAKE THE
I. A. P. P. A. S. PRIVACY
PROTECTIVE AS CCPA SO I'M
GRATEFUL.
AND OBVIOUSLY THIS BILL IS THE
WORK IN PROGRESS AS AS BEEN
MENTIONED AND I'M CONFIDENT THAT --
THE AUTHOR AT THE INDUSTRY AS
WELL AS PRIVACY ADVOCATES WILL
CONTINUE TO LOOK -- AT SPECIFIC
CONFLICTS AND TRY TO FIND TO
THIS PROCESS SO WITH THAT I AM
ARE COMFORTABLE SUPPORTING THE
BILL AS IT IS -- A WRITTEN AND A
AS AMENDED -- IF ALL IT ARE NO
ADDITIONAL COMMENTS ARE.
OF OR QUESTIONS THE BILL IS --
TO PASS AS AMENDED TO
APPROPRIATIONS -- MISTER DALY
WOULD YOU LIKE TO CLOSE.
THANK YOU SO MUCH MISTER CHAIR
FOR YOUR COMMENTS AND THE WORK
OF YOUR COMMITTEE STAFF -- AND I
RESPECTFULLY REQUEST AN AYE VOTE
THANK YOU THANK YOU VERY MUCH
AND HAVE SECRETARY PLEASE CALL
THE ROLL SAU.
HI SO I KILEY.
KILEY I'VE BAUER-KAHAN I
BAUER-KAHAN I BERMAN.
BERMAN HI CALDERON [inaudible]
GABRIEL [inaudible]
GALLAGHER.
GALLAGHER NOT VOTING IRWIN --
WHEN I OBERNOLTE?
OBERNOLTE I SMITH.
SMITH OF STAIN WICKS.
YOU HAVE SIX VOTES THANK YOU
VERY MUCH THANK YOU SIR
[inaudible]
LET'S SEE -- MISS IRWIN IS NEAR.
HOW THE MEADOWS GO DOWN THE LIST --
MISS IRWIN WHICH LIKE TO PRESENT
YOUR TWO BILLS.
YOU HAVE AB EIGHT SEVENTY THREE
AND
EIGHT SEVENTY FOUR SO WHICH
ONE WOULD YOU LIKE TO TAKE A
FIRST I WILL -- START WITH.
EIGHT SEVENTY THREE EIGHT
SEVENTY THREE IT IS.
ALL RIGHTS -- THANK YOU MISTER
CHAIR MEMBERS OF THE COMMITTEE I
AM PLEASED TO PRESENT TO AB
EIGHT SEVEN THREE I'M ACCEPTING
THAT COMMITTEES AND SUGGESTED
AMENDMENTS TO THE BILL.
I WOULD LIKE TO THANK THE CHAIR
THE COMMITTEE STAFF AND THE
STAKEHOLDERS WHO HELPED WORK TO
FIND COMMON GROUND.
ON THESE IMPORTANT ISSUES I WILL
KEEP MY COMMENTS BRIEF BUT THIS
BILL IS ONE OF TWO THAT I'M
OFFERING.
THIS YEAR AS A RESULT OF THE
EXTENSIVE WORK DONE BY THE
CHAMBER TO BRING THE BUSINESS
COMMUNITY TOGETHER TO UNDERSTAND
HOW TO IMPLEMENT CCPA.
THE CHAMBERS WORKED DILIGENTLY
TO DISTILL THE NUMEROUS CONCERNS
OF THE BUSINESS COMMUNITY INTO A
SHORTLIST OF CRITICAL ISSUES
THAT WOULD END.
UP HE DID BUSINESS COMMUNITY
FROM PROVIDING CALIFORNIANS WITH
THE NEW RIGHTS PROMISED TO THEM
BY CCPA.
THIS BILL TAKES ON ONE OF TWO OF
THESE ISSUES AND THE DEFINITION
OF PERSONAL INFORMATION AND THE
DEFINITION OF DE IDENTIFIED.
I'LL LET MY WITNESSES GET INTO
THE WORKING DETAILS OF THE BILL
OF THAT AS I JUST AGREE TO BE
AMENDED AND THE PROVISIONS OF
THIS BILL WILL PROVIDE A CLEAR
UNDERSTANDING OF THOSE TWO
THRESHOLD CONSIDERATIONS A MAKES
THE CPA IMPLEMENTATION MORE
STRAIGHT FORWARD AND WORKABLE.
GOOD AFTERNOON MISTER CHAIRMAN
MEMBERS SERIBU WITH CAL CHAMBER
TESTIFYING IN SUPPORT JUST
WANTED TO THANK THE COMMITTEE
FOR ALL THEIR WORK ON THIS BILL
AND MISTER MCTAGGART HIS TEAM
FOR MEETING WITH US. FOR TAKING
THE TIME TO UNDERSTAND OUR
CONCERNS AND PROPOSING A
COMPROMISE ALTERNATIVE TO THE
ORIGINAL BILL ALTHOUGH IT
DOESN'T ADDRESS ALL OF OUR
CONCERNS IT'S THE FIXES IT DOES
OFFER ARE CRUCIAL TO BUSINESSES
BEING ABLE TO IMPLEMENT THIS LAW.
SO WE'RE ACCEPTING THE
COMPROMISE -- WHICH IS
RECOMMENDED THE COMMITTEE
ANALYSIS AS WELL I AB SEVEN
EIGHT EIGHT SEVENTY THREE IS NOW
BOIL DOWN TO JUST TWO FIXES
ADDING THE WORD REASONABLY AND
FRONT OF CAPABLE OF BEING
ASSOCIATED WITH THE DEFINITION
OF PERSONAL INFORMATION.
AND TO FIXING THE DEFINITION OF
DE IDENTIFIED DATA WHICH MY
COLLEAGUE JIM HELPER WILL
EXPLAIN.
THE CZ PA DEFINES PERSONAL
INFORMATION VERY BROADLY AS
INFORMATION THAT IDENTIFIES
RELATES TO DESCRIBES OR IS
CAPABLE OF BEING ASSOCIATED WITH
WORK COULD REASNABLY BE LINKED
TO A PARTICULAR CONSUMER
HOUSEHOLD.
ODDLY THE DEFINITION CREATES A
REASONABLENESS STANDARD FOR DATA
THAT CAN BE LINKED TO A PERSON
BUT NOT DATA THAT IS CAPABLE OF
BEING ASSOCIATED WITH A PERSON
WHICH IS MORE BROAD.
THAT MEANS THAT PERSONAL
INFORMATION TO THE C. CPA'S
ENTER ANY INFORMATION THAT COULD
IN THEORY BE ASSOCIATED WITH
SOMEONE AND THAT COULD PRODUCE
SOME EXTREME RESULTS FOR EXAMPLE
IF A CUSTOMER MAKES PURCHASES AT
A BRICK AND MORTAR STORE.
THAT STORE COULD BE REQUIRED TO
SEARCH SECURITY CAMERA FOOTAGE
FROM THE DATES OF THOSE
PURCHASES TO FIND WHERE THE
CUSTOMER APPEARS ON IT.
AND PROVIDE THAT FOOTAGE BACK TO
THE CUSTOMER OR DELETED EVEN IF
THE STORE NEVER LINK THAT
SECURITY CAMERA FOOTAGE BACK TO
ANYONE.
A STORE MIGHT BE CAPABLE OF
ASSOCIATING THAT DATA WITH A
CUSTOMER AND THEREFORE ARGUABLY
MUST DO SO UNDER THE LAW.
IT'S AN UNREASONABLE BURDEN ON
BUSINESS AND IT DOESN'T ADVANCE
PRIVACY BUT EIGHTY EIGHT SEVENTY
THREE BUT ALLEVIATE MUCH OF THIS
CONCERN BY ADDING THIS
REASONABLE THE STANDARD BEFORE
CAPABLE BEING ASSOCIATED WITH --
FINALLY WE DO AGREE TO REMOVE
FROM THE BILL THE DEBATE OVER
HOW TO ADDRESS THE PRIVACY
IMPLICATIONS OF ALLOWING ONE
MEMBER OF A HOUSEHOLD ACCESS
REALLY INFORMATION FROM ANOTHER
MEMBER OF THEIR HOUSEHOLD BUT WE
STILL HAVE SOME SERIOUS CONCERNS
WITH THIS PROVISION AND LOOK
FORWARD TO WORKING WITH MR.
CHOW ANY OTHER PRIVACY
STAKEHOLDERS TO ADDRESS IT IN AB.
TWENTY FIVE MEMBERS RESPECTFULLY
ASK DR THANK YOU THANKS THANKS
VERY MUCH NEXT WHEN HIS VOICE.
THANK YOU VERY MUCH MY NAME IS
JIM HELPER TONIGHT CHAIR CULTURE
THE GLOBAL PRIVACY AND CYBER
SECURITY PRACTICES AT THE DLA
PIPER LAW FIRM.
I REITERATED HIS BOOTS THANKS TO
YOU ALL FOR YOUR HEARTED SINCE
YOU'RE WORKING THANKS TO MR
MCTAGGART AS WELL IN COMING UP
WITH WAYS TO MAKE THESE
DEFINITIONS REALLY WORKABLE
UNDER THE LEADERSHIP OF ASSEMBLY
WOMAN OR OR WHEN -- I'M HELPING
WITH MY COLLEAGUES TO DELAY
PIPER MORE THAN FIFTY CLIENTS TO
COMPLY WITH C. CPA AND I CAN
TELL YOU THAT A MAJOR CHALLENGE
OF THE LAW IS THAT IT IS SO
DIFFICULT. FOR BOTH CONSUMERS
AND BUSINESSES TO UNDERSTAND.
THE DEFINITIONS THEY ARE IN SOME
CASES THE BIGGEST CHALLENGE NEW
HEARD SERWIS DESCRIPTION OF THE
CHALLENGE OF OF PERSONAL
INFORMATION THE DE IDENTIFIED
DEFINITION CURRENTLY SAYS
BASICALLY THE DE IDENTIFIED DATA.
IS INFORMATION THAT IS NOT
PERSONAL DATA THAT CIRCULAR AND
IT DOESN'T PROVIDE GUIDANCE
ABOUT WHAT TO DO IN ORDER TO DE
IDENTIFY DATA.
DO IDENTIFYING DATA IS A PRO
PRIVACY GOOD PRACTICE AND
THERE'S ACTUALLY A REALLY GOOD
OPPORTUNITY IN THIS THE CPA TO
PROVIDE GUIDANCE ABOUT TO STEER
BUSINESSES TOWARD DOING THAT
TOWARD THE IDENTIFYING.
THE AMENDMENT THAT ALISTAIR BIG
THAGARD PROPOSED WOULD FOLLOW
THE OBAMA ADMINISTRATION FTC'S
PRIVACY FRAMEWORKS APPROACH TO
DE IDENTIFICATION THE STANDARD
IS LINKED OR REASONABLY LINK A
BALL TO A PARTICULAR INDIVIDUAL.
AND THIS IS A WELL TESTED PRO
PRIVACY APPROACH THAT HAS BEEN
IN THE LAW FOR FOR NOW ALMOST
SEVEN YEARS THE CCPA WOULD TREAT
DATA LINK A BALL TO A HOUSEHOLD
ALSO IS PERSONAL INFORMATION.
THIS IS SOMETHING THAT TEAM NO
OTHER MAJOR PRIVACY LAW
INCLUDING IN THE G. P. R. IN
EUROPE WHICH THE COMMITTEE HAS
LOOKED TO AS A MODEL FOR CCPA.
AND THIS REQUIRES CAREFUL
CONSIDERATION AND MISTER
CHAIRMAN WE LOOK FOR TO WORKING
WITH YOU ON HOW TO IRON OUT OF
SOME OF THE STICKY ISSUES HERE
FOR EXAMPLE PEOPLE LISTED AS
LIVING IN THE SAME HOUSEHOLD.
IN A BUSINESS RACK BUSINESSES
RECORDS MAYBE ROOMMATES WHO
REALLY DON'T TRUST EACH OTHER OR
EVEN AN ABUSED HER ABUSIVE
SPOUSE.
AND FRAUDSTERS COULD ALSO POSE
AS A HOUSEHOLD MEMBER AND MAKE A
REQUEST THAT THEY MIGHT DO BUT
BUSINESS INTO PROVIDING
INFORMATION REQUIRING TURNING
OVER SPECIFIC PIECES OF DATA OR
DELETING ALL DATED RESPONSE TO A
REQUEST.
THAT SEEMS TO COME FROM ONE
MEMBER OF THE HOUSEHOLD COULD
GENERATE SIGNIFICANT PROBLEMS
INCLUDE PRIVACY PROBLEMS FOR
OTHER HOUSEHOLD MEMBERS AND
MAJOR OPERATIONAL CHALLENGES FOR
BUSINESSES FOR EXAMPLE THEY MAY
ALSO BE CONFLICTING REQUESTS
FROM DIFFERENT PEOPLE THE SAME
HOUSEHOLD.
WE APPRECIATE YOUR CONSIDERING
THESE VIEWS -- PERJURE I SUPPORT
FOR THIS IMPORTANT BILL AND LOOK
FORWARD TO WORKING WITH YOU
GOING FORWARD THANK YOU.
THANK YOU VERY MUCH NEXTEL WHEN
THIS PLACE.
ADDITIONAL SUPPORTERS UP PLEASE.
COME ON UP.
PLEASE IDENTIFY YOURSELF AND THE
ORGANIZATION THAT YOU'RE
AFFILIATED WITH.
MICHAEL WERNICKE ENTERTAINMENT
SOFTWARE ASSOCIATION IN SUPPORT
THANK YOU VERY MUCH NEXT PLACE.
JOHN MOFFITT FOR THE ALLIANCE OF
AUTOMOBILE MANUFACTURERS IN
SUPPORT THANK YOU NEXT.
FRED MADE ON BEHALF OF THE
CHAMBER OF COMMERCE ALLIANCE OF
VENTURA AND SANTA BARBARA
COUNTIES IN SUPPORT THANK YOU
NEXT PLEASE.
THANK YOU DON KHAKI MCCUE CAP
CAN ASSOCIATE SOME HAVE THE
CALIFORNIA MANUFACTURERS AND
TECHNOLOGY ASSOCIATION ALSO UP
SUPPORT THANK YOU.
BUT I THINK WITH THE NATIONAL
PAYROLL REPORTING CONSORTIUM IN
SUPPORT.
THANK YOU MUCH NEXT PLEASE.
MARGARET GLAD SHE BEHALF
CALIFORNIA RETAILERS SITUATION
IN SUPPORT THANK YOU.
CHOICE ON BEHALF OF THE
INTERACTIVE ADVERTISING BUREAU
IN SUPPORT THANK YOU.
THANK YOU MUCH NEXT PLEASE.
WOULD BE PROUD CALIFORNIA NEWS
PUBLISHERS AND SUPPORT THANK YOU
NEXT PLEASE.
COURTNEY JOHNSON THE TECHNICIAN
SUPPORT THANK YOU NEXT PLACE.
JOHN HELLO CALIFORNIA LAND TITLE
ASSOCIATION IN SUPPORT THANK YOU
NEXT PLACE.
STEPHANIE MORE WELL ON BEHALF OF
THE ADVANCED MEDICAL TECHNOLOGY
ASSOCIATION THE CALIFORNIA FEELS
AND CONVENIENCE ALLIANCE AND THE
CONSUMER TECHNOLOGY ASSOCIATION
IN SUPPORT.
THANK YOU NEXT PLEASE.
KELLY ASKED WITH THE CALIFORNIA
GROCERS ASSOCIATION IN SUPPORT
THANK YOU NEXT PLEASE.
KELLY HIT WITH COUNTY A IN
SUPPORT THANK YOU.
BERNIE ROSTER WITH COMPANY CABLE
AND TELECOMMUNICATIONS
ASSOCIATION AND SUPPORT THANK
YOU MUCH NEXT.
CHRIS ROSE ON BEHALF OF THE
NONPROFIT ALLIANCE IN SUPPORT
THANK YOU.
A SHEPHERD REPRESENTING THE CAL
ASIAN CHAMBER OF COMMERCE IN
SUPPORT.
THANK YOU OUR MATCHA.
PEOPLE IN OPPOSITION TO THE BILL
PLEASE SECOND FORT.
THIRDS ONE SAY ABS ARE LATE.
WANT TO THANK YOU THE FAMILY
MEMBER FOR FOR WORK AND SO WE
WITH RESPECT RESPECTFULLY
WITHDRAW OUR OPPOSITION WITH THE
AMENDMENTS.
WHEN THE GOING TO PRINT SO THANK
YOU SO MUCH THANK YOU FOR YOUR
WORK AND WE ARE GRATEFUL TO
NEVER HAVE TO SUPPORT IT NOW
THANK YOU?
THANK YOU.
HOUSE RETIRED SIX THANK YOU.
TAKE HERE I THINK WE ALL KNOW
WHO YOU ARE -- YES ABSOLUTELY --
EDITION ALL.
THERE ARE INDIVIDUALS IN
OPPOSITION TO THE BILL PLEASE
COME FORWARD.
THANK YOU ONCE AGAIN.
THE OBJECT OF SNOW WITH THE ACLU
OF CALIFORNIA -- SO THE ACLU OF
CALIFORNIA POSES OF THIS BILL
BECAUSE WE HAD MULTIPLE
LOOPHOLES TO THE DEFINITION OF
PERSONAL INFORMATION.
UNDER THE SEA CPA.
AND WE'RE PLEASED TO SEE.
THAT THE COMMITTEE HAS.
AFFECTS.
WAS PLEASED TO SEE THAT -- THE
BILL HAS BEEN AMENDED TO REMOVE --
THE EXCLUSION -- OF HOUSEHOLD --
BUT GIVEN -- THAT THERE STILL
SEEMS TO BE AN ACTIVE DISCUSSION
AROUND THAT I'D LIKE TO
ARTICULATE A LITTLE BIT WHY IT'S
IMPORTANT HOUSEHOLD REMAIN IN
THAT MISSION OF PERSONAL
INFORMATION. FOR MANY OF US OF
THE HOME IS THE CENTER OF OUR
PRIVATE LIVES.
IT'S WERE A FAMILY FRIENDS
GATHER AS WE DISCUSSED THE MOST
DIFFICULT FINANCIAL MEDICAL OR
EMOTIONAL ISSUES.
AND IF YOU HAVE ANY ONE OF MANY
INTERNET CONNECTED DEVICES IN
YOUR HOME LIKE A SMART SPEAKER
OR THERMOSTAT.
THE VACUUM CLEANER.
WIFI ENABLED LIGHT BULBS OR OR
PLUGS IN THOSE DEVICES HAVE THE
CAPACITY TO IN THE OFTEN DO
COLLECT IMMENSE QUANTITIES OF
PRIVATE INFORMATION.
ABOUT YOUR LIFE.
AND THE NEWS IS FULL OF REAL
REVELATIONS BUT THESE KIND OF
DEVICES ARE BEING USED FOR
PURPOSES THAT DO NOT SERVE
PEOPLE WELL.
AUDIO FROM AMES ON SMART SPEAKER
FOR EXAMPLE WAS LISTEN TO BUY
AMAZON EMPLOYEES.
GOOGLE THERMOSTATS WERE
DISCOVERED TO CONTAIN A SECRET
MICROPHONE THE COMPANY NEVER
DISCLOSED TO THE PEOPLE WHO
OPERATE THE DEVICE INTO THEIR
HOME.
THIS IS A DEADLY IS FROM A
COMPANY THAT HAS PATENTS.
ON USING CAMERAS INSIDE THE HOME --
SCANNER RECOGNIZE CLOTHING TO
IDENTIFY PEOPLE INSIDE THE HOME
BY THEIR GENDER BY THEIR AGE.
AND TO DETECT ACTIVITIES LIKE
WHEN PEOPLE ARE BRUSHING THEIR
TEETH.
ROOM A THE ROBOT VACUUM CLEANER
HAS RAISED THE POSSIBILITY OF
SELLING THE FLOOR PLANS THAT ARE
COLLECTED AFTER THE VACUUM GOES
AROUND AND CLEANS THE FLOOR IN
THE HOUSE.
ALL THIS INFORMATION IS PRIVATE
AND ALL OF IT MUST BE INCLUDED
IN THE DEFINITION OF PRIVACY A
PRIVATE INFORMATION AND PERSONAL
INFORMATION.
EVEN THOUGH IT IS ASSOCIATED THE
HOUSEHOLD. ONE DEFINITION OF
PERSONAL INFORMATION.
THE LANGUAGE CAPABLE OF BEING
ASSOCIATED SHOULD STAY IN THE
DEFINITION.
NOW WHY IS THAT IMPORTANT.
SHE'S EVEN ANONYMIZED
INFORMATION IS STILL INTENSELY
PRIVATE AND CAN STILL BE RE
ASSOCIATED WITH A PERSON.
MISTER CHAIR LIKE TO GIVE YOU AN
EXAMPLE THAT.
I KNOW THAT YOU RIGHT NOW ARE IN
THIS HEARING ROOM AT THIS
LOCATION.
LET'S SEE I SEE YOU TWO DAYS
LATER AT THE COFFEE SHOP ACROSS
FROM THE CAPITOL I KNOW YOU WERE
THERE THEN.
WHAT THERE WAS A WEATHER APP ON
YOUR PHONE?
AND THAT WEATHER APP COLLECTS
INFORMATION IN AN ANONYMIZED
WASTE NOT ASSOCIATE WITH YOUR
NAME YOUR ADDRESS OR ANYTHING
IT'S JUST SO SAID WITH A UNIQUE
IDENTIFIER.
THAT WEATHER APP COULD FIND ALL
THE RECORDS ASSOCIATED WITH THE
PERSON.
WHO'S AT THAT COFFEE SHOP AND HE
WAS IN THIS HEARING ROOM.
AND THAT WOULD BE YOU.
AND IN THAT WEATHER APP FOR
ANYONE THAT THAT WHETHER
ABSOLUTE THAT INFORMATION TO
WOULD KNOW THE LOCATION.
OF THE PERSON WE KNOW YOUR
LOCATION GOING FORWARD IN TIME
AS YOU MOVED BY THE CITY IF YOU
WANT TO A DOCTOR'S APPOINTMENT
WENT TO A MEETING.
YOU WENT TO A RELIGIOUS SERVICE
OR A POLITICAL PROTEST THAT
WEATHER APP WOULD BE ABLE TO
IDENTIFY YOU.
BECAUSE IT NEW TWO OTHER PIECES
OF INFORMATION ABOUT YOU.
THOSE LOCATIONS THAT'S EXAMPLE
ABOUT INFORMATION THAT'S AND BE
ENOUGH IT'S ANONYMIZE WE'RE NOT
ASSOCIATED WITH AN INDIVIDUAL IS
JUSTICE PRIVATE.
AND JUSTICE SUBJECT HARM.
AS INFORMATION DIRECTLY
ASSOCIATE WITH A PERSON.
THAT'S ONE VERY SIMPLE EXAMPLE.
BUT MACHINE LEARNING ANOTHER ARC
ARTIFICIAL INTELLIGENCE
TECHNOLOGIES.
HAVE THE MAKE THE PROCESS OF
IDENTIFYING PEOPLE IN THIS WAY
MUCH MORE ADVANCED MUCH SIMPLER
AND TRIVIAL.
AND THAT'S TRUE WHETHER YOU'RE
IDENTIFYING PEOPLE WITH
CERTAINTY OR WHETHER YOU'RE
PUBLICLY.
IDENTIFYING THEM.
THAT'S WHY YOU'RE SEEING DATA
BROKERS WHO ARE SELLING
DENOMINATION AS A CIRCUS IS
THEY'VE OPERATIONALIZED THIS
CAPABILITY AND OFFERING IT TO
BUSINESSES.
FINALLY THE CPA'S PROTECTIONS
FOR DE IDENTIFICATION SHOULD BE
PRESERVED.
AND V. SIX TO BE A HAS STRONG
PROTECTIONS TO REQUIRE THAT
TECHNICAL MEASURES TO BE TAKEN
WITHIN THE COMPANY STOP GET A
VACATION AND BUSINESS --
PROTECTIONS BE PUT IN PLACE TO
DO THE SAME THING AND THOSE
SHOULD BE PRESERVED.
THE DEFINITION OF PERSONAL
INFORMATION SEASON HERE IT MUST
BE FUTURE PROOF.
WITH THESE PROPOSED AMENDMENTS
IT'S NOT EVEN PRESENT PROOF.
WE ASK YOU KNOW BUT THANK YOU.
THANK YOU VERY MUCH ERA
ADDITIONAL WITNESSES.
GOOD AFTERNOON ARAFAT'S JOHNSON
WITH COMMON SENSE WE OPPOSE
THANK YOU NEXT PLEASE.
SMITH THE CARBON ON BEHALF OF
ELECTRONIC FRONTIER FOUNDATION
AND PRIVACY RIGHTS CLEARING
HOUSE IN OPPOSITION.
THANK YOU NEXT PLEASE.
MORE MAHONEY ON BEHALF OF
CONSUMER REPORTS A POST.
THANK YOU NEXT PLACE.
JOE RIGHT OUT IN THE HEALTH OF
CONSUMER ACTION IN OPPOSITION
THANK YOU.
TRACY ROSENBERG FROM OPEN
PRIVACY IN OPPOSITION.
THANK YOU VERY MUCH -- SEEING NO
OTHER QUESTIONS OF COMMENTS
BLISS BRING BACK TO THE
COMMUNITY -- QUESTIONS COMMENTS
[inaudible]
TELL.
THE BILL HAS BEEN MOVED AND
SECONDED.
TO MISSOURI WHICH LIKE A CLOSER
I WOULD LIKE TO CLOSE AND AND WE
DO HAVE -- EIGHT SEVENTY FOUR
STILL -- TO PRESENTS THAT'S BUT
YOU I FIRST WANT TO THINK.
ALISTAIR THAGARD WHO REALLY GOT
THIS WHOLE CONVERSATION GOING
WITH PRIVACY AND AS MOST OF MY
COLLEAGUES KNOW -- I HAVE
GRABBED MANY OF YOUR PHONES AND
TURNED IT TOLD YOU TO TURN OFF
LOCATION SERVICES -- PRIVACY IS
AND CYBERSECURITY IS A HUGE
ISSUE FOR ME -- WHEN THIS PAST
AND IT WAS PASSED -- IN A RATHER
HASTY MANNER THERE WERE SOME
ISSUES THAT MADE IT AND WORKABLE
AND I REALLY APPRECIATE AGAIN
THE COMMITTEE.
COMMITTEE STAFF MY STAFF CHAMBER
IN THE CHAMBER ALLIANCE GETTING
TOGETHER DO IT MAKING A LOT OF
COMPROMISES TO MAKE SURE.
THAT THIS PRIVACY BILL IS --
WORKABLE AND THAT WE MAKE SURE
THAT CALIFORNIA HAS A PRIVACY --
THE BILL THAT IS SOMETHING THAT
THE REST OF THE COUNTRY CAN ON
FOLLOW AND AGAIN THAT MEANS THIS
NEEDS TO BE WORKABLE AND AND
THESE ARE CHANGES OR JUST
CLARIFICATIONS TO DEFINITIONS
AND WOULD APPRECIATE YOUR AYE
VOTE THANK YOU.
YOU ARE TAKING THE AMENDMENTS
SAY YES.
ALL THE MEASURE WITHOUT DOUBT
MADAM SECRETARY PLEASE CALL THE
ROLL.
CHAU HI SO I KILEY.
KILEY I BAUER-KAHAN HI
BAUER-KAHAN HI BERMAN.
BERMAN HI CALDERON CALDERON HI
GABRIEL [inaudible]
GALLAGHER.
GALLAGHER I IRWIN.
AYE IRWIN AYE OBERNOLTE.
OBERNOLTE HI SMITH.
SMITH I WHIPPED.
THAT BRINGS US TO YOUR NEXT TO A
BILL OF BELIEVE IT'S A AB --
EIGHT SEVENTY FOUR THANK YOU CAN
ANYTIME YOU'RE READY -- THIS
BILL TAKES ON AN ISSUE WITHIN
THE DEFINITION OF PERSONAL
INFORMATION MORE SPECIFICALLY
WHAT IS PUBLICLY AVAILABLE
INFORMATION A LOT MY WASN'T
WITNESSES GET INTO THE WORKING
DETAILS OF THE BILL AGAIN THE
PROVISIONS OF THIS BILL WERE
WILL WILL REMOVE THE
RESTRICTIONS PLACED ON USING
INFORMATION FROM.
PUBLICLY AVAILABLE GOVERNMENT
RECORDS TO HELP CCPA AVOID
POTENTIAL VIOLATIONS OF THE
FIRST AMENDMENT.
TODAY WITH ME AGAIN I HAVE
SERVICE FROM THE CHAMBER
CHRISTOPHER MORE A VICE
PRESIDENT FOR INTELLECTUAL
PROPERTY AND GENERAL COUNSEL FOR
THE SOFTWARE INFORMATION
INDUSTRY ASSOCIATION.
GOOD AFTERNOON MR CHAIRED
MEMBERS THERE BUT WITH CAL
CHAMBER TESTIFYING IN SUPPORT
THE CZ P. EXCLUDES PUBLICLY
AVAILABLE INFORMATION -- BUT THE
CCPA DEFINES PUBLICLY
INFORMATION A PUBLICLY AVAILABLE
INFORMATION QUITE NARROWLY TO
ONLY INCLUDE -- INFORMATION IS
LAWFULLY MADE AVAILABLE FROM
GOVERNMENT RECORDS UNFORTUNATELY
THE CCPA THEN NARROWS THE
DEFINITION EVEN MORE IN A WAY
THAT IT'S AN WORKABLE THAT COULD
BE FOUND UNCONSTITUTIONAL
SPECIFICALLY THE LAW STATES.
GOVERNMENT RECORDS WHAT
QUALIFIES PUBLICLY AVAILABLE IF
THEY'RE USED FOR A PURPOSE
THAT'S NOT COMPATIBLE WITH THE
PURPOSE FOR WHICH THE DATA IS
MAINTAINED MADE AVAILABLE IN THE
GOVERNMENT RECORDS OR FOR WHICH
IS PUBLICLY MAINTAINED.
IT'S CONFUSING AND IT'S IT'S NOT
WORKABLE -- IT'S HARD TO IMAGINE
HOW BUSINESS WOULD BE ABLE TO
FIGURE OUT WHY THE GOVERNMENT
AND HE MADE THAT INFORMATION
AVAILABLE TO THE PUBLIC.
AND EVEN IF THEY COULD FIGURE
THAT OUT WHY THE GOVERNMENT
RECORDS WERE RELEASED TO THE
PUBLIC -- IT'S HARD TO IMAGINE
INSTANCES WHERE BUSINESS WOULD
BE DEEMED TO USE THAT
INFORMATION FOR THE SAME REASONS
THAT THE GOVERNMENT MADE A
PUBLIC.
SO TAKE FOR EXAMPLE A POPULAR
REAL ESTATE WEBSITE THAT GIVES
INFORMATION ABOUT PROPERTY SALES
FROM GOVERNMENT RECORDS AND USES
IT TO CREATE A SERVICE FOR
POTENTIAL HOMEBUYERS.
THE BUSINESS USES THE
INFORMATION PROVIDE A USEFUL
SERVICE AND MAKE A PROFIT. TO
SEE HOW THAT WOULD ALIGN WITH
FOR WHATEVER REASON THE
GOVERNMENT POSTED IT -- SO EIGHT
EIGHT EIGHT THREE FOUR MERELY IT
REMOVES THIS UNWORKABLE
LIMITATION ON THE USE OF
GOVERNMENT RECORDS -- IT'S IT'S
JUST A SMALL BUT IMPORTANT FIX
AND IT'S NECESSARY TO ENSURE THE
LAWS NOT DEMAND CONSTITUTIONAL.
WE RESPECTFULLY ASK YOUR AYE
VOTE THANK YOU NEXT PLEASE.
HI MR CHAIRMAN.
MEMBERS OF THE COMMITTEE SPONSOR
THANK YOU FOR ALL YOUR HARD WORK --
I'M HAPPY TO TESTIFY IN SUPPORT
OF AB. EIGHT SEVEN FOUR MY NAME
IS CHRIS MOORE AND I AM THE VICE
PRESIDENT FOR INTELLECTUAL
PROPERTY AND GENERAL COUNSEL.
FOR THE SOFTWARE AND INFORMATION
INDUSTRY ASSOCIATION SIA.
IS THE PRINCIPAL TRADE
ASSOCIATION OF THE SOFTWARE AND
INFORMATION INDUSTRIES AND WE
REPRESENT OVER EIGHT HUNDRED
COMPANIES TO DEVELOP AND MARKET
SOFTWARE AND DIGITAL CONTENT FOR
BUSINESS.
EDUCATION AND CONSUMERS WE HAVE
HUNDREDS OF MEMBERS IN
CALIFORNIA.
WE ALSO SUPPORT THE RIGHT TO
PRIVACY IS FUNDAMENTAL TO
INDIVIDUAL AUTONOMY AND A
HEALTHY DEMOCRACY.
AS A BILL ANALYSIS RECOGNIZED
THAT RIGHT MUST BE BALANCED
AGAINST OTHER IMPORTANT
INTERESTS SUCH AS THE RIGHT TO
FREE SPEECH. EIGHT B. EIGHT
SEVEN FOUR A MILLER AIDS OUR
FIRST AMENDMENT CONCERNS OVER
THE WAY THE C. C. P. H. FREED
SPEECH IN TWO PRINCIPAL WAYS.
FIRST IT REDUCES THE OVER BREATH
OF THE LEGISLATION.
BY CLARIFYING.
THAT THE CCPA DOES NOT REACH
INFORMATION CONTAINED IN PUBLIC
RECORDS AND FOCUSES THE CPA CCPA
ON INFORMATION.
MORE COMMONLY THOUGHT OF AS
PRIVATE.
SECOND BY REMOVING THE
COMPATIBLE USE LANGUAGE THE BILL
ELIMINATES VAGUENESS PROBLEMS
THAT COULD HAVE BEEN SUED FROM
PEOPLE HAVING TO GAS WHY A
PUBLIC RECORD WAS COLLECTED
BEFORE THEY COULD TRANSMIT IT.
IN THE PRESENCE OF CERTAIN
PROCEDURAL OBJECTIONS.
THESE CHANGES GO A LONG WAY
TOWARDS ENSURING THAT PUBLIC
DOMAIN INFORMATION IS AVAILABLE
FOR A WHOLE HOST OF VALUABLE
ACTIVITIES INCLUDING TRACKING
DOWN MISSING CHILDREN
INVESTIGATIVE JOURNALISM.
LOCATING WITNESSES CONDUCTING
CORPORATE DUE DILIGENCE AND A
NUMBER OF OTHER IMPORTANT
GOVERNMENT AND MARKET USES.
WE SUPPORT THE BILL AS WRITTEN.
WITH THAT SAID WE NOTE THAT THE
PUBLIC DOMAIN DOES NOT MERELY
CONSIST OF PUBLIC RECORDS.
THAT IS WHY WE RECOMMENDED THAT
THE COMMITTEE CONSIDER ADDING
THE PHRASE WIDELY DISTRIBUTED
MEDIA WHICH APPEARS ELSEWHERE IN
CALIFORNIA LAW AS A FURTHER STEP
TO MINIMIZE.
POTENTIAL FIRST AMENDMENT
PROBLEMS BUT AS I SAID THAT DOES
NOT.
AFFECT OUR SUPPORT FOR THIS
LEGISLATION
AND WE RESPECTFULLY ASK FOR YOUR
AYE VOTE.
THANK YOU VERY MUCH -- NEXT TO A
WITNESS PLEASE.
SEEN AN ARM QUESTION.
ANY.
ONE IN SUPPORT OF THE BILL
PLEASE COME FORT.
FRED MADE ON BEHALF OF THE
CHAMBER OF COMMERCE ALLIANCE OF
INSURANCE SANTA BARBARA COUNTY
IN SUPPORT.
THANK YOU NEXT PLEASE.
THANK YOU DON CAP CAN WE HAVE
THE CALIFORNIA MANUFACTURERS AND
TECHNOLOGY ASSOCIATION ALSO IN
SUPPORT THANK YOU NEXT PLACE.
RAINY POLLOCK AND HAVE THE
CONSUMER DATA INDUSTRY
ASSOCIATION SUPPORT THANK YOU
MUCH NEXT PLEASE.
DON CALLED ALL CALIFORNIA LAND
TITLE ASSOCIATION IN SUPPORT.
NEXT PLACE.
BERNIE OROZCO THE CALIFORNIA
CABLE AND TELECOMMUNICATIONS
ASSOCIATION IN SUPPORT THINGS
THANK YOU NEXT PLEASE.
KELLY ASH WITH THE CALIFORNIA
GROCERS ASSOCIATION IN SUPPORT.
THANK YOU NEXT PLACE.
KELLY HAD ON BEHALF COUNTY AND
SUPPORT THANK YOU THANK YOU.
COURTNEY JOHNSON A TECHNICIAN
SUPPORT THANK YOU NEXT PLACE.
JOHN BENT ON BEHALF OF
AFFIRMATIVE IN SUPPORT.
THANK YOU NEXT PLACE.
BY CHOICE WILL BE HAVE THE
INTERACTIVE ADVERTISING BUREAU
IN SUPPORT THANK YOU THANK YOU.
THANKS PLACE.
WOULD BE PROUD CALIFORNIA NEWS
PUBLISHERS ASSOCIATION IN
SUPPORT THANK YOU NEXT PLEASE.
MARGARET GLAD SHE MAY HAVE
CALIFORNIA RETAILERS SATIATION
SUPPORT THANK YOU VERY MUCH --
OPPOSITION PLEASE COME FORWARD.
SEEING NONE LET'S BRING BACK TO
THE COMMITTEE QUESTIONS COMMENTS
[inaudible]
MOTION.
IT'S BEEN MOVED AND SECONDED.
SO WITHOUT THE WAS WHEN WHICH
LIKE TO CLOSE THAT CLASS FOR
DRIVE A MAN SECRETARY.
BILL ITSELF TO PASS TO
APPROPRIATIONS.
PLEASE CALL THE ROLL.
CHAO HI SHALL I KILEY.
KILEY AYE BAUER QUE HAN I
BAUER-KAHAN I BERMAN.
BERMAN I CALDERON CALDERON HI
GABRIEL.
GABRIEL I GALLAGHER.
GALLAGHER AYE IRWIN.
AYE IRWIN AYE OBERNOLTE.
OBERNOLTE AYE SMITH SMITH I
WOULD.
THANK YOU VERY MUCH THE BILL IS
OUT.
THAT BRINGS US TO AB -- EIGHT
FORTY SIX THAT SOME IS BURKE
[inaudible]
SHE'S.
WELCOME IS PART. EIGHT FORTY SIX
IS YOUR BILL SO ANYTIME YOU'RE
READY YOU MAY PROCEED.
I WANT TO THANK THE CHAIR AND OF
YOUR STAFF ROW -- I KNOW WE SAY
THAT ALL THE TIME BUT YOU GUYS
HAVE PUT A TON OF WORK WITH US
INTO THIS AND I REALLY DO WANT.
TO TELL YOU I REALLY DO
APPRECIATE THE TIME -- OUT OF
RESPECT FOR YOU AND AS WE
DISCUSSED EARLIER OTHER SPEC FOR
YOU IN THIS COMMITTEE AND
UNDERSTANDING THAT THERE ARE
CONCERNS WITH HOW SECTION TO BE.
IS CURRENTLY CONSTRUCTED IN THE
BILL TO DAM WILLING TO STRIKE
OUT TO BE ENTIRELY WITH THE GOAL
CONTINUE TO WORK TO FIND
LANGUAGE THAT WE ALL OF RIVER.
CREE REFLECTS CURRENT LAW.
I UNDERSTAND THE COMPLEXITIES
THAT SHIFTING THE SECTION AROUND
HAS CREATED AND I'M COMMITTED TO
THE LAW THAT WAS CREATED IN
NEGOTIATED BY YOU AND OTHERS
LAST YEAR.
AND MAKING SURE IN THIS BILL
THAT WE RETAIN THAT BALANCE
WHILE ALSO CLARIFYING THAT
LOYALTY PROGRAMS CAN CONTINUE TO
OPERATE.
ARE WE WILL ACCEPT THE SECOND
THIRTY MINUTES AS LIST ON PAGE
TEN OF ANALYSIS WHICH REINSERT
THE BUSINESSES SHALL NOT OFFER A
DIFFERENT LEVEL GOODS OR
SERVICES THAT ARE I'M JUST AND
REASONABLE CHORUS ARE ARE YOU
SERIOUS.
AB EIGHT FORTY SIX CLARIFIES
THAT CALIFORNIA CONSUMER PRIVACY
ACT IS NOT INTENDED TO PROHIBIT
BUSINESSES FROM OFFERING BECAUSE
CUSTOMER LOYALTY PROGRAMS.
IT DOES THIS BY REVISING THE
NONDISCRIMINATION PROVISION TO
EXPRESSLY ALLOW LOYALTY PROGRAMS
WILL NOT CHANGING THE BASIC
PROHIBITIONS.
ON DISCRIMINATION AGAINST THE
CONSUMER BECAUSE THEY EXERCISE
ANY OF THEIR RIGHTS UNDER THE
CCPA.
WITH THIS CURRENT LANGUAGE IN
THE C. C. PA BUSINESSES ARE
QUESTIONING WHAT THEY CAN AND
CANNOT DO WITH THEIR CUSTOMER
LOYALTY PROGRAMS AND ARE SEEKING
CLARITY.
IN THE LAW TO CONTINUE THEIR
OFFERINGS THIS BILL REPLACES THE
CURRENT CONFUSING FINANCIAL
INCENTIVE PROGRAMS PROVISION OF
THE C. CPA WITH AN AUTHORIZATION
FOR OFFERING AND BENEFITS
ASSOCIATED WITH A QUICK CUSTOMER
LOYALTY PROGRAM.
A BUSINESS CAN OFFER A DIFFERENT
PRICE RATE LEVEL OR QUALITY OF
GOODS OR SERVICES TO A CONSUMER
INCLUDING OFFERING ITS GOODS OR
SERVICES FOR NO FEE AT THE
OFFERING IS IN CONNECTION WITH
THE CONSTRUCTION SIMMERS
VOLUNTARY PARTICIPATION IN A
PROGRAM.
OR AS A PROPOSED TO BE AMENDED
THE OFFERING IS A FOR A GOOD OR
SERVICE WHOSE FUNCTIONALITY IS
DIRECTLY RELATED. TO THE
COLLECTION OR USE OF THE
CONSUMERS DATA AB FORTY SIX
DIVINES DEFINES WHAT LOYALTY
PROGRAMS INCLUDE SO THAT
BUSINESSES AND CONSUMERS.
HAVE EXPLICIT GUIDANCE ON WHAT
THESE BENEFITS LOOK LIKE THESE
ARE IMPORTANT AND NECESSARY
STATUTORY REVISIONS FOR
BUSINESSES THAT WANT TO CONTINUE
THEIR LOYALTY PROGRAMS.
AND FOR THE CONSUMERS WHO WANT
TO CONTINUE TO BENEFIT FROM THAT
WITH THEM I HAVE MY ONE OF THE
CO AUTHORS.
JOINT AUTHORS BUT THE MEMO A
GREAT WELCOME BONUS MAMOLA THANK
YOU TO MY CO AUTHOR THANK YOU
MISTER CHAIR AND MEMBERS I
AGREED TO SIGN ON AS A JOINT
AUTHORED AB.
EIGHT FORTY SIX WITH THE INTENT
OF MAKING SURE THAT CONSUMERS
MAINTAIN THE ABILITY TO BENEFIT
FROM VARIOUS FORMS OF DISCOUNTS
THE RETAILERS OFFER IN EXCHANGE
FOR THE REGULAR PATRONAGE.
I'M OUR REWARDS CLUB PARTICIPANT
HI AS ARE MANY OF YOU I'M SURE
WITH A NUMBER OF RETAILERS.
IF THE CUSTOMER -- IS
UNCOMFORTABLE WITH ACCESS TO
THEIR PRIVATE INFORMATION THEY
HAVE THE OPTION OF NOT
PARTICIPATING THAT SAID I DON'T
SUPPORT A SYSTEM THAT WOULD
ALLOW PENALTIES.
THAT ESSENTIALLY FORCE THE
CUSTOMER INTO SIGNING UP FOR THE
PROGRAM OR OTHERWISE ONLY ALLOW
MORE WEALTHY CUSTOMERS TO OPT
OUT.
THE GOAL IS NOT TO UNDERMINE
WHAT WAS ACCOMPLISHED LAST YEAR
IN PROTECTING CUSTOMERS PRIVACY
BUT RATHER SIMPLY FIXING THIS
REWARDS CARD LOYALTY.
PIECE IT IS MY HOPE THAT THE
AMENDMENTS TAKEN TO AB EIGHT
FORTY SIX TODAY STRIKE THAT
BALANCE CORRECTLY TO ALLOW
CONSUMERS TO BENEFIT WHILE ALSO
PROTECTING PRIVACY I ASKED FOR
AN AYE VOTE AND I LOOK FORWARD.
TO STAYING ENGAGED SO WE CAN FIX
THIS PIECE SO PUBLIC SUPPORT FOR
THE CCPA CAN BE MAINTAINED AND
STRENGTHENS THANK YOU MISTER.
THANK YOU MUCH OF THE BILL'S
BEEN MOVED AND SECONDED SO
THAT'S GOOD -- FIRST WIN AS
PLACE MR CHAIRMAN MEMBERS I AM I
TOO WOULD LIKE TO THANK YOU AND
YOUR STAFF AND THE OFFICERS WHO
BROUGHT THIS BILL FORWARD IT'S
BEEN A SOME CHALLENGING
DISCUSSIONS BUT I DO APPRECIATE
YOUR COMMITMENT TO ADD TO WORK
WITH US ON THIS ON BEHALF OF THE
CALIFORNIA.
RETAILERS MARGARET GLAD STAYING
AT WE DO STRONGLY SUPPORT THIS
MEASURE AS YOU KNOW CONSUMERS IN
AB VOLUNTARY JOIN.
LOYALTY REWARDS PROGRAMS THEY
APPRECIATE THE BENEFITS WE KNOW
THAT 80% OF OF CUSTOMERS OF
CONSUMERS BELONG TO SOME SORT OF
PROGRAM.
AND MANY CUSTOMERS BELONG TO
MULTIPLE PROGRAMS RETAILERS
OFFER THESE PROGRAMS BECAUSE YOU
WANT TO ENCOURAGE CUSTOMER
LOYALTY AND SOME TO SOME MEMBERS
SOME CUSTOMERS CHOOSE TO BELONG
OTHERS CHOOSE NOT TO BELONG.
EIGHTY THESE ARE OFTEN PROGRAMS
AND WE WANT TO BE ABLE TO
CONTINUE TO OFFER THEM WELL WE
APPRECIATE THAT THE SPONSORS AND
STAKEHOLDERS INVOLVED IN TCPA
THINK THE CURRENT LAW IS CLEAR
THAT WE CAN -- OUR MEMBERS HAVE
A LOT OF QUESTIONS ABOUT WHETHER
THE PROGRAMS CAN CONTINUE
OPERATE SO WE DO APPRECIATE MISS
BURKE MISTER MULLIN MISTER LOW
BRINGING THIS BILL FORWARD AND
CLARIFYING THAT THESE PROGRAMS
CAN CONTINUE TO OPERATE.
AND CONSUMERS IN CALIFORNIA CAN
CONTINUE TO ENJOY THEM WE ASK
FOR MY VOTE THANK YOU VERY MUCH
NEXT WITNESS PLEASE MR TURN
MEMBERS COURTNEY JOHNSON MAY
HAVE TECH MAN -- WE REALLY
APPRECIATE THE WORK THAT'S BEEN
DONE ON THIS BILL AND LAST
TWENTY FOUR HOURS HANDS BEFORE
THAT TO AND I REALLY APPRECIATE
THE AUTHORS AND WE APPRECIATE
THE COMMITMENT TO WORKING ON
THIS AS WE MOVE FORWARD.
WANT TO MAKE SURE THAT THE
SERVICES THAT WERE DEALT WITH IN
THE BILL IN THIS SECTION LAST
YEAR I'M ARE CONTINUE TO BE
WORKED ON AND YOU KNOW
APPRECIATED THE FACT THAT WE
WORKED HEAVILY ON A SECTION LAST
YEAR AND THAT THOSE SERVICES
WERE CONTEMPLATED.
NEED TO CONTINUE WORKING TO
INCLUDE THOSE IN THIS BILL
MOVING FORWARD AND AND
APPRECIATE THAT THIRTEEN THIRTY
FIVE IT ARE ALSO HAS SOME --
ISSUES IN THERE THAT AT AT SO
SHE WITH THIS BILL AND SO REALLY
APPRECIATE WORKING WITH YOU
MAKING SURE THAT THOSE SERVICES
ARE CONTINUE TO BE A OUT MAKE
SURE THAT THE LOYALTY IN OR
WORDS AND DISCOUNT PROGRAMS ARE
ALLOWED VERY CLEARLY -- AND LOOK
FORWARD TO WORKING WITH YOU ON
THE AUTHOR.
THANK YOU VERY MUCH OF
ADDITIONAL INDIVIDUALS IN
SUPPORT OF THE BILL.
ON CALDWELL ON BEHALF OF
CALIFORNIA HOTEL AND LODGING
ASSOCIATION IN SUPPORT THANK YOU
NEXT PLACE.
HI KELLY ASKED WITH THE
CALIFORNIA GROCERS ASSOCIATION
IN STRONG SUPPORT.
THANK YOU [inaudible]
THANKS PLACE.
JOHN BUTTON ON BEHALF OF ROWS
GROCERY STORES IN SPORT.
THANK YOU NEXT PLACE.
KELLY HERE ON BEHALF OF COUNTY
AND SUPPORT THANK YOU.
OF MCKINLEY WITH INTERNET
ASSOCIATION IN SUPPORT OF THE
AUTHOR COMMITMENTS TO YOU KNOW
RESTORE THIS TO WE WERE TALKING
ABOUT EARLIER THANK YOU THANK
YOU.
STEPHANIE MORE ON BEHALF OF THE
CALIFORNIA FUELS.
AND CONVENIENCE ALLIANCE AND THE
CONSUMER TECHNOLOGY ASSOCIATION
AND SUPPORT.
THANK YOU NEXT PLEASE.
BERNIE ROSCOE CALIFORNIA CABLE
AND TELECOMMUNICATIONS
ASSOCIATION IN SUPPORT THANK YOU
THANK YOU NEXT PLACE.
DEVIN ANDERSON ON THE HAVE A
TARGET HOME DEPOT IN SUPPORT
THANK YOU.
CHOICE WILL BE HAVE THE
INTERACTIVE ADVERTISING BUREAU
IN SUPPORT THANK YOU MUCH.
SIR BUT WE HAVE A CAL CHAMBER IN
SUPPORT THANK YOU NEXT PLACE.
ATOMIC TOMORROW HERE ON BEHALF
OF BOTH BEST BUY AND HELPERS AND
SAFE WAY IN SUPPORT.
THANK YOU OPPOSITION PLEASE --
COME UP [inaudible]
OKAY.
HI COMMITTEE GOOD AFTERNOON ARE
TRACY CRONENBERG FROM LOCAL
PRIVACY ONCE AGAIN WE ARE A
NORTHERN CALIFORNIA AT CITIZENS
BASED CULT COALITION THAT
ADVOCATES.
FOR PRIVACY REFORM.
I'M THE FIRST THING THAT I WANT
TO SAY TO YOU IS THAT WE ARE NOT
OPPOSED TO THE EXEMPTION OF
LOYALTY PROGRAMS FROM CCPA.
WHICH SORT OF MAKES YOU WONDER
WHY I'M SITTING HERE -- THE
FIRST THING TO SAY IS THAT IT IS
IMPORTANT THAT COMPANIES AND
PROGRAMS DISCLOSE WHAT'S BEING
DONE WITH THE DATA OF CUSTOMERS
IF BY PARTICIPATING IN A LOYALTY
PROGRAM YOUR DATA IS BEING
SHARED WITH THIRD PARTIES AND
SOLD.
YOU SHOULD BE TOLD.
HOWEVER THE REALITY IS THAT
PEOPLE SIGN UP FOR THESE
PROGRAMS VOLUNTARILY THEY
CONSENT THEY AFFIRMATIVELY OPTED
BECAUSE THEY GET STUFF THAT THEY
WANT.
BUT THERE'S A BIGGER SORT OF A
PROBLEM HERE WHEN WE LOOK AT THE
NON DISCRIMINATION LANGUAGE IN
CCPA ARE BRINGING THIS UP
BECAUSE WE HAVE SOME EARLIER
VERSIONS OF THE BILL THAT TACKLE
THIS.
AND NOW IT SEEMS LIKE WE'RE
GETTING FURTHER -- A FURTHER
DISTANCE FROM WHERE WE SHOULD BE
WHAT IT COMES DOWN TO IS THAT
WHAT WE'RE TALKING ABOUT A CIVIL
RIGHT WE'RE TALKING ABOUT
PRIVACY AS PROTECTED IN OUR
CALIFORNIA CONSTITUTION.
AND BASICALLY THE WHOLE PREMISE
OF OF CCPA IS THAT WE AREN'T
FORCING A BASIC RIGHT THAT
PEOPLE HAVE.
THAT RIGHT REALLY CAN'T CALM
WITH A FEE IT CAN'T COME WITH A
POLL TAX.
WE IT CAN'T COME WITH A FEE
REASONABLY RELATED TO THE VALUE
OF YOUR DATA SO WHEN WE LOOK AT
THIS PORTION.
OF CCPA WE HAVE TO LOOK AT THE
IMPACT OF THE LANGUAGE THAT IS
THERE.
AND I THINK WE HAVE AN
OPPORTUNITY HERE TO DO SOMETHING
BETTER THAN WHAT WE HAVE DONE
BECAUSE I WANT TO BE CLEAR THE
PEOPLE THAT ARE MOST IMPACTED BY.
OUR PRIVACY VIOLATIONS.
AND ABUSES THEY'RE NOT THE
PEOPLE THAT ARE HERE TALKING TO
YOU TODAY THEY ARE THE POOR THEY
ARE THE ELDERLY THEY ARE THE
PEOPLE THAT DON'T SPEAK ENGLISH.
THAT TO REALLY SUFFERS AND
THERE'S NO I MEAN CALIFORNIA'S
HIGHEST COST OF LIVING.
IN THE COUNTRY PEOPLE DON'T HAVE
PRIVACY BUDGETS AND JEEZ I WORK
FOR A NONPROFIT AND I DON'T HAVE
A PRIVACY BUDGET I MEAN THE
REALITY IS THAT PEOPLE HAVE TO
OPT OUT SEQUENTIALLY OVER AND
OVER AND OVER AGAIN.
AND PAY A FEE EVERY SINGLE TIME
THAT WE ARE NOT REALLY GRANTING
THEM A RIGHT.
WE ARE GRANTING THEM A GAUNTLET
OF FEES AND THEY'RE NOT GOING TO
BE ABLE TO JUMP OFF IT SO I WANT
TO ENCOURAGE THE OFFICE WHEN YOU
TAKE A LOOK AT THE NON.
DISCRIMINATION BECAUSE AND
SPEAKER MULLIN SAID SOMETHING
ABOUT NOT WANTING.
THINGS TO BE FINANCIALLY
BURDENSOME I THINK MAYBE THAT
PART ABOUT FEES REASONABLY
RELATED TO YOUR DATA.
IT NEEDS SOME CHANGING AND I
HOPE THAT WE CAN DO THAT.
THANK YOU FOR YOUR INPUT DEL
NEXT ONE IS PLEASE HI ELSTER
TECH WERE CALIFORNIA'S FOR
CONSUMER PRIVACY OF RESPECTFUL
IN OPPOSITION.
NO I AM NOT INTO COMMERCE I WANT
COMMERCE TO CONTINUE -- ADDRESS
THE BILL THAT WAY ORIGINALLY I'M
A MEMBER OF MULTIPLE LOYALTY
PROGRAM TO THINK THEY'RE FINE I
HAVE NO PROBLEM WITH THEM -- AND
IN FACT MOST -- CALIFORNIA
REMEMBER THEM AND AND AND REALLY
LIKE THEM.
WHAT I WOULD SAY -- THERE'S
NOTHING IN THIS BILL THAT
PROHIBITS LOYALTY PROGRAMS ZERO
ZILCH.
THIS BILL IS FINE WITH WILL BE
PROGRAMS SO THIS.
THE REASON FOR THIS LAW IS
OBVIOUSLY NOT SIMPLY TO CLARIFY
THE PRIVACY PROGRAM DID THAT --
LOYALTY PROGRAMS ARE PERMITTED.
SO NO ONE HAS BEEN ABLE TO POINT
TO ME WHERE IT SAYS -- YOU CAN'T
HAVE A ABOUT LOYALTY PROGRAM.
BUT THE PROBLEM IS THE BILL AS
AMENDED WILL ALLOW FORCE YOU
ESSENTIALLY.
INTO BEING PART OF A LOYALTY
PROGRAM AND THEN ALLOW YOUR
INFORMATION FROM THAT WHAT THE
PROGRAM TO BE SOLD IN.
BUT MANY PEOPLE SAY WELL I DON'T
REALLY CARE IF THEY KNOW MY
PURCHASES SO WHAT.
WELL THE SO WHAT PART IS.
FIRST OF ALL I DON'T CARE HOW
WELL DO YOU ARE YOU ALMOST HAVE
TO BE A PART OF THE WORLD THE
PROGRAM WHO HERE GOES IN THE
GROCERY STORE.
IT FEELS GOOD BUT NOT BRING YOUR
NUMBER AND I WENT IN ABOUT A
BOTTLE OF WATER THE OTHER DAY IN
A SAFE WAY.
AND I PUT MY NUMBER IN IF A 77%
CHEAPER.
I WANT ONE WATER JUST DRINKING.
SO YOU SO AND THE PROBLEM IS IS
NOT GONNA FALL INTO THE COURSE
TO PRINT JUST BECAUSE EVERY
SINGLE GROCERY STORE DOES THIS.
SO THERE IS A WHAT WE ALL DO
THIS.
SO WE'RE TALKING ABOUT PEOPLE'S
MOST BASIC PURCHASES.
THEIR FOOD.
THERE TWENTY TWELVE I REALLY
KEEP BLADDER DO I WANT THE FACT
THAT I'M GETTING DEPENDS TO BE.
MARKETED TO THE WORLD WHAT ABOUT
MY HEALTH INSURANCE WHAT ABOUT
MY LIFE INSURANCE IN YOUR
DEPARTMENT OF INSURANCE IS
ALLOWED.
SOCIAL MEDIA AND PURCHASES NOW
START BEING INCLUDED.
IN YOUR PRICING FOR LIFE AND
HEALTH INSURANCE THE STORY AT
THIS BILL GUYS THIS GETS THROUGH
IS GOING TO BE.
THAT.
WE ARE ALLOWING PRIVACY TO BE
FOR RICH PEOPLE.
AND IF YOU DON'T HAVE THE MONEY
BECAUSE YOU HAVE TO BE PART OF
YOU'RE GOING TO BE IN A
SITUATION WHERE YOU'RE BEING
FORCED TO HAVE YOUR MOST
PERSONAL.
PRIVATE [inaudible]
INFORMATION SOLD.
AND I DON'T THINK THAT'S RIGHT.
THAT'S WHY I'M IN OPPOSITION.
THANK YOU VERY MUCH AYE
ADDITIONAL INDIVIDUALS IN
OPPOSITION PLEASE IDENTIFY
YOURSELF AND YOUR ORGANIZATION.
THE CARBON WITH ELECTRONIC
FRONTIER FOUNDATION AND PRIVACY
RIGHTS CLEARING HOUSE ALSO
OPPOSE UNLESS AMENDED FOR THE
REASONS MY COLLEAGUES STATED
THANK YOU.
THANK YOU NEXT PLACE.
JACOBS KNOW A SO YOU OF
CALIFORNIA ALSO IN OPPOSITION
THANK YOU NEXT PLACE.
JOE RIGHT OUT WITH CONSUMER
ACTION ASO IN OPPOSITION THANK
YOU NEXT PLEASE.
ELIZABETH COOLEY COS COMMONSENSE
OPPOSE UNLESS A MINUTE THANK YOU
MUCH NEXT PLACE.
MAUREEN MAHONEY ON BEHALF OF
CONSUMER REPORTS IN OPPOSITION.
THANK YOU MUCH.
LET'S BRING IT BACK TO COMMITTEE
QUESTIONS COMMENTS -- MISTER
CALDERON -- I WANT TO THANK
EVERYBODY SPOKEN SUPPORT
OPPOSITION IS BILL I THINK THE
AUTHORS FOR BRINGING THIS BILL
FORWARD.
YEAH I LIVE DOWN THE STREET FROM
COUPLE DIFFERENT GROCERY STORES
I'VE STATED BROTHERS THAT'S
ACTUALLY CAN BE REBUILT WHICH IS
GONNA BE NICE BUT I I TEND TO GO
TWO ROUTES A LOT.
IT'S A LITTLE BIT CLOSER.
IT'S BEEN A LOT OF MONEY BUYING
DIAPERS THERE.
BUT YOU KNOW I APPRECIATE THE
LOYALTY REWARDS PROGRAM -- AND
AND MY FEAR IS THAT IF WE DON'T
DO SOMETHING ABOUT AND WE DON'T
GO THOUGHT FOR WITH HIS BILL --
WE RUN THE RISK OF ACTUALLY
LOSING THOSE TYPES OF PROGRAMS
BECAUSE IF I'M A PART OF A
LOYALTY REWARDS PROGRAM.
AND I SAY NOW UNDER C. C. P. A.
I. ONE OPT OUT.
NO NOT HAVE MY INFORMATION USED
WELL IT'S NOT CLEAR THAT YOU
IT'S WELL IT SEEMS CLEAR ME YOU
CANNOT DISCRIMINATE AGAINST
BECAUSE I'VE OPTED OUT SO.
I'M I'M NOW OPTING OUT OF YOU
BEING ABLE TO USE MY PERSONAL
INFORMATION OR ANY OF MY
INFORMATION BUT YOU STILL HAVE.
TO GIVE ME THAT DISCOUNT -- AND
SO THERE'S REALLY BEEN BECOMES
NO INCENTIVE FOR THAT COMPANY TO
CONTINUE TO OFFER THAT LOYALTY
REWARDS PROGRAM.
BECAUSE YOU CAN'T DISCRIMINATE
AGAINST ME BECAUSE I'M OPTING
OUT THE PROGRAM SO THEREFORE YOU
STILL HAVE TO GIVE ME THE
DISCOUNT SO THEN WHAT IS THE
POINT OF ME EVER EVER HAVING TO
SIGN UP. FOR THE LOYALTY REWARDS
PROGRAM BECAUSE YOU'RE GONNA
HAVE TO GIVE ME THE DISCOUNT
ANYWAYS -- AND AND SO I THINK
THAT.
WHEN WE?
YOU KNOW WE HAD TO ACT FAST AND
IT TO TAKE IN A LOT OF
INFORMATION WHEN WE WERE OFF
WHEN WE WHEN WE HAD TO TAKE A
VOTE.
ON THE C. C. P. A I THINK THAT
WE ARE OBVIOUSLY WE DID THE
RIGHT THING -- THROUGH THE
CHAIRS WORK IN CENTER HERTZBERG
WORK IN EVERYBODY ELSE'S -- BUT
WE NEED TO CLEAN UP SOME STUFF
AND WE NEED TO CLARIFY SOME
THINGS ARE AND THE THE REALITY
IS IS THAT A LOT OF THESE ROLE
LOYALTY REWARDS PROGRAMS EXIST.
BECAUSE OF THIS INFORMATION NOW
WHEN YOU SAY YOU'RE MY
INFORMATION IS GONNA BE BLESSED
TO THE WORLD WILL NOT
NECESSARILY SNOT LIKE SOME IS
GOING FACEBOOK AND SALE BY THE
WAY.
YOU KNOW YOU LIKE TO PAY YOUR
PANTS OR WHATEVER THE EXAMPLE
WAS THAT WAS USED IT WAS IT'S IT --
I I I NEED A CERTAIN PRODUCT AND
SO THEREFORE BECAUSE I'M AND I'M
AN INDIVIDUAL I'M AN AGGREGATE
AND THEREFORE IT DOESN'T X.
AMOUNT OF PEOPLE CAME TO OUR
STORE LOOKING FOR THESE PRODUCTS
AND SO THESE ARE ALL PRODUCTS
THAT WE CAN CONTINUE TO OFFER
THESE.
INDIVIDUAL HERE'S OTHER PRODUCTS
THAT COULD HELP THEM WITH THEIR
ISSUE OR WHATEVER IT IS THAT
THEY'RE BUYING -- AND AND SO.
YOU KNOW WE WANT TO MAKE SURE
THAT WE'RE CLEAR AND CONCISE
WHEN IT COMES -- TO HAVING.
THESE LET'S SEE REWARDS PROGRAM
STILL CONTINUE TO EXIST WHILE AT
THE SAME TIME PRESERVING THAT
PROTECTED PER PRESERVING THAT
PRIVACY AND THAT'S A FINE LINE
TO HAVE TO WALK AND THAT'S WHY
WE'RE CONTINUING TO OFFER THESE
BILLS.
THAT'S WHY I APPRECIATE THE WORK
THAT YOU'VE BEEN DOING ITH THE
COMMITTEE BECAUSE I KNOW THAT
THEIR CONVERSATIONS HAPPENING IN
ALL ALL THROUGH YESTERDAY AND
THERE'S GOING TO CONTINUE JUST
GONNA.
GONNA CONTINUE TO BE A NEED TO
TO HAVE THESE CONVERSATIONS BUT
I THINK THIS IS THE NECESSARY
CONVERSATION THAT A SOLVING AT
THE SOLVING YOUR A REAL BIG
ISSUE BECAUSE AT THE END OF THE
DAY.
YOU KNOW PEOPLE LIKE MYSELF
PEOPLE FROM MY GENERATION WE'RE
OKAY WITH INFORMATION BEING
YEARS AS LONG AS WHERE AS WE
UNDERSTAND IT'S BEING USED WERE
GIVEN THE CHOICE OPT OUT IF WE
CHOOSE TO OPT OUT.
BUT WE HAVE TO HAVE THAT THERE
HAS TO ALSO BE A CLEAN LINE FOR
BUSINESS OFFERING THAT TYPE OF
PROGRAM TO BE ABLE TO SAY WELL.
YOU KNOW THIS IS THE VALUE OF
YOU BEING IN THIS PROGRAM I
SHOULD BE REQUIRED TO THAN KEEP
THIS PROGRAM AROUND OR BE.
REQUIRED TO ADHERE TO THE
REQUIREMENTS OF THAT PROGRAM BY
OFFERING YOU THAT DISCOUNT EVEN
THOUGH WE'RE NOT GETTING OUT OF
THE TRANCE GETTING WHAT WE HAD
REQUIRED OUT OF THAT TRANSACTION
AND SO I THINK THAT THAT'S AN
INDIVIDUAL CHOICE.
AND THAT THAT OPTION AND THAT
CHOICE SHOULD BE LEFT UP TO THE
INDIVIDUAL -- AND UNDERSTANDING
THE DYNAMICS OF THE ECONOMY AND
HOW IT WORKS WITH US YOUR DAD
INSURED INFORMATION AND SO -- WE
WANT TO BE REALLY CAREFUL WITH
HOW WE TRAVERSE THIS THIS
TERRITORY BECAUSE THIS MATTER SO
A LOT OF PEOPLE IN A LOT OF
REALLY REALLY BIG WAYS AND AS A
MATTER TO ME -- YOU KNOW
ESPECIALLY ZERO TOWARDS THE END
OF THE MONTH AND YOU KNOW THE
DIAPER NEED DOESN'T IT DOESN'T
RELATE -- AND ONLY GETS WORSE SO.
YOU KNOW I APPRECIATE THE WORK
OBVIOUSLY MORE WORK NEEDS TO
CONTINUE TO BE DONE AND I
APPRECIATE THE OPPOSITION THE IN
THE CONCERNS THAT THE RAISING
AND I AND AND WANTED TO CONTINUE
TO TO HAVE THAT OPEN DIALOGUE IN
THAT CONVERSATION BUT A HAPPY TO
SUPPORT THE BILL TODAY.
IN THE FOR THE VOTING I THINK
YOU.
THANK YOU VERY MUCH EDITION ON
COMMENTS OR QUESTIONS HERE DO
YOU WANT TO YOU WANT US TO
ADDRESS IF YOU LIKE TO YEAH I'M
AFRAID I WOULD IT I WOULD AGREE
WITH US ONLY MEMBER CALLED ON IT
IS A FINE LINE -- AND WE DO WANT
TO CREATE SOME CERTAINTY FOR
BUSINESS HOWEVER -- TO THE AT
YOU TO THE OPPOSITION AND TO
THOSE WHO ARE CONCERNED THESE
ARE OFTEN PROGRAMS AND I DO -- I
THEY ARE YOUR DAILY PURCHASES
SOME OF THESE THINGS AND I THINK
THAT IS INCREDIBLY IMPORTANT
ESPECIALLY TO A DISTRICT LIKE
MINE WHERE WE HAVE A CHALLENGE
AREA AND WERE SOMETIMES THIS
MEANS THE DIFFERENCE BETWEEN
BEING ABLE TO BUY.
AN EXTRA SET OF DIAPERS BECAUSE
YOU DO HAVE A A DISCOUNT OFFERED
BECAUSE YOU HAVE BEEN LOYAL TO
THAT STORE THERE IS OPPORTUNITY
AND THAT FOR PEOPLE IN MY
DISTRICT.
AND SO I THINK THE GOAL OF THIS
BILL IS -- UNLIKE THE OPPOSITION
STATED I THINK THAT OUR DESIRE
TO TAKE OUT THE SECTION THAT THE
CHAIR FELT LIKE.
DIAL BACK ANY AGREEMENT FROM
LAST YEAR WAS REALLY IMPERATIVE
BECAUSE WE WANTED TO MAKE CLEAR
THAT OUR GOAL IS JUST TO
PRESERVE LOYALTY PROGRAMS IT IS
NOT TO EXPAND IT IS NOT TO
BACKTRACK ON ANY OF THE CCPA.
AGREEMENTS THAT WERE MADE THAT
IT REALLY IS GENUINELY JUST TO
PRESERVE CUSTOMER LOYALTY
PROGRAMS AND I WANT TO MAKE SURE
THAT THAT IS VERY VERY CLEAR TO
THE OPPOSITION WHO MAY NOT BE IT
FULLY AWARE OR HAD A CHANCE
BECAUSE WE HAVE WORK SO. TO THE
LAST SECOND ON THIS -- ABOUT THE
AMENDMENTS THAT WE HAVE TAKEN --
SO IT IS IMPORTANT THAT THAT IS
THAT IT FOR US AT THAT IS CLEAR.
THANK YOU VERY MUCH ADDITIONAL
COMMENTS [inaudible]
SUIT [inaudible]
GOD.
JUST IF I COULD ADD A MIXTURE
ANOTHER EXTENSIVE CONVERSATIONS
QUITE LITERALLY UP TO THE
BEGINNING OF THIS HEARING ON
THIS AND SIGNIFICAN AMENDMENTS
WERE TAKEN I JUST WANT TO
REITERATE THE FOCUS HERE IS
SIMPLY CLARIFYING AND FIXING THE
REWARDS CLUB PEACE.
NOT TO GO BEYOND THAT MY CONCERN
Y. SIGNED UP FOR THIS IS THAT.
IF CONSUMERS ACROSS CALIFORNIA
FIND OUT THE REWARDS CLUB.
UP BENEFITS MAY BE IN JEOPARDY
BECAUSE OF THE LANDMARK
LEGISLATION IT'S LEGISLATOR PAT
LEGISLATURE PASSED LAST YEAR IT
WOULD UNDERMINE THE CCPA.
THAT'S WHY I SIGNED ON FOR THE
FIX I'M TOTALLY COMMITTED.
EVEN AT ITS PARED BACK A STATE --
I AM TOTALLY COMMITTED TO WORK
WITH -- MISTER MCTAGGART AND
OTHER OPPOSITION IF THERE'S
REMAINING OPPOSITION -- ONCE HE
MA'AM AND SIR DIGESTED AROUND --
NONDISCRIMINATION THAT AND WORK
WITH YOU MISTER CHAIR GOING
FORWARDSO WITH THAT UP THANK
YOU FOR ENTERTAINING THE ISSUE
AND ASK FOR AB.
THANK YOU VERY MUCH -- SO
WITHOUT -- I WANT TO THANK YOU
ALSO FOR ACCEPTING OF THE
SUGGESTED AMENDMENTS AND THESE --
REFLECT THE MINIMUM -- LEVELS OF
CHANGES THAT WILL WILLING. TO TO
OFFER AT THIS POINT IN A AND I'M
GRATEFUL FOR FOR YOUR FOR
YOURSELF IN AS WELL AS YOUR TEAM.
A TO HAVE BEEN WORKING WITH THIS --
THE LAST A FEW DAYS AS WELL ARM.
YOU KNOW I THINK -- MISSED
MULLIN SAID A VERY COOL --
SUCCINCTLY AND THAT IS YOU KNOW
FROM THE GET GO MY OBJECTIVE.
IS TO BASICALLY HOLD THE LINE I
WANT TO MAKE SURE THAT THE CPA
DOESN'T GET WEAKENED.
ARM INTO THE EXTENT PEOPLE CAN
ONE EXPANDED I I THINK WE NEED
TO LOOK AT IT OR YOU KNOW ON A
CASE BY CASE BASIS.
NOW ON YOU KNOW I AM OPEN -- TO
DOING CLEAN UP WORK AS WELL AS
FINE TUNING OF THE THE LAW.
AND I BELIEVE THAT'S YOUR INTENT
ALSO AND YOU KNOW I THINK WE'RE
ON THE SAME WAY FILLING FELL AT
LEAST SO.
SO I I'M COMFORTABLE WITH THAT
BOB SUPPORTING THE BILL AS
AMENDED ARM SO THAT WE WOULD
CONTINUE TO WORK ON THIS A
LITTLE BIT MORE -- THANK YOU FOR
ALLOWING US TO WILL WORK WITH
YOU ALSO FOR YOUR WOULD YOUR
TEAM.
ARM AND SO -- SO WITHOUT I I
WANNA -- PAST CEMEX.
WOULD YOU LIKE TO CLOSER WITHOUT
YOUR CLOTHES.
I WILL ACCEPT YOUR COMMENTS AS
MY CLOTHES I RESPECTFULLY
REQUEST VERY GOOD TENNIS THANK
YOU ALL FOR BEING HERE SO MADAM
SECRETARY THE MOTION -- HAS BEEN
MADE AND THE BILL WILL PASS AS
AMENDED TO APPROPRIATIONS -- AND
SECRETARY PLEASE CALL THE ROLL
CHAO HI NOW I KILEY.
KILEY I'VE BAUER-KAHAN I
BAUER-KAHAN I BERMAN.
BERMAN HI CALDERON CALDERON AYE
GABRIEL [inaudible]
GALLAGHER [inaudible]
IRWIN -- WHEN I OBERNOLTE
OBERNOLTE AYE SMITH SMITH FIVE
WEEKS?
YOUR BILL IS OUT EIGHT ZERO
THANK YOU VERY MUCH FOR BEING
HERE.
SO WE CAN GO TO COMMITTEE
MEMBERS LET'S GO DOWN THE LINE --
NO NO I'LL DO IT NOW DO A LAST
LET'S GO TO MISTER GALLAGHER I
THINK HE HAS A AB [inaudible]
ELEVEN THIRTY EIGHT HOUSING OKAY.
OKAY WHO GOT.
OKAY WELL WELCOME MISTER
GALLAGHER YOU ELEVEN THIRTY
ANYTIME YOU'RE READY YOU MAY
PROCEED.
THANK YOU MISTER CHAIRMAN --
PLEASED TO PRESENT AB -- ELEVEN
THIRTY EIGHT WHICH WOULD REQUIRE
SOCIAL MEDIA PROVIDERS TO
PROVIDE CARE TO RECEIVE PARENTAL
CONSENT -- BEFORE ALLOWING
MINORS UNDER THE AGE OF SIXTEEN
TO CREATE SOCIAL MEDIA ACCOUNTS
I DO WANT -- TO STATE AT THE
OUTSET I AM ACCEPTING COMMITTEE
AMENDMENTS TO REDUCE THAT AGE
THE THIRTEEN AS WELL AS THE
OTHER.
COMMITTEE MEMBERS OR RECOMMENDED.
AS TECHNOLOGY PROGRESSES IN THE
INTERNET BECOMES MORE READILY
ACCESSIBLE MINERS ARE TURNING TO
SOCIAL MEDIA IN INCREASING
NUMBERS WE ALL KNOW THIS.
AS A TWO THOUSAND AND EIGHTEEN A
STUDY SHOWED THAT 90%.
OF US TEENS GO ONLINE MULTIPLE
TIMES.
PER DAY.
THE INCREASED PRESENCE OF MINORS
ON SOCIAL MEDIA PLATFORMS AS
LEAD TO PROLIFIC AMOUNTS.
OF ONLINE HARASSMENT WE'VE HAD
MANY BILLS DEALING WITH CYBER
BULLYING -- DEALING WITH THE
PREDATORY TARGETING OF MINORS
THIS THE JUST LAST YEAR IN CCPA
THE SELLING OF MINORS
[inaudible]
DATA.
APPROXIMATELY 59% OF MINORS AGED
THIRTEEN TO SEVENTEEN PERSONALLY
EXPERIENCED ABUSE OF ONLINE
BEHAVIORS.
AND 13% OF USE INTERNET USERS
THAT RECEIVED UNWANTED SEXUAL
SOLICITATIONS.
WHEN IT COMES EDUCATED MINERS
AND HELPING THEM THROUGH THESE
ISSUES STUDY SHOWED THAT TEENS
ACTUALLY THINK THEIR PARENTS DO
A GOOD JOB OF ADDRESSING ONLINE
HARASSMENT -- BUT ACTUALLY
AREN'T FANS OF WHAT WE AS
ELECTED OFFICIALS.
ARE DOING.
HELLO SAY HOW THIS HIT HOME FOR
ME IS -- I ATTENDED A SPECIAL
PRESENTATION BY A SCHOOL
RESOURCE OFFICER IN RED BLUFF --
AND SHE DID A PRESENTATION ON
WHAT'S GOING ON WHAT SHE'S SEEN
HAPPENING ON SCHOOL CAMPUSES.
AND SHE HELD UP.
YOU KNOW A PHONE WE ALL HAVE ONE
RED AND SAID.
YOU KNOW YOU ALL.
WHEN YOUR WHEN YOUR CHILD TURN
SIXTEEN AND THEY'VE GONE TO ALL
THE -- DRIVER'S ED AND AND ON
THEIR TRAINING.
WE HAND THEM OVER A DRIVER'S
PERMIT AND WE GIVE THEM THE KEYS
TO THE CAR.
AND WITH THE CAR THEY CAN GO
AROUND THE REGION AND YOUR GO TO
DIFFERENT PLACES AND THEY HAVE
ACT THEY PRETTY MUCH WE'RE
GIVING THEM KEYS AND ACCESS TO
THE REGION.
BUT HE SAID BUT AT A MUCH
YOUNGER AGE YOU GIVEN THIS PHONE.
AND YOU HAVE NOW GIVEN THEM THE
KEYS TO THE WORLD [inaudible]
NOT JUST.
THE REGION AROUND YOU BUT
ACTUALLY THE WORLD AND ACCESS TO
THE WORLD AND WE GIVE THEM THAT.
WITH VERY LITTLE INSTRUCTION.
IN MANY WAYS WE'VE SEEN THAT
THERE'S BEEN MANY ABUSES THAT
YOU KNOW ONE OF THE MOST
PREVALENT THAT KIDS CAN'T EVEN
GET AWAY FROM THE BOWLING THAT
MIGHT HAPPEN AT SCHOOL.
BECAUSE THEY'RE CONSTANTLY
HAVING THINGS COMING OUT ON
TWITTER.
THEY'RE BEING HARASSED THERE IS
THAT YOU CAN'T GET AWAY FROM IT --
IT'S YOU KNOW IT'S COMING ON IN
THE MIDDLE OF THE NIGHT.
AND SO WHAT THIS BILL IS REALLY.
ATTEMPTING TO ADDRESS.
IS SAYING IS NUMBER ONE TRYING
TO AND ENCOURAGE PARENTS TO
ENGAGE.
IN THIS AND TO SAY HEY LOOK
LET'S TRYING TO ESTABLISH.
YOU KNOW SOME REASONABLE
GUIDELINES.
IN USING SOCIAL MEDIA SO THAT WE
CAN BETTER PROTECT AND AND THAT
THESE KIND OF CONVERSATIONS THAT
WERE HAPPENING IN THAT VERY ROOM
SO MANY OF THE PARENTS RAISE
THEIR HAND HAD NO IDEA.
ABOUT MANY OF THE THINGS THAT
ARE OCCURRING ONLINE -- AND BUT
AFTER HAVING THAT CONVERSATION
ABOUT YOU THERE'S A WHOLE LOT.
THE CONVERSATIONS THAT HAPPENED
LET ME TELL YOU ABOUT ONE THAT
HAPPENED.
WITH MY OWN DAUGHTER WHEN I WENT
HOME AND SAID HEY YOU KNOW YOU
PLAY THOSE GAMES.
ONLINE THEY EVER ASK YOU WHAT
YOUR AGES.
THIS IS ALL YEAH THEY **** AND
SO WHAT DO YOU SAY WELL I SAM --
TWENTY ONE SO.
YOU KNOW WITH ALL THE TECHNOLOGY
THAT WE HAVE.
IN THE WAY THAT WE'VE JUST HEARD
HOW HOW THINGS CAN BE TRACKED.
HOW WE KNOW WHERE LOCATIONS ARE
THE PURCHASES THAT YOU'RE MAKING
THE WAY THAT ADVERTISING CAN BE
TARGETED DIRECTLY YOU YOU JUST
PURCHASED SOMETHING OUT A STORE?
AND YOU GO ON TO YOUR FACEBOOK
AND ALL THE SUDDEN THAT THAT
ITEM SHOWS UP.
ON YOUR FEET.
WITH THAT KIND OF TECHNOLOGY I
DON'T THINK IT'S TOO MUCH TO ASK.
FOR A SOCIAL MEDIA SITE TO
FIGURE OUT.
IS THIS PERSON THE AGE EIGHT
THEY ARE AND TO GET PARENTAL
CONSENT -- AND SO THAT'S REALLY
THE IMPOTENCE OF THIS BILL.
IS TO REALLY YOU KNOW PROVIDE
THAT SOCIAL RESPONSIBILITY WE DO
THIS AND MANY OTHER INSTANCES
PROBABLY THE MOST PREVALENT IS
WITH TOBACCO USE RIGHT WE'VE
SAID NO WE WANT YOU TO BE.
TWENTY ONE BEFORE YOU HAVE
BEFORE YOU HAVE TOBACCO RIGHT --
AND NOW WHEN YOU CAN BUY.
THEY'VE STICKS ONLINE AND AND
YOU CAN GET THOSE THINGS ALL
OVER THE INTERNET GUESS WHAT.
COMPANIES LIKE JUL HAVE FIGURED
OUT A WAY TO ENSURE THAT THE
PERSON THAT THEY'RE SELLING.
YOU KNOW THAT VAPING EQUIPMENT
YOU KNOW THAT [inaudible]
SELL.
TO IS OVER THE AGE OF TWENTY ONE
IS IS LEGALLY.
ABLE TO HAVE THAT PRODUCT -- SO
AGAIN WE'RE DOING THIS AND MANY
OTHER ASPECTS.
AND I THINK WITH THE WITH WHAT
WE HAVE SEEN IN TERMS OF THE
STUDIES THE THE INCREASE IN
SUICIDES.
THE WAY THAT THIS IS IMPACTED
ARE MINORS IT'S A REASONABLE
THING TO ASK --FOR I HAVE AGAIN
TAKEN A MEMBERS TO TAKE THIS
DOWN TO THIRTEEN WHICH MAKES IT
CONSISTENT WITH FEDERAL LAW --
WHICH ALSO MAKES IT CONSISTENT
WITH WHAT WE'VE DONE IN THE C.
CPA -- REGARDING SELLING TO
MINORS DATA WHICH I KNOW YOU
MISTER CHAIRMAN WERE VERY
INSTRUMENTAL IN.
AND SO WITH THAT I WOULD JUST
ASK FOR YOUR SUPPORT.
BUT WHAT I THINK IS A REASONABLE
BILL IN AB.
ELEVEN THIRTY EIGHT THANK YOU
VERY MUCH US ARMED SUPPORTERS
WITNESSES IN SUPPORT POLICE
COMPORT.
HI ARTEFACTS JOHNSON WITH COMMON
SENSE MEDIA -- COMMONSENSE IS
COMMITTED TO HELPING KIDS AND
FAMILIES THRIVE IN THE DIGITAL
WORLD.
I'M WITH THIS AMENDMENT DOWN TO
THE AGE OF THIRTEEN FOR PARENTAL
CONSENT OR HEAVILY IN SUPPORT.
LOTS OF SITES AND SERVICES --
EVADE FEDERAL ACABA AND WE THINK
THIS WILL HELP CLOSE THE GAP
THANK YOU THANK YOU VERY MUCH
ADDITIONAL SUPPORTERS.
OPPOSITION PLEASE THE FORT.
CAN WE CAN LEAVE INTERNET
ASSOCIATION WITH THE AMENDMENTS
OR NEUTRON THE BILL WE THINK
THERE'S SOME THINGS TO WORK OUT
WILL FOLLOW UP WITH AUTHOR.
THANK YOU MATCH.
SENATE RENDON FROM THE TREVOR
PROJECT SIMILARLY WITH
AMENDMENTS WHERE NOW NEUTRAL AND
WILL BE FOLLOWING UP WITH THE
AUTHOR THANK YOU VERY MUCH.
HE WENT OUT THERE BUT WITH CAL
CHAMBER WE ASSOCIATE OURSELVES
THE INTERNET CESSATION OF THIS
ISSUE THANK YOU THANK YOU.
VERY MUCH.
LET'S BRING BACK TO COMMITTEE
QUESTIONS COMMENTS FROM
COMMITTEE MEMBERS MISTER SMITH
AND THEN FOLLOWED BY MR
OBERNOLTE.
I'D LIKE TO THANK THE AUTHOR FOR
THIS MEASURE AS SOMEONE WHO HAS
PARENTED TO NOW ADULT YOUNG
WOMEN THROUGH WHAT WAS THAT THAT
ON SET OF EVERYBODY GETTING A
PHONE FOR SIXTH GRADE GRADUATION --
I KNOW I KNOW THE CHALLENGES AND
I WAS SORT OF THAT FIRST
GENERATION WAVE OF PARENTS WHO
EXPERIENCES AND THAT AND MY KIDS
DIDN'T HAVE INTERNET ON THEIR
PHONES UNTIL HIGH SCHOOL EVEN
THAT PRESENTED.
SIGNIFICANT CHALLENGES BUT IN
LIGHT OF WHAT WE KNOW NOW ABOUT
HOW YOUNG PEOPLE'S MINDS ARE
SHAPED BY THIS INTERACTIVE
EXPERIENCE TO YOUR YOU KNOW WELL
MADE POINT ABOUT -- CONSUMER
ASPECTS OF IT AND AND GOODS AND
MATERIALS THAT WEREN'T MEANT TO
BE IN THE HANDS OF MINORS TO
BEGIN WITH THEY NOW HAVE DIRECT
ACCESS -- TO I APPRECIATE THE
FACT THAT YOU'VE BEEN WILLING TO
WORK WITH THE OPPOSITION TO MAKE
THIS A WORKABLE BILL TO GIVE
WHAT PARENTS HAVE ASKED FOR OVER
AND OVER AGAIN WHICH IS MORE
TOOLS AND OPPORTUNITIES. FOR
KIND OF HAVING SOME CONTROL OVER
THEIR CHILDREN'S ONLINE
EXPERIENCES SO I THINK YOU IN A
MINUTE MOVE TO SUPPORT POSITION
ON THIS THANKS.
ALMOST OBERNOLTE GUIDE I THANK
YOU MISTER CHAIR SO -- MISTER
GALLAGHER I'D LIKE TO THANK YOU
FOR TAKING THE AMENDMENTS I
THINK THEY MAKE THE BILL BETTER.
I I STILL HAVE A COUPLE OF
CONCERNS.
AND DECIDE JUST LIKE TO OFFER
SUGGESTION AS THE BILL MOVES
FORWARD OF A WAY THAT THAT MIGHT
MAKE IT BETTER.
THE BILL'S IS PRETTY STARK IT
SAYS THAT THE BUSINESS SHALL NOT
ALLOW A PERSON UNDER NOW IT'S
THIRTEEN YEARS OF AGE TO CREATE
AN ACCOUNT.
SO.
THE PROBLEM IS THAT A BUSINESS
REALLY HAS NO WAY OF KNOWING FOR
SURE.
THAT SOMEONE'S THIRTEEN OR OR
OLDER.
SO I'D BE A LOT MORE COMFORTABLE
IF IT THERE WAS LANGUAGE LIKE
SHALL TAKE REASONABLE STEPS OR
ME EVEN TIGHTER THAN THAT BUT I
MEAN JUST.
BUT YOU USED YOU RAISE THE THE
EXAMPLE OF YOUR DAUGHTER LYING
AND SAYING SHE WAS TWENTY ONE
OKAY SO MAYBE.
THE MAYBE THE THE THOUGH THAT
WASN'T A STRONG ENOUGH STANDARD
THAT THE THAT THE SOCIAL MEDIA
SITE WAS USING.
BUT I MEAN LET'S SAY THAT THEY
ASK FOR A DRIVER'S LICENSE
NUMBERS SO SHE STOLE HER MOTHERS
AND PUT IT IN THERE OKAY IS THAT
A REASONABLE STEP.
BUT THERE'S GOT TO BE A BAR
THERE IT WHICH WE SAY THAT THE
BUSINESS HAS MET THAT BAR.
YOU KNOW AND AND IF.
THE SOMEONE THAT WASN'T THIRTEEN
OPEN AN ACCOUNT THAT YOU KNOW
THE BUSINESS WASN'T AT FAULT
THERE BECAUSE THEY DID
EVERYTHING THAT THEY COULD.
SO -- I I'D LIKE TO ENCOURAGE
YOU TO TO MAYBE EXPLORE THAT
TERRITORIES BILL MOVES FORWARD.
NO I'M I'M DEFINITELY OPEN TO
THAT -- AYE AYE AND YOU PROBABLY
WOULD KNOW THIS MUCH BETTER THAN
ME YOU KNOW HOW HOW THIS COULD
BE DONE YOU KNOW FROM THAT
TECHNICAL LOGICAL STANDPOINT I
GUESS I'M JUST APPROACHING IT
MAN.
WITH EVERYTHING THAT I'VE SEEN.
I FIND HARD TO BELIEVE THEY
WOULD BE ABLE TO HAVE SOME KIND
OF MECHANISM.
THE COULD HELP VERIFY AGE SURE
WHY ARE YOU KNOW WHAT I'M I'M A
100% WITH YOU IN SPIRIT HERE
WE'RE JUST TALKING ABOUT RIGHT
STATION.
RIGHT AND I'LL TELL YOU THIS
THERE IS NO 1100% FOOLPROOF WAY
TO DO IT.
SO I I JUST LIKE TO BE THERE TO
BE SOME KIND OF REASON ABILITY
STANDARD THAT WE CAN AGREE THAT
A BUSINESS THAT HAVING DONE ALL
THESE DOES THESE THINGS HAS BEEN
REASONABLE AND IS MET THE
STANDARD OF THE BILL.
WITHOUT SAYING THAT ANYTHING
THAT GETS THROUGH THE BUSINESSES
FALL.
BUT YEAH I THINK I'M GOING TO DO
THAT AS WE AS WE MOVE RIGHT.
A MISTER CALDERON.
YEAH I WANNA THANK YOU FOR THIS
BILL I THINK IT'S A GOOD BILL I
MEAN I I HAVE KIDS AND I AND
IT'S GREAT NOW BUT AS SOON AS
THEY START TO GET A LITTLE BIT
OLDER AND START GOING TO SCHOOL
AND START BEING.
MORE INTERACTIVE WITH THE
STATURE TABLET WHETHER IT'S A
TABLET OR PHONE OR ANY TYPE OF
DEVICE -- I AM CONCERNED ABOUT
THAT A BECAUSE THE INFORMATION
THAT THEY'RE GONNA BE EXPOSED TO
AS GOOD AS I MAY THINK I AM AT
AT AT CENSORING THEM JUST LIKE
MY DAD THOUGHT HE WAS GOOD AT
CENSORING US WHEN IT CAME TO
DIRECT TV.
YOU KNOW WHEN YOU HAVE TO PUT IN
THE CODE TO WATCH MOVIES ABOUT
BG.
AT OUR WHATEVER IT WAS AND YOU
KNOW.
IN A DEAD YOU DON'T REMEMBER A
LOT OF THINGS IT'S CLEARLY YOUR
BIRTHDAY -- NINETEEN FIFTY BUT
IT YET I I BUT I BUT I AM
CONCERNED ABOUT THE HOW THE HELL
COMPANIES -- WHAT THE WHAT THE
LIABILITY IS AND HOW COMPANIES
IT CAN POSSIBLY BE ABLE -- TO TO
RISE TO THE STANDARD OF BEING
ABLE TO GUARANTEE THAT A KID WHO
WAS IN THIRTEEN IS AGAIN IT IS
IS IS GETTING A PARENTAL CONSENT
AYE AYE.
I MEAN I WANT TO BELIEVE IT'S
POSSIBLE I DON'T KNOW IF IT'S
POSSIBLE AND I DON'T KNOW AND SO
I THINK IT'S GONNA BE IT WE HAVE
TO BE CAREFUL IN TERMS OF WHAT
LIABILITY WILL PLACE ON THE
COMPANY.
AS WELL AS THE STANDARD BECAUSE
I I'M JUST I'M JUST.
NOT CONVINCED THAT WE'RE GONNA
BE ABLE TO REACH THAT STANDARD
PRECISELY GETS IMPORTANT AND AND
THIS IS.
THESE ARE DEFINITELY ONE OF THE
TYPES OF ISSUES -- THAT HOUSES
THE LEGISLATIVE BODY HAS TO
START ADDRESSING BECAUSE THE
MENTAL HEALTH OF OUR KIDS ARE
IT'S CLEARLY BEING AFFECTED AND
IT'S NOT.
IT'S NOT THAT IT'S THE PLATFORMS
FAULT IT'S THAT THE PEOPLE THAT
ARE USING THE PLATFORM ABUSING A
PLATFORM AND USING IT FOR OTHER
NEFARIOUS REASONS ARE HAVING
IMPACTS MASSIVE IMPACTS ON KIDS
AND SO WE JUST WANNA MAKE SURE
ABOUT WHAT KIND OF SENATOR
PLACING ON THESE PLATFORMS.
THANK YOU.
ANY ADDITIONAL COMMENTS OR
QUESTIONS.
SEEN AN ARM I WANT TO THANK YOU --
MISTER GALLAGHER FOR ACCEPTING
DIMENSIONS I FEEL COMFORTABLE --
WITH THE BILL WITH THE
AMENDMENTS ARE BEING ADDED AND I
IN FACT LAST YEAR I I I I HAD A
COUPLE OF LEGISLATION. TO DEAL
WITH SOMETHING SIMILAR -- ALONG
THE LINES OF SOCIAL MEDIA AND
THE KIDS AND IF ONE OF WHICH WAS.
ON TO ADDRESS THE SITUATION
WHERE A FOURTEEN YEAR OLD BOY
WAS ABLE TO PURCHASE GUNS ONLINE
I THINK FROM AMAZON.
AND SO WE ADDRESS THAT
PARTICULAR ISSUE AND THEN THE
OTHER -- ONE BASICALLY TRY TO
TACKLE THE ISSUE OF SOCIAL MEDIA
COMPANY TRYING TO TAKE ADVANTAGE
OF THE THE THE KIDS -- LET'S
LET'S A LIKENESS OF PHOTOS ARE
IN A DIFFERENT CONTEXT FOR
EXAMPLE WITH FRIENDS OF FRIENDS
OF SO.
THAT WAS AB 2511% SO -- I THINK
THAT'S AN AREA THAT WE NEED TO
REALLY CONTINUE TO KIND OF WORK
WITH THE TECH INDUSTRY ALSO --
BUT I I THINK THERE IS STILL A
LITTLE BIT I THINK THE BILL HAS
STILL TO TO BE A FINE TO A
LITTLE BIT MORE.
BUT I'M YOU KNOW MORE
COMFORTABLE SUPPORTING IT TODAY
AND AN URGE THAT YOU CONTINUE TO
WORK WITH I SAY TO TECH FOLKS
AND ALSO THE COMMUNITY -- COULD
THE BUSINESS COMMUNITY AS WELL
SO WE'VE GOT -- SEE NO OTHER
QUESTIONS OR COMMENTS -- I'M
GONNA ASK YOU TO CLOSE.
HELLO WHICH I CLOSE THIS
RESPECTFULLY ASK YOUR EITHER.
ARE A DATE OUR THE BILL IS TO
PASS AS AMENDED TO
APPROPRIATIONS A MADAM SECRETARY
PLEASE CALL THE ROLL.
CHAO I SHALL I KILEY KILEY I'VE
BAUER-KAHAN I BAUER-KAHAN I
BERMAN.
BERMAN I CALDERON [inaudible]
GABRIEL [inaudible]
GALLAGHER.
HI GALLAGHER I IRWIN -- WHEN I
OBERNOLTE?
OBERNOLTE AYE SMITH.
SMITH I WICKS.
YOU HAVE FIVE EIGHT VOTES THE
BILL IS OUT.
I THINK YOU HAVE ANOTHER BILL
BUT THAT'S NOT A CCPA RELATED
BILLS SO THAT'S GOING TO BE AS
PART OF THE THE REGULAR BUSINESS
AGENDA SO IF I COULD ASK YOU
COME BACK LATER.
ALL AS SOON AS WE'RE DONE WITH
THIS IS SUPERIOR TO BILLS AND
THAT BRINGS US TO MISTER BERMAN
WHO HAS TWO BILLS.
IN CONNECTION WITH CCPA.
FIRST ONE IS ITEM NUMBER SEVEN
AND THAT IS A. B..
ELEVEN FORTY SIX SAME MOTION.
OKAY.
OKAY GOT IT.
I DON'T DO IT FOR YOU
[inaudible]
THEN.
ONE ANYTIME YOU'RE READY MISTER
BERMAN THANK YOU MISTER CHAIRMAN
COLLEAGUES I WOULD LIKE TO BEGIN
BY THANKING THE COMMITTEE'S
CHIEF CONSULTANT. FOR HER WORK
ON THIS BILL IN ADVANCE OF THE
HEARING FOR THE THOROUGH
ANALYSIS AND I'M PLEASED TO TAKE
THE AUTHORS AMENDMENT.
NOTED ON PAGE TEN OF THE STAFF
REPORT.
COLLEAGUES ONE OF THE MOST
IMPORTANT DUTIES GOVERNMENT IS
CHARGED IS KEEPING THE PUBLIC
SAFE.
AB ELEVEN FORTY SIX WOULD MAKE
EXPLICIT WHAT I BELIEVE WAS THE
CHAIRS AND TEN TWENTY AUTHOR
LANDMARK CONSUMER PRIVACY BILL
LAST YEAR.
SPECIFICALLY THE BILL WOULD MAKE
CLEAR THAT A NEW MOTOR VEHICLE
DEALER MAY RETAIN VEHICLE
INFORMATION.
INCLUDING OWNERSHIP INFORMATION
IN ORDER TO SHARE IT WITH AN
AUTOMOBILE MANUFACTURER FOR THE
PURPOSE OF ENABLING EITHER
WARRANTY WORK OR MANUFACTURERS
RECALL.
NEW VEHICLES ARE COVERED BY
MANUFACTURER WARRANTY THAT
ALLOWS FOR REPAIRS TO MAKE TO BE
MADE TO THE VEHICLE AT NO COST
TO THE CONSUMER.
LIKEWISE WHEN THERE'S A SAFETY
DEFECT RECALL THE VEHICLE CAN BE
REPAIRED AT NO COST TO THE
CONSUMER.
IN BOTH INSTANCES THE
MANUFACTURERS FINANCIALLY
RESPONSIBLE AND THE REPAIRS ARE
DONE BY DEALERS BUT INFORMATION
SHARING IS NECESSARY TO NOTIFY
AND TO REPAIR.
ACCORDINGLY FOR THE VERY LIMITED
PURPOSES OF VEHICLE WARRANTY
WORK AND RECALLS THIS BILL WILL
PROVIDE AN ERROR EXEMPTION FROM
CCPA.
THE CONSUMER WOULD STILL RETAIN
THE RIGHT TO ACCESS THE PERSONAL
INFORMATION AND KNOW WHAT HAS
BEEN COLLECTED AND SHARED AND
CONSUMER REMEDIES WOULD REMAIN
IN PLACE AS WELL.
I RESPECTFULLY REQUEST AN AYE
VOTE AND I HAVE WITH ME TODAY
MIKE BELOW ON BEHALF OF THE
CALIFORNIA NEW CAR DEALERS
ASSOCIATION.
AND AND AND MORE.
THANK YOU VERY MUCH -- FIRST
WITNESS PLAY ON TOOK ME BY
SURPRISE THANK YOU MISTER CHAIR
AND MEMBERS MIGHT PULL OUT ON
BEHALF OF THE CALIFORNIA NEW CAR
DEALERS ASSOCIATION WE
UNDERSTAND THAT THIS WHOLE ISSUE
IS.
COMPLEX AND AND SENSITIVE BUT I
THINK WE ALL AGREE THAT.
THERE IS A HUGE PUBLIC BENEFIT
IN GETTING RECALLED CARS FIXED
AND HISTORICALLY WE'VE HAD A
RATHER POOR TRACK RECORD IN
TERMS OF PERCENTAGE OF RECALLED
CARS BEING FIXED.
SO EVERYTHING WE CAN DO TO FIND
CAR OWNERS AND GET THOSE RECALLS
FIXED OBVIOUSLY.
RE DOWNS TO THEIR SAFETY AND THE
SAFETY OF OTHERS ON THE ROAD.
WE APPRECIATE THE ANALYSIS AND
WE BELIEVE THAT THE BILL IS
FULLY CONSISTENT WITH THE INTENT
OF AB THREE SEVENTY FIVE LAST
YEAR AND OUR LAWYERS HAVE GONE
OVER THIS REPEATEDLY AND TALK TO
THE COMMITTEE STAFF ABOUT.
THE DEGREE TO WHICH EXISTING LAW
MAY COVER IT AND WE THINK.
RESPECTFULLY IT'S NOT EXACTLY
CLEAR AND THE LAST THING WE WANT
IS TO ARGUE ABOUT IT LITIGATE
ABOUT IT AFTER THE FILE A
SUMMARY JUDGMENT MOTION THAT
SORT OF THING.
PRACTICALLY SPEAKING THE ONLY
WAY A CAR MANUFACTURER KNOWS
THAT YOU HAVE PURCHASED A NEW
CAR IS WE TELL THEM AS DEALERS
AND IT IS THIS BACK AND FORTH
COMMUNICATION THAT ALLOWS US.
TO TELL THE MANUFACTURE WHERE%
THE RECALL NOTICE SHOULD BE SENT.
THIS IS VERY VERY NARROW IT
DOESN'T TAKE AWAY DATA BREACH
LIABILITY DOESN'T TAKE AWAY
OTHER CONSUMER RIGHTS ALL IT
SAID JESS IS THAT YOU CANNOT.
OPT OUT OR DELETE INFORMATION
WHEN WE NEED TO TELL THE CAR
MANUFACTURE -- AN ADDRESS IN
TERMS OF GETTING A HOLD OF YOU
WE APPRECIATE THE COMMITTEE'S
WORK WE APPRECIATE THE WORK OF
MISTER MCTAGGART AND HIS
LOBBYING TEAM -- AND PLEDGE TO
CONTINUE TO WORK TO MAKE THIS
THE NARROWEST POSSIBLE EXEMPTION
THAT IT COULD BE WITH THAT WE
WOULD ASK FOR AN IPHONE.
THANK YOU BETCHA NEXT WITNESS
PLEASE MISTER CHAIRMAN OF THE
COMMITTEE JOHN MOFFITT ON BEHALF
OF THE ALLIANCE OF AUTOMOBILE
MANUFACTURERS I'VE LEARNED THAT
ON A CASE BY CASE BASIS NOT --
TO NOT TO ARGUE WITH MISTER
BELOW IN THIS IS ONE CASE WHERE
HE'S ABSOLUTELY RIGHT.
HAVE AN IMPORTANT RECALL AND
WARRANTY REPAIR SYSTEM I
ESTABLISHED HERE IN IN THE
UNITED STATES AND WE'RE IN FULL
SUPPORT OF THE BILL AND THE WAY
IT WILL ALLOW THAT SYSTEM TO
CONTINUE WORKING.
THANK YOU MY CHEN EDITION --
WITNESSES IN SUPPORT GOOD
AFTERNOON SILVIO FRYING TO HAVE
THE ASSOCIATION GLOBAL
AUTOMAKERS IN SUPPORT THANK YOU
MUCH NECKS.
MISTER CHAIRMAN AND MEMBERS
JAMES OF ORIGIN OR WE HAVE THE
CALIFORNIA MOTORCYCLE DEALERS
ASSOCIATION IN SUPPORT THANK
AUTHOR FOR THIS CLARIFYING
LANGUAGE ON ON BEHALF ARE FAMILY
OWNED SMALL BUSINESSES
THROUGHOUT THE STATE THANK YOU.
THANK YOU MENTION EXPERTISE.
GOOD AFTERNOON LEIA BURNLEY ON
BEHALF OF TEST Là IN SUPPORT
THINKING.
THANKS PLEASE SIR BUT ON BEHALF
OF CAL CHAMBER IN SUPPORT
THINKING [inaudible]
EXPRESS [inaudible]
OPPOSITION.
COME ON UP.
SHARE A RESPECTFULLY -- ELSE
RETIRED FOR CALIFORNIA FOR
CONSUMER PRIVACY -- RESPECTFULLY
OPPOSE LESS AMENDED -- WE THINK
THAT THIS IS -- IT'S IMPERATIVE
THAT THE ENTITIES RECEIVING THE
INFORMATION.
I DON'T THEN HAVE THE ABILITY TO
RESELL -- BUT WE DO APPRECIATE
THE WORK OF THE OF THE ASSEMBLY
MEMBER -- THE STAFF AND WE THINK
THAT THERE IS A PATH FORWARD
HERE WHERE WE CAN -- GET TO
SOLUTION THAT WILL SATISFY ALL
PARTIES HERE AND WE UNDERSTAND
THE IMPORTANCE OF THE ISSUE
THANK YOU GREAT.
NEXT PLACE.
MISTER CHAIRMAN OF THE COMMITTEE
THANKS FOR THE OPPORTUNITY TO
SPEAK TODAY HI MY NAME IS
MAUREEN MAHONEY I WORK WITH
CONSUMER REPORTS.
AND WE RESPECTFULLY OPPOSE A
SPELL WELL WE HAVE NO OBJECTION
TO THE INFORMATION SHARING FOR
THE PURPOSES OF WARRANTY AND
RECALL IN FACT WE SUPPORT IT --
CEASE TO BE A AS WRITTEN FULLY
ACCOMMODATES IS INFORMATION
SHARING -- AND I APPRECIATE THAT
THE ANALYSIS CLARIFIES THAT IT'S
NOT THE INTENT OF THE AUTHOR --
TO WE CAN ANY PROTECTIONS --
WE'RE CONCERNED THAT THIS BILL
AS WRITTEN WOULD ELIMINATE
PRIVACY PROTECTIONS OVER THIS
DATA SUCH AS BY REMOVING
CONTROLS.
OVER ITS FURTHER SOUTH -- SO
FIRST JUST TO THE POINT OF THIS
WILL NOT BE NEEDED ON THE THOUGH
WIDE EXCEPTION -- IN THE C. C.
P.'S RIGHT TO TO LEAVE FOR
PURPOSES RECENTLY ANTICIPATED
WITHIN THE BUSINESS RELATIONSHIP --
ACCOMMODATE THIS INFORMATION
SHARING RETENTION -- AND WITH
RESPECT TO THE RIGHT TO OPT OUT
THE BUSINESS PURPOSE EXEMPTION
WITHIN THE DEFINITION OF SALE
ACCOMMODATES THIS AS WELL -- AND
THAT EXEMPTION IMPORTANTLY PUT
SPECIFIC -- LIMITS ON FURTHER
SALE -- SO -- IN CONTRAST WERE
CONCERNED THAT THE BILL THIS
BILL WOULD REMOVE THESE
PROTECTIONS -- AND WE MUST
RESPECTFULLY OPPOSE THANK YOU
THANK YOU VERY MUCH ADDITIONAL
INDIVIDUALS IN OPPOSITION. TO
THE BILL.
SEEING NONE LET'S -- BRING IT
BACK TO THE COMMITTEE QUESTIONS
COMMENTS.
THE BILL IT'S BEEN MOVED AND
SECONDED AND I'M GLA THAT THE
BILL IS VERY NARROWLY TAILORED.
INTO EXTENDED AND YOU CAN WORK
CONTINUING WITH OPPOSITION I
ENCOURAGE YOU TO DO SO -- SO
WITH THAT -- WOULD YOU LIKE TO
CLOSE AS THE MISTER CHAIR I
APPRECIATE THE CONCERNS THAT
WERE RAISED IN MY STAFF -- AND
THE SPONSOR OF THAT PRODUCTIVE
CONVERSATIONS WITH MR RETIRES
REPRESENTATIVES AND AND WE WITH
THAT DEFINITELY CONTINUE TO DO
SO -- AND IN THE MEANTIME I
RESPECTFULLY ASK FOR AN AYE VOTE.
GRAY THANK YOU VERY MUCH --
MOTION IS TO PASS AS AMENDED TO
APPROPRIATIONS ARE MADAM
SECRETARY PLEASE CALL THE ROLL
CHAU HI SO I KILEY.
BAUER-KAHAN.
BERMAN I'VE BERMAN HI CALDERON
CALDERON HI GABRIEL.
GABRIEL I GALLAGHER.
GALLAGHER I OR ONE WHEN I
OBERNOLTE.
OBERNOLTE AYE SMITH [inaudible]
WICKS.
YOU HAVE SEVEN VOTES THE BILL IS
OUT CONGRATULATIONS AND YOU HAVE
A SECOND BILL -- ITEM NUMBER
NINE AB.
FIFTEEN SIXTY FOUR SESSION OKAY
GOT IT THANK YOU MISTER CHAIRMAN
COLLEAGUES OUTSIDE AGAIN LIKE TO
THANK THE COMMITTEE STAFF FOR
THEIR WORK ON THIS BILL AND
ACCEPT THE SUGGESTED AMENDMENT.
INCLUDED IN THE ANALYSIS IN
ORDER FOR CONSUMERS TO EXERCISE
THESE NEW RIGHTS THE CCPA
REQUIRES A COVERED BUSINESS TO
PROVIDE A TOLL FREE PHONE NUMBER.
FOR CONSUMERS TO MAKE ACCESS AND
DELETION REQUESTS GIVEN THE
POTENTIAL LEGAL LIABILITY FROM
PROPER DISCLOSURES OF PERSONAL
INFORMATION.
IT IS IMPORTANT FOR BUSINESSES
TO MAINTAIN PROPER DOCUMENTATION
OF THE REQUEST THE VERIFICATION
PROCESS IN THE INFORMATION
PROVIDED IN RESPONSE.
THEREFORE AS PROPOSED TO BE MEN
AMENDED AB FIFTEEN SIXTY FOUR
WOULD ALLOW A BUSINESS COVERED
BY THE CCP. TO MAINTAIN EITHER A
TOLL FREE PHONE NUMBER OR AN
EMAIL ADDRESS AND A PHYSICAL
ADDRESS FOR CONSUMERS TO
EXERCISE THEIR RIGHTS UNDER THE
CCPA.
A BUSINESS THAT OPERATES
EXCLUSIVELY ONLINE HOWEVER WOULD
BE EXEMPT FROM THE REQUIREMENT
TO PROVIDE A PHYSICAL ADDRESS IN
ADDITION TO AN EMAIL ADDRESS
THIS FLEXIBILITY WOULD ALLOW
BUSINESSES TO PROVIDE AN OPTION.
THAT FITS THE CONTEXT OF THE
CONSUMER BUSINESS RELATIONSHIP
MEANING HOW THE CONSUMER ENGAGES
WITH THE BUSINESS GENERALLY.
AND WORK WITH AND BEST PRACTICES
TO VERIFY AND RESPOND TO
REQUESTS WITH ME TODAY'S KEVIN
MCKINLEY ON BEHALF OF THE
INTERNET ASSOCIATION I
RESPECTFULLY ASK FOR AN AYE VOTE.
THANK YOU FIRST WHEN HIS PLACE
THANK YOU CHAIR MEMBERS OF
COMMITTING MY NAME'S KEVIN
KILLING DIRECTOR OF CALIFORNIA
GOVERNMENT FAIRS FOR INTERNET
ASSOCIATION -- A. B. FIFTEEN
SIXTY FOUR REMOVES A STRICT
REQUIREMENT THAT ALL BUSINESSES
ALLOW FOR CONSUMER REQUEST VIA
TOLL FREE NUMBER.
TOLL FREE REQUIREMENTS CCPA CAN
BE CUMBERSOME AND MAY PRESENT
BOTH SECURITY AND PRIVACY
CONCERNS FOR BUSINESSES
RECEIVING A CONSUMER QUESTS.
WHEN CONSUMERS INTERACT VIA
WEBSITE OR APP WITH THE BUSINESS?
AN ONLINE METHOD FOR ACCESSING
VERIFICATION WOULD BE EFFICIENT
SECURITY POSITIVE AND CONSISTENT
WITH CONSUMER EXPECTATIONS.
SO I URGE THE COMMITTEE TO VOTE
YES THANK YOU THANK YOU VERY
MUCH ADDITIONAL WITNESSES IN
SUPPORT.
THERE BUT ON BEHALF OF CAL
CHAMBER WOULD ECHO THE
SENTIMENTS BY ERIN ASSOCIATION
APPRECIATE THE EFFORTS OF THIS
AUTHOR BECAUSE WE THINK THIS
WILL BE HELPFUL FOR SMALL
BUSINESSES THANK YOU.
THANK YOU NICE PLACE.
COURTNEY GENTLE TECHNION SUPPORT
THANK YOU NEXT PLEASE STEVE
CARLSON CTIA THE WIRELESS
INDUSTRY TRADE ASSOCIATION AND
THE ASSOCIATION ASSOCIATION OF
NATIONAL ADVERTISERS AND SUPPORT.
THANK YOU MUCH NEXT PLACE.
NEARLY PEDRO WITH MAKE YOU CAP
GIN ASSOCIATES ON BEHALF OF THE
CALIFORNIA CREDIT UNION LEAGUE
IN SUPPORT.
THANK YOU NEXT PLEASE.
MICHAEL WERNICKE ENTERTAINMENT
SOFTWARE ASSOCIATION IN SUPPORT
THANK YOU NEXT PLACE.
AARON GROTH THE CALIFORNIA
TRACTION SOME PARKS ASSOCIATION
IN SUPPORT THANK YOU NICE PLACE.
BERNIE ROSTER WITH CALIFORNIA
CABLE AND TELECOMMUNICATIONS
ASSOCIATION IN SUPPORT THANK YOU
THANK YOU NEXT PLACE.
KELLY HAD HAVE COMP TIA ON IN
SUPPORT THANK YOU.
THANK YOU VERY MUCH NEXT PLEASE
MARK GLASPIE ARRIVE CALIFORNIA
RETAILERS SITUATIONS PARTY THANK
YOU NEXT PLEASE.
PLUS SHEPHERD ON BEHALF OF THE
CAL ASIAN CHAMBER OF COMMERCE IN
SUPPORT.
THANK YOU.
OPPOSITION [inaudible]
WELCOME.
THANK YOU GOOD AFTERNOON -- MR
CHILD.
AND MEMBERS OF THE COMMITTEE MY
NAME IS ARE AFFECTS JOHNSON I'M
WITH COMMON SENSE MEDIA CO
SPONSOR OF THE CCPA --
RESPECTFULLY WE MUST OPPOSE THE
BILL AS AS DRAFTED IN AS AMENDED
AS AS DETAILED OUR POSITION
LETTER WHICH UNFORTUNATELY WAS
NOT INCLUDED IN THE COMMITTEE
ANALYSIS.
WE APPRECIATE THE AMENDMENT TO
HAVE A NON INTERNET WAY TO
CONTACT BUSINESS UNDER THE CCPA
CONSUMERS GET A NUMBER OF NEW
RIGHTS.
THEY CAN ASK FOR IT THEY CAN ASK
BUSINESSES TOP SELLING AT THEY
CAN ASK A BUSINESS TO DELETE IT.
BUT THEY HAVE TO EXERCISE THESE
RIGHTS THEY HAVE TO
AFFIRMATIVELY A START BUTTON AND
THE CCPA WAS DRAFTED TO MAKE
THAT PROCESS AS EASY AS POSSIBLE
REQUIRING AT LEAST TWO POINTS OF
CONTACT. TO ENSURE THAT USER
RIGHTS CAN ACTUALLY BE
MEANINGFULLY EXERCISED. ONE OF
THOSE POINTS OF CONTACT ON THIS
CCPA AS A TOLL FREE TELEPHONE
NUMBER.
AND THE KEY PART HERE I THINK IS
THAT IT IS A TELEPHONE NUMBER.
AGAIN WE APPRECIATE THAT.
THE AMENDMENTS WOULD ALLOW FOR
CONSUMERS TO CONTACT BUSINESSES.
REGARDING POSTAL MAIL ALSO KNOWN
AS A SNAIL MAIL BECAUSE IT TAKES
A SIGNIFICANT AMOUNT OF TIME.
BUT THIS IS NOT A SUFFICIENT --
THIS DOES NOT WOULD NOT REPLACE
THE TELEPHONE NUMBER.
AND SHE DOESN'T SEVENTEEN NEARLY
A THIRD OF SENIOR AMERICANS AGE
SIXTY FIVE AND OVER.
AND ADULTS WITH LESS THAN A HIGH
SCHOOL EDUCATION DO NOT
REGULATED USE THE INTERNET AND
ROUGHLY THREE IN TEN ADULTS WITH
LOWER HOUSEHOLD INCOMES UNDER
THIRTY THOUSAND DOLLARS.
DO NOT ON SMARTPHONES IN ORDER
FOR THESE PEOPLE THAT MEANING
FLEA EXERCISE THEIR RIGHTS THEY
SHOULD BE ABLE TO MAKE A PHONE
CALL 95% OF AMERICANS HAVE
ACCESS TO A SOFT ON INFORMATION
OF THESE INDIVIDUALS AS
COLLECTED BOUGHT AND SOLD JUST
LIKE EVERYONE ELSE'S.
AND THEY SHOULD BE ABLE TO
EXERCISE THEIR RIGHTS BY MAKING
A CALL AND NOT HAVE TO SEND
SOMETHING IN THE MAIL AND HOPE
THAT SOME DAY ARRIVES AND HOPE
THAT SOMEDAY THAT THEY GET A
RESPONSE [inaudible]
WE OPPOSE.
THANK YOU MY CHáVEZ TIONAL
OPPOSITION.
I WANT TO STATE FOR THE RECORD
THAT -- THE OPPOSITION LETTERS
WERE DISTRIBUTED TO MEMBERS OF
THE COMMITTEE I BELIEVE THAT --
THEY ARRIVED LATE SO THAT'S THE
REASON WE DID NOT INCLUDE THEM
IN THE ANALYSIS.
AND OUT SO WITH THAT I I THINK
THIS IS A BILL THAT WE COULD
ACTUALLY UP BILL COMPROMISE SON
I THINK TAUGHT SO IT'S A IT'S A
IS IS NOT REALLY.
I MEAN I I THINK IT'S SOMETHING
THAT YOU KNOW THE AUTHOR CAN
DEFINITELY WORK WITH OPPOSITION --
IN ADDRESSING SOME OF THE
CONCERNS I SO I I WANT TO
ENCOURAGE TO THE AUTHOR DO SO.
AND BUT I THINK YOU KNOW.
CONSIDERING THE FACT THIS IS THE
FIRST COMMITTEE SO I I FEEL VERY
COMFORTABLE SUPPORTING THE BILL
BUT I DO ENCOURAGE TO BOTH SIDES
TO KIND OF GET TOGETHER AND KIND
OF SEE IF WE CAN WORK SOMETHING
OUT.
AREN'T SO -- QUESTION FROM
MISTER OBERNOLTE.
THANK YOU MISTER CHAIR TO A
HAPPY TO SUPPORT THE BILL TODAY --
HAD A QUESTION THOUGH THE
OPPOSITION IS OBJECTING.
TO THE POTENTIAL FOR A BUSINESS
HAVING AN EMAIL ADDRESS AND NOT.
A TELEPHONE NUMBER TO REQUEST
DISCLOSURE OF THE INFORMATION IS
THE CONVERSE ALSO ALLOWED UNDER
THE BILL IN OTHER WORDS CAN YOU
HAVE A TOLL FREE NUMBER AND NOT
AN EMAIL ADDRESS BECAUSE MY
READING OF THE BILL.
WOULD INDICATE THAT YOU COULD
[inaudible]
YEAH YOU.
YOUR TELEPHONE NUMBER OR ANY
EMAIL.
SO YEAH IT'S IT'S KIND OF A A OR
B. AND C. OKAY SO IF YOU HAVE A
TELEPHONE NUMBER.
YOU DON'T NEED THE EMAIL ADDRESS
OR THE PHYSICAL ADDRESS SO LET
ME JUST SUGGEST THAT THAT MIGHT
NOT BE.
THE MIGHT BE SOMETHING THAT DID
YOU MIGHT WANT TO LOOK AT IS
THAT -- MOVES FORWARD BECAUSE
SINCE WERE PREDOMINATELY TALKING
ABOUT ELECTRONIC INFORMATION
HERE -- I DON'T MEAN I CAN
IMAGINE MAYBE A BAD ACTOR TRYING
TO DISCOURAGE CONSUMERS FROM
REQUESTING A DISCLOSURE OF THAT
INFORMATION.
YEAH AND IMPLEMENTING A TOLL
FREE NUMBER BECAUSE THEY KNOW
THAT FEWER PEOPLE WALK WILL TAKE
THE TIME TO CALL THE NUMBER THEY
ON GO ONLINE OR SEND AN EMAIL SO --
I I REALLY THINK THAT THAT MEANT
THAT MIGHT BE SOMETHING THAT.
YOU MIGHT NOT WANT TO ALLOW BUT
ANYWAY HAVE A HAVE A HAVE A LOOK
BUT HAPPY JUST PORTABILITY THANK
THANK YOU VERY MUCH AND
DEFINITELY SOMETHING A LOT OF
CONVERSATION ABOUT.
THE ADDITIONAL COMMENTS OR
QUESTIONS SEEN AND WOULD YOU
LIKE TO CLOSE.
HI THANK YOU MISTER CHAIR AND
THANK YOU FOR YOUR COMMENTS IT
WILL YOU WE'VE.
WORKED WITH WITH FOLKS YOU HAVE
CONCERNS ABOUT THE BILL UP TO
NOW WILL CONTINUE TO WORK WORK
WITH FOLKS.
WHO HAVE CONCERNS ABOUT THE BILL
AND IN THE MEANTIME RESPECT FAST
FOR A VOTE THANK YOU VERY MUCH I
DO I HAVE A MOTION?
HAS BEEN MOVED AND SECONDED
SARAH.
THE MOTION IS TO PASS AS AMENDED
TO APPROACH -- MADAM SECRETARY
PLEASE CALL THE ROLL CHAU HI SO
I KILEY.
BAUER-KAHAN.
BAUER-KAHAN AYE BERMAN AYE.
BERMAN HI CALDERON.
CALDERON HI GABRIEL.
GABRIEL I GALLAGHER.
GALLAGHER I IRWIN [inaudible]
OBERNOLTE.
OBERNOLTE HIGHSMITH.
WICKS.
HAVE SEVEN VOTES THE BILL IS OUT
CONGRATULATIONS AND THANK YOU
VERY MUCH.
ON THAT BRINGS US.
TO THE TO MY BILL I THINK AB
TWENTY FIVE LET ME -- ALL DAY.
I'M GONNA GIVE IT [inaudible]
OF STAY DOWN THERE YEAH.
OUR MODEL SEE.
MR ONE HELL TO WHICH I COULD
CARE.
OKAY.
ALL OKAY THAT'S RIGHT
[inaudible]
THANKS [inaudible]
OKAY [inaudible]
BOB THIS.
RIGHT WORD FILE ITEM NUMBER ONE
AB TWENTY FIVE CHAO PLEASE
PROCEED.
I THANK YOU VERY MUCH.
OF HOW JUST TO KEEP A VERY BRIEF
Là AB TWENTY FIVE IS ACTUALLY
CLARIFIES.
THAT THE DEFINITION OF CONSUMER
EXCLUDES INDIVIDUALS.
WHO SELL PERSONAL INFORMATION
HAVE BEEN COLLECTED BY A DAY --
BY BUSINESS AND OF COURSE OF
THEIR ACTIVITIES FOR THE
BUSINESS AS AN EMPLOYEE
CONTRACTOR.
AGENT OR JOB APPLICANT BUT ONLY
TO THE EXTENT THAT THEIR
INFORMATION IS COLLECTED AND
USED SOLELY FOR PURPOSES RELATED
TO THOSE ACTIVITIES.
SO SINCE THE PASSAGE OF US THE
CPA THERE HAVE BEEN NUMEROUS
REQUESTS FOR FURTHER
CLARIFICATION ON THE RIGHTS
PROTECTIONS.
AND OBLIGATIONS ESTABLISHED BY
THE CCPA. ONE ISSUE THAT HAS
BEEN REPLACED IS THE NEED TO
CLARIFY THE DEFINITION OF
CONSUMER.
OF DOES NOT INCLUDE AN EMPLOYEE
ACTING WITHIN THE SCOPE OF AN
EMPLOYEE.
MANY BUSINESSES HAVE ARGUED THAT
CCPA COULD BE READ TO ALSO APPLY
TO CALIFORNIANS IN THEIR
CAPACITY AS EMPLOYEES BOTH TO
CAPTURE THEIR EMPLOYEE -- DATA
AND ALSO TO POTENTIALLY CAPTURE
BUSINESS DATA OF ANOTHER
BUSINESS IN THE CONTEXT OF
BUSINESS TO BUSINESS
INTERACTIONS.
WELL WE NEVER ENVISIONED THIS
BEING AN ISSUE IT HAS BEEN
EXPRESSED THAT AS DRAFTED IN
EMPLOYEE ACCUSED OF LET'S SAY
SEXUAL HARASSMENT.
COULD THE REQUEST THAT THE
COMPLAINT ABOUT THEM ABI EXPUNGE
TO A PURSUANT TO THE RIGHT TO
DELETE FOR EXAMPLE ACCORDING TO
A SEVENTEEN NINETY EIGHT ONE
POINT.
OH FIVE OF FROM THE COMPANY'S
FILES ARE THIS CLASSIFICATION IS
STATURE WOULD ENSURE THAT
INDIVIDUALS RETAIN RIGHTS UNDER
THE CBC'S.
IN THEIR CAPACITY AS A CONSUMER
BUT NOT.
IN THEIR CAPACITY AS AN EMPLOYEE
ANOTHER ISSUE THAT HAS BEEN
RACES THE CONCERNED A HIGHLY
SENSITIVE INFORMATION LIKE
CREDIT CARD -- SO SECURE NUMBER
COULD FALL INTO THE WRONG HANDS
WHEN A REQUEST IS MADE FOR
SPECIFIC INFANT SPECIFIC PIECES
OF INFORMATION.
ON THE THE BUSINESSES COLLECTED
ABOUT A CONSUMER.
ALL THIS CONCERN EXTENDS TO THE
DISCLOSURE OF PERSONAL
INFORMATION SUCH AS THE
CONSUMER'S BROWSING HISTORY WITH
OTHER HOUSEHOLD MEMBERS OR OTHER.
MEMBERS OF THE A SHARE DEVICE
FOR EXAMPLE PARTICULARLY WHAT
INFORMATION COULD LAND IN THE
LIGHT AND THE HANDS OF THE
ABUSIVE SPOUSE OR PARENTS WERE
IN THE HANDS OF A ROOMMATE FOR
EXAMPLE.
ARE WHILE THE CCP REQUIRES SAID
BUSINESS COME COMPLY.
ONLY UPON THE RECEIPT OF A
VERIFIABLE CONSUMER REQUESTS ARE
CONCERNED RACES THAT BUSINESS
MAIN DE COLLECT INFO ADDITIONAL
INFORMATION FROM THE REQUESTING
CONSUMER. TO MAKE SURE THAT THE
PERSONAL AND POTENTIALLY
SENSITIVE INFORMATION IS SENT TO
THE RIGHT PERSON.
ESPECIALLY WHEN BUSINESS HAS NO
DIRECT REAL XIN SHIP THOUGH WITH
THE CONSUMER OR IN SITUATIONS
INVOLVING A SURE.
A HOUSEHOLD OR DEVICE SO THIS
BILL SEEKS TO CLARIFY HOW
BUSINESS SHALL COMPLY WITH
CONSUMERS REQUEST FOR SPECIFIC
INFORMATION.
ARE PIECES OF INFORMATION UNDER
CC PA IN THE PRIVATE IN A
PRIVATE OF PRIVACY PROTECTED
MANNER.
OF PARTICULARLY WHEN -- A
CERTAIN INFORMATION MIGHT BE
TIED TO A HOUSEHOLD DEVICES THAT
CONSUMERS SHARES WITH OTHERS SO
WITH THAT I I RESPECTFULLY ASK
FOR YOUR VOTE.
THANK YOU MISTER CELLO WITNESSES
IN SUPPORT.
GOOD AFTERNOON MISTER CHAIR
MISTER KING.
AND MEMBERS -- SERRA --
TESTIFYING.
WITH CAL CHAMBER BRIEFLY AND I
HAVE HERE.
AS AN EXPERT TO ANSWER ANY
QUESTIONS THAT MIGHT COME UP JIM
HALPERT WHO'S THE GLOBAL CO
CHAIR CO CHAIR OF DELAY PAPERS
PRIVACY AND CYBERSECURITY
PRACTICE -- JUST WANT TO FIRST
THANK MR CHOW -- AND HIS STAFF
FOR ALL OF THEIR WORK ON THIS
BILL -- WHICH INCLUDES A CRUCIAL
FIX -- TO THE BUSINESS COMMUNITY
THE DEFINITION OF CONSUMER THOSE
HAVE RIGHTS UNDER THIS LAW LIKE
THE RIGHT TO ACCESS OR DELETE
INFORMATION COULD BE INTERPRETED
TO INCLUDE EMPLOYEES WITHOUT
THIS CLARIFICATION AND THAT'S
PROBLEMATIC FOR TWO REASONS.
FIRST THE OPERATIONAL COSTS FOR
BUSINESSES ESPECIALLY SMALL
BUSINESSES -- OF INCLUDING
EMPLOYEES AND JOB APPLICANTS
WOULD BE EXORBITANT.
IMAGINE A FAMILY OWNED
RESTAURANT THAT SERVES A HUNDRED
FIFTY TABLES PER DAY WITHOUT
THIS FIX THAT MIGHT HAVE TO AB
OPERATIONALIZE THE CCPA FOR THE
KITCHEN AND WAIT STAFF IN A
BUSINESS WITH HIGH TURNOVER AND
LOW PROFIT MARGINS.
SECOND IT COULD LEAD TO
UNINTENDED CONSEQUENCES ACCESS
TO PERSONAL INFORMATION IN THE
EMPLOYMENT CONTEXT IS ALREADY
ESTABLISHED UNDER CALIFORNIA LAW
WITHOUT THIS FIX THIS EASY PAY
COULD ALLOW SEPARATED SPOUSES
PART OF HOUSEHOLDS TO GAIN
ACCESS TO PAYROLL RECORDS.
ALSO GIVING EMPLOYEES THE RIGHT
TO DELETE CERTAIN INFORMATION
COULD BE PROBLEMATIC FOR EXAMPLE
AN EMPLOYEE COULD ASK A BUSINESS
DAILY ACCUSATIONS OF SEXUAL
HARASSMENT.
LANGUAGE OF THIS BILL --
ADDRESSES PROACTIVELY THE
CONCERNS WE BELIEVE PRIVACY
ADVOCATES WOULD HAVE FOR EXAMPLE
THE LANGUAGE IN A LOT TAKES INTO
ACCOUNT SOMEONE MIGHT BE BOTHAN
EMPLOYEE AND A CONSUMER.
OF THE BUSINESS AND ENSURE THAT
SUCH PERSON WOULD STILL RETAIN
ALL THE RIGHTS TO THE C. P. AS A
CONSUMER AND IT TAKES INTO
ACCOUNT THE CONCERN THAT SOME
EMPLOYERS MIGHT USE.
DATA -- THAT'S NOT RELATED LIKE
DATA FOR PURPOSES NOT RELATED TO
EMPLOYMENT AND SORENESS A
LANGUAGE ADDRESS THIS ISSUE --
CREATING A LIMITATION THAT ONLY
DATA COLLECTED IN THE CONTEXT OF
EMPLOYMENT COULD BE EXEMPTED
FROM THE C. CPA.
THROUGH NEGOTIATION SET UP WITH
MISTER CHALLEN STAFF -- WE MET
WITH PRIVACY ADVOCATES INCLUDING
MR TARA WHO REQUESTED WE NARROW
THAT LANGUAGE TO DATA COLLECTED
AND USED SOLELY FOR PURPOSES
RELATED TO IT EMPLOYMENT WE
ACCEPTED THAT CHANGE -- FINALLY
WE APPRECIATE AB TWENTY FIVE HAS
INTENT LANGUAGE TO ENSURE WHEN A
CONSUMER REQUEST SPECIFIC PIECES
OF INFORMATION FROM A BUSINESS
IT'LL BE DONE IN A SAFE MANNER
WE HOPE TO ADDRESS -- THAT
CONCERNED WITH OUR CONCERNS WITH
HOUSEHOLDS AS WELL AS OUR
CONCERNS ABOUT BUSINESS TO
BUSINESS TRANSACTIONS IN AB
TWENTY FIVE AND WE REALLY LOOK
FORWARD TO WORKING WITH AUTHOR
AND HIS STAFF.
AS WELL AS MISTER MISTER KARGER
ANY OTHER PRIVACY ADVOCATES ON
THESE ISSUES AND AGAIN THANK YOU
SO MUCH MISTER TELL FOR YOUR
EFFORTS -- ON THIS BILL AND
MEMBERS WE RESPECTFULLY ASK YOUR
AYE VOTE THANK YOU THANK YOU
ADDITIONAL WITNESSES IN SUPPORT.
SE NON MEMBERS OF THE PUBLIC IN
SUPPORT.
NUMBER -- ONE BILLER ON BEHALF
OF BRUCE MAC GRAY IN YOU PS.
IN SUPPORT.
MICROBES IN HERE ON BEHALF OF
THE AMERICAN STAFFING
ASSOCIATION THE CALIFORNIA STAFF
CONFESSIONALS IN SUPPORT.
MICHAEL WHEN HE ENTERTAINMENT
SOFTWARE ASSOCIATION IN SUPPORT.
ALL OF IRAQ RIGHT CALIFORNIA
LIFE SCIENCES ASSOCIATION IN
SUPPORT THANK YOU.
FIELDING GRAVES OF THE ADVANCED
MEDICAL TECHNOLOGY ASSOCIATION
SUPPORT THANK YOU.
KELLY HIT ON BEHALF OF COME TO
GET IN SUPPORT THANK YOU.
BEN I THINK I MAY HAVE THE
NATIONAL PAYROLL REPORTING
CONSORTIUM IN SUPPORT THANK YOU
TO THE AUTHOR.
STEVE CARLSON CTIA THE WIRELESS
ASSOCIATION AND THE ASSOCIATION
OF NATIONAL ADVERTISERS.
KEVIN GOLD CALIFORNIA BANKERS
ASSOCIATION IN SUPPORT.
AT CERTAIN OF THE CALIFORNIA
RESTAURANT ASSOCIATION IN
SUPPORT.
NEARLY DROWNED WITH MAKE YOU
CAPTAIN ASSOCIATES ON BEHALF OF
THE CALIFORNIA MANUFACTURERS AND
TECHNOLOGY ASSOCIATION IN
SUPPORT.
COURTNEY JOHNSON WHAT TECH MEN
SPORT.
STEPHANIE MOORE ON BEHALF OF THE
CONSUMER TECHNOLOGY ASSOCIATION
AND SUPPORT.
REPUBLICAN HAVE CONSUMER DEBT
INDUSTRY ASSOCIATION AN
INTERNATIONAL FRANCHISE
ASSOCIATION SUPPORT.
PAT CHOICE ON BEHALF OF THE
INTERACTIVE ADVERTISING BUREAU
IN SUPPORT.
JOHN CALLED ALL CALIFORNIA LAND
TITLE ASSOCIATION IN SUPPORT.
JOHN MOFFITT FOR THE ALLIANCE OF
AUTOMOBILE MANUFACTURERS IN
SUPPORT.
OUR REQUESTING CALIFORNIA
RETAILERS ASSOCIATION IN SUPPORT.
KELLY ASH THE CALIFORNIA GROCERS
ASSOCIATION IN SUPPORT.
BERNIE ROSTER WITH A CALIFORNIA
CABLE AND TELECOMMUNICATIONS
ASSOCIATION IN SUPPORT.
CHRIS MORE SUFFERING INFORMATION
INDUSTRY ASSOCIATION IN SUPPORT.
THANK YOU VERY MUCH OF LESSER
SENDING THE KALENJIN CHAMBER OF
COMMERCE IN SUPPORT SORRY.
WHERE ELSE RETIRED FROM
CALIFORNIA'S OUR CONSUMER
PRIVACY -- WE DON'T WE HAVEN'T
OR DON'T HAVE A POSITION ON THE
BILL -- BUT THE ONE THING I'D
LIKE TO SUGGEST IS THAT THE
BOARD AGENT -- IS HANGING OUT
THERE RIGHT NOW UNDEFINED AND
IT'S LOST ON US WHAT AGENT IS
THE CONTRACTOR IS NOT A
CONTRACTOR IS DEFINED AND SO TO
THE EXTENT THAT AGENT IS
SOMETHING OTHER THAN CONTRACT
WITH YOU COULD BE TO FIND OTHER
WAYS WE THINK IT SHOULD BE
STRICKEN.
BUT OTHER THAN THAT WE
APPRECIATE THE CHAIR MEMBERS THE
THE COULD COMMITTEE STAFF
MEMBERS FOR ALL THEIR WORK.
CAR FIND THIS ALMOST AND TODAY
WAS PASSED THIS IS BEEN AN ISSUE
THAT.
MANY PRODUCTS THAT WE THINK IT'S
HARD BUT IT'S BETTER.
THANK YOU VERY MUCH ANY
WITNESSES IN OPPOSITION.
GOOD AFTERNOON MISTER CHAIR
MEMBERS OF THE COMMITTEE ARE
AFFECTS JOHNSON WITH.
COMMON SENSE MEDIA -- FIRST I
ALSO WANTED TO THINK THAT CHAIR
AND HIS STAFF FOR WORKING SINCE
OUSTER MENTION SINCE THE BILL IS
PASSED WITH ALL OF THE
STAKEHOLDERS ON HOW TO FIGURE
OUT THE EMPLOYER EMPLOYEE
EXCEPTION -- I RESPECTFULLY WE
MUST OPPOSE THE LANGUAGE RIGHT
NOW AS IT IS DRAFTED -- WE AGREE
THAT THERE IS A DISTINCTION
BETWEEN AN EMPLOYER EMPLOYEE
RELATIONSHIP AND WITH A BUSINESS
AND CONSUMER.
AND WE HAVE NO CONCERNS
REGARDING YOU KNOW PAYROLL
RECORDS BEING EXCLUDED OR A
FAMILY OWNED RESTAURANTS HR FILE
NOT BEING PART OF THE CCPA.
WERE CONCERNED HOWEVER THAT AS
DRAFTED.
THERE IS FAR TOO MUCH SPACE FOR
INDUSTRY TO ABUSE THE OPENING
THAT THEY HAVE BEEN GIVEN THAT
WE THINK THAT ANY EXCEPTION
SHOULD APPLY ONLY TO INFORMATION.
THAT'S NECESSARY FOR AN EMPLOYER
TO COLLECT BETWEEN AN EMPLOYER
OR A CONTRACTOR AN EMPLOYEE --
WITHOUT A REQUIREMENT THAT
INFORMATION HAS TO BE NECESSARY
FOR EMPLOYMENT OR FOR
CONTRACTING EMPLOYERS HAVE NO
LIMITS ON WHAT TYPE OF
INFORMATION THEY CAN COLLECT AND
USE FROM EMPLOYEES.
OUTSIDE OF THE SAFEGUARDS OF THE
CZ PA GIVEN THE EVER INCREASING
CORPORATE SURVEILLANCE OF THE
WORK FORCE INCLUDING.
COLLECTING MOVEMENT OUT ON
EMPLOYEES REQUIRING EMPLOYEES TO
WEAR.
BADGES THAT HAVE MICROPHONES --
COMPANIES TRYING TO LEARN WHEN
THEIR EMPLOYEES ARE PLANNING TO
CONCEIVE IT IS OBVIOUS THAT
EMPLOYERS FEEL FREE TO TIE JUST
ABOUT ALL TYPES OF INFORMATION.
TO EMPLOYMENT SO THE RISK OF
ABUSE IS REAL IN ADDITION UNDER
THE PRESENT DEFINITION WERE
CONCERNED THAT EMPLOYERS COULD
MINE LOTS OF SENSITIVE
INFORMATION ABOUT THEIR
EMPLOYEES.
AND USE THAT TO MARKET PRODUCTS
TO THEM AGAIN AS LONG AS THE
EMPLOYER IS MARKETING TO ITS
EMPLOYEES.
WE DO NOT THINK THAT THIS IS THE
AUTHOR'S INTENT TO GIVE CARP
WANTS TO SUCH INTRUSIVE BEHAVIOR.
AND SO WE WOULD RESPECTFULLY
REQUEST THAT THE EXEMPTION
LANGUAGE BE BE NARROWED.
THANK YOU.
THANKS VERY MUCH.
ADDITIONAL WITNESSES IN
OPPOSITION AT SMITH THE COURT ON
BEHALF OF PRIVACY RIGHTS
CLEARING HOUSE IN THE ELECTRONIC
FRONTIER FOUNDATION I WOULD
AFFILIATE MY COMMENTS WITH MY
COLLEAGUES AND LOOK FORWARD TO
CONTINUING WORKING WITH THE
AUTHOR THANK YOU -- JACOBS KNOW
A SO YOU OF CALIFORNIA ALSO
AFFILIATE -- WITH A COLLEAGUES
AT US YES I'M AND OPEN FOR FOR
THE CONVERSATIONS.
ALL RIGHT BRING IT BACK TO
COMMITTEE ANY QUESTIONS.
SE NON WE HAVE A MOTION A SECOND
THE MOTION IS DUE PASSED TO
APPROPRIATIONS MR CHOW JULY TO
CLOSE I A RESPECTFULLY ASK FOR
YOUR RIVAL AND WILL CONTINUE TO
WORK WITH ALL STAKEHOLDERS TO
WORK OUT THE ISSUES THAT BEEN
RAISED TODAY.
WEATHER'S AGENT CONTRACT OR A
NET THE WORD NECESSARY SO I
THINK THERE'S STILL A LITTLE BIT
OF WORK AHEAD OF US SO WE
CONTINUE -- TO WORK WITH THEM
AND LOOK -- FOR TO FINE TUNING
HIS BILL.
WE HAD FOR FATHERS THANK YOU
WITH ADAM RESPECTFULLY ASK HER
ABOUT.
MADAM SECRETARY PLEASE CALL THE
ROLL.
CHAU.
HI CHAO I'D KILEY.
BAUER-KAHAN.
BAUER-KAHAN I BERMAN.
BERMAN I CALDERON CALDERON AYE
GABRIEL [inaudible]
GALLAGHER.
GALLAGHER I IRWIN.
OBERNOLTE HI BERMAN OC ICE SMITH.
SMITH I WEEKS. SEVEN ZERO THE
BILL IS OUT THANK YOU VERY MUCH
I HAVE A COUPLE MORE BILLS IF I
COULD TAXES SIZE MY PREROGATIVE
IS THE CHAIR THE BASICALLY
FINISH UP MY MY BILLS HERE.
AND I I'M LOOKING AT MISTER
GALLAGHER BECAUSE HE'S SUPPOSED
TO BE NEXT BUT WITH YOUR
INDULGENCE MISTER GALLAGHER -- I
HELLO OKAY.
IF THAT'S THE CASE THEN WHY
DON'T I TAKE THEM UP LATER.
AB -- I I'D RECOMMEND YOU STAY
THERE THEM.
I'LL MAKE A QUICK OF THAT.
I'LL MAKE IT QUICK [inaudible]
ALL RIGHT.
CAN WE GO WITH AB.
THREE EIGHTY FOUR MISTER CHAIR.
RIGHT SO THIS IS A FILE ITEM
TWELVE AB.
THREE EIGHTY FOUR OF THANK YOU
VERY MUCH MISTER AND MEMBERS --
AB THREE FOUR WOULD IMPLEMENT
REASONABLE REGULATIONS WITH THE
USE OF DIGITAL HEALTH FEEDBACK
SYSTEM INCLUDING ITEMS SUCH AS
DIGITAL PILLS.
WHAT TECHNOLOGY STANDS TO
IMPROVE HOW HERE OF CARE IS
DELIVER?
ALL THESE ADVANCES DO NOT COME
WITHOUT RISK HEALTH AND MEDICAL
INFORMATION IS BY ITS VERY
NATURE DEEPLY PERSONAL AND
SENSITIVE.
NEW TECHNOLOGY MAKES MEDICAL
INFORMATION EASILY AND QUICKLY
ACCESSIBLE VIA APPLICATIONS AND
WEBSITES IN CALIFORNIA HOUSE.
ENSURE THAT MEDICAL INFORMATION
NEED HELP BY MOBILE DEVICES IS
PROTECTED UNDER ALL PRIVACY LAWS.
HOWEVER IN IT IN ORDER TO BE
CONSIDERED MEDICAL INFORMATION --
THE INFORMATION GENERALLY NEEDS
TO BE GENERATED BY A HEALTH CARE
PROVIDER INFORMATION THAT IS
GENERATED BY A DIGITAL HEALTH
FEEDBACK SYSTEM FOR EXAMPLE.
A MEETING AT THE PATIENT LEVEL
AND OUTSIDE OF A MEDICAL FOR US
THE SO THE WILL NOT.
NECESSARILY BE CAPTURE UNDER THE
EXISTING DEFINITION OF MEDICAL
INFORMATION.
SEVERAL FORMS OF DIGITAL BILLS
ARE BEING DEVELOPED WITH A FEW
ALREADY IN USE TEACHES THESE
THAT EURO DIGITAL BILLS AND
PILLOWS EXCUSE ME.
COMBINED WITH INJECTABLE
MICROCHIP SENSORS WITH THE
PHARMACEUTICALS AND COMMUNICATE
WITH THE PATCH THAT -- COLLECTS
INFORMATION SINCE IT TO AN ARAB
SIMILAR TO IF IT BIT.
AS A SYSTEM THIS PRODUCT CAN
RECORD WHETHER WHEN WHETHER AND
WHERE -- IN WHAT QUANTITY A DRUG
IS CONSUME AS WELL AS
INFORMATION ABOUT THE PHYSICAL
STATE OF THE PERSON TAKEN
ADDRESS SUCH AS TEMPERATURE.
ALL ACTIVITY LEVEL HEART RATE
AND RESPIRATION I'M THIS BILL IS
IDENTICAL.
TO THE TWENTY ONE SIX THANK YOU
VERY MUCH OUT WITH THIS
COMMITTEE WHICH UNANIMOUSLY
PASSED ALL LAST YEAR SO SO WITH
THAT I RESPECTFULLY ASK YOUR AYE
VOTE.
THANK YOU MISTER CHAU WITNESSES
IN SUPPORT.
MEMBERS REPUBLICAN SUPPORT.
I'M MORE IN MY HONEY ON BEHALF
OF CONSUMER REPORTS IN SUPPORT.
THANK YOU ANY WITNESSES IN
OPPOSITION.
HI.
THE SUN.
A GOOD AFTERNOON MISTER CHAIRMAN
BIRDS FEELING GRIEF TO THE
ADVANCED MEDICAL TECHNOLOGY
ASSOCIATION WE DO HAVE ONGOING
CONCERNS OF THE BILL.
WERE OPPOSED TO THE BILL IN
PRINT BUT WE'VE BEEN AND REALLY
PRODUCTIVE -- GOOD CONVERSATIONS
WITH THE AUTHOR AND STAFF AND
APPRECIATE -- THOSE EFFORTS WE
FEEL LIKE WE GET TO RESOLUTION
ON THIS ISSUE THIS YEAR.
THANK YOU MISTER MEMBERS ALL
ROCK WAY CALIFORNIA LIFE
SCIENCES ASSOCIATION FEEL THE
EXACT SAME WAY I THINK WE'RE
MAKING REALLY GOOD PROGRESS --
WE THINK SOME OF THE INFORMATION
COMING OUT OF THESE MEDICAL
DEVICES SHOULD BE CONSIDERED AS
PERSONAL HEALTH RECORDS IN THERE
FOR PART OF YOUR MEDICAL RECORD
HISTORY -- WHICH IS SLIGHTLY
DIFFERENT AND SOMETHING ELSE BUT
I THINK WERE MAKING SIGNIFICANT
PROCESS AND LOOK FORWARD TO
MOVING THE BILL IN A POSITIVE
REACTION THANK YOU.
VERY MUCH THANK YOU.
MANY MEMBERS OF THE PUBLIC IN
OPPOSITION.
BRING IT BACK TO COMMITTEE ANY
QUESTIONS FROM COMMITTEE MEMBERS.
SEEING NONE WE HAVE A MOTION AND
A SECOND THE MOTION IS TO PASS
TO APPROPRIATIONS MISTER
CHALLENGE LIKE CLOTHES.
MISTER CHAIR I WOULD LIKE TO
CLOSE I A RESPECTFULLY ASK FOR
AYE THANK YOU VERY MUCH MADAM
SECRETARY PLEASE CALL THE ROLL
SAU HI SO I KILEY.
BAUER-KAHAN BAUER-KAHAN I BERMAN
BERMAN I CALLED AROUND.
CALDERON HI GABRIEL [inaudible]
GALLAGHER.
GALLAGHER HI IRWIN.
OBERNOLTE NO FOR NOW.
I'M SORRY NO.
OBERNOLTE NO [inaudible]
SMITH.
SMITH I WEEKS [inaudible] SIX
YOUR BILL IS SIX TO ONE IT IS
OUT.
THANK YOU VERY MUCH OUT.
FINALLY AB -- SEVENTEEN EIGHTY
TWO I LIKE TO ACCEPT THE THE AS
AUTHORS AMENDMENTS THE
AMENDMENTS LISTED IN THE
ANALYSIS WHICH IS ACTUALLY MOVED --
REMOVED THE TERM AGENCY FROM
SOME SUBDIVISION H. AND ALSO
INCORPORATE A LANGUAGE IS BUT
SPECIFY FOR END USERS TO ALSO
APPLY -- TO OPERATORS.
THIS BILL A. B. AB SEVENTEEN OF
EIGHTY TO ESTABLISH A BALANCE
BETWEEN.
A PERSONAL PRIVACY AND PUBLIC
SAFETY BY CREATING SPECIFIC
PROCEDURES AROUND THE RETENTION
AND SHARING OF DATA.
THANK YOU.
COLLECTED BY AUTOMATED LICENSE
PLATE READERS OR A. L. P. R. A.
O. P. OURS ARE HIGH SPEED CAMERA
SYSTEMS THAT PHOTOGRAPH LICENSE
PLATES CONVERTED INTO NUMBERS
AND LETTERS INTO MACHINE
READABLE TAX.
ATTACKED THEM WITH THE TIME AND
LOCATION AND THEN UPLOAD THAT
DATA INTO A DATABASE FOR
RETRIEVAL ALL THIS INFORMATION
CAN HAVE IN HOUSE HOW DEPOSIT
PUBLIC.
SAFETY OUTCOMES WITHOUT PROPER
GUIDELINES TO TECHNOLOGY POSES.
A THREAT TO THE PRIVACY OF
INDIVIDUALS WHO HAVE DONE
NOTHING WRONG.
CURRENT LAW REQUIRES THAT A. L.
P. R. IN USERS PROVIDE USAGE AND
PRIVACY POLICIES FOR THE THE
SECURITY OF ANY DATA THAT IS
COLLECTED BOTH IN TERMS OF
STORAGE AND ALSO ACCESS.
AND THEN DESTROY ANY NON
INVESTIGATIVE DATA AND MAKE
THEIR OF POLICIES EASILY
ACCESSIBLE TO THE PUBLIC HOWEVER
A CURRENT LAW IS SO VAGUE AND
DOES NOT PROVIDE THE PUBLIC WITH
THE ASSURANCE OF KNOWING THEIR
INFORMATION IS SO.
INDEED SAVE ALL THIS BILL AT
SEVENTEEN EIGHTY TWO WOULD
SAFEGUARD THE INFORMATION BY
PLACING LIMITATIONS ON HOW LONG
THE A. L. P. R. DATA IS KEPT AND
ALSO HOW IT IS SHARE.
MAKING SURE THAT -- AND USES
MISTREAT INFORMATION IN THE SAME
WAY AS A P. R. OPERATORS WITHOUT
I RESPECTFULLY AUS FOR YOU I
WILL.
THANK YOU MISTER CHAIR -- MR
CHOW WITNESSES IN SUPPORT.
AFTER HERE.
TO MEMBERS REPUBLICAN SUPPORT.
ANYWAY THIS IS IN OPPOSITION.
THE MORNING PART GOOD AFTERNOON
WITHOUT ONE MISTER CHAIR AND
MEMBERS COREY CELLS -- HERE ON
BEHALF OF THE CALIFORNIA STATE
SHERIFFS ASSOCIATION REGRETTABLY
IN OPPOSITION. TO AB SEVENTEEN
EIGHTY TWO THE EXISTING LAW
REQUIRES AN END USER AVAIL PAYER
DATA. TO HAVE A POLICY ON THE
USAGE OF THOSE DATA AND ALSO TO
INCLUDE IN THE POLICY
INFORMATION ABOUT WHETHER OR NOT
DATA THAT IS RETAINED HOW LONG
IT WILL BE HELD.
AND IF IT IS TO BE DESTROYED.
THIS BILL TAKES THATSEVERAL
STEPS FURTHER AND SAYS.
THE HE BASICALLY CANNOT HOLD.
NON ANONYMIZED ALE PR DATA FOR
MORE THAN SIXTY DAYS UNLESS
THERE ARE SOME SPECIAL
CIRCUMSTANCES THE THE PROBLEM WE
HAVE WITH THE BILL IS THAT.
THIS POLICY WHICH IS IN PLACE
FOR THE CALIFORNIA HIGHWAY
PATROL CREATES A SITUATION WHERE
DATA THAT COULD BE USED TO HELP
SOLVE CRIMES.
OR TO DETERMINE A SUSPECT'S
IDENTITY OR TO DETERMINE A
SUSPECT'S WHEREABOUTS.
ON A PARTICULAR TIME PERIOD.
WE'LL BE RENDERED USELESS IF
THIS IF THESE DATA CAN ONLY BE
KEPT FOR SIXTY DAYS YOU MAY HAVE
A SITUATION WHERE THREE MONTHS
FOUR YEARS DOWN THE LINE YOU
HAVE A CASE.
AND YOU NEED TO FIND OUT WHETHER
OR NOT THIS PARTICULAR PERSON
WEATHER IS A SUSPECT OR A VICTIM
OR WHOMEVER.
MAY HAVE BEEN IN A PARTICULAR
LOCATION AND IF THERE IS A HELP
YOUR DATA THAT CAN ILLUMINATE
THAT SITUATION.
THIS BILL WOULD EFFECTIVELY LEAD
TO THE DESTRUCTION OF THOSE DATA
FAR BEFORE THEY MIGHT BE USEFUL
IN A CRIMINAL INVESTIGATIONS WE
UNDERSTAND THE CONCERNS ABOUT
PRIVACY.
AND WE APPRECIATE THE AUTHOR'S
TAKING AMENDMENTS THAT ATTEMPT
TO ADDRESS SOME OF THESE ISSUES.
BUT THE REALITY IS PUTTING A
TIME LINE.
MEANS THAT AT SOME POINT THESE
DATA WILL NO LONGER BE AVAILABLE
FOR LAW ENFORCEMENT TO USE FOR
THE PURPOSES OF SOLVING CRIMES.
AND SO FOR THE RECENT THOSE
REASONS WERE OPPOSED TO THE BILL.
THANK YOU ANY ADDITIONAL
WITNESSES OPPOSITION.
MEMBERS THE PUBLIC OPPOSITION.
SING ON BRINGING BACK THE MEDI
ANY QUESTIONS -- SO MY FIRST
QUESTION IS THE CURRENT LAW AND
CONTAINS AN EXCEPTION AROUND.
KEEPING IT KEEPING THE DATA FOR
INVESTIGATIONS I DON'T SEE THAT
IN THE CURRENT STATUTES MY
CONCERN IS THAT THAT WOULD ONLY
APPLY TO THE HIGHWAY PATROL AND
OTHER DIVISIONS IS THAT.
MY READING CORRECT NO THE INTENT
IS -- ADDITIONALLY -- AND APPLY
THE SAME LAW TO BOTH SIXTY AND
OTHER LIFE WAS MADE UC'S SO TO
THE EXTENT THAT THERE IS ANY.
ARE OVERSIGHT IN THE DRAFTING
LANGUAGE THEN WE WANT TO FIX IT
BECAUSE THE IDEA IS TO ALL YOU
KNOW.
WE HAVE A CONSISTENCY BETWEEN
LET'S SAY THE H. SIX P. AND
OTHER LAW ENFORCEMENT AGENCIES.
SO OB TO I UNDERSTAND TO SEIZE
CAN RETAIN THE INFORMATION FOR
LONGER THAN SIXTY DAYS IF THERE
ISN'T SOME KIND OF INVESTIGATION
GOING ON SO WE WANTED THE SAME --
PROCEDURES IN AND RIGHTS TO BE
FORTY TWO OTHER LINES OF LAW
ENFORCEMENT AGENCIES AS WELL.
SO I LIKE I WASN'T MADE AWARE OF
THAT PARTICULAR ON SHORT COMING
UNTIL TODAY SO WE WILL FIX IT TO
MAKE SURE THAT SO IT WILL
PROVIDE FOR THAT EXCEPTION FOR
INVESTIGATION TO CONTINUE GOING
ON TO TO ONE OF THE ISSUES WAS
UP YOU KNOW WE WE WERE EXPECTING --
LAW ENFORCEMENT TO BE AT THE
TABLE BUT IT WASN'T UNTIL
RECENTLY THAT YOU FOLKS ARE AT
THE TABLE SO WE APPRECIATE THAT
THAT YOU'RE HERE.
AND WE WANT TO WORK WITH YOU
BECAUSE WE WE WEREN'T GETTING
ANY RESPONSES FROM LAW
ENFORCEMENT WHATSOEVER.
SO -- IF THERE'S ANYTHING YOU
KNOW THAT LAW ENFORCEMENT WOULD
LIKE FIRST TO TWEAK THE A FEW
FREE TO DO SO BUT THE INTENT
AGAIN TO ANSWER YOUR QUESTION IS.
TO YOU KNOW APPLY THE SAME ALL
TO BOTH SIEGE BE AND ALSO ON THE
LAW ENFORCEMENT AGENCIES
[inaudible]
ON I APPRECIATE THE OBVIOUS IT'S
IMPORTANT INVESTIGATIONS LAST
SIGNIFICANTLY LONGER THAN SIXTY
DAYS.
SO THEY HAVE AN ELDER CHAIN THAT
INFORMATION -- SO MY QUESTION IS
AND THIS IS A TECHNICAL QUESTION
WHICH YOU MAY OR MAY NOT ANSWER
TO IS IT POSSIBLE BECAUSE ONE OF
THINGS ALLOWS FOR IS THE
RETENTION OF THE DAY TO BE ON
THE SIXTY DAYS IF IT'S THE
ANONYMOUS.
I THINK I THAT RIGHT -- IS IT
POSSIBLE TO THEN RETAIN THE DATA
IN A D. ANONYMIZED FASHION AND
USE IT AT A LATER DATE FOR AN
INVESTIGATION BY.
ANONYMOUS THING IT YEAH THE
DETAILED THE LANGUAGE KILEY SAYS
THAT.
IF THEY DO NOT ANONYMIZED
INFORMATION AND THEY HAVE TO
DELETE IT WITHIN SIXTY DAYS
RIGHT GIVEN THAT CAMBIADO TO
MENTION EARLIER.
I'M SO IF THEY WANT TO TRANSFER
THE DATA TO ANOTHER AGENCY OR
OTHER IN THE TEETH AND THE NEED
TO AN ITEMIZED OUT DATA.
AND IF THE ANONYMOUS AGAIN AND
AGAIN TAKE IT OUT OF THAT IF
THEY WERE TO BE IN A SITUATION
SUCH AS MISTRESS HAS A LOW
DESCRIBES WHERE THEY WANTED TO
DO AN INVESTIGATION TO SEE IF
OTHER CRIMES HAVE BEEN COMMITTED
IN A SIMILAR.
WAY THAT'S HOW THE LANGUAGE IS
CURRENTLY DRAFTED SO THAT WOULD
BE POP TECHNICALLY POSSIBLE.
I YES.
OKAY.
A COUPLE THANK YOU I THINK THAT
THAT'S TECHNICALLY OF DO YOU
HAVE A RESPONSE I WAS FOR
SEVERAL.
THROUGH THE CHAIR I I DON'T KNOW
HOW THAT WOULD BE PHYSICALLY
POSSIBLE I MEAN EFFECTIVELY THE
DATA THAT ARE CAPPED IS A
LICENSE PLATE NUMBER YOU KNOW
ABC.
ONE TWO THREE AND THEN A
LOCATION AT A TIME THERE'S
REALLY NO OTHER DATA THAT YOU
CAN ATTACH TO IT.
IN THE CONTEXT OF THE LPR
CIRCUMSTANCE BECAUSE THEY'RE NOT
RUNNING AGAINST ANY DMV DATABASE
SO THEY WOULDN'T HAVE ANY OTHER
INFORMATION.
SO IN ORDER TO ANONYMIZE IT YOUR
AFFECTED LEE I THINK THE HOUSE
IS POINTS THIS OUT IN THE FORMER
COMMITTEE.
YOU HAVE TO SCRAMBLE THE PLATE
NUMBER OF THE CHARACTERISTICS I
DON'T KNOW HOW YOU.
I MEAN I DON'T KNOW IF IT'S PUT
INTO LIKE A ROSE IN.
A STATE WHERE THE LINES INTO
LET'S NOT THE BILL DOESN'T SEEM
TO CONTEMPLATE BUT A HOST YOU
WOULD DO IT.
IN AND AND TO THE POINT ABOUT
THE SIXTY DAYS WE WE AGREE THAT
WITH THE AMENDMENTS THAT WOULD
BE -- COMPATIBLE WITH EXISTING
LAW THAT APPLIES THE SIEGE BE
BUT WERE OPPOSED TO THAT STILL.
EVEN EVEN THOUGH THE LANGUAGE.
THAT.
IF THERE'S INVESTIGATION PENDING
OR IN CONNECTION WITH A FELONY
YOU MAY NOT KNOW THAT SIXTY DAYS
SO IT'S HELPFUL TO BE SURE.
BUT IT DOESN'T GET OUT THE
SITUATION I DESCRIBED WHICH IS
THREE YEARS FROM NOW WE DON'T
HAVE INVESTIGATION PENDING AND
THEN YOU KNOW YOU HAVE AND YOU
HAVE SOMETHING THAT COMES AND
SAYS -- WE HAVE THIS COLD CASE
BECAUSE THERE IS NO MORE
INVESTIGATION.
YOU WOULD NOT BE ABLE TO CALL
BACK THE DATA BECAUSE THEY WOULD
HAVE BEEN DESTROYED.
SO I MEAN I'M SORRY I'M LOOKING
AT MY COLLEAGUES TO MY RATE
BECAUSE I BUT HE CAN ANSWER MY
QUESTION WHICH I DON'T HAVE THE
TECHNICAL EXPERTISE TO
BUT I RESPECT THEM TO RESPECT
BOTH SIDES MY COMMUNITY USES
THESE AND THEY'VE BEEN USED
EFFECTIVELY MANY TIMES TO DEAL
WITH ROBBERIES.
AND I WAS JUST IN PUBLIC SAFETY
IS MIND TALKING ABOUT.
SEQUENTIAL ROBBERIES -- SO YOU
KNOW OBVIOUSLY WE HAVEN'T
INCIDENTS WHERE MAYBE THERE IS
ONE PRIOR TO SIXTY DAYS SOMEONE
AFTER SIX YEARS I SEE THE
CONCERN OF LAW ENFORCEMENT -- I
WOULD LOVE THE IDEA OF A
COMPROMISE WHERE WE COULD.
ANONYMIZE IT AND THEN IF
NECESSARY LAW ENFORCEMENT COULD
CLYDE BACK VERSUS HAVING THIS
DATA SITTING OUT THERE AND
ESPECIALLY GIVEN I SEE THE
BENEFITS ALONG FORCE MAN I AM
CONCERNED WITH THE SALE OF THIS
DATA RIGHT WHICH WE SEE IN THE
REPORT.
AND SO CAN WE FIND THE HAPPY
MEDIUM BETWEEN PROTECTING OUR
PRIVACY AVOIDING THE SALE OF THE
STATE ABOUT THE SAME TIME
PROTECTING PUBLIC SAFETY.
AND I I WOULD.
LIKE TO KNOW IF THAT WAS
TECHNICALLY POSSIBLE.
THANK YOU MISTER.
ONE I THOUGHT YOU WERE GONNA
ANSWER THAT I I THINK I MEAN THE
IDEA WITH.
WITH ANONYMIZING DATA IS THAT IT
CANNOT BE YOU'RE NOT SUPPOSED TO
BE ABLE TO PUT IT BACK TOGETHER
SO IF YOU WERE TO KEEP IT AFTER
SIXTY DAYS YOU WOULD ENCRYPTED.
AND BUT YOU KNOW THAT THAT'S THE
THE BILL PROBABLY DISCUSSION
THAT THEY HAVE TO HAVE ONGOING
BUT YOU YOU -- FIVE MR OBERNOLTE
MIGHT HAVE SOME COMMENTS ON THAT
BUT I AGREE WITH YOU THE WHOLE
POINT OF ANONYMIZING THE DATA.
IS SO THAT YOU DISSOCIATE THE
IDENTITY WITH THE DATA AND IF
THERE WAS A WAY OF PUTTING IT
BACK TOGETHER THAT WOULD DEFEAT
THE PURPOSE OF HAVING ANONYMIZED
AT THE FIRST PLACE.
BUT I'M OPEN TO HAVING -- THE
DATA BEING AN ENCRYPTED AS WELL
I MEAN I'VE GOT SOMETHING THAT
LAW ENFORCEMENT IS WILLING AND
ABLE TO DO -- SO I YOU KNOW I'M
NOT KIND OF MERRY TO ANY
PARTICULAR ON TECHNOLOGY PER SE
YEAH SO LONG AS THE INFORMATION
IS PROTECTED SO.
SO WE WHAT WE WILL CONTINUE TO
TO TO DIALOGUE ABOUT THIS I
THINK THERE'S THERE'S SO MUCH
MORE THAT WE CAN KIND OF WORK
WITH -- SO.
SO WITH THAT THE I RESPECTFULLY
ASK VERY WELL -- MRS YEAH I JUST
WANNA SAY I APPRECIATE THAT I
THINK THAT WHAT I'M HOPEFUL FOR
FROM THIS DISCUSSION IS THAT YOU
HAVE AN INTEREST IN PROTECTING
PRIVACY FROM THE SALE THAT WE'RE
SEEING IN THE ANALYSIS.
YOU WOULD LIKE TO USE OUR PUBLIC
SAFETY AND THAT YOU TWO CAN GET
TO A PLACE WHERE WE FIND THE
HAPPY MEDIUM AND WITHOUT ALL
SUPPORTED AND I WITH ALL MY VOTE
ON THE FLOOR UNLESS WE FIND A
GOOD COMPROMISE THANK YOU
[inaudible]
THE SMITH.
I I SHARE MY COLLEAGUES --
CONCERNS I I WANT TO MAKE SURE
THAT LAW ENFORCEMENT HAS EVERY
OPPORTUNITY TO GET WHAT THEY
NEED -- WITH REGARDS TO WHAT CAN
BE REALLY IMPORTANT EVIDENCE FOR
THEM TO WORK WITH SO I WILL MOVE
TO TO GET ABOUT BILL OUT OF
COMMITTEE TODAY BUT HOLD
RESERVATIONS MAKE SURE LAW
ENFORCEMENT IS IS A NON OPPOSE
WHEN WE GET TO FLOOR.
WE SHOULD.
THE OTHER QUESTIONS THE GUY WAS
GONNA SAME COMMENT THAT --
MOBILE -- SUPPORT THE BILL TODAY
BUT I THINK IT'S REALLY
IMPORTANT TO WORK WITH -- LAW
ENFORCEMENT AS MY TWO OTHER
COLLEAGUES STATED.
RIGHT ANY OTHER QUESTIONS FROM
THE COMMITTEE WILL NEED A MOTION.
OKAY WE HAVE A MOTION A SECOND
MISTER CHOWCHILLA TO CLOSE -- I
RESPECTFULLY ASK FOR ABOUT THANK
YOU THE MOTION IS TO PASS AS
AMENDED TO APPROPRIATIONS MADAM
SECRETARY PLEASE CALL THE ROLL.
CHAO.
CHAO AYE KILEY.
BAUER-KAHAN BAUER-KAHAN I BERMAN.
BERMAN I CALDERON CALDERON AYE
GABRIEL.
GALLAGHER.
IRWIN -- WHEN I OBERNOLTE
[inaudible]
OBERNOLTE NO [inaudible]
SMITH.
SMITH I WICKS. SIX ONE THE BILLS
OUT.
THANK YOU VERY MUCH -- THAT
BRINGS US TO MISTER COURT HE HAS.
HI TIM SIXTEEN THANK YOU SIR.
THAT I WOULD BE A. B..
TEN THIRTY TWO THANK YOU THANK
YOU FOR YOUR PATIENCE ALSO YEAH
THAT'S RIGHT.
THANK YOU CHAIR AND MEMBERS --
A. B. TEN THIRTY TWO MAKES A
REASONABLE EXPANSION TO
CALIFORNIA'S CONSUMER
PROTECTIONS.
REGARDING TICKET SALES OFTEN
TICKETS TO PARLAY POPULAR SHOWS.
ARE SNAPPED UP BY ONLINE BOX
WHICH THEN RAPIDLY RELEASED
THESE TICKETS ON RESELL PLATFORM
AT INFLATED PRICES.
RECOGNIZING THIS IN TWENTY
THIRTEEN THE LEGISLATURE MADE IT
A CRIME TO USE POTS TO BUY AND
RESELL TICKETS INVOLVED.
AB TEN THIRTY TWO ADDRESSES A
LOOPHOLE IN EXISTING LAW.
UNDER A. B. -- TEN THIRTY TWO
FIRST PARTY SERVICES THAT SERVE
THE SAME PURPOSE.
PINE IN SELLING TICKETS IN BULK
ARM WILL ALSO BE ILLEGAL.
THE BILL ALSO CLICK THAT ALSO
MAKES CLEAR THAT WE TRYING TO
PROTECT WITH THESE LAWS THE
AVERAGE CALIFORNIANS ATTENDING
SHOWS -- I WILL SAY THAT THIS IS
NOT SOMETHING THAT'S HAPPENED
BUT WE ARE CONCERNED THAT --
GUIDELINES BE PUT UP BEFORE IT
DOES.
THANK YOU AND THANK THE
COMMITTEE AND STAFF FOR THEIR
HELP ON THE BILL I ASK FOR YOUR
AYE VOTE THANK YOU VERY MUCH US
FIRST WHEN HIS PLACE.
OUR STAFF GOT IT OKAY ANYONE IN
SUPPORT OF THE BILL PLEASE COME
FORWARD.
SEEN IN OPPOSITION.
CENA QUESTION COMMENTS FROM
COMMITTEE MEMBERS.
CHINO YOU MAY CLOSE.
THANK YOU -- AS WE ARE ABOUT
THANK YOU VERY MUCH WE DO HAVE A
MOTION I THINK I NEED A SECOND.
IT'S BEEN SECONDED TO SO
AMERITECH -- THREE PLEASE CALL
THE ROLL THE MOTION IS TO PASS
TO APPROPRIATIONS.
TH HI SO I HIGHLY.
BAUER-KAHAN.
BAUER-KAHAN I BERMAN.
BERMAN I CALDERON.
CALDERON HI GABRIEL.
GALLAGHER.
GALLAGHER I IRWIN -- WHEN I
OBERNOLTE?
SMITH.
SMITH HI WICKS.
YOUR BILL IS OUT YOU HAVE SEVEN
VOTES GRADUATION THANK YOU VERY
MUCH.
SO THAT BRINGS US.
TO YES -- YES MISS IRWIN WHICH
LIKE THE PRESENT THE REST OF
YOUR BILLS [inaudible]
OKAY WELL.
YES TO MORE RESEARCH AND
COMMITTEE MEMBERS AB ELEVEN
NINETY SIX PROVIDE A STATEWIDE
FRAMEWORK FOR DRUM REGULATION
UNMANNED AIRCRAFT SYSTEMS OR
DRONES ARE RAPIDLY GROWING
MARKET.
CURRENTLY THERE'S A LACK OF
STATE GUIDANCE AS TO WHERE WHEN
AND HOW UNMANNED AIRCRAFT
SYSTEMS CAN BE OPERATED SAFELY
AND LEGALLY.
THE LACK OF STATE STANDARDS
MAKES IT DIFFICULT FOR DRONE
MANUFACTURERS TO DIRECT USERS ON
HOW TO COMPLY WITH FEDERAL STATE
AND LOCAL LAW.
FURTHERMORE MANY JURISDICTIONS
HAVE -- ARE CONCERNED WITH
PROTECTING PUBLIC SAFETY THEY'VE
RESORTED TO PASSING LOCAL
ORDINANCES THAT REGULATE DRONE
USE VERY AND A VERY WIDELY. FOR
THE FIRST TIME IN -- AS LONG AS
I CAN REMEMBER INDUSTRY LAW
ENFORCEMENT LOCAL GOVERNMENTS
ARE GOING TO WORKING TOGETHER ON
AB ELEVEN NINETY WHICH SEEKS TO
PROVIDE A STATEWIDE FRAMEWORK.
FOR DRONE REGULATION GOING
FORWARD.
REMOTE.
THANK YOU VERY MUCH A FIRST
NGUYEN IS PLEASE.
GOOD AFTERNOON MISTER CHAIRMAN
WAS THE COMMITTEE CHARLES HARVEY
ON BEHALF OF LEAGUE OF
CALIFORNIA CITIES -- HERE
SUPPORT HOW WE SINCERELY
APPRECIATE THE AUTHORS
LEADERSHIP ON THIS ISSUE AND ASH
NOTED A. B. NINE A. B. ELEVEN
NINETY AS CURRENTLY DRAFTED
REFLECTS EXTENSIVE STAKEHOLDER
CONVERSATIONS BETWEEN.
LOCAL GOVERNMENT REPRESENTATIVES
AND AND PRIVATE INDUSTRY I
NOTABLY -- AND IT'S CURRENTLY
DRAFTED WOULD AUTHORIZE A LOCAL
AGENCY TO SET REASONABLE TIME
PLACE MANNER RESTRICTIONS ON THE
USE OF DRONES -- REQUIRE
OPERATORS TO REGISTER THEIR
GIRLS OF THE FAA AND ADOPT LAWS
ORDINANCES THAT EMPOWER
GOVERNMENT AGENCIES TO HELP THE
LAW KEEP CURRENT WITH THE THIS
NEW AND EVOLVING TECHNOLOGY --
SO WE BELIEVE IT IS IMPORTANT
THAT CALIFORNIA HAVE DRAWN
REGULATORY FRAMEWORK.
THAT WHILE RESPECTING THE
JURISDICTION OF THE FAA PROVIDES
FOR THE APPROPRIATE USES OF OF
THIS TECHNOLOGY WHILE ALSO
ADDRESSING IMPORTANT PUBLIC
SAFETY PRIVACY.
AND OTHER ISSUES THAT WILL
INEVITABLY ARISE AS DRONES ARE
INCREASINGLY USED FOR
RECREATIONAL BUSINESS AND
GOVERNMENTAL PURPOSES WE LOOK
FORWARD TO CONTINUED
CONVERSATIONS WITH BOTH THE
AUTHOR AND RELATED STAKEHOLDERS
OUT TO HELP ENHANCE THE PROPOSED
FRAMEWORK UNDER THIS BILL AND WE
URGE YOUR SUPPORT.
THANK YOU VERY MUCH A NEXT
WITNESS PLEASE GOOD AFTERNOON MY
NAME IS DAVID HANDSOME A PUBLIC
POLICY MANAGER WITH DJ I
TECHNOLOGY THE WORLD'S LEADING
MANUFACTURER OF SMALL DRONES
WHICH ARE MOST LIKELY TO BE
IMPLICATED BY -- REGULATIONS
SUCH AS THIS AROUND THE NATION
AND FIRST I'D LIKE TO THANK
ASSEMBLY MEMBER ARE WHEN FOR HER
FORWARD LEANING BUT MEASURED
APPROACH -- TO REGULATING DRONE
USE IN A FASHION HERE IN
CALIFORNIA THAT WILL NOT ONLY
PROTECT THE SAFETY OF THE
CITIZENS CALIFORNIA -- AND
PEOPLE VISIT CALIFORNIA BUT ALSO
THE PRIVACY RIGHTS OF BOTH THE
GENERAL PUBLIC AND THE DRONE
PILOTS -- THIS IS A VERY RAPIDLY
EVOLVING TECHNOLOGY IN A VERY
CHALLENGING SPACE CONSIDERING
THE MYRIAD PREEMPTION ISSUES
THAT EXIST AROUND IT -- AND WE
LOOK FORWARD TO CONTINUING TO
PARTNER AGAIN WITH BOTH THE
AUTHOR AND WITH THE LEAGUE AND
OTHER -- INDIVIDUALS WHO ARE
INTERESTED IN THIS LEGISLATION
TO COME TO A PRODUCTIVE
CONCLUSION THANK YOU VERY MUCH
MISTER CHAIRMAN COMMITTEE
MEMBERS.
THANK YOU EDITION ALL SUPPORTERS --
PLEASE COME FORWARD.
CENA IN OPPOSITION.
CNN -- COMMITTEE MEMBERS
QUESTIONS [inaudible]
COMMENTS.
CENA ARE YOU ACCEPTING THE AMEND
YEAH OKAY I AM THE ACCEPTING
AMENDMENTS APPRECIATE ALL THE
HARD WORK THAT TO YOU AND YOUR
STAFF OF DONE AND MY STAFF YEAH
AND THAT ALL THE STAKEHOLDERS
HAVE BEEN WILLING TO COME
TOGETHER SO.
WITH THAT I RESPECTFULLY ASK FOR
YOUR HIVE OF FIGURE MUCH FOR
BRINGING FORWARD THIS BILL ARE
THE MOTION IS TO PASS AS AMENDED
TO JUDICIARY -- MET SECRETARY
PLEASE CALL THE ROLL CHAO HI JOE
I'D KILEY.
OKAY HERE.
BUCKINGHAM AYE BERMAN.
BERMAN I CALDERON CALDERON AYE
GABRIEL.
GALLAGHER.
GALLAGHER I IRWIN.
HI -- WHEN I OR WILL NOT SEE?
SMITH.
SMITH I WICKS.
YOU HAVE SEVEN NOT YOUR BILL
WITHOUT.
THAT BRINGS US TO MISTER KING
Là AB -- ONE YOU ARE YET ONE
MORE SORRY EXCUSE ME SO I'LL TRY
TO BE QUICK BUT THIS MY BODY --
I AM PLEASED TO PRESENT -- AB
TWELVE FORTY TWO AM ACCEPTING
THE SUGGESTED AMENDMENTS AND
CONCEPT THAT ARE OUTLINED IN THE
COMMITTEE ANALYSIS WHEN I
INTRODUCED THE BILL EARLIER THIS
YEAR.
IT WAS INTENDED TO RAISE THE
IMPORTS OF CYBER SECURITY TO THE
NEW GOVERNOR AND GIVEN THE
OPPORTUNITY TO MAKE CHANGES
AFTER DISCUSSIONS WITH THE
GOVERNOR'S OFFICE.
THERE IS INTERESTED IN HAVING
THE CURRENT CONFIGURATION
CONTINUE FOR THE TIME BEING AND
I'M COMFORTABLE WITH THE
COMMITTEE AMENDMENT STRIKING OUT
THE NEW OFFICES.
PROVISIONS HOWEVER THERE WAS
ANOTHER COMPONENT OF AB TWELVE
FORTY TWO AND THAT IS RELATED TO
CYBERSECURITY OF STATE AGENCIES
WHO DO NOT RIP -- DIRECTLY
REPORT TO THE GOVERNOR AND AS
YOU REMEMBER WE HAD THIS BILL
LAST YEAR ASSEMBLY MEMBER CHAO
AND ASSEMBLY MEMBER OBERNOLTE
WERE -- CO AUTHORS AND WE WOULD
LIKE -- TO WORK ON THAT ISSUE
AGAIN WHICH SOUGHT -- TO HAVE
SIMILAR ACCOUNTABILITY AND
UNIFORMITY AND CYBER SECURITY
COMPLIANCE WITH ALL OUR STATE
OFFICIALS AS THIS BILL IS
NARROWED IN THIS COMMITTEE AN
NGO I LOOK FORWARD TO CONTINUE
TO WORKING TO TRY TO CONTINUE TO
WORK WITH INDEPENDENT
CONSTITUTIONAL.
OFFICES AS WELL AS MEMBERS OF
THE COMMITTEE TO FIND AN
APPROPRIATE WAY TO ENSURE.
A CYBERSECURITY ACROSS THE STATE
WIDE ENTERPRISE AND I AND I HAVE
TO SAY FOR OF THE EXECUTIVE
BRANCH HAS COME REALLY FAR WITH
OUR A AND C. SO AND TO OUR HEAD
OF EIGHT EIGHT AT WITH A ME ALSO
BUT WE WANT TO MAKE SURE THAT.
WE ARE ALSO PROVIDING THE PROPER
OVERSIGHT TO ALL OUR
CONSTITUTIONAL -- OFFICES AND
WITH THAT I RESPECTFULLY ASK FOR
DR OF VERY GOOD -- WHO THIS IS
IN SUPPORT [inaudible]
OPPOSITION [inaudible]
WELCOME.
GOOD AFTERNOON MISTER CHAIR AND
MEMBERS OF THE COMMITTEE MY NAME
IS RUNNING COULD GEORGE AND I AM
A LEGISLATIVE ADVOCATE WITH THE
OFFICE OF THE ATTORNEY GENERAL
HAVE YOUR PURSE ERA.
ON BEHALF OF THE ATTORNEY
GENERAL'S OFFICE I'M HERE TODAY
TO EXPRESS CONCERNS WITH AB
TWELVE FORTY TWO WE'VE EXPRESSED
HIS CONCERNS WITH ASSEMBLY
MEMBER -- WINS OFFICE AND HOPE
THAT WE CAN WORK TOGETHER TO
RESOLVE THEM.
WELL WE SUPPORT THE GOAL OF
IMPROVING IN STANDARDIZING
INFORMATION SECURITY ACROSS
STATE GOVERNMENT.
I WANT TO BE SURE THAT THE
MEMBERS OF THE COMMITTEE TODAY
UNDERSTAND THE DEPARTMENT OF
JUSTICE'S CONCERNS.
AS CURRENTLY WRITTEN THIS BILL
WOULD HAVE SERIOUS RAMIFICATIONS
FOR DOJ AND THE CONFIDENTIAL
DATA BELONGING TO PRIVATE
CALIFORNIA CITIZENS.
WE'RE TALKING ABOUT TENS OF
MILLIONS OF CALIFORNIANS RECORDS
OF CRIMINAL HISTORY PATIENT
MEDICAL HISTORY.
AS WELL AS HIGHLY SENSITIVE
INFORMATION ON DOJ'S
CONFIDENTIAL INVESTIGATIONS
LITIGATION.
IN ORDERTO SAFEGUARD THIS
HIGHLY SENSITIVE INFORMATION
DOJ'S INFORMATION SECURITY
STANDARDS AND PRACTICES ALREADY
MISSED IT HERE TO SPECIALIZE IN
STRINGENT SECURITY MEASURES.
REQUIRED NOT ONLY BY THE STATE A
BY THE FBI STANDARDS AS WELL.
THIS BILL PLACES DOJ'S PRACTICES
AND PROCEDURES AT RISK AND
CONSEQUENTLY THAT DATA OF TENS
OF MILLIONS OF CALIFORNIANS AT
RISK AT WHILE.
WE HAVE MET WITH THE AUTHORS
OFFICE IMPOSED QUESTIONS HAVE
NOT YET BEEN ANSWERED SOME OF
THE QUESTIONS ARE.
IN ORDER TO ADD HERE TO
SPECIALIZE IN CERTAIN STRINGENT
SECURITY MEASURES AS A CONDITION
OF EMPLOYMENT ALL DOD EMPLOYEES
THAT HAVE ACCESS TO SECURITY
RELATED DATA MUST FIRST UNDERGO
FULL PEACE OFFICER STANDARDS AND
TRAINING BACKGROUND
INVESTIGATION AND PERSONAL
SCREENING.
HOW WILL CITY TN OC EMPLOYEES
MEET THAT STANDARD?
HOW WILL DOJ CONTINUE TO REMAIN
IMPARTIAL INVESTIGATORY
PROSECUTORIAL MATTERS IF DOJ NO
LONGER HAS A TANAMI AND
SEPARATION FROM OTHER STATE
GOVERNMENT AGENCIES AND OFFICERS?
DOJ ALREADY UNDERGOES F. B. I.
AUDITS EVERY THREE YEARS AS WELL
AS MANY OTHER INTERNAL AN
INDEPENDENT AUDIT.
WHAT IS THE VALUE ADDED TO
CALIFORNIA CITIZENS BY AT LEAST
THREE OTHER AUDITS?
UNDER AB TWELVE FORTY TWO C. T.
O. R. O. C. WILL HAVE THE
DISCRETION OF CREATING ISSUING
MAINTAINING POLICIES AND
STANDARDS AND PROCEDURES.
DIRECTING STATE AGENCIES TO
MANAGE SECURITY AND RISK THIS
PRETTY MUCH INCLUDES ALL
TECHSYSTEMS AN INFRASTRUCTURE.
HOW WILL CETINA SEE BE ABLE TO
FORCE THE ATTORNEY GENERAL'S
OFFICE ARE SORRY RATHER WILL
CITY T. N. O. C. BE ABLE TO
FORCE HOW THE ATTORNEY GENERAL
AND ELECTED CONSTITUTIONAL
OFFICER PRIORITIZES ITS
OPERATIONS?
BASED ON CD TEEN -- SEE
REQUIREMENTS AND PREFERENCES.
UNDER AB -- TWELVE FORTY TWO SEE
WOULD BE LEADING HIM
REPRESENTING DOJ AN INFORMATION
SECURITY AND DATA SHARING
MATTERS PERTAINING TO CRIMINAL
JUSTICE DATA INCLUDING BEFORE
THE FBI AND OTHER FEDERAL
AGENCIES.
HOW WILL CITY TN OC REPRESENT
THE STATE ON THESE FEDERAL
ADVISORY GROUPS WHEN THEY ARE
NOT A CRIMINAL AGENCY AS
REQUIRED BY THE FBI?
FINALLY COULD CDT DIRECT TO DOJ
SECURITY TECHNOLOGY TOOLS AND
PROCUREMENT DECISIONS AND
REQUIRED DOJ TO USE CITY TO
TECHNOLOGY AND DISALLOW DOJ'S
CURRENT TECHNOLOGY DUE TO CO TWO
CD TEASE PREFERENCE.
I WOULD URGE THE COMMITTEE TODAY
TO CONSIDER AND ASK THE SAME
QUESTIONS.
I WOULD ALSO LIKE TO ECHO THE
CONSTITUTIONAL CONCERNS RAISED
BY MY COLLEAGUES IN THE
SECRETARY OF STATE'S OFFICE AND
THE STATE COMPTROLLER'S OFFICE
THANK YOU FOR YOUR TIME.
THANKS VERY MUCH NEXT WHEN HIS
PLACE.
MY NAME IS STEPHANIE MARK I
SERVICE DEPUTY SECRETARY STATE
FOR SECRETARY ALEX PADILLA WE
HAVE NO FORMAL POSITION ON THE
BILL WE WANT TO THANK THE AUTHOR
AND THE STAFF FOR THEIR HARD
WORK AS WELL AS COMMITTEE STAFF
ON THEIR ANALYSIS.
WE LOOK FOR WE ABSOLUTELY.
SUPPORT THE INTENT OF THE BILL
THERE'S NO DOUBT IN OUR MIND
THAT WE CAN ALWAYS DO MORE AND
MUST KEEP.
CYBERSECURITY AT THE FOREFRONT
OF OUR MIND THE METHOD OF WHICH
THIS BILL PROCEEDS -- TO REACH
THAT GOAL HOWEVER IS NOT ONE
THAT WE FIND PRAGMATIC OR
INCREASING OF OUR CYBERSECURITY
SO WE DEFINITELY.
WORK WILL CONTINUE TO DISCUSS
AND WORK WITH THE AUTHOR -- TO
FURTHER THE GOAL AND LOOK FOR
PATHWAYS SO THAT WE CAN ENSURE A
SAFER STATE BUT AT THIS TIME WE
WE DON'T HAVE A POSITION BECAUSE
WE UNDERSTAND THE CALL AND WE
WANT TO HELP.
REACH IT IN A WAY THAT WORKS AND
DOESN'T -- MAKE US LESS SECURE
BECAUSE THAT'S NO ONE SCHOOL.
THANKS VERY MUCH -- ADDITIONAL
INDIVIDUALS IN OPPOSITION TO THE
BILL PLEASE COME FORWARD.
SEEING AND HEARING NINE LET'S
BRING IT BACK TO COMMITTEE
QUESTIONS AND COMMENTS -- LET ME
START OFF BY -- IF IT'S ALL
THINKING THE THE AUTHOR FOR
BRINGING THIS BILL FORWARD.
I DO RESPECT THE POSITION REYES
BY THE CONSTITUTIONAL OFFICERS
AND AND AND I DO UNDERSTAND SOME
OF THE CONCERNS THAT -- HAVE
BEEN HAVE BEEN RAISED IN AN I
THINK WHEN IT COMES TO
CYBERSECURITY WE CAN NO LONGER
WORK IN SILOS I THINK WE WE WANT
TO DO EVERYTHING WE CAN.
TO REALLY OF POOL OUR RESOURCES
TOGETHER BECAUSE IT YOU KNOW IT
IF WE CONTINUE GOING DOWN YOU
KNOW DIFFERENT SILOS AND YOU
KNOW WE'RE GONNA BE WASTING A
LOT OF RESOURCES BE GIVEN THE
FACT THAT WE YOU KNOW WE HAVE
ONE MORE. ONE THING IN MIND AND
THAT IS TO YOU KNOW -- YOU KNOW
DO THE BEST PROVIDE THE BEST
CYBERSECURITY THAT WE CAN FOR
THE STATE OF CALIFORNIA.
AND I DO ARE.
WANT TO ENCOURAGE A BOTH OF YOU
DID TO CONTINUE WORKING BECAUSE
I KERRY IS VERY SIMILAR BILL
LAST YEAR.
AND YOU KNOW THE INTENT --
OBVIOUSLY -- YOU KNOW -- MEASURE
WHEN YOU CAN ALSO CHIME IN LATER
BUT THE INTENT WHEN I CARRIED
OUT BILL WAS JUST THAT I THINK
YOU KNOW WE WANT TO BASICALLY --
WORK TOGETHER YOU KNOW INSTEAD
OF A WORKING IN SILOS AND AND
AND THERE ARE SO MANY REASONS
THAT WE NEED TO WORK TOGETHER
WHEN IT COMES TO CYBER -- THAT
SAVES FOUGHT ONE OF OUR CRITICAL
INFRASTRUCTURE IS BEING ATTACKED
FOR EXAMPLE I THINK WE ALL NEED
YOU KNOW TO NOTIFY OF OTHER
OTHER IMPORTANT PLAYERS IN IN IN
THE EQUATION.
SO SO THAT'S MY FUNDAMENTAL
POSITION AND I THINK TO THE
EXTENT WE CAN CONTINUE TO TO YOU
KNOW SORT OUT ANY ANY ANY
PARTICULAR ISSUES.
ARM -- I WOULD ENCOURAGE YOU TO
DO SO -- SO WITHOUT AYE ONE OPEN
A FOR ON QUESTIONS COMMENTS FROM
COMMITTEE MEMBERS.
SEEING AND HEARING. NINE SEVEN
ZERO AND FEEL FREE -- TO CLOSE
OR ADDRESS SOME OF THE ISSUES
THAT'S BEEN REYES IF YOU SO
DESIRE AND YES SURE IT CERTAINLY
AND AND AS AS YOU MENTIONED WITH
THIS BILL WENT THROUGH LAST YEAR
CERTAINLY -- MIGHT I WE ARE VERY
WELL AWARE OF ALL THE SENSITIVE
INFORMATION THAT THE DIFFERENT
DEPARTMENTS HOLDS IT I HAVE BEEN
CONCERNED WITH CYBERSECURITY
FROM THE DAY THAT I HAVE GOTTEN
HERE WE WOULD.
NEVER DO ANYTHING THAT WOULD PUT --
ANY OF THE DEPARTMENTS IN A
WORSE POSITION WHAT WE WANT TO
MAKE SURE IS THAT.
IN OUR ROLE OF OVERSIGHT THAT
EVERY DEPARTMENT IS DOING --
WHAT THEY NEED TO PROTECTED THE
INFORMATION OF THE CITIZENS OF
CALIFORNIA AND WE HAVE A --
STATED TO ALL THE CONSTITUTIONAL
THAT WE WANT TO CONTINUE TO WORK
WITH -- AND FIND SOME WAY THAT
IS ACCEPTABLE TO THEM I I THINK
WE ALL HAVE THE SAME GOAL -- AS
AS ASSEMBLY MEMBER CHILD SAID WE
DON'T WANT TO WORK IN SILENCE TO
IT WE WOULD LIKE TO MAKE SURE
THAT WE HAVE SOME CONSISTENCY
ACROSS EVERY STATE DEPARTMENT OF
WHETHER TIME OUT SECRETARY OF
STATE AND PROTECTING OUR
ELECTIONS.
OR DLJ WE ARE WE ARE ABSOLUTELY
ONLY WANTED TO MAKE SURE THAT
THERE IS THAT WE ARE IN A BETTER
POSITION THAN WE ARE TODAY SO --
WE HOPE TO CONTINUE TO BE ABLE
TO WORK WITH YOU THAT'S
COMPLETELY OUR INTENTION AND IF
THE CURRENT SUGGESTIONS ABOUT
REPORTING TO CD T. WERE ARE ARE
NOT ACCEPTABLE WE THINK THAT
THERE IS A LOT OF OTHER WAYS
THAT WE CAN -- FIGURE OUT HOW TO
MAYBE REPORT TO THIS COMMITTEE
OR REPORTS SOME PLACE TO MAKE
SURE THAT -- THAT THAT THESE
AUDITS AND ASSESSMENTS ARE BEING
DONE AND THAT ALL OUR
DEPARTMENTS ARE APPROPRIATELY
PROTECTED.
AND WITH THAT I ASKED HER ABOUT
THANK YOU VERY MUCH I DO I HAVE
A MOTION FOR THIS BILL. OH OKAY
MOVED AND SECONDED.
THE MOTION IS TO PASS TO
GOVERNMENTAL ORGANIZATION AT
WHICH POINT THE AMENDMENTS WILL
BE TAKEN I UNDERSTAND.
SO WITH THAT -- I YOU WILL BE
SUPPORTING IT THE SALESMAN
SECRETARY PLEASE CALL THE ROLL.
CHAU HI CHAO HIGH KILEY
BARRICADE HERE.
BAUER-KAHAN I BERMAN.
BERMAN I CALDERON.
CALDERON HI GABRIEL.
GALLAGHER.
IRWIN.
HI IRWIN HI OBERNOLTE.
OBERNOLTE AYE SMITH.
SMITH HI WICKS. SEVEN YOUR BILL
HAS SEVEN NOTES -- IT IS OUT
THANK YOU VERY MUCH THANK YOU
VERY MUCH.
THAT BRINGS US TO MISTER TING
WELCOME MR TING YOU HAVE AB YOU.
ONE SIXTY ONE GOOD AFTERNOON UP
HONOR TO PRESENT AB -- ONE SIXTY
ONE ARE SKIP TO SLIP BILL I JUST
WANT TO THANK THE COMMITTEE
STAFF.
YOU MISTER CHAIR FOR WORKING OUT
AMENDMENTS WITH US -- JUSTER WE
STAY WITH THE AMENDMENTS ARE --
IS SAYS AS AMENDED AB ONE SIX
ONE WHAT STARTING ON JANUARY ONE
TWENTY TWENTY TO ALLOW CONSUMERS.
TO OPT OUT OF RECEIVING A
RECEIPT AND THEN STARTING ON
JANUARY FIRST TWENTY TWENTY FOUR
ALLOW CONSUMERS TO CHOOSE
BETWEEN NO RECEIPT.
AND THE RECEIPT OR A PAPER
RECEIPT -- THE AMENDMENTS
ADDITIONALLY PROTECT CONSUMER
PRIVACY BY ENSURING THAT
PERSONAL INFORMATION USED TO
PROVIDE THIS RECEIPT.
SHOULD NOT BE USED FOR MARKETING
PURPOSES -- AGAIN -- THE
RECEIPTS ARE LACED ARE THESE
PEOPLE RECEIPTS AGAIN REALLY
SHOULD BE AN OPTION WE MODELED
THIS OUR RECEIPT BILL AFTER --
MY COLLEAGUES -- STRAW BILL LAST
YEAR TO REALLY ENSURE THAT
PEOPLE WOULD ASK FOR RECEIPTS
RATHER THAN -- ALWAYS GET
RECEIPTS.
DURING THIS PROCESS OF WORKING
ON THIS BILL WE FOUND AT THE
RECEIPT PAPER IS ACTUALLY LACED
WITH EITHER BPA OR BE PS WHICH
IS ACTUALLY A TOXIC SUBSTANCE.
IN ADDITION THE RECEIPT PAPER IS
VERY DIFFICULT TO RECYCLE
BECAUSE OF ITS VERY SMALL SIZE
AND BECAUSE OF THE TOXICITY THEY
CANNOT BE COMPOSTED THE SO IF
THEY ARE GOING IN THE COMPOST
ACTUALLY WILL RUIN A COMPOST.
ON IN ADDITION THERE'S AN
ESTIMATE OF THREE MILLION TREES
AND NINE BILLION GALLONS OF
WATER EVERY YEAR BEING USED.
TO CREATE THE PAPER RECEIPTS SO
AGAIN WE THINK THAT WE CAN
UTILIZE THESE RESOURCES MUCH
BETTER REDUCE WASTE AND ALSO --
MAKE IT BACK TO THE CONSUMER SO
THAT IF THEY REALLY WANT THE
PAPER SEATS THEY CAN ASK FOR THE
WITH THAT I RESPECTFULLY ASK FOR
YOUR AYE VOTE ON AB.
ONE SIXTY ONE THANK YOU VERY
MUCH OF FIRST WHEN HIS PLACE.
I GET AFTERNOON THE CAUCUS WITH
THE ENVIRONMENT ORGANIZATION
CALIFORNIANS AGAINST WASTE.
THIS BILL REALLY TARGET PROBABLY
THE LOWEST HANGING FRUIT THAT
EXISTS IN TERMS OF WASTE
REDUCTION.
AND THAT'S ITEM THAT THE
CONSUMER SAYS THEY DO NOT WANT.
AND THAT THEY BASICALLY HOLD
ONTO UNTIL THEY GET TO NEXT
TRASH CAN AND THROW AWAY -- SO
NOT ONLY DO WE NOT REALLY NEED
RECEIPTS WITH OUR MORNING COFFEE
OR BAGEL -- THOSE RECEIPTS
ESPECIALLY THE THIRD ONLY PRINT
ONES BECOME CONTAMINATION IN OUR
RECYCLING STREAM THEY ALSO
CONTAMINATE COMPOST.
AGAIN THE THE BILL ONLY SAYS
THAT CONSUMERS WHO WANT RECEIPTS
GET THEM.
SO THAT SHOULD SIGNIFICANTLY
REDUCED AMOUNT OF CONTAMINATION
AND CREATE AN IMPROVE OUR
QUALITY OF RECYCLABLES.
THANK YOU VERY MUCH A NEXT
WITNESS PLEASE.
THANK YOU CHAIR MEMBERS READ AT
US ON BEHALF OF THE BREAST
CANCER PREVENTION PARTNERS HERE
TODAY IN SUPPORT.
IN PARTICULAR BECAUSE OF OUR
NATIONAL ORGANIZATION WE'RE
REALLY FOCUSED ON PREVENTING
BREAST CANCER THERE BY -- WHAT
WE FOCUS ON IS REDUCING EXPOSURE
TO CHEMICALS AND RADIATION THEIR
LINK TO THE DISEASE?
THIS MEASURE ACTUALLY HELPS TO
REDUCE THAT EXPOSURE AS IT WAS
MENTIONED.
THE P. A. B. P. S. ARE BOTH --
ELEMENTS OF THESE THERMAL
RECEIPTS -- THERE ARE NUMEROUS
REPORTS AND STUDIES I HAVE ONE
RIGHT HERE THAT SHOW THAT --
WHEN WE'RE TALKING AND DEALING
IN STUDYING WITH PEOPLE WHO
INTERACT WITH THESE RECEIPTS
THEY'RE ACTUALLY GETTING THEM IN
THEIR BLOODSTREAM?
THE P. P. A. B. PS IN PARTICULAR
ARE PROBLEMATIC WHEN YOU LOOK AT
A TWENTY EIGHTEEN ECOLOGY CENTER
STUDY OF RECEIPTS FROM TWO
HUNDRED EIGHTY TWO HUNDRED EIGHT
MAJOR GROCERS BIG STORE BOX.
IN RETAILERS GAS STATIONS
THEATERS LIBRARIES SMALL
INDEPENDENT BUSINESSES THEY
FOUND BE PS IN PPA IN 93% OF THE
RECEIPTS THEY TESTED.
THESE CHEMICALS ARE ABSORBED
THROUGH THE SKIN OF CONSUMERS
AND CASHIERS WHEN HANDLING THE
RECEIPTS.
THIS IS A PROBLEM FOR CONSUMERS
AND WORKERS ALIKE OVER TWO
HUNDRED INDEPENDENT SCIENTIFIC
STUDIES DOCUMENT.
THE VERY LOW DOSES OF PPA IS
LINKED TO STAGGERING NUMBERS OF
HEALTH PROBLEMS INCLUDING BREAST
AND PROSTATE CANCER MALE AND
FEMALE INFERTILITY SO ON AND SO
FORTH.
THE SAME FOR B. PS IS IT
THEREFORE WE'RE HERE TODAY IN
SUPPORT THE MEASURE I BECAUSE IT
OF ITS -- ASSISTANCE IN REDUCING
EXPOSURE TO THESE HARMFUL
CHEMICALS.
THANK YOU VERY MUCH ADDITIONAL
SUPPORTERS SO PLEASE IDENTIFY
YOURSELVES ALEX AND ANI'S ON
BEHALF OF THE DIGITAL RECEIPT
COALITION WHICH INCLUDE THE
COMPANIES OF THàNH CASH AND
RECEIPT ME.
IN STRONG SUPPORT THANK YOU MUCH
NEXT PLEASE.
RICHARD OLIVER CONSUMER
FEDERATION CALIFORNIA WE'RE
LOOKING FORWARD TO SOON BEING AT
A POSITION OF SUPPORT WE'VE HAD
SOME VERY GOOD DISCUSSIONS WITH
THE AUTHOR.
OF A REGARDING SONG BEVERLY
CREDIT CARD -- PRIVACY ACT AND
WE BELIEVE THAT WE WILL SOON BE
IN A POSITION OF ACHIEVING THE
GREAT GOALS OF THIS BILL WHICH
ARE AROUND TOXIC REDUCTION AND
ENERGY CONSERVATION AND WASTE
REDUCTION AND AT THE SAME TIME.
OF PROTECTING -- CONSUMER
PRIVACY WHEN THEY USE A CREDIT
CARD FOR TRANSACTION THANK YOU
THANK YOU VERY MUCH.
NEXT PLEASE.
CAN THE ROBINSON ON BEHALF OF
RETHINK WASTE IN SUPPORT THANK
YOU THANK YOU NEXT PLEASE.
GENEVIEVE AVEDON ON BEHALF OF
THE CLEAN SEIZE LOVING COALITION
AND SUPPORT.
THANK YOU -- OPPOSITION PLACE --
COME ON UP.
IF I COULD TO ASK THAT WE CLEAR
SOME ROOM FOR THE OPPOSITION ANY
TWO INDIVIDUALS ARE COMING UP
[inaudible]
WELCOME. FIFTY TO PROCEED.
TO THANK YOU MISTER CHAIR AND
MEMBERS MY NAME'S MATT SATIN ON
WITH THE CALIFORNIA RESTAURANT
ASSOCIATION.
WE'RE NOT HERE TO DEFEND
RECEIPTS BUT WE ARE HERE TO
OBJECT TO A MANDATE FOR CERTAIN
TYPE OF TECHNOLOGY -- TO BE PUT
IN THE FOUR WALLS OF A
RESTAURANT AND THAT'S THE WAY WE
READ THE BILL THE BILL DOES
REQUIRE THAT WE MOVED TO AN
ELECTRONIC RECEIPT PLATFORM AS
FAR AS I UNDERSTAND EVEN WITH
THE AMENDMENTS.
AND SO WE ARE FORCED TO MAINTAIN
THE TRADITIONAL PAPER RECEIPT
SYSTEM WHICH IS NOT AN ISSUE --
BUT ALSO WE MUST HAVE THE
ELECTRONIC RECEIPT TECHNOLOGY
AND THAT PATHWAY -- UNDER THE
BILL AND SO THAT IS A MANDATE
FOR A CERTAIN TYPE OF TECHNOLOGY
WITHIN RESTAURANTS MANY
RESTAURANTS ARE NOT THERE YET IT
IS TRUE THAT THERE ARE RETAIL
AND RESTAURANT ESTABLISHMENTS --
THEY DO HAVE -- ELECTRONIC
RECEIPT CAPABILITIES BUT IT'S
INCREDIBLY COSTLY IT'S COSTLY
FOR RESTAURANTS -- AND SO WE
LIKE I SAID REQUIRED TO MAINTAIN
BOTH AVENUES SO THAT IS A POINT
OF OBJECTION -- AND THEN THERE
IS THE ISSUE WITH RESTAURANTS
WHETHER THEY'RE IN A FRANCHISE
MODEL MANY OF THE FRANCHISE
CONTRACTS WITH THE FRANCHISEE.
THEY DO STIPULATE THAT THESE
TYPES OF COSTS HAVE TO BE BORN
AND ACCEPTED IN ABSORBED BY THE
ACTUAL INDIVIDUAL FRANCHISEES SO
THE IDEA THAT THIS IS JUST ON
BIG BUSINESS -- IT COULD NOT BE
FURTHER FROM THE TRUTH WHEN IT
COMES TO RESTAURANTS AND THEN
THE OTHER THING I WANT TO POINT
OUT TO YOU -- WHICH WAS
INFORMATION TO ME WHICH IS MANY
RESTAURANTS ACTUALLY ARE LEASING
THE EQUIPMENT THEY'RE LEASING
THE POINT OF SALE SYSTEM SO
THEY'RE LOCKED INTO A CONTRACT.
FOR THAT PERIOD OF TIME -- AND
THAT WILL BE IN PLACE WHEN THIS
BILL COMES IN WITH THE MANDATE --
TO GO TO ANOTHER TYPE OF
TECHNOLOGY SO FOR US IT IT
REALLY IS BOILING DOWN TO
REQUIRING US TO HAVE THAT
TECHNOLOGY IT'S INCREDIBLY
COSTLY FOR RESTAURANTS -- I
AGREE THAT OVER TIME THEY'RE
GOING TO GET THERE BUT MOVING
THE IMPLEMENTATION DATE IS JUST
MOVING THE DATE AT WHICH WE ARE
FORCED TO TAKE THAT --
TECHNOLOGY I KNOW THERE ARE SOME
EXEMPTIONS -- WITH REGARD TO THE
MILLION DOLLARS IN GROSS
RECEIPTS OR LESS -- BUT THAT
DOESN'T NECESSARILY MEAN THAT'S
A SMALL ENTITY OR SMALL
RESTAURANT YOU CAN HAVE A SMALL
RESTAURANT THAT HAS HIGH SALES
VOLUME -- IN EASILY HIT THAT
MARK SO THAT DOESN'T DO ANYTHING
FOR OUR SMALL RESTAURANTS -- AND
THEN OF COURSE THE ENFORCEMENT
PIECE IS VERY CONCERNING -- IT
YOU KNOW IT'S CERTAINLY.
ALLOWS FOR LOCAL ENFORCEMENT --
DISTRICT ATTORNEYS -- AND CITY
ATTORNEYS AND THAT IS OF CONCERN
TO US BECAUSE WE DON'T WANT THIS
TO BECOME SORT OF A A NEW DRIVE
BY LAWSUIT TYPE OF ISSUE -- THAT
WE FACED A NUMBER OF OTHER
THINGS -- I'VE GOT LOTS OF OTHER
THINGS BUT OF THE INTEREST OF
TIME ALL LEAVE IT THERE MISTER
CHAIR THANK YOU.
THANK YOU VERY MUCH NEXT WITNESS.
THANK YOU I SHAUN THOSE THE
NATIONAL FEDERATION INDEPENDENT
BUSINESS REPRESENTING ABOUT
TWENTY THOUSAND SMALL BUSINESS
OWNERS ACROSS THE STATE ALSO IN
OPPOSITION FOR MANY THE REASONS
MISTER SUDDEN MENTION -- WE DO
ABSOLUTELY UNDERSTAND AND
APPRECIATE THE GOAL OF REDUCING
A PAPER WASTE AND PROTECTING
HUMAN HEALTH -- ASIDE FROM THE
SCIENCE AND THE FACTORS OF MANY
OF WHICH HAVE BEEN ADDRESSED AND
RAISED IN PREVIOUS COMMITTEE --
OUR MEMBERS ARE REALLY CONCERNED
WITH THE BOTTOM LINE OF
INFRASTRUCTURE TECHNOLOGY COSTS
TO ADOPT THIS -- MANDATE AND IT
IS IN OUR VIEW A MANDATE
REQUIRING THE OPTION OF AN
ELECTRONIC RECEIPT -- OUR
RESEARCH AND IF I BE RESEARCH
HAS SHOWN -- THAT SMALL
BUSINESSES SPENDING A DRASTIC
THIS PROPORTION AMOUNT OF TIME
AND MONEY TO COMPLY.
WITH REGULATIONS -- ROUGHLY
ABOUT TWO HUNDRED HOURS AND
SIXTY THOUSAND PER YEAR SPENT
ANNUALLY BY AND IF I BE MEMBERS
THAT'S A NATIONAL SURVEY.
IN MANY CASES HIGHER HERE IN
CALIFORNIA I CAN TELL YOU AND IF
I THE MEMBERS ARE SMALL BUSINESS
OWNERS IN GENERAL ARE VERY
BUSINESS BUSY RUNNING THEIR
SMALL BUSINESS -- BUT I'VE
GOTTEN SO MANY PHONE CALLS
SPECIFICALLY ON THIS ISSUE AND
ACTUALLY BY THE BILL NUMBER
WHICH IS VERY UNCOMMON -- FOR A
LOT OF OUR ISSUES THEY'RE VERY
CONCERNED THEY HAVE A LOT OF
ANXIETY ABOUT IT ONE MEMBER
CALLED AND SAID IT WOULD COST
ABOUT FIVE THOUSAND DOLLARS JUST
TO GET.
THE TECHNOLOGY REQUIRED JUST TO
BE ABLE TO OFFER THAT ELECTRONIC
RECEIPTS OTHERS COSTS AS WE
MENTIONED -- AND THEN ALSO THE
FEAR OF LITIGATION LITIGATIONS
OF COURSE EXPENSIVE FOR ANY
BUSINESS BUT FOR SMALL
BUSINESSES CAN BE CRIPPLING AND
UNDER OF COURSE IN ADDITION ALL
THE CCPA QUESTIONS AND WE'VE
BEEN WORKING THROUGH.
SOME OF THESE WITH THE AUTHOR --
A LOT OF OUR MEMBERS ARE VERY
VERY ANXIOUS AND CONCERNED ABOUT
THE IDEA OF COLLECTING EMAIL
ADDRESSES.
EMAILING RECEIPTS HAVING TO
STORE THAT DATA AND IF THAT DATA
WAS COMPROMISE IS THE LITIGATION
TRIES A HUGE CONCERN AS WELL AND
THE QUESTION OF LIABILITY SO FOR
THOSE REASONS AND MANY OTHERS.
AS MISTER SUTTON SAID IN THE
INTEREST OF TIME -- DOESN'T MAIN
REASONS AND IF I BE AS GOOD
OPPOSE AS WELL THANK YOU.
THANK YOU VERY MUCH A NEXT
WITNESS PLACE.
WHICH TURN MEMBERS MARGARET LAST
YOU KNOW HALF THE CALIFORNIA
RETAILERS ASSOCIATION AT ONCE
AGAIN I WOULD LIKE SPENT THANK
YOUR STAFF AS WELL AS THE
AUTHORS OFFICE FOR TAKING THESE
AMENDMENTS I HAVE SPENT A GREAT
DEAL TIME WITH YOUR STAFF ON A
NUMBER OF BILLS AND HER LAST FEW.
WEEKS -- WE STILL REMAIN OPPOSED
WE APPRECIATE THE NEW AMENDMENTS
THAT THE AUTHOR TOOK -- THEY'RE
MOVING IN THE RIGHT DIRECTION IN
MANY WAYS -- BUT THERE ARE
SEVERAL ISSUES THAT I WE HAVE
CONCERNS ABOUT RECEIPTS ARE AND
SOME SORT OF PROOF OF PURCHASE
ARE OFTEN USED FOR PRODUCT
RETURNS AND FROM LOSS PREVENTION --
IF I CUSTOMER CHOOSES TO RECEIVE
NO RECEIPT AND THEN ULTIMATELY
DECIDES.
TO RETURN AN ITEM.
FINDING PROOF OF PURCHASE WILL
BE AT CHALLENGING FOR COMFORT
STORES THAT REQUIRE THAT AND SO
ADD TO THAT IS AN ISSUE FOR US
AND ALSO IN LOSS PREVENTION --
CUSTOMERS SOMETIMES AFTER TO
SHOW THEIR PURPOSE PURCHASE --
IF THERE'S A QUESTION I MIGHT
REMIND MEMBERS THAT LAST YEAR.
THIS TO ADD THE LEGISLATURE
SUPPORTED AB TEN SIXTY FIVE
WHICH IS A ORGANIZED RETAIL
CRIME BILL RECOGNIZING THAT
SHOPLIFTING AN ORGANIZED
SHOPLIFTING IS A MAJOR PROBLEM
STILL CALIFORNIA.
SO WE DO HAVE THOSE CONCERNS I'M
I WOULD ALSO SAY THAT -- AT THE
THE ISSUES JUST RAISED BY MR
HOLDER ABOUT SON BEVERLY ALWAYS
MAKE MY EARS PERK UP I'M SORRY
MERRILEES AN AREA OF CONCERN FOR
THE RETAILER SO TO THE EXTENT
THAT THEY'RE GOING TO BE
ADDITIONAL CHANGES.
IN SONG BEVERLY -- I WOULD WANT
TO BE WORKING WITH THE AUTHOR
AND MAKE SURE THAT THEY DO NOT
RUN AFOUL OF OF AB.
OF OUR IT OF WHERE WE ARE
RETAILERS ARE TODAY SO THANK YOU
THE COMMISSION EXPERTISE.
MISTER CHAIR MEMBERS MIKE MONEY
GOING TO BE HALF THE FOREST
PRODUCTS INDUSTRY NATIONAL LABOR
MANAGEMENT COMMITTEE.
I WE HAVE TWENTY TWO THOUSAND
MEMBERS IN CALIFORNIA IN THE
FOREST PRODUCTS -- INDUSTRY AND
WE ARE CONCERNED ABOUT SOME LOSS
OF JOBS THANK YOU.
THANK YOU NEXT PLACE GOOD
AFTERNOON SILVIO FRYING BEHALF
ICONIX IN OPPOSITION THANK YOU
NEXT PLACE.
GOOD AFTERNOON NEARLY THE JOHN
WITH MAKE YOU CAPTAIN ASSOCIATES
ON BEHALF OF THE CALIFORNIA
MANUFACTURERS AND TECHNOLOGY
ASSOCIATION IN OPPOSITION THANK
YOU NEXT.
HI AARON ABOUT FOR THE
CALIFORNIA ASSOCIATION IT'S WANT.
TO BE SORT OF SPECIFIC AND IN
OUR OPPOSITION WE HAVE AN OPPOSE
LIST AMENDED POSITIONS AND WE
TALKED ABOUT -- WITH BACK AND
FORTH MISTER TING IS STAFF -- AS
GROCERS -- YOU MAY RECALL WE
WORK TO ELIMINATE SIN THESE
PLASTIC BAGS -- FROM OUR STORES
AS A RESULT -- WE NEED RECEIPTS
TO DISCERN WHO'S BOUGHT
SOMETHING WHO HAS ABOUT SOMEONE
IT LEAVE THE STORE MOST
RETAILERS AGO MACY'S OR
NORDSTROM YOU WALK OUT WITH YOUR
MACY'S NORDSTROM BAGS YOU TO
FIGURE OUT WHO'S BOSS SOMETHING.
AT A GROCERY STORE BECAUSE MOST
PEOPLE BRING IN THEIR OWN -- BAG
OR CARRY STUFF OUT THE DOOR IN
THERE CARTER IN THEIR HAND -- WE
NEED TO BE ABLE TO FIGURE OUT
WHO'S BOUGHT SOMETHING WHO HAS
ABOUT SOMETHING A PAPER SEES A
WAY TO DO THAT.
NOW I KNOW -- WE WE TALKED BACK
FORTH THAT MR TING AND HIS STAFF
ABOUT ELECTRONIC RECEIPTS DOING
THAT UNFORTUNATELY -- SOME CASES
WERE A A RECEIPT MAY NOT ARRIVE
ELECTRONICALLY FIFTEEN TWENTY
MINUTES LATER AFTER THE
TRANSACTION TAKING PLACE OF IF
THE SECURITY OFFICER COMES IN AS
FOR SEAT THEY MAY NOT HAPPEN IN
TIME.
OR PLACES WHERE THERE'S NO
INTERNET ACCESS A CELL SERVICE
SO SIR THING SO AGAIN HOPE TO
CAN YOU WORK MISTER TING ON THIS
ISSUE AND I ASK YOU ALL TO KEEP
THAT IN MIND WITH REPORT THANK
YOU VERY MUCH.
THANK YOU NEXT PLEASE.
AND GROWING WE HAVE THE
CALIFORNIA TRACTION SOME PARKS
ASSOCIATION ALSO IN OPPOSITION.
THANK YOU NEXT PLEASE.
READ MADE ON BEHALF OF THE
CHAMBER OF COMMERCE ALLIANCE
AVENTURA AND SANTA BARBARA
COUNTIES IN OPPOSITION THANK YOU
NEXT PLACE.
SOME OF THE COURT ON BEHALF OF
THE ELECTRONIC FRONTIER
FOUNDATION APPRECIATE ONGOING
CONVERSATIONS WITH THE AUTHORS
OFFICE BUT ARE STILL CURRENTLY
IN OPPOSITION THANK YOU THANK
YOU.
CAPTION CHAIR AT WRIGLEY ON
BEHALF OF THE CALIFORNIA CHAMBER
OF COMMERCE AND RESPECTFUL
OPPOSITION THANKS THANK YOU MUCH.
RAINY PARK AND HAVE THE
INTERNATIONAL FRANCHISE
ASSOCIATION IN OPPOSITION THANK
YOU NEXT PLEASE.
STEPHANIE MOORE ON BEHALF OF THE
CALIFORNIA FEELS INCONVENIENCE
ALLIANCE IN OPPOSITION THANK YOU
NEXT PLACE.
GOOD AFTERNOON TOM'S LAWSON ON
BEHALF OF THE CALIFORNIA AFTER
GUYS VEHICLE COLLISION OUR
MEMBERS THAT BUILD AND MAINTAIN
ALTERNATIVE FILLING STATIONS WE
ARE OPPOSE US AMENDED WERE STILL
REVIEWING THE AMENDMENTS -- SO
WE'LL TAKE A FROM WAS A SELECT
COMMITTEE.
ON THOSE AMENDMENTS PICNIC IMAGE
PLEASE.
MISTER CHAIRMAN CAPULET
REPRESENTING THE AMERICAN FOREST
AND PAPER ASSOCIATION STRONG
OPPOSITION JUST WANNA SAY THAT'S
MY FIRST TIME BEFORE YOUR
COMMITTEE AND I JUST WANT TO
THANK YOU FOR YOUR VERY
COMPETENT STAFF.
THANK YOU THANK YOU MUCH NICE
PLACE.
MICROBES IN ON BEHALF OF THE
NATIONAL ASSOCIATION. FOR AND WE
HAVE THE NATIONAL ASSOCIATION OF
THEATRE OWNERS OF CALIFORNIA
THAT OPPOSE THANKS THANK YOU
VERY MUCH NEXT PLEASE. SEVEN
ANDERSON ON BEHALF OF THE
CALIFORNIA TRAVEL ASSOCIATION
WESTERN CAR WASH ASSOCIATION AM
PM AND FAMILY WINEMAKERS A
CALIFORNIA IN OPPOSITION THANK
YOU ARE MEASURES SEE NO
ADDITIONAL OPPOSITION.
MAYBE WHAT I'LL DO IS TO ASK THE
AUTHOR THEIR ADDRESS SOME OF THE
ISSUES AS WE HEARD QUITE A FEW
TODAY.
BUT BEFORE I DO THAT -- ARE YOU
ACCEPTING ALL THE AMENDMENTS YES
I AND WE ALSO COMMITTEE WORKING
ON DISABILITY EXEMPTION WOULD --
TO FOLKS YES WE BUT WE BELIEVE --
WE KNOW WE COULDN'T -- GET IN
TIME FOR THIS COMMITTEE BUT WE
DO WE DO BELIEVE WE HAVE
LANGUAGE THAT WILL -- TAKE CARE
OF THE SOME INFORMATION SO IF
YEAH MISTER CALDERON GO AHEAD I
THANK YOU MISTER CHAIR AND
MISTER TING AND I AND I
APPRECIATE YOU USING -- STRAWS
BONTA QUESTIONS MODEL FOR YOUR
FOR YOUR BILL AND I AND I REALLY
WOULD PUT CAUTION EVERYBODY --
LOOKING AT THIS ISSUE AS IF IT'S
AN A ON IMPORTANT ISSUE AND
SOMETHING TO KIND OF BRUSHED
ASIDE AND NOT TAKE SERIOUSLY --
BECAUSE EVERYBODY DID THAT WAS
DRAWS UPON REQUEST AND I THINK
WE CAN ALL SEE HOW HOW SERIOUSLY
THE WORLD'S TAKEN THAT ISSUE NOW --
YOU KNOW WHEN IT COMES TO THIS
SPECIFIC AND PARTICULAR ISSUE
[inaudible]
YOU'RE NOT.
I YEAH.
I KNOW EVERY TIME THAT I AM
GIVEN A RECEIPT AT SOMETHING
THAT I DON'T USUALLY WANT --
SOMETHING THAT I USUALLY TEND TO
DISCARD PRETTY QUICKLY -- YOU
KNOW I I UNDERSTAND THE ISSUE IN
TERMS OF POINT OF SALE BEING
ABLE TO PROVE PROOF OF PURCHASE --
AND I THINK THAT THAT THAT THAT
NEEDS TO BE A REAL LEGITIMATE
CONCERN ADDRESS WITHIN THIS BILL
IS HOW DO YOU HOW DO YOU VERIFY
THAT SOMEBODY.
IF I DECIDE I DON'T NEED THIS --
I DON'T WANT TO RECEIVE NOT A
ONE ELECTRONIC VERSION I'M
OPTING OUT OF EVEN TO GET
GETTING A RECEIPT HOW DO YOU
PROVE THAT I I I BOUGHT THE
PRODUCT THAT I BUT THEN I BOUGHT
BUT THAT IT IS NOT IMPOSSIBLE TO
ESTABLISH A PROOF OF PURCHASE
WITHOUT.
THE THAT WITHOUT THE RECEIPT I
GO TO HOME DEPOT ALL THE TIME MY
WIFE AND I WOULD LOVE TO DO A
LOT OF WORK.
ON OUR ON OUR HOUSE AND I NEVER
TAKE THE RECEIPT -- OR I ALWAYS
GET A RECEIPT BUT I NEVER TAKE
IT BACK WHEN THEY NEED TO RETURN
SOMETHING BECAUSE I USUALLY JUST
USE MY CREDIT CARD THAT I USE TO
PURCHASE THE ITEM TO TO VERIFY --
THAT I DID BUY THE ITEM THERE
AND AND AND THEY CAN LOOK THAT
UP JUST THROUGH RUNNING THE
CREDIT CARD THAT I USE THAT THE
AT THE POINT OF PURCHASE -- YOU
KNOW I I KNOW THAT.
MADE IN MY THAT THERE COULD BE
OTHERS BUT IN TERMS OF GROCERY
STORES COSCO IS THE ONLY ONE
THAT I CAN REALLY THINK OF OFF
THE TOP OF MY HEAD THAT REALLY
USES A RECEIPT -- TO VERIFY
BEFORE EVERYBODY LEAVES THAT YOU
KNOW YOU REALLY DID PURCHASE THE
IN FOR A YEAR REALLY DID
PURCHASE THE PRODUCTS THAT.
YOU'RE TRYING TO LEAVE THE STORE
WITH AND SO -- YOU KNOW THAT
NEED TO BE A CONCERN THAT NEEDS
TO BE ADDRESS ALTHOUGH I ALSO
DON'T FEEL LIKE IT'S SOMETHING
THAT THEY CAN FIGURE OUT -- BUT%
BUT BEING ABLE TO VERIFY.
EVEN WITH AN ELECTRONIC RECEIPT --
BEING ABLE TO VERIFY PROOF OF
PURCHASE IS IMPORTANT -- AND
THEN YOU KNOW. ONE OF THE THINGS
THAT WAS INTERESTING THAT CAUGHT
MY ATTENTION WAS THE IDEA THAT
THERE ARE BE PA'S THAT ARE BEING
USED.
OUR OR OR THAT ARE THAT ARE
EXISTING ON THE THE RECEIPTS --
I MEAN IF THAT'S THE CASE ON THE
NECESSARY SHOULD ALREADY AREN'T
LEGAL IN A PROP SIXTY FIVE SO.
IT BE INTERESTING TO TO KNOW
WHETHER OR NOT THERE REALLY IS
B. P. A.'S.
ARE THAT ARE THAT ARE PRESENT
THERE BECAUSE THOSE ARE
EXTREMELY DANGEROUS IT BOB
SOMETHING THAT WE'VE RECOGNIZING
WE'VE DEALT WITH QUITE A LONG
TIME AGO AND SO IT WOULD BE GOOD
NOW -- IF THAT REALLY ACTUALLY
TRULY IS THE CASE -- AND AND IF
THERE IS A PROJECTS AFFECTED OR
NOT -- SO.
YOU KNOW I I THINK THAT -- THIS
IS SOMETHING THAT WE WE NEED TO
ADDRESS -- YOU KNOW WE'RE VERY
RACE -- OF WASTEFUL.
SPECIES AND IT'S USUALLY WHEN IT
COMES TO CONVENIENCE AND OTHER
STUFF LIKE THAT -- IN IT AND
IT'S NOT SMART FOR US TO
CONTINUE JUST OVERLOOK SMALL
THINGS LIKE THIS THE THIS IS A
CONVENIENCE FOR US -- THAT YOU
KNOW WE'VE WE'VE BEEN ABLE TO
ESTABLISH BUT WE ALSO ARE LIVING
IN THE MOST TECHNOLOGICALLY
ADVANCED TIME OF OUR LIVES.
SO THAT DOESN'T MEAN THAT WE
CAN'T FIGURE OUT HOW TO MOVE
FORWARD I I APPRECIATE THE
COMMITTEES AMENDMENTS SPECIFYING
THAT -- YOU KNOW. TO MAKE
RECEIVED OPTIONAL BEEN TWENTY
TWENTY TWO AND REQUIRED
BUSINESSES TO OFFER PAPER OR YOU
RECEIPTS BEGINNING IN.
TWENTY TWENTY FOUR THE HELP AND
I THINK THAT IN MY OPINION
THAT'S WOULD HELP MITIGATE THE
COST.
OF ANY POTENTIAL TURN OVER THAT
YOU'RE GONNA HAVE WHEN IT COMES
OF THE SYSTEM THAT YOU'RE USING
TO BE ABLE TO IMPLEMENT A NEW
SYSTEM.
OF PROVIDING ANY RECEIPT -- AND
THAT'S GENERALLY WHAT THE
LEGISLATURE TENDS TO DO IS
INFLAMMATION.
IT TOOK TO REDUCE THE COST IS IS
IS IS DROUGHT THE IMPLEMENTATION
TIME OR THE REQUIREMENT.
OF WHEN YOU HAVE TO WHEN YOU
HAVE TO FOLLOW -- THIS SPECIFIC
REGULATION SO I I DON'T THINK
THAT THIS IS IN ANY WAY SHAPE OR
FORM NOT DOABLE FOR THE BUSINESS
THAT ARE AFFECTED I THINK THIS
IS JUST.
SOMETHING NEW AND IT'S A CHANGE
IN EVERYBODY'S RESISTANT TO
CHANGE ESPECIALLY BUSINESS WHEN
SOMETHING'S BEEN WORKING AND I
UNDERSTAND THAT SENTIMENT I
UNDERSTAND THE SENTIMENT OF
BEING CONCERNED OUT OF COST BUT
I THINK THAT -- YOU'VE DONE THAT
BY PUSHING OUT THE THE TIME
FRAME I AND I JUST ASK THAT YOU
CONTINUE TO KINDA MITIGATE SOME
OF THE ISSUES OF PROOF PROOF OF
PURCHASE SYSTEM MAKE SURE THAT
WE'RE NOT PUTTING BUSINESSES IN
ANY POSITION WHERE THEY'RE GOING
TO HAVE TO HIRE SOMEBODY TO
STAND.
AT THE DOOR -- TO PROVE THAT
THEY BOUGHT SOMETHING -- BY
SHOWING ME YOUR PHONE OR
SOMETHING ELSE LIKE THAT I MEAN
THERE COULD BE OTHER POTENTIAL
ISSUES THAT ARISE IF YOU HAVE AN
ANSWER BUT HERE BUT IF NOT.
THAT THE THOUGH THAT THAT WOULD
BE MY CONCERN BUT I THINK THAT
THIS IS WHERE THE ISSUE AND THIS
IS SOMETHING THAT -- AGAIN
CALIFORNIA'S GOING TO BE A
LEADER ON NO MATTER HOW
RIDICULOUS PEOPLE MAY THINK IT
IS NOW IT IS ACTUALLY NOT A
RIDICULOUS THIS YOU TO REDUCE.
ALL OF OUR IMPACTS ON THIS
PLANET BY REDUCING OUR OUR WAYS
SO THANK YOU.
THEY WOULD LIKE TO RESPOND TO
THAT THE OR I'M HAPPY TO
RESPONSIBLE WANT TO DO IT I CAN
HELP YOU TO RESPOND AS WELL AS
TO THE OPPOSITION.
TO OUR MISSED BAUER-KAHAN AND
THEN FOLLOWED BY MISS SMITH AND
AND YOU CAN.
SO.
THANK YOU I'M FOR BRINGING THIS
APP I'VE FEET I LOVE PHASE ONE I
CAN'T TELL YOU HOW MANY TIMES I
WALK INTO A STORE AND I DON'T
WANT TO RECEIPTS AND THEY
PRINTED AND HAND IT TO ME AND
THAT FEELS LIKE TRUE WASTE AND I
WISH THEY WOULD JUST.
SAY TO ME.
DO YOU WANT THE RECEIPT BEFORE
THEY PRINT IT SAID PHASE ONE
FEELS LIKE ABSOLUTELY THE RIGHT
POLICY CALL AND AS A MOTHER I
ACTUALLY NEVER LET MY KIDS
HANDLE RECEIPTS BECAUSE I KNEW
ABOUT B. P. A. B. PS AND
ESPECIALLY ON THE ONLY.
ONE IN CHILDREN I KNOW WELL MY
BACKGROUND -- BUT ESPECIALLY IN
CHILDREN THAT REALLY HAS AN
IMPACT GIVEN THE SIZE OF THEIR
BODIES AND SO THIS IS.
AN ISSUE THAT I THINK WE SHOULD
BE TAKING SERIOUSLY BOTH FROM
ENVIRONMENTAL PERSPECTIVE BUT
ALSO THE TOXICITY OF THE
RECEIPTS IS REAL -- BUT I AM
CONCERNED WITH THE IMPACT ON
SMALL BUSINESSES AND YOU AND I
HAVE HAD THIS CONVERSATION --
AND I'M CONCERNED WHEN I THINK
ABOUT A MILLION DOLLARS IS A
THRESHOLD YOU KNOW I DO AGREE
THAT I THINK THEY'RE PROBABLY
LOCAL RESTAURANTS THAT ARE
PRICEY IN THE BAY AREA THAT
REACH A MILLION DOLLARS.
A MOM AND POP RESTAURANT A LOCAL
JEWELRY STORE YOU KNOW YOU CAN
THINK OF A LOT OF EXAMPLES.
AND SO I DON'T WANT THE
IMPLEMENTATION OF THIS TO BE SO
COSTLY THAT WERE HURTING OUR
LOCAL BUSINESSES AND SO I WOULD
ACTUALLY INVITE THE OPPOSITION
AS WELL -- YOU KNOW WE'VE TALKED
ABOUT MAKING SURE THAT IS THIS
MOVES FORWARD IT THE DEFINITION
OF THAT IS CLARIFIED SO THAT ARE
SMALL BUSINESSES WERE REALLY THE
FOR THE FOLKS CONCERNED IN MY
DISTRICT ARE DRESSED.
AND SO I WOULD INVITE YOU -- SIR
IF YOU HAVE THOUGHTS ON WHAT A
BETTER DEFINITION ART PROP FOR
THEM.
YOUR THOUGHTS YOU'D LIKE TO
SHARE YEAH WE WE IS ALSO AGREE
WITH -- THE RESTAURANTS
CESSATION AS WELL THE MILLION
DOLLARS A HARD TARGETS WE'D LIKE
TO DEFINITELY FOLLOW UP.
WITH SOME DIFFERENT MEASURES
BECAUSE IT'S IT'S IT'S HARD TO
DO IN A IN A IN A NUMBER BUT
YEAH IT WOULD BE LIKE FOLLOW UP
AND I AM.
DO WE HAVE YOUR COMMITMENT TO
LIVE TOGETHER.
TO ATTENTION -- WERE COMPLETELY
OPEN TO WHAT THE DEFINITION IS
WHAT SAN FRANCISCO USERS.
WE ARE ACTUALLY VERY OPEN TO A
BETTER DEFINITION.
WE ALSO DO WANT TO MENTION WE
EXEMPTED OUT BUSINESSES THAT
ONLY TAKE CASH SO IF YOU ONLY
TAKE CASH YOUR EXEMPTED ON THE
BILL [inaudible]
THANK YOU.
I MISS SMITH HAD.
I AM I THINK THE AUTHOR FOR THE
INTENT BEHIND THIS BILL I I
THINK YOU KNOW ENVIRONMENTALLY
IT MAKES SENSE ON TO BE REDUCING
WASTE AS MUCH AS POSSIBLE.
I HAVE TWO CONCERNS PRIMARILY
ONE I THINK THAT THERE
REGULATION OR THE THE DANGER OF
THIS SMALL CHEMICALS IS THIS
SHOULD BE A SEPARATE.
ISSUE AND AND HANDLE REGULAR
REGULATORY LEE SEPARATELY.
BUT ONE THING THAT I JUST I
CANNOT GET AWAY FROM -- FROM MY
CAMPAIGN AND AND NOW TO MY
SERVICE HERE IN THE
LEGISLATURE'S HEARING TIME AND
TIME AGAIN FOR BUSINESSES OF ALL
SIZES NOT JUST SMALL BUSINESSES
BUT ANYBODY EVEN A MIDSIZE
BUSINESS EVEN SOMEBODY WITH
GROSS RECEIPTS OVER A MILLION
DOLLARS.
THAT THE COST OF DOING BUSINESS
IN CALIFORNIA IS GETTING TOO
HIGH AND NOT UNLIKE A LOT OF
WELL INTENTIONED TAX MEASURES
THAT ARE COMING OUT OF OUR OUR
ASSEMBLY THIS YEAR.
THIS INCREMENTAL APPROACH IN
PUSHING THESE COSTS ON TO
BUSINESS IS BECOMING.
PROHIBITIVE I MEAN I APPRECIATE
THAT IT'S EVEN A COUPLE OF YEARS
OUT BUT THE FACT THAT IT'S A
COUPLE OF YEARS OUT MEANS THAT'S
A FEW MORE YEARS OF COMPLIANCE
WITH INCREASING MINIMUM WAGE
REQUIREMENTS.
THAT'S INCREASE IN WORKERS COMP
PREMIUMS IT'S INCREASE IT FROM
PLAYERS WHO WHO CAN AFFORD TO
PROVIDE IT AND HEALTH CARE
PREMIUMS.
AND I I SIMPLY THINK WE JUST
NEED TO TAKE A PAUSE AND ALLOW
OUR ECONOMY THE OPPORTUNITY TO
KIND OF STABILIZE AND THRIVE IN
IN A NEW NORMAL WITHOUT
CONTINUALLY ADDING.
ADDITIONAL COSTLY AND AND
BURDENSOME REGULATIONS ON ON
BUSINESSES OF ALL SIZES IN
CALIFORNIA I APPRECIATE THE
INTENT I KNOW A LOT OF THE
RETAILERS THAT I SHOP WITH ARE
NOW OFFERINGME THAT OPPORTUNITY
I APPRECIATE. TO MY COLLEAGUES
POINT THOUGH THAT THAT FIRST
PART WHERE WE'RE SAYING IT'S
PERMISSIVE AND KIND OF AN OPT IN
OPT OUT BUT I KNOW I ALSO KNOW
JUST THE TECHNOLOGICAL COST OF
HAVING A FAMILY MEMBER WHO DOES
CREDIT CARD TRANSACTIONS AS A
LIVING-- AND WHAT HE CHARGES
HIS YOU KNOW HIS CLIENTS FOR
CHANGING OUT OF SERVICE IT'S
PROHIBITIVE AND IT'S SOMETHING
I'D RATHER SEE THAT EMPLOYER BE
ABLE TO KEEP A FEW PART TIME
EMPLOYEES ON STAFF AND MAKE THIS
CHANGE.
THANKS VERY MUCH ADDITIONAL
COMMENTS A MISTER IRVING AHEAD.
OF THAT I'M GONNA BE SUPPORTING
YOUR BILL TODAY BUT I DO AGREE
WITH THE CONCERNS THAT A LOT OF
MONEY -- THAT MY COLLEAGUES HAVE --
MENTIONED BUT I APPRECIATE ALL
THE EFFORTS THAT YOU'VE MADE SO
FAR SO IT JUST TO REPEAT A
COUPLE OF I WANT TO SEE YOU KNOW
WHAT IS THE EFFECT ON SMALL
BUSINESSES AND IS THE DEFINITION --
ACCURATE FOR FOR A MILLION
DOLLARS BUT I DO HAVE TO SAY I
DO -- OF GO TO A LOT OF SMALL
BUSINESSES THAT HAD THAT ARE
READY COMPLIANCE THAT ARE READY
SAY YOU CAN USE ANY EMAIL OR OR
GET NO RECEIPT AT ALL SO -- THEY
MIGHT HAVE A LITTLE BIT OF A
LOSS OF A PROBLEM THERE I'M
CONCERNED ABOUT PRIVACY I'D
WOULDN'T WANT ANYBODY TO HAVE TO
GIVE AN EMAIL ADDRESS TO GET A
RECEIPT.
AND THEN FINALLY SOMETHING THAT
I THINK IS -- THAT THAT YOU DO
NEED TO BE WARY OF IS THAT WE
JUST PASS SEE SEE PEOPLE YOU
KNOW WE HAVE BEEN HAVING THE
WHOLE DISCUSSION ABOUT THE
PRIVACY INITIATIVE.
AND WHAT IS THE INTERACTION WITH
YOUR BILL ON THE PRIVACY
INITIATIVE -- ASSEMBLY MEMBER
CALDERON MENTION THAT TO HOW HOW
DO WE MAKE SURE THAT IT'S
SOMEBODY FOR INSTANCE USES THE
RIGHTTO BE FORGOTTEN.
THAT -- THAT THEY'RE STILL ABLE
TO RETURN THERE MACY'S PURCHASE
SO -- LIKE I SAID YOU'VE BEEN A
REALLY GREAT ABOUT OF THE TAKING
AND PUT IN TRYING TO MAKE THIS --
AS FEASIBLE AS POSSIBLE SO -- I
HOPE YOU CONTINUE TO WORK WITH
ALL THE STAKEHOLDERS.
HOW ABSOLUTELY AGAIN YOU KNOW
FOR FOR US WE ACTUALLY?
WANT TO CONTINUE ON WORKING ON
THE SMALL BUSINESS DEFINITION.
I THINK IN TERMS OF PROOF OF
PURCHASE FUND I'M SORT OF
SCANNING THE COMMITTEE IS.
HALF OF YOU ARE LOOKING AT DRY
PHONES OR AT YOUR IPAD OR AT
YOUR MAC BOOKS.
AND IF YOU'RE GOING TO THAT
SOME OF YOU HAVE BEEN AND NOW --
THEY DON'T HAVE THE ONLY OPTION
YOU HAVE IS IT IS A KEY RECEIPT.
QUITE OFTEN AND MAYBE I'M THE
EXCEPTION BUT QUITE OFTEN WHEN I
GET A PAPER RECEIPT AND I WANT
TO GO RETURN AN ITEM.
I GO LOOKING FOR IT AND I CAN
FIND THE THIRTY RECEIPTS I DON'T
NEED BUT SOMEHOW I JUST CAN'T
SEEM TO FIND THE RECEIPT OF THE
ITEM THAT I NEED TO RETURN --
THE ONLY TIME THAT I'M GENERALLY
SUCCESSFUL IS WHEN I GO IN
GOOGLE MY EMAIL AND I CAN
ACTUALLY FIND.
SO -- I I DO UNDERSTAND
EVERYONE'S DIFFERENT APPS MOST
MANY PEOPLE ARE PROBABLY MORE
ORGANIZED AND I AM AND HAVE A
VERY -- EXCELLENT PAPER RECEIPT
FILING SYSTEM UNFORTUNATELY I AM
NOT ONE OF THEM SO SO FOR ME.
HAVING THE E. RECEIPTS IS A
BETTER BETTER BETTER PERSONAL
OPTION FOR ME IN TERMS OF THE
PROOF OF PURCHASE.
I WOULD SAY IN TERMS OF
INSTANTANEOUS RECOGNITION.
NOW A DAYS WHEN I PAY WITH MY
CREDIT CARD MY PHONE GETS THE
TRANSACTION FASTER THAN I CAN
EVEN PACK MY GROCERS.
SO I'M IN I'M IN THE GROCERIES I
THOUGHT THE CREDIT CARD I MEAN
BOY THAT THAT BIT THAT CREDIT
CARDS BEEN BUILT BEFORE I EVEN
CAN GET MY ACHES IN THE GROCERY
BACK.
SO ON IN TERMS OF THE SPEED OF
THIS I THINK -- GOING
ELECTRONICALLY CAN BE MUCH
FASTER.
AGAIN THAT'S WHY WE HAVE THE
OPTION IF PEOPLE WANT PAPER AT
THE ABSOLUTE CAN KEEP.
ITS ITS PAPER RECEIPT UPON
REQUEST WE'RE NOT SAYING YOU
CAN'T GET PAPER ON WE CONTINUE
TO AGAIN WANT WANT TO WORK WITH
THIS IS KEY MAKE SURE THAT THE
SMALL BUSINESS.
DEFINITION IS AS ADEQUATE ON
CALL YOU KNOW MOST OF US GET
COFFEE OR TEA ACROSS THE STREET
AT CHICORY YOU MIGHT NOTICE WHEN
YOU PAY THAT IS A IT'S A DIGITAL
TERMINAL MANY OF THOSE DIGITAL
TERMINALS THAT ARE NEW ARE
ACTUALLY MUCH CHEAPER.
THAN THE OLD CREDIT CARD
TERMINALS THAT ARE PURCHASED
THROUGH THE OLD LEGACY TERMINALS
THE FASTER THE BETTER IN THEIR
CHEAPER.
SO IT'S IT'S NO THIS NO RE IT'S
NO REASON WHY SO MANY SMALL
BUSINESSES THAT ARE SORT OF
STARTING UP NOW THEY'RE OPTING
INTO THOSE.
PARTICULAR TERMINALS WE KNOW
WHETHER YOU'RE A SHOE SHINE THIS
NEWS WHETHER YOU'RE SELLING
OFTEN SELLING COFFEE A WHOLE
VARIETY OF THINGS.
IN TERMS OF PRIVACY ACTUALLY
VERY CONCERNED WE ARE HAPPY TO
AGAIN WE WERE SILENT ON THE
ISSUE SEPARATE FROM WHEN THE
COMMITTEE AMENDMENTS.
WE WANT TO FOLLOW THIS
COMMITTEES LEADS AND ALL THAT
DISCUSSION SO WE DON'T BELIEVE
OUR BILL -- DOES ANYTHING TO
IMPACT WHAT THIS COMMITTEE
DISCUSSION IN WHICH WOULD MERELY
FOLLOW I BELIEVE WHAT THE
COMMITTEE -- WOULD DISCUSS AGAIN
TAKING OUR AMENDMENT SAYING THAT
THE RECEIVED INFORMATION SHOULD
NOT BE USED FOR MARKETING
PURPOSES WE THINK IT IS A BIG
STEP FORWARD AND AGAIN WILL
CONTINUE TO MONITOR.
THE DIFFERENT PRIVACY
DISCUSSIONS AS THEY MOVE FORWARD
ALSO IN A ONE POINT OF
SENSITIVITY WE KNOW THAT IN MANY
RURAL COMMUNITIES YOU DON'T HAVE
INTERNET SERVICE SO WE TOOK AN
AMENDMENT SAYING.
IF THERE'S AN OUTAGE OR YOU
DON'T HAVE SERVICE THAT THIS
ALSO DOES NOT APPLY BECAUSE WE
DON'T WE DO KNOW IN SOME PLACES.
IN OUR STATE.
THERE IS A DIGITAL DIVIDE AND
THERE IS NOT ACCESO WE ALSO
WANTED TO BE VERY SENSITIVE TO
THAT.
THANK YOU VERY MUCH OUT IF THERE
ARE NO ADDITIONAL COMMENTS OR
QUESTIONS I I WANT TO THANK THE
AUTHOR FOR BRINGING THE BILL
FORD.
UP WITH HIS COMMITMENT TO
CONTINUE WORKING WITH THE
STAKEHOLDERS I FEEL COMFORTABLE
MOVING THE BILL FORWARD.
OUR AND LOOKS LIKE -- WE DO HAVE
A FEW ITEMS TO KIND OF TACKLE I
GUESS ARE GOING FORWARD SO -- SO
THE BILL IS GOING TO GO TO
APPROPRIATIONS NEXT -- IS THERE
A MOTION TO MOVE THE BILL.
BILL'S BEEN MOVED TO I HAVE A
SECOND.
IT'S BEEN SECONDED DATA WHICH
YOU LIKE TO CLOSE.
REALLY PRETTY THE DISCUSSION
AGAIN -- YOU HAVE MY WORD THAT
WE'RE GONNA CONTINUE TO WORK ON
MANY OF THE ISSUES THAT WE'VE
DISCUSSED -- THE DOES THIS AGAIN
AT THE SECOND COMMITTEE BUT WE
FULLY ANTICIPATE THERE WILL BE
CONTINUED TO HAVE A VERY ROBUST
DISCUSSION IN THE BE FURTHER
CHANGES AS WE MOVE TO THE
PROCESS.
THANK YOU VERY MUCH RESPECT
DRESS RIGHT MADAM SECRETARY
PLEASE CALL THE ROLL.
CHAO HI TELL AYE KILEY.
KILEY NO BAUER-KAHAN.
BAUER-KAHAN I BERMAN.
BERMAN I CALDERON CALDERON HI
GABRIEL [inaudible]
GALLAGHER.
GALLAGHER NO IRWIN OBERNOLTE.
OBERNOLTE NO SMITH.
SMITH NO WICKS.
YOU HAVE FIVE VOTES WILL LEAVE
THE ROLE OPEN FOR ADDITIONAL
MEMBERS THANK YOU THANK YOU FOR
BEING HERE [inaudible]
OKAY -- YEAH BRING SAYS TO MISS
SALAMONE WELCOME AND YOU HAVE --
BILLY TWO BILLS -- ITEM FOURTEEN
IS AB.
SIX FORTY TWO AND SEVENTH ITEM
SEVENTEEN IS AB ELEVEN EIGHTY
ONE WHICH SHOW WHICH LIKE TO
START WITH.
START WITH SIX AT FORTY TWO
PLEASE SIX TWENTY TWO ABSOLUTELY.
ANYTHING.
ANYTIME YOU'RE READY THANK YOU
TURN MEMBERS AB SIX FORTY TWO
WILL PROVIDE IMPORTANT CONSUMER
PROTECTIONS FOR THE THOUSANDS OF
CONSUMER AND SMALL BUSINESS
OWNERS.
WHO ARE SERVED BY THE FINANCE
LENDERS AND BROKERS LICENSE AND
TO CALIFORNIA FINANCING LAW?
UNDER THE EXISTING LAW THE
DEFINITION OF BROKER IS VAGUE
AND CIRCULAR LEADING TO
CONFUSION FROM LENDERS ABOUT
WHICH ENTITIES THEY CAN PARTNER
WITH.
WHEN ARRANGING LOANS FURTHER THE
DEFINITION OF BROKER IN EXISTING
LAW WAS FORMULATED LONG BEFORE
THE RISE OF THE INTERNET AND THE
EVOLUTION OF ONLINE LEAD
GENERATION SO ARE A LOT NEEDS TO
BE UPDATED WITH THIS ONLINE
ACTIVITY IN MIND?
THE GENERATOR'S PROVIDE VALUABLE
MARKETING SERVICES TO A WIDE
RANGE OF INDUSTRIES HOWEVER MANY
ONLINE LEAD GENERATORS THAT
SERVE THE LENDING INDUSTRY.
PROVIDE MORE THAN JUST MARKETING
SERVICES THESE ENTITIES ACT AS
BROKERS WHEN THEY'RE WHEN THEY
BRING BORROWERS AND LENDERS
TOGETHER TO RANGE ALONE BASED ON
CONFIDENTIAL THAT DATA PROVIDED
BY A CONSUMER OR SMALL BUSINESS
OWNER.
THIS BILL DOES NOT PROHIBIT
ONLINE LEAD GENERATORS FROM
OPERATING IN CALIFORNIA SIMPLY
THIS BILL REQUIRES THREE BASIC
THINGS FROM THE COMPANY'S ONE TO
GET A BUSINESS LICENSE FROM THE
DEPARTMENT OF BUSINESS OVERSIGHT.
TO PROVIDE TRANSPARENT
DISCLOSURES TO THE CONSTRUCT
AMER'S AND THREE OBTAIN.
CUSTOMERS CONSENT BEFORE SELLING
AND TRANSMITTING THEIR
CONFIDENTIAL DATA IN ADDITION TO
PROTECTIONS FROM CONSUMERS THIS
BILL CLARIFIES RULES FOR ONLINE
THE GENERATORS AND REFERRAL
PROVIDERS IN THE SMALL BUSINESS
LENDING SPACE THESE
CLARIFICATIONS WILL HELP THE
EMERGING.
EMERGING FIN TECH COMPANIES THAT
ARE PROVIDING VALUABLE ACCESS TO
CAPITAL FOR SMALL BUSINESSES IN
CALIFORNIA.
I WORKED EXTENSIVELY WITH
LENDERS AND LEE GENERATORS OVER
THE LAST YEAR TO ENSURE THAT
THIS BILL APPROPRIATELY
ADDRESSES THE CONSUMER
PROTECTION CONCERNS IN OUR
LENDING MARKETS WITHOUT PLACING
UNNECESSARY BURDENS ON THE
BUSINESSES THAT WORK IN THIS
AREA.
DO LAST YEAR'S PROCESS I WAS
ABLE TO GET A LARGE NUMBER OF
CONSUMER AND COMMERCIAL LENDERS
AND BROKERS COMFORTABLE WITH
THIS APPROACH.
I ALSO WORKED VERY CLOSELY WITH
THE DEPARTMENT OF BUSINESS
OVERSIGHT TO MAKE SURE THAT THE
PROTECTIONS IN THIS BILL.
CAN BE APPROPRIATELY ENFORCED BY
THE REGULATOR.
LASTLY I WOULD LIKE TO THINK
THAT SHARING COMMITTEE
CONSULTANTS FOR THEIR HELPFUL
SUGGESTIONS ON TAILORING THE
DEFINITION OF CONFIDENTIAL DATA
AND I'M HAPPY TO ACCEPT THE
AMENDMENTS IDENTIFIED IN THE
ANALYSIS.
TESTIFYING TODAY IN SUPPORT OF
THE BILL ARE MARINE MAHONEY FROM
CONSUMER REPORTS AND CHRIS
MATTER ON BEHALF OF ON DECK
CAPITAL.
THANK YOU VERY MUCH A FIRST WIN
AS PLACE.
TURNS OUT MEMBERS OF THE
COMMITTEE THANKS FOR THE
OPPORTUNITY TO SPEAK TODAY.
MY NAME'S MAUREEN HONEY AND ON
BEHALF OF CONSUMER REPORTS WE
STRONGLY SUPPORT THIS MEASURE.
ONLINE LENDING IS THE FASTEST
GROWING CHANNEL WHERE CONSUMERS
FALL INTO HIGH COST LOANS WITH
TRIPLE DIGIT INTEREST RATES.
ONLINE LENDERS ARE HEAVILY
RELIANT ON THE GENERATORS
TOGETHER CONSUMERS FINANCIAL
INFORMATION INTO FINAL THAT DATA
BACK TO LENDERS COMPETE AGAINST
EACH OTHER FOR THE OPPORTUNITY
TO SELL THE CONSUMER ALONE.
CALIFORNIA LAW IS UNCLEAR ON HOW
THESE ONLINE THE GENERATORS ARE
REGULATED SO THIS BILL IS A STEP
IN THE RIGHT DIRECTION BY MAKING
IT CLEAR THAT THESE COMPANIES
NEED A LICENSE AND OVERSIGHT.
FROM THE STATE FINANCIAL
REGULATOR.
GOING TO CONTINUE TO FIGHT FOR
EVEN STRONGER REGULATIONS
INCLUDING AN INTEREST RATE CAP
ON THESE LOANS BUT THIS BILL
WILL BRING THESE COMPANIES OUT
OF THE SHADOWS AND ENSURE
GREATER TRANSPARENCY.
A WE SUPPORT THIS REASONABLE
APPROACH AND WE ARE DRIVE A
THANK YOU THANK YOU MATCH NEXT
WHEN HIS PLACE.
THANK YOU MISTER CHAIR AND
MEMBERS CHRISTMAS OUR BEHALF OF
ON DECK CAPITAL WHICH IS IN
SUPPORT OF THE BILL -- DECAPOLIS
OUT LARGEST ONLINE SMALL
BUSINESS LENDING PLATFORM UNITED
STATES AND USES TECHNOLOGY TO
EXPAND ACCESS TO CAPITAL FOR
AMERICA'S SMALL BUSINESSES.
ON DECK IS COMMITTED TO
PROVIDING IT SMALL BUSINESSES
CUSTOMERS WITH FAIR AND
TRANSPARENT FINANCING OPTIONS SO
THEY CAN FOUGHT FOCUS ON WHAT
THEY DO BEST.
WHICH IS GROWING THEIR
BUSINESSES HIRING WORKERS AND
FUELING THEIR LOCAL ECONOMIES.
SIX FORTY TWO WILL PROVIDE MUCH
NEEDED CLARITY ON THE TREATMENT
OF DIFFERENT REFERRAL
RELATIONSHIPS ON THE CALIFORNIA
FINANCE FINANCING LAW WHICH
CURRENTLY HAS CREATED
UNCERTAINTY. FOR COMMERCIAL
LENDERS AND THEIR BUSINESS
PARTNERS REGARDING WHAT
ACTIVITIES ARE PERMISSIBLE AND
OR SUBJECT IN LICENSURE.
IN CALIFORNIA THE CFL'S ALSO
FAILED TO KEEP.
PACE WITH TECHNOLOGY
TECHNOLOGICAL -- INNOVATIONS IN
ONLINE MARKETING REFERRAL AND
BROKERING ACTIVITIES.
BY PROVIDING CLEAR DISTINCTIONS
AMONG BROKERING A REFERRAL
ACTIVITIES AND ALLOWING CERTAIN
FLEXIBILITY IN THE COMPENSATION
ARRANGER ARRANGEMENTS PERMITTED
THERE UNDER.
AB SIX FOUR TWO WILL PROVIDE
GREATER LEGAL CERTAINTY CREATE A
MORE LEVEL PLAYING FIELD FOR
EXISTING CFL LICENSEES AND OPEN
THE DOOR. FOR MORE COMPANIES TO
EXPLORE LICENSURE UNDER THE CFL
THANK YOU.
THANK YOU VERY MUCH --
ADDITIONAL -- SUPPORTERS. TO
CHAIR MEMBERS MIKE MADA GOING TO
BE HAVE THE CITY AND COUNTY OF
SAN FRANCISCO IN SUPPORT
[inaudible]
THANK YOU.
OPPOSITION PLEASE COME ON UP
[inaudible]
WELCOME.
THANK YOU -- CHAIR ASSEMBLY
MEMBERS -- MY NAME IS JASON RON
BROWN I WORK FOR A COMPANY IN
LOS ANGELES CALL LONG CALL
CALIFORNIA.
WITH OTHER DETAIL AND SEE IF A
LICENSE SINCE TWO THOUSAND AND
FOURTEEN OUR CORE BUSINESS IS
LEAD GENERATION.
WHICH A LOT OF PEOPLE DON'T
UNDERSTAND WHEN THEY HEAR LEAD
GENERATION SOME PEOPLE DON'T
KNOW WHAT IT IS AN HONOR PEOPLE
THINK IT'S A SIMPLE PROCESS IS
VERY COMPLEX.
WE'VE BEEN WORKING WITH THE D.
B. O. AND WITH -- CHAIR ONE OF
THEM ON FOR THE LAST THREE OR
FOUR YEARS I'M TRYING TO CRAFT.
LEAD GENERALIZING SAYING AND
IT'S COMPLICATED BECAUSE THE
DEVIL'S IN THE DETAILS ON THE
TECHNICALITY SO I AGREE WITH --
CHAIR WOMANLY MON THAT THERE ARE
THREE SIMPLE COMPONENTS HERE.
AS SHE SAID LICENSING DISCLOSURE
AND CONSENT OUR PROBLEM IN OUR
OPPOSITION IS NOT THE CONSUMER
PROTECTION ISSUE.
IT'S IT'S THE TECHNICALITY ON
HOW DISCLOSURES AND CONSENT NEED
TO BE PRESENTED SO THE REALITY
IS IN THIS LEAD JEN UNIVERSE
CONSUMERS GO ONLINE.
LOOKING FOR A SOLUTION AND THEY
WANT SOMETHING QUICK AND THEY
WANT SOMETHING CERTAIN THEY WANT
IT NOW.
SO THE BAD GUYS WHO ARE OUT
THERE AND THEY ARE THIS IS NOT
ANECDOTAL THERE REALLY OUT THERE.
THEY USE FALSE ADVERTISING LIKE
NO CREDIT CHECK LOANS GUARANTEED
APPROVAL INSTANT FUNDING WE HAVE
TO COMPETE WITH THEM.
BUT WE MAKE SURE OUR ADVERTISING
IS TRUTHFUL.
AND WE ALSO MAKE SURE THAT WE
THAT OUR LENDERS THE BAD GUYS
DON'T THAT ANYBODY BECAUSE THEY
JUST WANT TO STEAL INFORMATION.
AND SELL IT OR USE IT FOR
FISHING THEIR SCAM WEBSITES OUT
THERE IT'S ALL OVER THE INTERNET.
SO WHAT WE REALLY WANT TO DO
WORKING WITH THE BILL AUTHOR.
IS.
TO CLARIFY THE DISCLOSURES AND
THE CONSENT REQUIREMENTS SO THE
GOOD ETHICAL LEE GENERATORS CAN
STILL DO BUSINESS AND COMPETE
WITH THE BAD GUYS.
THE BAD GUYS AREN'T GOING AWAY
WE ALL KNOW THAT SO WHAT WE NEED
IS LEGISLATION THAT WILL ALLOW
COMPANIES TO SAY YES I WANT TO
GET.
A BROKER LICENSE YES I WANT TO
MAKE THESE DISCLOSURES IN THE
CONSENT BECAUSE IF WE DON'T GET
PEOPLE TO BUY INTO IT.
WE LOSE THE BEST CONSUMER
PROTECTION WE HAVE THE BEST
CONSUMER PROTECTION WE HAVE ARE
REGULATED.
ETHICAL LEAD GENERATORS.
AND THE OTHER COMPANIES I'M PART
OF THE ONLINE LENDERS ALLIANCE
AND I WORK WITH A LOT OF WE
GENERATORS THAT AREN'T LICENSED
IN CALIFORNIA.
THEY DON'T WANT TO GET INVOLVED
IN THIS PROCESS BECAUSE THEY
DON'T THINK THEY CAN MAKE IT
WORK.
IT'S NOT THE CONCEPT IT'S THE
TECHNICALITIES HOW CONSENT IS
OBTAINED HOW DISCLOSURE MADE AND
WHEN SO WE ARE OPPOSED UNLESS WE
CAN.
CLEAN THAT UP BECAUSE WE WANT.
THE LICENSING WE WANT THE
CONSUMER PROTECTION.
EXCUSE ME THAT'S VERY IMPORTANT
FOR US FIGURE MATCHA.
ADDITIONAL OPPOSITION.
ALLENTOWN IS ON BEHALF OF THE
SMALL BUSINESS FINANCE
ASSOCIATION YES BFA IS THE
LARGEST ASSOCIATION REPRESENTING
MARKETPLACE COMMERCIAL LENDERS.
RECALL LAST YEAR SB TWELVE
THIRTY FIVE WAS PASSED BY THE
LEGISLATION SIGNED BY THE
GOVERNOR AND IS GOING THROUGH
THE REGULATORY PROCESS OF
DEPARTMENT OF BUSINESS OVERSIGHT.
WE BELIEVE THAT SIX FORTY TWO
ALL THE WELL INTENTIONED WASHER
CONFLICT WITH A LOT OF THE
REGULATORY PROCESS THAT'S GOING
ON NOW.
AND THEN WE'LL HAVE CONFLICTING
REQUIREMENTS RESPECT TO TWELVE
THIRTY FIVE AND SIX FORTY TWO
RELATING TO A COMMERCIAL LENDERS
WE WOULD REQUEST THAT THE
SECTIONS RELATING TO COMMERCIAL
LENDING COME OUT OF THE BILL.
LET THE REGULATORY PROCESS WORKS
OF THE DEPARTMENT OF BUSINESS
OVERSIGHT AND THE IMPLEMENTATION
OF SB.
SIX TWELVE THIRTY FIVE AND THEN
COME BACK IN A COUPLE YEARS ONCE
THE REGULATORY PROCESS IS DONE
AND DO A SEPARATE COMMERCIAL
LENDING -- REGULATORY REGIME.
FOR LEAD GENERATING AND
BROKERING SO WE WOULD LIKE TO
SEE.
JUST COMMERCIAL LENDING TAKEN
OUT AND PUT ADVANCE FOR A COUPLE
YEARS AND COME BACK AND DEAL
WITH THAT ONCE WE HAVE FULL OF
IMITATION OF TWELVE THIRTY FIVE
THANK YOU.
THANK YOU MATCH NEXT PLEASE.
TERRY MEMBERS MELANIE CUEVAS
WITH KING TUNNELS AND HER MEN ON
BEHALF OF THE UPPER LAKE TRIBE
WE REMAIN IN OPPOSE UNLESS
AMENDED POSITION UNFORTUNATELY
AT THE LANGUAGE THAT CURRENTLY
ADDRESSES TRAVEL BUSINESSES WE
DON'T FEEL GIVES US THE LEGAL
CERTAINTY THAT WE NEED -- BUT WE
HOPE TO CONTINUE TO WORK WITH
AUTHOR AND HER STAFF TO RESOLVE
THIS AND COME TO A CONSENSUS
THANK YOU THANK YOU MUCH NEXT
THE PLACE.
DAVID CAN TANA WITH ONLINE
LENDERS ALLIANCE AND WE TO LIKE --
CHASE IN OUR POSE AT LESS
AMENDED AS MISTER ROBERTS SAID
THESE THESE -- LENT THESE
CUSTOMERS ARE NOT GONNA GO AWAY
THEIR SIMPLE GET GO TO
UNLICENSED FOLKS SO WE WANNA BE
LICENSE BUT WE HAVE TO DO IT
RIGHT.
THANK YOU MUCH X..
MISTER CHAIR MEMBERS THEIR NAME
ALLOWED REPRESENTING LENDING
TREE WE HAVE AN OPPOSE UNLESS
AMENDED POSITION HOWEVER -- WE
GENERALLY APPRECIATE THE
FRAMEWORK OF THE BILL AND WE'RE
HAVING VERY GOOD CONVERSATIONS
WITH THE AUTHORS OFFICE AND DPO.
TIME WE APPRECIATE THE STAFF OF
THOSE CONVERSATIONS AND WE'RE
CONFIDENT WE'LL WORK IT OUT
THANK YOU.
THANK YOU MUCH -- NEXT PLEASE.
SEEING NO OTHER COMMENTS.
LET'S BRING IT BACK TO THE
COMMUNICATIONS COMMENTS FROM
COMMITTEE MEMBERS.
HEARING NONE ARM I JUST HAVE A
QUESTION FOR OPPOSITION TO SUIT
THE OPPOSITION IS -- TO THE
POSITION IS TO OPPOSE IT --
UNLESS AMEND IT DID YOU ACTUALLY
PROVIDING AMENDMENTS. TO THE
AUTHORS WE WE PROVIDED.
SEVERAL AMENDMENTS TO AB --
THIRTY TWO OH SEVEN LAST YEAR WE
WORKED EXTENSIVELY WITH THE
COMMITTEE WE ALSO -- GAVE SOME
VERY DETAILED AMENDMENTS -- AT
THE BEGINNING OF THIS YEAR.
THIRTY TWO OH SEVEN WAS I THINK
THE BASIS WHEN IT WHEN IT WAS
HELD IN COMMITTEE ON THE SENATE
SIDE.
WAS THE SAME BILL I BELIEVE THAT
WAS INTRODUCED HERE SO THE
ISSUES LAST YEAR THAT WE
COULDN'T OVERCOME WARRANT.
BUILT INTO THIS BILL AND THAT'S
WHAT WE'RE TRYING TO FIX OUR
CULTURE OKAY THANK YOU VERY MUCH --
LET'S SEE MS LEVEL WHICH YOU
LIKE TO ADDRESS SOME OF THE
ISSUES AND OR CLOSE -- DRIVER
MOTION FOR SAW ARE TO MOVE THIS
BILL.
BILL'S BEEN MOVED AND SECONDED
SO FEEL FREE TO ADDRESS --
RESPOND TO SOME OF THE WE ARE
WORKING WITH THE REGULATOR WHICH
IS A DETERMINE OF BUSINESS
OVERSIGHT AND THE AMENDMENTS
THAT HAVE BEEN PROVIDED WERE
AMENDMENTS THAT THE DEPARTMENT
OF BUSINESS OVERSIGHT COULD NOT --
WORK WITH AND SO THIS IS BEEN A
YEAR IN PROGRESS AND I THINK IF
THERE IS SOMETHING PRESENTED
THAT IS WORKABLE WE WILL
CONTINUE THE CONVERSATION I MEAN
WE'VE BEEN TALKING ABOUT THIS
FOR MORE THAN TWELVE MONTHS --
BUT I WANT TO BE VERY CLEAR THAT
THIS IS A BILL WHERE WE'RE
WORKING WITH THE DEPARTMENT
ITSELF AND SO THIS IS MUCH MORE
COMPLICATED THE JUST TAKING IT
WE THE THE THE DEPARTMENT WANTS
TO BE ABLE TO ENFORCE IT AND I
THINK AS HAS BEEN NOTED BY THE
OPPOSITION.
THERE IS A LOT OF BAD GUYS OUT
THERE AND THIS IS WHAT WE'RE
TRYING TO GET AT SO CERTAINLY
YOU HEARD THE FIRST TESTIMONY OF
SOMEONE IN THE SPACE IN THE
INDUSTRY THAT SAYS YES WE CAN
WORK WITH THIS THIS IS UP THE
SOMETHING WE CAN DO.
WE EXPECT THAT LIKE ANY OTHER
BILL YOU WILL SEE -- WITH THOSE
THAT HE CAN WORK WITH THE BILL
THOSE WHO CAN'T WORK WITH THE
BILL BUT IT'S GOING TO BE
IMPORTANT FOR US THAT THE
REGULATOR -- IS ALSO ON BOARD
WITH THIS IN RESPECT TO THE
LANGUAGE READ TO TRAVEL I JUST
WANT TO NOTE THAT THE BILL
ITSELF PAGE NINE SECTION TWENTY
TWO ZERO FIVE ZERO POINT.
ONE DOES MAKE IT VERY CLEAR
NOTHING IN THIS DIVISION SHALL
BE INTERPRETED TO ALTER FEDERAL
AND STATE LAW GOVERNING TRIBAL
SOVEREIGNTY -- IMMUNITY AND
THAT'S AGAIN A CONVERSATION
THAT'S BEEN HAD WITH THE
REGULATOR.
VERY GOOD -- I WANT TO
PERSONALLY SEE THIS -- ON MAJOR
MOVE BECAUSE OF THE FACT THAT
YOU KNOW THAT THE BILL THAT THE
ORIGINAL BILL WAS STARTED LAST
YEAR AND HAS BEEN MENTIONED YOU
KNOW THEY'RE THEY'RE BAD GUYS
OUT THERE THAT WE NEED TO
BASICALLY -- PICK UP BY AND
MAYES YOU KNOW JUST REGULATE
THEM SO THERE'S SOMEWHAT OF AN
EMERGENCY I SEE I SEE IN A SENSE.
SO I I WANNA I'M I'M GONNA
SUPPORTED TODAY JUST TO BUT I DO
WANT TO ASK THE PARTIES IN A
PARTICULAR THE OPPOSITION TO
REACH OUT TO THE AUTHOR AND SEE
IF THERE'S ANYTHING THAT YOU CAN.
ARE THAT WOULD BE ACCEPTABLE TO
YOU -- YOU KNOW YOU MAY NOT LIKE
YOU KNOW OF ALL OF IT BUT AT
LEAST YOU KNOW TO TO OFFER --
SOMETHING FOR THEM TO CONSIDER
AS WELL SO THAT'S MY DOES MY ASK --
TODAY SO.
GERMAN COMIC IS MORE COMMON --
THERE'S NO NEED TO RESPOND BUT
IF YOU FOR YOU JUST SO YOU KNOW
IT'S A FAIR TEN SECONDS.
I JUST WANT TO POINT OUT THAT
THE BAD GUYS THAT WE NEED TO
CONTROL AREN'T GOING TO SUBMIT
TO REGULATIONS ARE WE NEED THE
GOOD ACTORS TO BE ABLE TO BE THE
BUFFER FROM MATCH HAS AND THAT'S
OUR INTENT.
OKAY MAKES SENSE WITHOUT THE
MADAM SECRETARY THE BILL HAS
BEEN MOVED AND SECONDED TO MADAM
SECRETARY PLEASE CALL THE ROLL.
CHAU.
I SO I KILEY.
KILEY NO B QUE HAN
[inaudible]
BERMAN [inaudible]
CALDERON.
CALDERON I GABRIEL [inaudible]
GALLAGHER [inaudible]
IRWIN [inaudible]
OBERNOLTE.
OBERNOLTE NO SMITH.
SMITH I WICKS
XII.
YOU HAVE FULL VOTES WILL LEAVE
THE ROAD OPEN FOR A ABSENT
MEMBERS LATER.
I THANK YOU VERY MUCH.
YOU DO HAVE A SECOND BILL AND
THAT IS ITEM OF SEVENTEEN AB
ELEVEN EIGHTY ONE SO WITH THAT
ANYTIME YOU'RE READY YOU MAY
BEGIN.
THANK YOU TERM MEMBERS ASSEMBLY
BILL ELEVEN EIGHTY ONE INSURERS
THAT ALL CHARITIES REPORTING
GIFT IN KIND OR NON MONETARY
DONATIONS TO THE ATTORNEY
GENERAL'S REGISTRY OF CHARITABLE
TRUSTS.
DO SO UNDER THE SAME UNIFORM
TRANSPARENT RULES CREATING A
LEVEL PLAYING FIELD IS IMPORTANT
TO PROTECT BOTH CHARITIES AND
DONORS FROM MISLEADING OR
CONFUSING FINANCIAL REPORTING
SPECIFICALLY.
THIS BILL FOCUSES ON A UNIQUE
SITUATION WHERE GIFTS IN KIND
DONATION IS RESTRICTED BY THE
DONOR SO THAT IT CANNOT BE USED
IN THE UNITED STATES. FOR
EXAMPLE A PHARMACEUTICAL COMPANY
MAY REQUIRE CHARITY TO USE A
DONATION OVERSEAS AND NOT INSIDE
THE U. S. MARKET.
SINCE THE VALUE OF THAT DONATION
IS HIGHLY VARIABLE THIS BILL
CLARIFIES THAT CHARITY SHOULD
REPORT USING THE FAIR VALUE.
OF THE END RECIPIENT MARKET AND
NOT ITS VALUE IN THE UNITED
STATES.
IF THE DONATION IS NOT
RESTRICTED THAN THE BILL DOES
NOT APPLY.
OVER EVALUATION OF GIFT IN KIND
LEADS TO AN INFLATED TOTAL
REVENUE FOR THE CHARITY WHICH
MAKES THE CHARITY PURE MORE.
SUCCESSFUL AND EFFICIENT TO THE
PUBLIC AND POTENTIAL DONORS AB
ELEVEN EIGHTY ONE IT IS
NECESSARY TO CLARIFY FOR NON
PROFITS AND DONORS WHAT
REPORTING PRACTICES ARE
TRANSPARENT AND FAIR FOR ALL
INVOLVED.
I HAVE WITH ME AT TODAY TIME A
MINUS FROM ARE THE OFFICE OF THE
ATTORNEY GENERAL HAVE IT A SET
TO SPEAK IN SUPPORT OF THE BILL.
THANK YOU VERY MUCH A FIRST WHEN
HIS PLACE OF THING HI I'M
ANTHONY LIEU OF FULL FROM THE
AG'S OFFICE AND WE JUST.
WANT TO THANK THE CHAIR IN THE
COMMITTEE FOR THE THOROUGH
ANALYSIS OF THE BILL.
WE WANT TO THANK THE AUTHOR FOR
LEADERSHIP ON NONPROFIT ISSUES
AND ALSO FOR PARTNERING WITH US.
ON AB ELEVEN EIGHTY ONE WHICH
SEEKS TO ENSURE TRANSPARENCY AND
ACCURACY.
IN REPORTING OF GIFT IN KIND --
BY CHARITY SUBJECT TO REGULATION
BY THE EIGHTEEN AND A HALF TONYA
HERE TO SPEAK MORE ABOUT THE
THANK YOU NEXT WITNESS PLEASE.
THANK YOU CHAIR AND MEMBERS OF
THE ASSEMBLY COMMITTEE ON
PRIVACY AND CONSUMER PROTECTION.
MY NAME IS TANYA YOU'VE IDEAS
AND I'M THE SENIOR ASSISTANT
ATTORNEY GENERAL IN CHARGE OF
THE CHARITABLE TRUSTS SECTION
WHICH INVESTIGATES AND
PROSECUTES AGAINST CHARITIES.
FOR IMPROPER REPORTING A
MISLEADING SOLICITATION.
THE ATTORNEY GENERAL HAVE YET TO
SET A IS SPONSORING AB. ELEVEN
EIGHTY ONE TO PROMOTE
TRANSPARENCY TO PROTECT DONORS
TO PROMOTE A LEVEL PLAYING FIELD
AMONGST CHARITIES AND TO PREVENT
NONPROFIT ORGANIZATIONS FROM
ARBITRARILY.
AND ECOLOGICALLY USING US PRICES
TO ARTIFICIALLY INFLATE THE
VALUE OF GIFT IN KIND DONATIONS
THAT CANNOT BE USED.
IN THE UNITED STATES BECAUSE OF
DONNA RESTRICTIONS FROM THE
PHARMACEUTICAL COMPANIES.
OUR LAWSUIT IN TWO THOUSAND AND
EIGHTEEN AGAINST THE NATIONAL
CANCER SOCIETY ABOUT COALITION
DEMONSTRATES ON HOW CHARITIES
EFFECTIVELY USE GIFTING BEHIND
VALUATIONS.
USING US PRICES TO ARTIFICIALLY
BUMP UP THEIR REVENUE AND THEIR
PROGRAM SERVICES.
THE NATIONAL CANCER COALITION
WAS ABLE TO INCREASE ITS REVENUE
IN TWO YEARS.
FROM SEPTEMBER TWO THOUSAND AND
TWELVE TO TO TO SEPTEMBER OF TWO
THOUSAND AND FOURTEEN FROM
TWELVE MILLION DOLLARS. TO A
HUNDRED AND FORTY MILLION
DOLLARS USING U. S. PRICES.
THE VAST MAJORITY OF THE
DONATIONS IT RECEIVED UPWARDS OF
8297% FOR PHARMACEUTICALS.
THESE WERE PHARMACEUTICALS THAT
COULD NOT BE USED IN THE UNITED
STATES THEY WERE RESTRICTED BY
THE PHARMACEUTICAL COMPANIES
THEY COULD ONLY BE USED IN
FOREIGN NATIONS.
THE VAST MAJORITY OF THE
PHARMACEUTICALS WENT TO
COUNTRIES SUCH AS NICARAGUA AND
GUATEMALA.
BUT BY USING US PRICES TO VITAL
DIVIDE VALUE EIGHT THESE GIFT IN
KIND DONATIONS.
ARE THE CHARITY WAS ABLE TO TELL
ITS DONORS THAT NINETY SEVEN
POINT 7% OF ALL OF ITS ASSETS
WERE USED TOWARDS ITS CHARITABLE
PROGRAMS.
AND THAT ONLY HALF A PERCENT WAS
USED FOR ITS ADMINISTRATIVE
EXPENSES.
AND LESS THAN 2% WAS USED FOR
FUND RAISING EXPENSES HAD THEY
USED INTERNATIONAL VALUES FOR
THESE DONATIONS.
THE REVENUE THAT WERE THEY
REPORTED AS WELL AS THE PROGRAM
SERVICES THAT THEY REPORTED TO
DONORS WOULD HAVE BEEN LESS THAN
60%.
CALIFORNIA DONORS DONATED
GENEROUSLY TO THIS CHARITY IN
TWO YEARS OVER TWENTY TWO
THOUSAND DONORS IN CALIFORNIA
DONATED HALF A MILLION HALF A
MILLION DOLLARS TO THIS JERRY.
AND DOMESTICALLY THAT CHARITY
ONLY PROVIDED THIRTY THOUSAND
DOLLARS IN PHARMACEUTICALS TO US
RESIDENTS. THIRTY THOUSAND
DOLLARS AND YET THEY WERE ABLE
TO REPORT A HUNDRED AND FORTY
MILLION DOLLARS AND PROGRAM
SERVICES -- AND THE CHARITY
PROVIDED NO SERVICES TO U. S.
CANCER PATIENTS FOR DIRECT
ASSISTANCE MAMMOGRAM OR OTHER.
DIAGNOSTIC TESTING.
AREN'T YOU WILL HEAR -- THAT
THIS -- THAT THE ACCOUNTANTS
THAT ARE OPPOSING THIS BILL --
HAVE GIVEN US VALUABLE FEEDBACK
AND WE WILL CONTINUE TO BE OPEN
TO RECEIVE FEEDBACK.
BASED ON THESE COMMENTS WE HAVE
PROPOSED AMENDMENTS TO ASSEMBLY
MEMBER LEE MONN WHICH ARE BEFORE
YOU DID TODAY WE BELIEVE THAT
THESE AMENDMENTS COVER MOST OF
THE CONCERNS THAT WERE BROUGHT
TO OUR ATTENTION.
AND WHILE MANY OF THE
OPPOSITION'S BELONG TO A COUNTY
MEMBERSHIP GROUPS THAT BELIEVE
THAT THIS BILL SHOULD NOT GO
FORWARD BECAUSE THE FINANCIAL
ACCOUNTING STANDARDS BOARD --
WANTS TO RESEARCH THIS ISSUE TO
SEE IF THERE'S A PROBLEM THIS IS
A REAL PROBLEM.
IT IS EXISTED FOR WELL OVER TEN
YEARS IT IS WIDESPREAD SEVERAL
STATES INCLUDING CALIFORNIA HAVE
SU CHARITIES FOR USING THESE
REPORTING GIMMICKS.
AND THE PROBLEM IN EVALUATING
GIFT IN KIND DONATIONS USING US
PRICES.
IS NOT ONLY OVER VALUE WAITING
THE REVENUE THAT THESE CHARITIES
ARE REPORTING BUT THEIR SERVICE.
AND FAST BE WHICH IS THE
ORGANIZATION THAT PROMOTES RULES
FOR ACCOUNTANTS IS NOT PROMISING
TO FIX THE PROBLEM HERE WHETHER
THERE ARE THERE'S THEY'VE
THEY'VE TOLD YOU AND THEY'RE A
LADDER.
THAT THEY HAVE PUT TOGETHER A
WORKING GROUP TO EVALUATE
WHETHER THERE IS A PROBLEM THAT
NEEDS TO BE FAXED.
DONOR INTENT A DONOR
RESTRICTIONS.
IT'S NOT EVEN MENTION AND FAST
NEWSLETTER -- IS POLICIES LETTER
TO THIS COMMITTEE.
BASICALLY IGNORES DONOR INTACT
AND THAT IS A BIG PROBLEM
BECAUSE IN CALIFORNIA AND IN
OTHER STATE DONOR INTENT MATTERS.
IT IS LEGALLY REQUIRED UNDER
STATUTE AND OUR CASE LAW AND
BECAUSE OF THAT THIS BILL IS
NEEDED.
THANK YOU VERY MUCH ADDITIONAL
SUPPORT [inaudible]
OPPOSITION.
THANK YOU MISTER CHAIR MEMBERS
JIM GROSS ON BEHALF OF THE
CALIFORNIA SOCIETY OF CERTIFIED
PUBLIC ACCOUNTANTS.
FIRST LET ME SAY THAT -- THE
SOCIETY AGREES WITH.
THE GOAL OF THIS BILL WE HAVE NO
DESIRE TO SEE ANY CHARITY MISS
REPRESENT.
THE VALUE OF ANY OF ITS ASSETS
OR TO USE IT'S REPORTING TO
RAISE FUNDS WHEN THE INFORMATION
PROVIDED TO DONORS.
IS INADEQUATE.
THE FUNDAMENTAL ISSUE FOR THE
CPA SOCIETY.
IS THE QUESTION OF WHETHER IT IS
APPROPRIATE. TO CHANGE GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES.
I UNDERSTAND THAT THE ATTORNEY
GENERAL'S OFFICE IS NOT WILLING
TO WAIT UNTIL.
THEORGANIZATIONS ON THE
NATIONAL LEVEL COMPLETE THEIR
PROCESS FOR DETERMINING A
ANOTHER WAY TO DEAL WITH THIS
PROBLEM.
HOWEVER I HAVE REPRESENTED THE
ACCOUNTING PROFESSION FOR OVER
TWENTY YEARS.
AND NEVER HAVE I ENCOUNTERED A
BILL IN THIS LEGISLATURE.
THAT WOULD CHANGE.
GENERAL LEE ACCEPTED ACCOUNTING
PRINCIPLES.
I WOULD TELL YOU THAT IF ANY OF
YOU CALLED YOUR OWN CERTIFIED
PUBLIC ACCOUNTANT.
AND ASKED WHAT DO YOU THINK OF
THE IDEA OF IN A CIRCUMSTANCE
INVOLVING A NONPROFIT THAT YOU
WOULD NOT APPLY GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES.
BUT RATHER A NOTHER FORMULA.
EVERYONE OF THOSE CPA'S WOULD
SAY.
HOW ARE WE GOING TO DEVIATE FROM
GENERALLY ACCEPTED ACCOUNTING
PRINCIPLES WHICH ARE THE BEDROCK
OF WHAT?
CERTIFIED PUBLIC ACCOUNTANTS
USED IN EVERY AUDIT IN EVERY
PREPARATION.
OF TAX RETURNS X. AT REX FEDERAL.
WE HAVE OFFERED AN ALTERNATIVE.
TO THE ATTORNEY GENERAL'S OFFICE
A SEPARATE ALTERNATIVE FROM
WAITING.
FOR ACTION BY FAST BE IN THE
LIKE.
AND THAT IS TO USE OTHER FORMS
OF DISCLOSURE. TO ENSURE THAT
THE POTENTIAL DONORS UNDERSTAND.
THE VALUATION PROCESS.
BUT TO INSTEAD CHANGE GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES
WHICH ARE FRANKLY THE PHYSICS.
OF THE ACCOUNTING PROFESSION.
YOU ARE TAKING A VERY RADICAL
STEP.
THAT WE BELIEVE.
IS CLEARLY A SLIPPERY SELF SLOPE
WHICH WE CAN NEVER AGREE WITH.
SO WE WILL CONTINUE TO WORK WITH
THE AUTHOR.
AND WITH THE ATTORNEY GENERAL'S
OFFICE TO FIND A DIFFERENT WAY
TO ADDRESS THE DISCLOSURE ISSUE
[inaudible]
BUT THE ISSUE OF CHANGING GAP IS
FUNDAMENTALLY UNACCEPTABLE THANK
YOU THANK YOU MATCHING NEXT WHEN
HIS WAYS A SHEPHERD ON BEHALFOF
THE NONPROFIT ALLIANCE
RESPECTFULLY IN OPPOSITION TO
THIS BILL.
EVERY CHARITY IS REQUIRED BY THE
IRS ACCORDANCE WITH GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES
TO VALUE ITS GIFT IN KIND USING
THE SAME ACCOUNTING METHOD ON
THE RETURN INCLUDING THE FORM
NINE NINETY AND ALL SCHEDULES.
TO REPORT REVENUE AND EXPENSES
THAT IS REGULARLY THAT IT
REGULARLY USES TO KEEP ITS BOOKS
AND RECORDS THAT IS PER THE FORM
NINE NINETY INSTRUCTIONS AS OF
TWO THOUSAND EIGHTEEN THE
VARIATION FOR A CALIFORNIA
FINALLY PROPOSED BY ELEVEN
EIGHTY ONE WITH REQUIRE
CHARITIES TO DEVOTE CONSIDERABLE
RESEARCH.
RESOURCES TO RESEARCH AND
RECALCULATE THEIR AUDITED
FINANCIAL STATEMENTS TO COMPLY
WITH A SINGLE STATES READ.
AT RE VERSIONING OF A FAIR
MARKET VALUE DEFINITION.
RESOURCES THAT WOULD OTHERWISE
BE SPENT O IMPACTFUL DELIVERY
OF LIFESAVING MISSIONS WILL
INSTEAD BE USED TO RESEARCH
WHOLE MARKET.
WHOLESALE MARKET VALUES FOR
PRODUCTS THAT HAVE BEEN
DELIVERED TORN ORGANIZATIONS US
LOCATION BUT NOT YET DISTRIBUTED
TO AN END RECIPIENT MARKET AT
THE END OF A CHARITIES FISCAL.
YEAR AND IN SOME CASES SUCH AS
NATURAL DISASTER RECOVERY
WITHOUT PRECISE KNOWLEDGE ON
WHERE THE GOODS WILL BE NEEDED
AND SHIPPED.
THE UNNECESSARY BURDENSOME
REQUIREMENTS OF BY THE BELL --
FOR ACCOUNTING STANDARDS THE
CALIFORNIA'S FILING A
EXPONENTIALLY AND THREATENING TO
CHARITIES RESOURCES -- WHEN WE
CONSIDER WHAT THIS BILL -- COULD
SET -- AND FOR THESE REASONS WE
RESPECTFULLY OPPOSED THEM.
THANK YOU VERY MUCH --
ADDITIONAL -- OPPOSITION.
SEEING AND HEARING NONE OF BACK
TO COMMITTEE -- QUESTION
COMMENTS FROM COMMITTEE MEMBERS.
A MISTER OBERNOLTE.
SO I HAD A QUESTION FOR THE
OPPOSITION -- I THINK THE AUTHOR
IS RAISED A VERY.
A REAL AND TANGIBLE PROBLEM WITH
THAT WERE EXPERIENCING WITH
EVALUATION OF THESE ASSETS --
WITH CHARITIES NOW -- IT AND I
RECOGNIZE THE WHAT YOU'RE SAYING
ABOUT -- GAP PRINCIPLES HOW
WOULD YOU SOLVE THE PROBLEM THEM
IF NOT WHAT SHE'S PROPOSED WELL
I THANK YOU STRUGGLE NOTI
THROUGH THE CHAIR.
THE THE ISSUE IS HOW DO YOU
REFLECT.
A DIFFERENCE BETWEEN.
THE VALUE THAT MAY OCCUR UNDER
GENERALLY ACCEPTED ACCOUNTING
PRINCIPLES AND AS THEY POINT OUT
WHAT THAT PRODUCT MAY BE WORTH.
WHEN IT'S DISTRIBUTED?
IN SOME OTHER PLACE IN THE WORLD
WE HAVE OFFERED SPECIFIC
LANGUAGE THAT WOULD BE USED TO
DISCLOSE THAT WITHOUT DEVIATING
FROM GAP.
THE ATTORNEY GENERAL'S OFFICE
HAS MANY TOOLS AVAILABLE AND CAN
WORK WITH US TO ENSURE THAT THE
CITY TO IS ANOTHER FORMS ARE
FILED WITH THE AG.
AND THE STATE TAX RETURN DOES
ACCURATELY REFLECT THAT.
WITHOUT SAYING BUT DON'T APPLY
GAP AND THAT'S OUR THAT'S OUR
FUNDAMENTAL PROBLEM.
SO WE WILL CONTINUE TO DISCUSS
WITH THEM WAYS.
TO GIVE DONORS AND UNDERSTANDING
OF THAT DIFFERENTIAL BUT IT
DOESN'T HAVE TO BE CHANGING.
ALRIGHT SO THROUGH THE CHAIR OF
THE TO THE ATTORNEY GENERAL'S
OFFICE WHAT WHAT WAS WRONG WITH
THE LANGUAGE THAT WAS PROPOSED.
I CAN JUST SAY FRESNO WE ARE
COMMITTED TO WORKING WITH
OPPOSITION AND TRYING TO FIGURE
THIS OUT WE DID NOT RECEIVE THE
FAX ME A LETTER UNTIL MONDAY
YESTERDAY AT BELIEVE.
PREVIOUS TO THAT WE'VE BEEN
WORKING WITH THE CAL CP GAMES.
ON WHAT I THINK ARE SIMILAR SORT
OF OVERLAPPING CONCERNS BUT NOT --
NOT ENOUGH TIME.
TO GET TO THOSE SO I HOPE THAT
WE'LL BE ABLE TO KEEP MOVING
THIS FOR WITH THAT PASSED THE
LETTER WAS THIS MAY KNOWN TO US
YESTERDAY -- AND THAT BEING SAID
I MEAN WE HAD TO HAVE SOME
SPECIFIC.
RESPONSES ABOUT THAT I WOULD SAY
THAT.
NO WE ARE INTERESTED IN.
PRECLUDING THIS UNDERLYING
REPORTING PROBLEM IN THE FIRST
PLACE INSTEAD OF ALLOWING IT TO
HAPPEN AND THEN PUT AN ASTERISK
ON IT HEY YOU SEE THE LITTLE
DISCLAIMER -- DISCLOSURE ABOUT
IT SO TO THE EXTENT THAT WE CAN
TRY TO WORK THIS OUT.
WE'RE CERTAINLY COMMITTED TO
DOING THAT -- AND I'LL MAIL IT
TIENEN RESPOND MORE SPECIFICALLY
BUT AGAIN WE HAVE A LOT OF
DISCUSSION THAT HAS TO OCCUR.
YOU KNOW AS THE BILL MOVES
FORWARD ON THIS PART I WILL MISS
THE MORE I THINK YOU'VE RAISED A
VERY A REAL ISSUE.
AND I DON'T THINK THAT THESE
CHARITIES OUGHT TO BE VALUE IN
THIS VERY SPECIFIC CLASS OF
ASSET THE WAY THAT THEY ARE --
BUT I DO THINK THE OPPOSITION
ALSO HAS A POINT THAT WE
SHOULDN'T DEVIATE FROM GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES
BECAUSE THAT.
PUTS US IN A SEPARATE CATEGORY
THAN  ENTIRE
COUNTRY WHICH IS VERY
PROBLEMATIC SO I'M GONNA SUPPORT
THE BILL TODAY I'D LIKE TO
ENCOURAGE YOU. TO TRY AND WORK
OUT SOME LANGUAGE THAT STILL
COMPLIES WITH GAP -- IN THE END
AT THE SAME TIME SOLVE YOUR
PROBLEM BECAUSE IT SEEMS LIKE
THERE'S A MIDDLE GROUND HERE.
WE HOPE THAT THERE IS A MIDDLE
GROUND WE'VE IDENTIFIED.
THE ISSUE AT YOU KNOW I I WORK A
LOT WITH NON PROFITS AND MY TAKE
ON THIS IS.
WE HAVE IDENTIFIED AN ISSUE WITH
REPORTING FOR CHARITIES AND WE
JUST DON'T WANT THAT TO BE AN
ISSUE FOR THE NON PROFITS AND WE
THAT THAT MEANS WE HAVE TO HAVE.
SOME UNDERSTANDING OF WHAT'S
REPORTABLE AND HOW IT'S
REPORTABLE AND JUST FOR THOSE
THAT DON'T FOLLOW IT'S AS REAL
SMALL SLIVER -- OF WHAT WE'RE
TALKING ABOUT IN TERMS OF
DONATIONS -- THIS IS NOT ALL
DONATIONS THIS IS HAS TO BE DONE --
SPECIFIC -- SO I I WANT TO MAKE
THAT CLEAR THIS IS A SMALL
PROBLEM ON A SMALL SLIVER BUT
BIG ENOUGH PROBLEM FOR US TO SAY
WE DON'T WANT NONPROFITS TO HAVE.
TO DEAL WITH IT YOU KNOW
ATTORNEY GENERAL AND COMPLIANCE
ISSUES AND SO THAT'S IMPORTANT
FOR US AND THAT'S WHERE WE'RE
COMING FROM AND CERTAINLY WE
WILL CONTINUE THE CONVERSATION
WITH OPPOSITION.
THANK YOU VERY MUCH I HAVE TWO
QUESTIONS ALSO BUT I THINK THE
FIRST QUESTION HAS BEEN ANSWERED
PARTIALLY BY BY THE OPPOSITION.
AND THE ORIGINAL QUESTION WAS
WHETHER OR NOT IT REALLY -- WAS
REALLY DOT BURDENSOME TO LET'S
SAY GO FROM GAP TOO FAST BE FOR
EXAMPLE AND YOU KNOW --
OBVIOUSLY YOU KNOW -- YOU KNOW
SUBJECTING MYSELF TO TWO
DIFFERENT REGULATORY ACCOUNTING.
METHODS WOULD BE PUT IN SOME I
MEAN NO DOUBT ABOUT THAT AND THE
QUESTION ORIGINALLY WAS WHETHER
OR NOT IT'S DOABLE.
YOU KNOW FOR YOU KNOW FOR FOR
YOU FOLKS TO BASICALLY GO FROM
ONE SYSTEM TO ANOTHER FROM YOUR
CAP TOO FAST BE.
SUE BUT IF THERE'S A MIDDLE
GROUND THAT WOULD BE -- YOU KNOW
ACCEPTABLE TO BOTH PARTIES I
THINK YOU KNOW THAT WOULD BE THE
SOLUTION BUT I DO ACKNOWLEDGE
THAT -- WE DO HAVE A REAL
PROBLEM AND YOU HAVE JUST DONE
HEARING FROM FROM THE AG'S
OFFICE OF OF ALL THE EXAMPLES
THAT WE WILL BE CITED I THINK
YOU KNOW WE DO HAVE A REAL
PROBLEM.
AND DOT I DO HAVE A QUESTION FOR
THE AG'S OFFICE THEY'LL.
KNOW THE BILL BASICALLY REQUIRES
THE VALUATION TO TAKE PLACE AT
THE DESTINATION OF THE LET'S SAY
THE DONATION -- N. OR AT THE
TIME OF THE RECEIPT SO THE
QUESTION IS IF.
IF THAT IS THE CASE THEN
WOULDN'T YOU ALSO BE CREATING
SOME SOMEWHAT OF A VARIATION.
IN THE VALUATION PROCESS ITSELF
BECAUSE YOU KNOW THE VALUATION --
COULD FLUCTUATE FROM ONE COUNTRY
TO ANOTHER SO YOU DON'T HAVE ANY
CONSISTENCY THROUGHOUT --
THROUGHOUT THAT PROCESS SO SOME
WONDERING IF THAT'S AN ISSUE BUT
I THINK COMPARED.
TO COMPARED TO THE CURRENT
SYSTEM I THINK IS STILL BETTER
BUT YET I'M JUST KIND OF CURIOUS
TO SEE WHETHER OR NOT THAT'S AN
ISSUE.
ARE YOU KNOW WHEN IT COMES TO TO
THE VALUATION OF THE DONATION
ITSELF WELL WHITE SOME CHARITIES
I MEAN THE BILL WOULD REQUIRE
CHARITIES THAT ACCEPT RESTRICTED
DONATIONS IT CANNOT BE USED IN
THE UNITED STATES TO DO SOME
ADDITIONAL HOMEWORK. TO EVALUATE
THE FAIR MARKET VALUE OF THE
GIFT -- THEY'RE ALREADY DOING
THIS.
WITH THEIR ACCOUNTANTS WHEN
THEY'RE FILING THE IRS -- FORM --
NINE NINETY THE ACCOUNTS AND THE
CHARITIES HAVE TO FIGURE OUT
WHAT ASSETS ARE RESTRICTED WHAT
ARE TEMPORARY RESTRICTED AND
WATER PERMANENTLY RESTRICTED SO
THIS HOME WORK CAN BE DONE ALSO
DONATIONS THAT ARE NOT APPROVED
BY THE FDA.
THEY CAN'T USE US PRICES FOR
THOSE DONATIONS SO THEY'VE HAD
TO FIGURE OUT WHAT IS THE FAIR
MARKET VALUE THE WAY THINGS
STAND RIGHT NOW WITH FAST BE.
IS THAT THEY GET TO USE THE BEST.
PRICE THE BEST PRICE.
OF AVAILABLE FOR THE DRUG AND
THEY GET TO USE US PRICES EVEN
THOUGH THEY KNOW AT THE TIME
THEY GET THE DONATION OR SHORTLY
THERE AFTER THAT IT'S GONNA GO
TO KENYA.
AND SO THIS IS RESULTED IN
UNBELIEVABLY RIDICULOUS RESULTS
WERE CHARITIES ARE BASICALLY
INCREASING THE PRICES OF
DONATIONS. 81000%.
I MEAN THAT'S JUST ABSURD AND IF
THIS WAS A MUTUAL FUND.
YOU WOULD GO CRAZY RIGHT IF IF
YOUR MUTUAL FUND ADVISORS COULD
INCREASE.
THE VALUE OF THEIR FUNDS AND YET
CHARITIES ARE DOING THIS TIME
AFTER TIME BECAUSE FAST BE HAS
NOT ACTED AND FAST BE THUS FAR
DOES NOT CONSIDER DONOR
RESTRICTIONS.
AND SO CAN IT BE DONE YES IT CAN
BE DONE WILL IT REQUIRE WORK YES
IT WILL BE RE REQUIRE WORK BUT
IT CAN BE DONE.
AND IT WILL PROMOTE A LEVEL
PLAYING FIELD FOR CHARITIES THAT
ARE PUT ACCEPTING PREDOMINATELY
CASH DONATIONS.
THESE CHARITIES CAN'T COMPETE
WITH DONATIONS LIKE SOME OF
THESE CHARITIES ARE GETTING
WORRIED ALMOST ALL
PHARMACEUTICALS THERE'S NO
COMPETITION.
I THINK YOU'RE A MAJOR.
ARM ARE THERE ANY ADDITIONAL
QUESTIONS OR COMMENTS SO.
CAN I HAVE A MOTION.
BUILT IN MOVED AND SECONDED THE
MOTION IS TO PASSED AS AMENDED
TO APPROPRIATIONS A WOULD YOU
LIKE TO CLOSE THEIR STEADFAST
FRIEND AYE.
THANK YOU VERY MUCH A MADAM
SECRETARY PLEASE CALL THE ROLL.
SAU HI SO I KILEY.
KILEY I'VE BAUER-KAHAN
BAUER-KAHAN I BERMAN.
CALDERON.
CALDERON HI GABRIEL.
GABRIEL I GALLAGHER.
GALLAGHER I IRWIN.
IRWIN OBERNOLTE.
OBERNOLTE AYE SMITH.
SMITH HI WEEKS.
WICKS I AND OF THE BILLS OUT.
TEN ZERO ON TOP RACES TO MISTER
MERRETT SHOOTS SHE ITEM NUMBER
TWENTY AND THAT'S BILL NUMBER.
TWELVE EIGHTY SIX WELCOME --
ANYTIME YOU'RE READY YOU MAY
BEGIN THANK YOU MISTER CHAIR I
UNDERSTAND THAT I STAND BETWEEN
YOU AND DINNER AND SO I'LL TRY
TO KEEP.
BRIEF -- THE I BELIEVE THIS IS
YOUR YOUR LAST BILL THE DAY --
ONE MORE ONE MORE OKAY MORAL
KEEP IT EVE EVEN MORE CONCISE.
I'M HERE TO PRESENT TO ASSEMBLY
BILL TWELVE ONE TWELVE EIGHTY
SIX THIS IS MY EASE SCOOTERS AND
SHARED MOBILITY DEVICES BILL.
THE GOALS OF THIS BILL OUR
PUBLIC SAFETY AND CONSUMER
PROTECTION.
WE'VE SEEN THE SCOOTERS AND
BIKES -- HERE IN SACRAMENTO AS
WELL AS PERHAPS IN OUR DISTRICTS --
THEY CAN BE AS WE KNOW FUND
AFFORDABLE AND ECO FRIENDLY WAYS
TO GET AROUND.
HOWEVER WITH ANY NEW INNOVATION
PROP INNOVATIVE PRODUCT OR
SERVICE WE NEED TO MAKE SURE
THAT IT'S SAFE FOR BOTH USERS
AND PEDESTRIANS WITH BASIC
CONSUMER PROTECTIONS.
THIS BILL -- WOULD REQUIRE THREE
BASIC -- ITEMS ONE THAT CITIES
AND COUNTIES ADOPTED SAFETY
RULES BEFORE THESE PRODUCTS CAN
BE ROLLED OUT IN THEIR
COMMUNITIES. TO MINIMUM
INSURANCE TO PROTECT BOTH
WRITERS AS WELL AS THIRD PARTIES.
AND THREE A PROHIBITION ON
WAIVERS OF LEGAL RIGHTS.
OF BEFORE I PROCEED ANY FURTHER
I WOULD LIKE TO THANK YOUR
COMMITTEE STAFF. FOR WORKING
WITH MY OFFICE ON THIS BILL I
ACCEPT THE AMENDMENTS AND NOTED
ON PAGES SIX SEVEN AND EIGHT OF
THE COMMITTEE ANALYSIS.
I WILL FURTHER LIKE TO EMPHASIZE
THAT -- WE HAVE BEEN ACTIVELY --
ENGAGED IN CONVERSATIONS WITH
THE OPPONENTS OF THIS BILL.
AND AS A RESULT OF THOSE
CONVERSATIONS NUMBER ONE WE HAVE
AGREED TO REMOVE THE ARBITRATION
PROVISION.
OF THE BILL -- THAT -- IT IT IS
MY UNDERSTANDING THAT WITH THAT
REMOVAL OF THE ARBITRATION
PROVISION HAT -- THE THE
CHAMBER OF COMMERCE OVER ROOM
REMOVING THIS BILL FROM THEIR
JOB KILLER LIST -- TOO I AM
COMMITTED TO CONTINUE TO WORK ON
THE THE THE CONCERNS THAT I'VE
HEARD FROM SOME OF THE MEMBERS
OF THIS COMMITTEE AS IT RELATES.
TO USE OR CONDUCT THAT THAT THE
CONDUCT OF THOSE THAT ARE USING
THE SHARED MOBILITY DEVICES IT
IS CERTAINLY NOT MY INTENT.
THAT.
THAT THE PROVIDERS COVER -- YOU
KNOW FOR THE LIABILITY BECAUSE
BY DRUNK AND RECKLESS AND OR
RECKLESS DRIVERS AND SO -- WE
WILL BE -- CLARIFYING THE THEY
THE LANGUAGE TAKING AMENDMENTS
WORKING WITH THE OPPOSITION TO
ENSURE.
THAT -- THIS BILL REFLECTS MY
INTENT LAST BUT CERTAINLY NOT
LEAST I'VE HEARD SOME CONCERNS
ABOUT THE AMOUNT OF THE MINIMUM
LIABILITY INSURANCE -- THAT
THOSE AMOUNTS ARE SUBJECT TO ON
GOING -- CONVERSATIONS IN
NEGOTIATIONS THAT WERE HAVING
BUT BOTTOM LINE IS THAT I'M
ENGAGED AND CONVERSATIONS WITH
THE OPPOSITION TO ADDRESS THE
CONCERNS TO ENSURE.
THE BASIC GOALS OF PUBLIC SAFETY
AND CONSUMER PROTECTION I'M HERE
WITH THE THE CONSUMER ATTORNEYS
OF CALIFORNIA WHO ARE THE
SPONSORS OF THIS BILL.
THANK YOU VERY MUCH OUR FIRST
WITNESS PLEASE [inaudible]
THE GOOD AFTERNOON.
MY NAME IS LAWRENCE RUSSO AND I
LIVE IN SAN FRANCISCO.
I'M HERE TODAY TO URGE YOUR
SUPPORT OF AB.
TWELVE EIGHTY SIX I WAS IN SAN
DIEGO IN OCTOBER AFTER
COMPLETING THE THREE HUNDRED
MILE BIKE RIDE FROM SANTA
BARBARA.
IN SUPPORT OF THE CALIFORNIA
BICYCLE COALITION.
AFTER THE RIDE UP I DECIDED TO
REMAIN IN SAN SAN DIEGO FOR A
FEW DAYS.
AND VISIT THE NAYS NAVAL BASE AS
I AM.
A NAVAL VETERAN MYSELF.
I WAS GOING TO TAKE THE TROLLEY
TO THE BASE.
WHEN I LEARNED THAT?
IT WAS QUITE A WALK TO THE
TROLLEY LINE.
I DECIDE TO GRAB MY HELMET AND
SET UP TO RENT A BIRD SCOOTER.
TO GET TO THE TROLLEY STATION.
I RENTED TO BIRD SCOOTERS THE
PREVIOUS DAY.
WAS SO I WAS FAMILIAR WITH.
THEIR OPERATION.
WHILE ON THE SCOOTER.
I BEGAN TO DESCEND THE HILL.
WHICH BECAME A LITTLE STEEP.
WHAT I APPLIED THE BRAKES?
THEY DIDN'T WORK.
THE BRAKES FAILED.
IMMEDIATELY I ASK MYSELF WHAT
SHOULD I DO. ONE THING THAT CAME
TO MIND WAS DRIVING.
OR RIDING OVER SOMEONE'S
DRIVEWAY AND HOPE I CAN GO OVER
THE RETAINING WALL.
THEN I LOOKED DOWN AT THE BOTTOM
OF THE HILL AND I SAW THAT THE
ROAD COMING IN FROM THE RIGHT
WAS.
IN THE SENDING ONE SO I THOUGHT
MAYBE I CAN MAKE IT TO THE
BOTTOM AND AND CLIMB UP THAT
HILL TO SLOW DOWN.
I DON'T REMEMBER ANYTHING AFTER
THAT.
I BLACKED OUT AND I ENDED UP IN
THE EMERGENCY ROOM IT.
UCSD [inaudible]
OUR WITH DOCTOR.
EMERGENCY ROOM ASKING ME.
A COUPLE QUESTIONS DILLON NO MY
NAME.
IN MY BIRTHDATE.
HE THEN INFORMED ME THAT THE
TEAM WANTED TO TAKE ME TO THE
ARE -- THE CLEAN UP MY WOUNDS HE
HAS ALSO ASKED ME IF I WOULD
AGREE TO DONATE MY ORGANS -- IF
I CAN COME OUT OF IT.
OKAY.
SO ANOTHER STRESSFUL MOMENT IN
AFTER THE EMERGENCY THE
AMBULANCE IT HAD GOT ME THERE --
DUE TO THE BRAKE FAILURE I
SUFFERED A CONCUSSION.
RATHER SERIOUS ONE EVEN THOUGH I
HAD MY HELMET ON AND FASTENED.
SOME POSTTRAUMATIC STRESS.
ROAD RASH BURNS ON THE BACKS OF
MY HANDS ON MY KNEES AND MY
ELBOWS.
EXPOSED TEN TENDONS IN MY LEFT
HAND.
AND THE REQUIRED STITCHES ON MY
RIGHT ELBOW AND ALSO ON MY LEFT
HAND.
I WAS IN THE HOSPITAL FOR TWO
AND A HALF DAYS AND STILL HAVE
SOME RECURRING PAIN.
MOSTLY IN THE FORM OF HEADACHES
AND COGNITIVE ISSUES
[inaudible]
THESE SCOOTERS.
MAY PROVIDE AN ALTERNATIVE
TRANSPORTATION OPTION.
BUT THEY NEED TO BE WELL
MAINTAINED.
SO THAT RIDERS CAN BE SAFE
[inaudible]
IMAGINE.
YOURSELF RENTING A CAR AND
DRIVING DOWN HILL ONLY TO FIND
THAT THE BRAKES WEREN'T WORKING.
SO YOU PLOW INTO A CAR IN FRONT
OF YOU OR TAKE A ONLY CHILD
CROSSING THE BOTTOM OF THE HILL.
THAT CAN ALSO WOULD WOULDN'T YOU
GO AFTER THE THE MANUFACTURE THE
AUTOMOBILE OR THE RENTA AGENCY.
THE STATE HAS AN OBLIGATION TO
MAKE SURE MINIMUM SAFETY AND IN.
CHARGE PROTECTIONS ARE IN PLACE.
AB TWELVE EIGHTY SIX DOES THIS
AND I URGE YOUR SUPPORT.
THANK YOU VERY MUCH THANK YOU
NEXT WITNESS PLEASE PREFERRED ON
PAST PRESENT IN THE CONSUMER
ATTORNEYS OF CALIFORNIA I THANK
YOU VERY MUCH MISTER CHAIRMAN
AND THE AUTHOR FOR BRINGING THIS
VERY IMPORTANT -- NEW TECHNOLOGY
TO BE EXAMINED WITHIN THIS
COMMITTEE AND WITHIN THE
LEGISLATURE.
THIS HARKENS BACK A LITTLE BIT
TO UBER AND LEFT WHEN THEY
SUDDENLY.
CLUSTER BOMB THE CITIES AND THEN
WE WERE LEFT TO TRY TO REGULATE
AND PROTECT CONSUMERS AFTERWARDS.
THE EAST GOODERS ARE EVERYWHERE.
AND CURRENTLY THEY HAVE NO
INSURANCE THAT IS ON THEM SHOULD
SOMEONE USING THE EAST GIRDER
SCOOTER RUN INTO A BLIND PERSON.
AUSTRIAN -- SOMEHOW INVOLVE
THEMSELVES IN AN ACCIDENT WHERE
SOMEONE IS HARMED.
ADDITIONALLY THERE IS NO
PROTECTION FOR PERSONS LIKE THE
WITNESS THAT YOU JUST HEARD.
SHOULD THEY HAVE A DEFECT IN
THEM OR SHOULD THEY FAIL TO
OPERATE APPROPRIATELY.
IN MANY INSTANCES THEIR
MAINTENANCE PROGRAM IS PAYING
SOMEONE ELSE FIVE DOLLARS A
NIGHT TO PICK THEM UP TAKE THEM
HOME PLUG THE MAN IN CHARGE THEM.
SO THERE ISN'T ANY TYPE OF
MOTIVATION FOR THEM LEGALLY TO
MAKE SURE THAT THEIR PRODUCTS
ARE WELL MAINTAINED AND ARE SAFE
FOR CONSUMERS.
IN READING THE OPPOSITION I'VE
SEEN WHERE THEIR CONCERNS RAISED
ABOUT HOW THIS WILL STIFLE NEW
TECHNOLOGY WELL THAT'S SOMETHING
WE HEARD DURING THE UBER AND
LIFT DISCUSSIONS AS WELL.
I CAN TELL YOU THAT THE CITY AND
COUNTY OF SAN FRANCISCO HAS THE
MOST RIGOROUS PROGRAM WHICH DOES
REQUIRE FIVE MILLION DOLLARS
WORTH OF INSURANCE ON BEHALF OF
THE COMPANY.
IN THEY HAD NUMEROUS APPLICANTS
TO RECEIVE TWO SLOTS THAT WERE
AVAILABLE INCLUDING THOSE WHO
ARE NOW -- COMPLAINING ABOUT
THIS LEGISLATION.
SO THE ISSUE OF INSURANCE IS NOT
GOING TO STYMIE THE INNOVATION
OR THE PRESENCE OF THESE ITEMS
ON THE STREET.
ANOTHER GRAVE CONCERN IS WITHIN
THESE CLICKING ACCEPT AGREEMENTS.
ASSUMPTION OF THE RISK.
AND I READ ONE OF THE OUR
OPPONENTS SAYING THIS IS A FUN
NEW ATHLETIC TYPE OF SPORT.
AND ASSUMPTION OF THE RISK IS A
LOT LIKE PLAYING IN FOOTBALL OR
OTHER ACTIVITIES OF THE TYPE.
WELL SIMILAR TO THE ANALOGY JUST
MADE.
IF YOU RENT A CONVERTIBLE IT
MIGHT BE FUN WITH THE WIND
BLOWING THROUGH YOUR HAIR AND
YOU MAY ENJOY THE DRIVE.
BUT IT DOESN'T MEAN YOU SHOULD
ASSUME THE REST OF THAT CAR IS
GOING TO LOSE ITS WHEELING
YOU'RE GOING TO DRIVE OFF THE
EDGE OF THE PACIFIC COAST
HIGHWAY.
BECAUSE IT PROVIDES YOU WITH AN
ENJOYABLE BENEFIT.
THE OTHER THING IS A RELEASE AND
WAIVER OF LIABILITY AND THAT
WOULD INCLUDE THE MANUFACTURER
WHO MAY MAKE A DEFECTIVE PRODUCT
OF THE FALLS APART OR BRAKE
FAILURE.
SO THE TECHNOLOGY IS BENEFICIAL
THE IDEA IS GOOD.
IT MUST HOWEVER BE REGULATED TO
PROTECT THE CONSUMERS IT CAN'T
MERELY BE.
A RELEASE ON TO THE STREET A
COLLECTION OF REVENUE BUT NO
RESPONSIBILITY FOR THE THE
IMPACTS THAT THESE HAVE ON
SOCIETY WITH THE PRODUCTS
BECAUSE WHEN MOST PEOPLE GET
INJURED IF THEY'RE PEDESTRIANS
ARE AT CETERA.
THAT FALLS UPON THE CITIES THE
COUNTIES IN THE STATE TO PAY
THEIR MEDICAL BILLS.
SO THAT SHOULD BE REFLECTED
WITHIN THE INSURANCE SO THAT IT
CAN BE SPREAD AMONGST ALL OF THE
USERS AT A FRACTION OF A PENNY
PER RIDE.
RATHER THAN PERHAPS HAVING --
MEDI CAL PICK UP A HALF MILLION
DOLLAR BILL.
I THANK YOU VERY MUCH ENCOURAGE
THAT YOU OF BOTH THIS OUT AND I
DO KNOW THAT WE ARE WORKING
ACTIVELY WITH ALL OF THE
CONCERNS STAKEHOLDERS TO TAKE
INTO CONSIDERATION SORENSON TO
MAKE GREAT PROGRESS.
SO FAR AND I BELIEVE WILL
CONTINUE TO DO SO IF GIVEN THE
OPPORTUNITY BY THIS COMMITTEE.
THANK YOU VERY MUCH A ADDITIONAL
SUPPORTERS.
A GOOD AFTERNOON -- CHAIR
MEMBERS OF THE COMMITTEE RUNNING
VIDEO HERE ON BEHALF OF THE
CALIFORNIA CITIES -- FIRST
WATCHED WANTED THANK -- THE
AUTHOR THE SPONSORS -- AND THE
COMMITTEE FOR WORKING VERY
CLOSELY WITH US ON ADDRESSING
SOME OF THE ISSUES WE HAD WE
WERE SUPPORTING CONCEPT.
A BILL WITH THE OTHERS AGREEMENT --
TO EXCEPT A AMENDMENTS ON PAGE
EIGHT OF THE ANALYSIS THAT WE
ARE MOVING TO A FULL SUPPORT
POSITION WE THINK THAT THE
PROVISIONS IN THIS BILL ARE
CONSISTENT WITH A LOT OF THE
REQUIREMENTS READY.
A REQUIRED BY CITIES COUNTIES
THROUGHOUT THE STATE -- AND THEN
IT ALSO RESEARCH OUR LOCAL
AUTHORITY -- IN ENSURING THAT WE
CAN CONTINUE TO REGULATE THESE
DEVICES AND ENSURE THE PROPER
SAFETY SO -- WITH THAT -- WE ASK
FOR YOUR SUPPORT THANK YOU MATCH
NEXT PLACE.
RICHARD HOLBROOKE CONSUMER
FEDERATION OF CALIFORNIANS
SUPPORT THANK YOU MATCH NEXT
PLEASE.
MR CHECKER CHILD DISABILITY
RIGHTS CALIFORNIA AS YOU MIGHT
IMAGINE THE SCHOLARS POSE AN
INCREDIBLE -- OBSTACLE COURSE
FOR PERSONS WITH -- BOTH
PHYSICAL AND SENSORY
DISABILITIES IN TRYING TO
MANEUVER AROUND THE STREETS AND
IN FACT WE HAD TO RECENTLY FILE
AN ADA CLAIMED AND CITY OF SAN
DIEGO FOR THE VERY REASON THAT
THEY DIDN'T STEP UP. TO REGULATE
THE THESE SCOOTERS AND AND WE
SHOULDN'T HAVE TO DO THAT IN
EVERY JURISDICTION IN THIS BILL
WILL HELP US WITH THAT THANK YOU
THANK YOU MATCH.
OF HIS ASIAN PLACE [inaudible]
COMFORT.
GET TO SEE ME ALL DAY TODAY --
SO MISTER CHAIR MEMBERS CORY
JOHNSON WITH TECH THAT -- WE
APPRECIATE THE AUTHOR AT
ACKNOWLEDGING SOME OF THE ISSUES
THAT WE HAVE WITH THE BILL AND
WE STILL HAVE MAJOR CONCERNS --
SO MY CRIMINAL BILLY DEE
SERVICES OFFER AND I'M MORE
AFFORDABLE AND MORE CONVENIENT
AND GREENER MODE OF
TRANSPORTATION THAT IS AN OPTION --
TO REDUCE CAR AND PUBLIC
TRANSPORTATION CONGESTION AND
WE'RE REALLY WORRIED ABOUT THE
PROVISIONS OF THIS BILL THAT IT
WELL I'M REALLY THREATEN THE
DEPLOYMENT OF THIS NEW
TECHNOLOGY SO GETTING INTO THE
HEART OF THE BILL AND THE
INSURANCE REQUIREMENTS WILL
START THERE.
THE BILL REQUIRES A STAGGERING
MINIMUM OF FIVE MILLION DOLLARS
pTHAT WHICH IS FAR IN EXCESS OF
WHAT CITIES AROUND THE WORLD
INCLUDING CALIFORNIA CURRENTLY
REQUIRE THE BILL WOULD ALSO
REQUIRE THE IT INDUSTRY TO
MAINTAIN INSURANCE COVERAGE ON
BEHALF OF THE USER WHICH IS
APPLE CALL PEOPLE TO FIRST PARTY
INJURIES AND THIRD PARTY
NEGLIGENCE.
THIS IS THE THE USER OR CONTACT
ISSUE THAT THE AUTHOR IS TALKING
ABOUT SO JUST AS AN EXAMPLE I
TAKE A SCOOTER I RUN A SCOOTER --
I PICK IT UP AND HIT SOMEBODY
OVER THE HEAD WITH IT THIS GOOD
OUR COMPANY THAT IRAQ.
RENTED THAT FROM WOULD BE LIABLE
FOR MY CONDUCT AND THAT'S JUST
YOU KNOW SOMETHING THAT WERE NOT
IN CONTROL OF THAT CONDUCT --
SHOULD WE BE HELD LIABLE FOR
THAT -- THAT ACTUALLY MAKES IT
SO THAT PEOPLE HAVE YOU KNOW NO
INCENTIVE TO NOT DO BAD THINGS
WHEN THEY'RE RENTING THE IS I'M
DO WE REALLY WANT TO ALLOW THAT
ARE.
YOU KNOW PROVIDE INCENTIVES TO
DO THAT DESPITE THE COMPARISONS
MADE BY THE BILL'S SPONSOR AND
REFLECT IN THE ANNOUNCED IT IS
IT IS NOT ACCURATE SUGGEST THAT
THE INDUSTRY IS REQUIRED IN ANY
MARKET ANYWHERE TO MAINTAIN THIS
TYPE OF INSURANCE -- WE AGREE
THAT THERE SHOULD BE A
REASONABLE UNIFORM STANDARD WHEN
IT COMES TO INSURANCE -- BUT WE
HAVE YOU KNOW WANT TO MAKE VERY
CLEAR THAT THE WHAT'S CURRENTLY
IN THE BILL AND IS NOT WORKABLE --
YOU KNOW THERE IS AN AB
REFERENCE IN THE ANALYSIS THAT
COULD BANKRUPT COMPANIES -- AND
SO I APPRECIATE WORKING WITH THE
AUTHOR AS WE MOVE FORWARD ON ON
THIS BILL AND THE BILL ALSO
PROPOSES REMOVING A COMPANIES
RIGHT TO INCLUDE WAIVER RELEASE
PROVISIONS IN THEIR USER
AGREEMENTS WHICH ARE STANDARD
CLAUSES DESIGNED TO PROTECT
COMPANIES FROM LIABILITY. FOR
INCIDENTS BECAUSE THROUGH NO
FAULT OF THEIR OWN THERE IS NO
REASON WHY SHARED M BUILT
MICRA MOBILITY SHOULD BE SINGLED
OUT AMONG INDUSTRIES IN
CALIFORNIA FOR SUCH LIMITATIONS
ON THEIR FREEDOM OF CONTRACT.
FINALLY A LOCAL CONTROL -- SO
THE BILL YOUR SERVICE LOCAL
CONTROL BY PROHIBITING PILOTS
ARE OFFERING THESE SERVICES TO
BECAUSE CUSTOMERS BEFORE A
DETAILED ORDINANCES ESTABLISHED.
THIS RESTRICTION IS SIMPLY DOES
NOT REFLECT THE APPROACH THAT
SOME CALIFORNIA CITIES HAVE
TAKEN AND MAY PREFER IT ALSO
DOES NOT REFLECT THAT THERE ARE
SOME BIG CITIES CAN THAT CAN YOU
KNOW HAVE THE MANPOWER TO DO
THESE ORDINANCES AND OTHERS MAY
WANT TO DO A PILOT PROGRAM FIRST.
AND YOU KNOW FIGURE IT OUT AND
THEN MAKE SURE THAT THEY HAVE
THE STAFF TO TAKE ON AN WHOLE
ORDINANCE TO WORK THROUGH THAT
PROCESS.
AND SO WE BELIEVE THIS BILL WILL
SEVERELY LIMIT ACCESS TO THIS
NECK NEW TECHNOLOGY IN
CALIFORNIA WOULD DENY CALIFORNIA
FROM ADOPTING A RAIDER WAY TO
REDUCE CARBON EMISSIONS -- IT
WOULD ROB A TRANSPORTATION
OPTION FOR CALIFORNIANS AND A
NICE CITIES -- THAT JOB AND
GROWTH CREATING BENEFITS OF
EXPANDING ACCESS TO TRANSIT SO
WE ASK FOR KNOW ABOUT THANK YOU.
OUR NEXT WITNESS IN OPPOSITION
PLACE.
HI SERRA BRUTE WITH CAL CHAMBER --
JUST TO CONFIRM WE'RE THANKFUL
FOR THE AMENDMENTS ADDRESSING
ARBITRATION AND WHEN THOSE ARE
IN PRINT WE WILL BE REMOVING OUR
JOB KILLER LABEL BUT FOR THE
REASONS STATED BY -- MY
COLLEAGUE FROM TECH THAT -- WE
DO REMAIN OPPOSED TO THIS BILL
THANK YOU THANK YOU NEXT PLEASE.
MY CLUB IS DIEM ON BEHALF OF
UBER -- WE REMAIN OPPOSED TO THE
BILL I REALLY APPRECIATE THE OFF
AUTHORS EFFORTS.
TO RESOLVE SOME OF OUR CONCERNS --
AND WILL FOR TO WORKING WITH HIM
TO THE BILL BEFORE THANK YOU
THANK YOU NEXT PLACE.
ALICIA PRIEGO ON BEHALF OF BIRD
IN OPPOSITION AND ALIGN OUR I'M
OPPOSITION WITH TECHNET BUT DO
LOOK FORWARD TO WORKING WITH
THAT AUTHOR ON CHANGES TO THE
BILL.
THANK YOU NEXT PLACE.
GREY CAM ON THE OTHER LINE JUST
ALIGN MYSELF WITH EVERYBODY ELSE
OPPOSE THE BILL IN PRINT
APPRECIATE THE AUTHOR'S ABILITY
TO WORK WITH US AND HELPING TO
WORK ON SOMETHING THE FUTURE
THANK YOU.
THANK YOU MUCH OUR QUESTIONS
COMMENTS FROM COMMUTE MISTER ON
BERMAN.
THANK YOU MISTER CHAIR -- THANK
YOU EMERGENCY FOR BRING THIS
BILL FOR IT I IF IF THIS BILL OR
IN ITS FINAL FORM ON THE FLOOR
I'D I'D DEFINITELY BE HARD NO
VOTE -- BUT I APPRECIATE THE
COMMENTS THAT YOU MADE IN YOUR
INTRODUCTORY COMMENTS I THINK
THAT THE SCENARIO THAT THE
WITNESS LAID OUT IS IS A
TERRIFYING -- ONE AND ONE THAT'S
TOTALLY LEGITIMATE TO ADDRESS I
THINK THIS BILL GOES WAY BEYOND
THAT -- THE LIABILITY THE
INSURANCE -- COMPONENTS THE THE
LEVEL OF INSURANCE AND AND THE
SCOPE A LIABILITY IN A THIRD
PARTY LIABILITY I THINK IS IS
PRETTY UNNECESSARY AND SO -- I'D
REALLY ENCOURAGE YOU TO TO JERRY
I KNOW THAT YOU WILL BECAUSE I
KNOW YOU -- KEEP ON WORKING WITH --
THE FOLKS OF CONCERNS ABOUT THE
BILL.
HAPPY TO SUPPORT TODAY BECAUSE I
THINK -- BEEN PLEASED TO SEE THE
MOVEMENT THAT'S OCCURRED -- YOU
KNOW TODAY AND IN OF THE LAST
COUPLE OF DAYS BUT JUST REALLY
WANT TO ENCOURAGE YOU TO KEEP ON
WORKING WITH FOLKS WHO HAVE
CONCERNS BECAUSE I SHARE --
BUNCH THE CONCERNS THAT THEY'VE
RAISED THANK YOU VERY MUCH IT IT
JUST WORK REAL QUICKLY -- AS
CHAIR THE FIVE MILLION DOLLAR
LIABILITY FIGURE COMES FROM SAN
FRANCISCO SAN FRANCISCO YES SO
IT'S NOT UNPRECEDENTED SO BUT
BUT YES WE ARE FULLY COMMITTED.
TO TO HAVING THE CONVERSATIONS --
TO ADDRESS THE CONCERNS RAISED
BY THE STAKEHOLDER I I
APPRECIATE THAT THE STAFF
ANALYSIS SEEMS INDICATE THAT
FIVE MILLION A SANTA MONICA AND
LOS ANGELES IN THAT SAN
FRANCISCO IS TWO MILLION PER
OCCURRENCE WITH A FOUR MILLION
DOLLARS AGGREGATE -- SO I JUST
MAKE SURE TO KEEP IN MIND THAT --
THERE AND I NOW KNOW WHICH ONE
IS RIGHT BUT YEAH I THINK THAT A
LOT OF THE CITIES YOU KNOW
OBVIOUSLY THERE'S A RANGE.
DON'T BE ON THE FAR END OF THE
RANGE BECAUSE I WON'T BE ON THE
FRONT OF THE RANGE.
BRIDGET THANK YOU FOR YOUR
COMMENTS THANK YOU MESS UP
BAUER-KAHAN.
THANK YOU I'M AND I JUST WANNA
ECHO A COUPLE THINGS ALSO IN THE
LIABILITY INSURANCE WE REQUIRE
LESS THAN A HUNDRED THOUSAND
DOLLARS ON A CAR AND LAST I
CHECKED THE CAR CAN DO.
SIGNIFICANT DAMAGE TO THE SAME
SORT OF OUT OF SCOPE OF WHAT WE
REQUIRE IN OTHER INDUSTRIES I'M
GLAD TO HEAR YOU WORK ON IT I
WANT TO THANK YOU I MEAN CLEARLY
YOU'RE WORKING HARD WITH THE
OPPOSITION AND WITH OTHERS. TO
GET TO A PLACE WHERE THIS BILL
IS IN A BETTER PLACE I'M A
LITTLE BIT PERPLEXED BY THIS
DISCUSSION AROUND MY ABILITY
BECAUSE AS I LISTEN TO THIS
STORY -- I WOULD THINK
NEGLIGENCE LAW WOULD APPLY THAT
IF THE COMPANY WERE NEGLIGENT IN
KEEPING UP THE SCOOTER AND
SCOOTER DUE TO AS WHAT'S
DESCRIBED THE COMPANY WOULD BE
LIABLE UNDER NEGLIGENCE LAW AS A
STAND THE CALIFORNIA.
SO I'M CURIOUS WHY WE FEEL
THERE'S A HOLE THERE THAT WE
NEED TO FELL BUT NONE THE LESS I
THINK AS LONG AS IT'S CLEAR.
THAT IT'S YOU KNOW WHEN IT IS
INCUMBENT UPON THE COMPANY'S
RESPONSE IT WAS.
IT WAS THE NEGLIGENCE OR COMPANY
ENOUGH TO TO NEGLIGENCE THE USER
THAT I'M COMFORTABLE BUT I YOU
KNOW IT'S NOT CLEAR TO ME WHY
THAT'S NECESSARY MAYBE YOU HAVE
AN ANSWER.
YES I CAN CLARIFY THAT FOR YOU
AS YOU HEARD A MOMENT AGO --
TECHNET AND THE OTHERS WANT TO
HAVE A COMPLETE RELEASE AND
WAIVER OF ALL LIABILITY FOR
ANYTHING TO DO WITH THE SCOOTERS
INCLUDING THEIR FAILURE TO
MAINTAIN THEM.
INCLUDING IF THE BATTERY THEY
WANT TO AND THEY RELEASED THE
MANUFACTURES IN THESE WAIVERS SO
YES YOU'RE RIGHT IT WOULD BE
NEGLIGENCE ON BEHALF OF THE
COMPANY EXCEPT THEY WANT TO
EXEMPT THEMSELVES FROM
NEGLIGENCE THROUGH THESE
CLICKING ACCEPT AGREEMENTS.
THAT IS AT THE HEART OF THIS
BILL IS MAKING SURE THAT THAT
DOES NOT HAPPEN.
AS FAR AS PICKING UP A SCOOTER
AND HITTING SOMEONE OVER THE
HEAD WITH IT.
THAT WOULD NOT LEAD TO LIABILITY
OF THE COMPANY ANYMORE THAN IT
WOULD BE IF SOMEONE OR PICK UP A
PARK BENCH AND SLAMMING ON
SOMEONE'S HEAD WOULD MAKE THE
CITY LIABLE.
BUT TO ADDRESS YOUR SPECIFIC
CONCERNS.
IF THEY'RE ALLOWED TO MOVE
FORWARD WITH THE WAY THEY'RE
OPERATING RIGHT NOW.
THEN THEY WILL BE EXEMPT FROM
LIABILITY IF THIS BILL MOVES
FORWARD AND WITH THE PROVISIONS
TO PREVENT THE WAIVERS.
AND THE THE RELEASE IS THAT THEY
WANT YOU'RE EXACTLY RIGHT
NEGLIGENCE -- LIABILITY WILL
TAKE CARE WHICH IS WHAT WE THINK
SHOULD BE THE WAY IT GOES RIGHT
SO I THAT'S WHAT I THINK YOU
KNOW I ECHO MISTER BERMAN'S
COMMENTS WITCHER.
THAT NEGLIGENCE LAW SHOULD APPLY
WHERE THE COMPANY'S NEGLIGENT
AND THAT SHOULD BE WHERE IT
STOPS AND WHERE WE HAVE A USER
WHO IS USING IT UNDER THE
INFLUENCE OR IN A WAY THAT.
YOU KNOW IS NOT. FOR SIEBEL BY
THE COMPANY THAT IT IS NOT THEIR
NEGLIGENCE THAT BECAUSE THE END
RESULT AND THEY SHOULD BE LIABLE
AND I APPRECIATE YOU WORKING TO
GET THERE AND ACCORDING THAT
BILL ON THE FLOOR.
THANK YOU.
ANY ADDITIONAL COMMENTS.
SCOTT I'M GOING.
JUST VERY BRIEFLY AT I
APPRECIATE YOUR COMMENTS WILLING
TO WORK ON A COUPLE THINGS I'M
UNCOMFORTABLE WITH A COUPLE
THINGS.
ON HIS BILL I MEAN.
AND I I I YOU KNOW I HAVE A
DIFFERENT PERSPECTIVE WE WANT TO
TALK ABOUT.
SCOOTER JUST BEING ALL OVER THE
PLACE -- AND WHAT THAT LOOKS
LIKE AND AND ISSUES I SEE WITH
THAT BUT IN TERMS OF LIABILITY I
I DON'T NECESSARILY PERCEIVE THE
COMPANIES WANTING TO BE NOT --
LIABLE FOR THINGS THAT THEY
SHOULD BE RESPONSIBLE.
FOR THAT'S OUR JOB WE CAN MAKE
THEM RESPONSIBLE FOR THINGS THAT
THEY SHOULD BE RESPONSIBLE FOR
BUT IT SHOULD ALL BE WITHIN
REASON -- AND SO IT JUST AS LONG
AS YOU CONTINUE TO WORK WITH THE
OPPOSITION TO FIND THAT BALANCE
FIND.
OUT WHAT THAT REASON IS -- I'M
WILLING -- TO SUPPORT THE BILL
UNDER THAT PREMISE TODAY -- BUT
ON THE FLOOR IF YOU KNOW THE
FINAL FORM OF THE BILL WILL
DEPEND ON MY BUT WILL DEPEND ON
THAT THANK YOU THANK YOU UP IF I
MAY BRIEFLY -- MISTER CALDERON
YOU RAISE THE ISSUE OF THE
SCHOOL IS BEING LEFT ALL OF THE
PLACE AND SO AS YOU HEARD FROM
THE DISABILITY RIGHTS --
REPRESENTATIVE -- THAT THAT IS
ONE OF THE MAIN GOALS OF
REQUIRING THAT -- THAT CITIES
AND COUNTIES ADOPT -- ROLES
INCLUDING PARKING RULES SO THAT
THEY'RE NOT JUST STREWN ON ON
SIDEWALKS -- AND AND AND POSE A
HAZARD FOR THE ELDERLY AND
PEOPLE WITH DISABILITIES RIGHT
AND I ALSO WANT TO PRESERVE
LOCAL CONTROL BECAUSE I THINK
YOU SHOULD BE UP TO THE CITY BE
OF THE RIGHT THERE ON RULES AND
AND KIND OF HAVE THEIR OWN.
DETERMINATION IN TERMS OF THE
RULES AND WHAT WORKS FOR THEM
AND WHAT DOESN'T YES AND AND I
THINK THE FACT THAT THE LEAGUE
OF CALIFORNIA CITIES A SUPPORT
IN THIS BILL AND CONCEPT --
SHOWS THAT WE ARE COMMITTED TO
LOCAL CONTROL THANK YOU.
THANK YOU VERY MUCH UP.
OUR I'M GLAD THAT THE AUTHOR HAS
ACTUALLY -- LAID OUT SOME OF THE
CONCERNS THAT THE AT THE IT
COULD GO SOME OF THE CONCERNS
THAT BEEN RAISED -- IN FACT UP
THE COMMITTEE ALSO HAS SOME
SIMILAR CONCERNS.
AND THAT'S THE REASON WHY WE
PROPOSE SIR SEVERAL AMENDMENTS I
THINK SOME OF THE JIM EVANS
ADDRESS SOME OF THE ISSUES BUT
NOT ALL OBVIOUSLY -- SO -- GIVEN
THE FACT THAT THE BILL'S GOING
TO THE NEXT TOP IS GONNA BE
JUDICIARY WHERE WILL BE SOME OF
US WILL BE LOOKING AT THE BILL
AGAIN.
ALL ON AT LEAST SO WITH RESPECT
TO THE LIABILITY ISSUE I THINK
I'M I'M COMFORTABLE MOVING AT
FORT.
I AM TOO WITH THAT IF I DON'T
SEE ANY ADDITIONAL COMMENTS OR
QUESTIONS I'M GONNA ASK YOU TO
CLOSE -- THE AND AFTER THAT THEN
WILL ENTERTAIN A MOTION -- TO
MOVE THE BILL.
I JUST THOUGHT FIND A COMMON YOU
KNOW AS AN ENVIRONMENTALIST AYE
AYES I STRONGLY SUPPORT THE
SUCCESS.
OF OF THESE PRODUCTS IN THE
SERVICES I MEAN THIS IS
PROVIDING A CRITICAL YOU KNOW --
FIRST AND LAST MILE
TRANSPORTATION SOLUTION -- TO TO
ADDRESS OUR OUR STATE'S
ENVIRONMENTAL OBJECTIVES AND SO
YOU KNOW I WANT TO SEE THIS
INDUSTRY SUCCEED I JUST WANNA
MAKE SURE IS SUCCEEDS.
IN A SAFE.
I ASKED FOR AYE VOTE THANK YOU
VERY MUCH I DO I HAVE A MOTION.
TO HAVE A SECOND THE BILL IT'S
BEEN MOVED AND SECONDED MADAM
SECRETARY PLEASE CALL THE ROLL.
CHECK OUT HI SO I KILEY BAR QUE
HAN.
BAUER-KAHAN HI BERMAN.
BERMAN HI CALDERON.
CALDERON HI GABRIEL [inaudible]
GALLAGHER [inaudible]
GALLAGHER NO [inaudible]
IRWIN.
OBERNOLTE.
OBERNOLTE NO SMITH.
SMITH I WICKS.
WICKS SEC THE BILL HAS SIX VOTES
SO IT IS OUT THANK YOU VERY MUCH.
ON THAT BRINGS US TO OUR FINAL
ITEM.
OF THE DAY AND THAT IS SO ITEM
TWENTY ONE A. B. THIRTEEN
SIXTEEN THAT SEMESTER GALLAGHER.
THANK YOU FOR YOUR PATIENCE
MISTER GALLAGHER.
THANK YOU MISTER CHAIRMAN AND I
HAVE NO WITNESSES AND I'M GONNA
TRY AND MAKE THIS IS AS QUICK AS
POSSIBLE BUT I DON'T THIS IS
IMPORTANT BILL OTHERS SAY THE
BEST FOR LAST OF COURSE -- SO --
PROUD TO PRESENT AB THIRTEEN
SIXTEEN AND I WANT TO START --
JUST BY OUTLINING THE PURPOSE OF
THIS BILL.
WE'VE TALKED ABOUT THIS A LOT OF
THE LAST FEW YEARS ABOUT HOW
POLARIZED.
OUR SOCIETY IS BECOMING YOU KNOW
IN AMERICA AN INTER INTER OUR
POLITICS.
YOUR MORE MORE WE ARE ISOLATING
OURSELVES ONLY HEARING.
NO ONE VIEWPOINT PUTTING
OURSELVES OUR OWN ECHO CHAMBERS --
AND WE'VE SEEN THAT THIS IS BEEN
EXACERBATED BY SOCIAL MEDIA WITH.
WITH THE ALGORITHMS -- THAT WERE
BASICALLY TARGETED TO ONLY GIVE
YOU NEWS THAT.
THEY THAT THEY THINK THAT YOU
WOULD LIKE.
AND THAT HAS LED TO MORE MORE
PEOPLE ONLY GETTING A CERTAIN
TYPE OF YOU POINT A CERTAIN TYPE
OF NEWS THAT AGREES WITH.
WHAT THEIR WORLD VIEW WHAT THEIR
OPINION IS -- AND WE SAW I THINK
YOU'RE MORE RECENTLY -- WITH THE
MOLAR REPORT [inaudible]
THAT.
THE RUSSIAN INTERFERENCE THAT
THAT OCCURRED BY THIS GROUP THE
IRA -- THEY ACTUALLY.
MADE FAKE ACCOUNTS.
TARGETED TOWARDS DIFFERENT
GROUPS OF PEOPLE -- AND THEY AND
THEY RELEASE FAKE INFORMATION
BASICALLY.
WITH THE WITH THE GOAL OF AN
CITING.
THOSE GROUPS. TO TO ACTION INTO
EVEN THOUGH THE INFORMATION IT
CONTAINED IN THOSE CONTAINING
THOSE THINGS WASN'T TRUE.
AND WE'VE MADE OURSELVES.
SORT OF EASY TARGETS BY THIS BY
THIS POLARIZATION AND BY WHAT
HAS HAPPENED ON SOCIAL MEDIA --
I ALSO JUST FROM MY OWN PERSONAL
EXPERIENCE.
I'VE REALIZED.
THAT IN MY ENTIRE ADULT LIFE.
I'VE BEEN SURROUNDED BY LIBERALS.
YEAH I WAS OUT AS YOU KNOW I
GREW UP IN A VERY RURAL AREA --
BUT WENT TO UC BERKELEY YOU KNOW
FOR FOR MY UNDERGRAD I WAS I WAS
CERTAINLY IN THE MINORITY.
YOU IN THAT PLACE IN TERMS OF OF
MY OF MY VIEW POINT.
AND THEN I WENT ON YOU KNOW TO
ACTUALLY SERVE HERE AS A FELLOW --
AND THEN ULTIMATELY CAME TO THIS
PLACE YOU KNOW TO THIS CAPITAL
WHERE AGAIN YOU KNOW I HAVE
BENEFITTED I THINK FROM BEING
ABLE TO HEAR.
THE OTHER SIDE OF OF OF
VIEWPOINTS HERE MULTIPLE
DIFFERENT PERSPECTIVES -- AND SO
IN IN MY OWN LIFE IN EVEN THOUGH
IT DIDN'T WORK YOU GUYS DIDN'T
CONVERT ME -- I HAVE.
I WOULD SAY THAT [inaudible]
YOU KNOW.
AND I THINK THAT ALL OF YOU CAN
APPRECIATE THIS -- TO BECAUSE IT
WORKS BOTH WAYS YOU GAIN A
BETTER UNDERSTANDING OF WHERE
PEOPLE ARE COMING FROM WHAT
THEIR PERSPECTIVES ARE.
EVEN IF YOU DON'T ULTIMATELY
AGREE ON A POINT -- YOU BECOME
MUCH MORE WELL ROUNDED MUCH MORE
INFORMED -- AND MUCH BETTER TO
BE ABLE TO RELATE IN A CIVIL
SOCIETY -- AND SO I THINK THE
ANSWER TO SOME OF THIS
POLARIZATION IS REALLY TO ENSURE
THAT THERE IS MORE SPEECH AND
THAT WE DON'T HAVE THE KIND OF
CENSORSHIP THAT HAS BEEN.
THAT HAS BEEN OCCURRING -- I
THINK WE ALSO HAVE TO RECOGNIZE
THAT THESE PLATFORMS FACEBOOK
AND TWITTER.
HAVE BECOME.
PLACES WHERE WE'RE HAVING
DISCUSSIONS OF MAJOR PUBLIC
CONCERN.
THERE PLACES WHERE WE'RE HAVING
AN ELECTION PERIOD.
WHERE A LOT OF YOU KNOW
CAMPAIGNS ARE WON AND LOST ON
INFORMATION THAT YOU'RE PUTTING
OUT ON ON THESE PLATFORMS?
AND THIS IS WHERE WE GET NEWS
NOW A LOT OF PEOPLE GET THEIR
NEWS JUST BY LOOKING AT THEIR
TWITTER FEED -- SO IN THAT CASE
HOW THOSE PLATFORMS ARE MANAGED
AND WHO DOES THE MANAGING
MATTERS -- AND I THINK THAT --
YOU KNOW.
THIS DOES HAVE TO BE CAREFUL AND
WE HAVE TO WE HAVE TO THINK
ABOUT THIS BUT I THINK THE
ANALYSIS WHICH THE ANALYSIS I
THINK WAS GREAT ON THIS.
MR Là ME.
YOU KNOW I THINK COVERED ALL THE
ISSUES BUT HERE'S WHAT I THINK
IT REALLY IF YOU LOOK AT THE
ANALYSIS THIS IS THE MAJOR POINT.
IS IT THIS BILL ACKNOWLEDGES AND
THIS IS ON PAGE SEVEN THIS BILL
ACKNOWLEDGES THE STRONG PUBLIC
POLICY ARGUMENT.
THAT SOCIAL MEDIA WEBSITE SHOULD
BE PERMITTED TO EXERCISE THEIR
FIRST AMENDMENT RIGHTS. TO NOT
ALLOW CERTAIN SPEECH ON THEIR
PLATFORMS.
WHILE STILL SEEKING TO REDUCE
THE LIKELIHOOD THAT CONTENT
REGULATION WILL BE BASED ON
POLITICAL POLITICAL IDEOLOGY.
IT STRIKES THAT BALANCE UNDER
THIS BILL.
THOSE PLATFORMS WILL STILL BE
ABLE TO TAKE OFF ANY SPEECH THAT
IS INCITEMENT TO VIOLENCE IT'S
OBSCENITY THAT HATE SPEECH.
AND THEY CAN ALSO REMOVE ANY.
YOUR POSTS OR TWEETS THAT WOULD
BE INCONSISTENT.
WITH THEIR TERMS AND CONDITIONS
THAT THEY'VE OUTLINED AS HEY
THIS IS WHAT WE WOULD WE WOULD
ACCEPT ON OUR SITES -- AND IT
MAKES THAT VERY CLEAR.
AND SO LOOK I THINK THAT THIS
STRIKES THE BOUNCE NOW SOME.
THE LEGAL ARGUMENT THAT COMES IN
HERE IS A THESE SITES ARE
PRIVATE.
THEY'RE NOT LIKE GOVERNMENT --
AND THE FIRST AMENDMENT IS
CONCERNED WITH GOVERNMENT THAT'S
TRUE.
BUT RIGHT HERE IN CALIFORNIA WE
WERE THE FIRST THE CALIFORNIA
STATE SUPREME COURT.
WAS ONE OF THE FIRST TO
RECOGNIZE IS THAT PRIVATE
PROPERTY PRIVATE PLATFORMS CAN
BECOME LIMITED PUBLIC FORMS.
AND THAT'S OUTLINED IN THE
ANALYSIS AS WELL AS THE THE
PRUNE YARD -- SHOPPING MALL CASE.
IN WHICH THE COURT FOUND THAT
PEOPLE THAT WERE.
HANDING OUT FLYERS INFORMATION
IN A PRIVATE SHOPPING MALL -- AS
WERE IN FACT LET AND THEY
COULDN'T BAR THEM FROM DOING SO
THEY CAN BUY THEM FROM HANDING
OUT THESE FLYERS.
BECAUSE IT HAD BECOME A LIMITED
PUBLIC FORUM IN THE COURT SAID.
THAT IN RELEVANT PART.
THIS BUSINESS ESTABLISHMENT THAT
HAS.
HAS SET ITSELF OPEN TO THE
PUBLIC.
AND ALLOWED PEOPLE TO COME AND
GO AS THEY PLEASE THE VIEWS
EXPRESSED BY MEMBERS OF THE
PUBLIC IN PASSING OUT THE
PAMPHLETS OR SEEKING SIGNATURES
[inaudible]
MAKING POSTS -- FOR A FOR A
PETITION ARE NOT LIKELY TO BE
IDENTIFIED WITH THE SHOPPING
MALL THEY'RE GOING TO BE
IDENTIFIED WITH THE PERSON
MAKING THAT.
MAKING THAT STATEMENT SO TO ON
FACEBOOK AND TWITTER WE'RE NOT
US YOU KNOW.
WHEN SOMEONE MAKES A POST WHEN?
WHEN WE GO ON AS WE DO OFTEN DO
MANY OF US OUT THESE ACCOUNTS WE
MAKE A STATEMENT ABOUT OUR
BELIEFS -- BILLS THAT WERE
WORKING ON THINGS THAT WE'RE
DOING EVERYBODY KNOWS THAT'S A
STATEMENT FROM US IT'S NOT A
STATEMENT FROM FACEBOOK.
IT'S NOT A STATEMENT FROM
TWITTER.
AND SO I THINK THAT THIS THIS
FITS RIGHT INTO THAT MOULD OF
CALIFORNIA LAW THAT WAS
ESTABLISHED.
SPEAKING OF SEVERAL DECADES AGO
ACTUALLY -- AND AND I THINK IT
RECOGNIZES THAT LOOK WE DO NEED
TO DO MORE TO ENSURE THAT THERE
IS MORE SPEECH.
THAT THERE IS THAT THAT PEOPLE
ARE GETTING MULTIPLE VIEWPOINTS
AND ARE NOT GETTING INTO THESE
ISOLATED BUBBLES WHERE WE ARE
VULNERABLE.
AND WE WILL CONTINUE TO BE
VULNERABLE TO THESE TYPE OF OF
ATTACKS THAT WE'VE SEEN.
I THINK THIS IS ONE ANSWER TO IT
THERE'S A LOT OF OTHER THINGS
THAT WE PROBABLY NEED TO DO AS
WELL -- BUT WE CAN'T HAVE
CENSORSHIP AND I THINK THIS
AGAIN THIS STRIKES THE RIGHT
BALANCE PRESERVING.
PEOPLE'S RIGHTS TO TAKE DOWN
SPEECH OBVIOUSLY THAT'S NOT
CONSISTENT WITH THEIR TERMS AND
CONDITIONS -- THAT'S NOT
CONSISTENT WITH OBVIOUSLY VALUES
OBSCENE ALL OF THAT -- BUT THEN
ALSO SAYS WE'RE NOT GONNA BAR
PEOPLE JUST BASED ON THERE
POLITICALVIEW POINTS -- SO I
WOULD ASK FOR YOUR SUPPORT ON
THIS ON THIS LEGISLATION WE
WORKED ON IT SINCE LAST YEAR AND
MADE IT A BETTER BILL -- AND I
THINK IF YOU LOOK AT THE
ANALYSIS -- THE ANALYSIS WOULD
AGREE WITH THAT AND SO I'D ASK
FOR YOUR SUPPORT THANK YOU
MATCHA OUR SUPPORTERS
[inaudible]
OPPOSITION.
GOOD EVENING CHAIR MEMBERS OF
THE COMMITTEE MY NAME IS KEVIN
KELLY I'M THE DIRECTOR OF
CALIFORNIA GOVERNOR FAIRS FOR
INTERNET ASSOCIATION.
THE INTERNET HAS BECOME WHAT IT
IS TODAY THANKS TO THE FACT THAT
IT'S FREE OPEN ACCEPTING OF YOU
POINTS.
AND AFFILIATIONS FROM PEOPLE ALL
OVER THE WORLD.
PEOPLE FROM EVERY POLITICAL WALK
OF LIFE CONFINED COMMUNITIES IN
CONTENT THAT INTEREST THEM AN
INTERNET PLATFORMS ENABLE
EVERYONE TO LEARN ABOUT SHARE
AND DEBATE DIVERSITY OF VIEWS
AND OPINIONS.
AND ALREADY SOME TOPICS AROUND
THE WORLD.
WITH THIS GOAL WE DO SHARE A
SIMILAR NUMBER GALLAGHER IS GOAL.
HOWEVER HIS BILLS THIS BILL IS
BASED ON A FLAWED PREMISE THE
MODERATION DECISIONS ARE BASED
ON POLITICAL VIEWPOINT.
ONLINE PLATFORMS AND FORCE THE
COMMUNITY STANDARDS WHICH ALLOWS
USERS TO FEEL SAFE SECURE BOTH
ONLINE AND OFF.
THIS REQUIRES REMOVING CONTENT
THE POSES A THREAT OF HARM. TO
THE PUBLIC AND PERSONAL SAFETY
OR CONTENT FOR PROMOTING HATRED
OF VIOLENCE AGAINST CERTAIN
GROUPS [inaudible]
ALLEGATIONS THAT PLATFORMS
ENGAGE IN PRACTICES LIKE SHADOW
BANNING AGAINST CONSERVATIVE
COMMENTATORS ARE UNFOUNDED.
AND TO THE EXTENT THAT THIS BILL
IN PIZZA PLATFORMS ABILITY TO
MODERATE TROLLS SPREADING
MISINFORMATION LIKE THE IRA
ACCOUNTS THAT SOMEONE NUMBER
GALLAGHER IDENTIFIED.
WAR FROM REMOVING VIDEOS
CLAIMING THAT SANDY HOOK.
TRAGEDY WAS A HOAX IT IS
UNACCEPTABLE.
THE ANSWER TO NEEDING MORE
SPEECH IS NOT THIS TYPE OF
SPEECH THIS BILL IMPEDES THE
PLATFORMS ABILITY TO MODERATE
THEIR PLATFORMS.
THE PLATFORMS UNDER CALLS TODAY
TO DO MORE MODERATION TO DO A
BETTER WE ARE LEARNING.
AND THIS BILL WORKS AGAINST THAT.
IN A FOUNDATIONAL LEVELS ALSO
OFTEN VERY DIFFICULT TO DEFINE
WHAT IS POLITICAL.
NOT ALL PEOPLE FIND THE SAME
ISSUES TO BE POLITICAL.
SO FRAMING THINGS AS POLITICAL
OR NOT ON A CASE BY CASE POST BY
POST BASIS IS ONYX UNWORKABLE -
AND IS THE ANALYSIS POINTS OUT
THAT ONE PERSON'S POLITICAL
SPEECH IS ANOTHER PERSON'S
INCITEMENT.
PEOPLE USE THESE PLATFORMS
BECAUSE THEY'RE ABLE TO FIND
CONTENT THEY LIKE SOME USERS ONE
PARTICULAR CONTENT SOME USERS AS
THE PLATFORMS NOT TO SHOW THEM
CONTENT THEY FIND OBJECTIONABLE.
THIS BILL WOULD UNDERMINE THE
PLATFORMS TOOLS TO SERVE THEIR
USERS.
FINALLY IT'S NOT CLEAR WITH THIS
BILL REQUIRED TO THE EXTENT THAT
ENVISIONS PLATFORMS LISTING OUT
TYPES OF POLITICAL SPEECH IS
ACCEPTABLE ACCEPTABLE OR
UNACCEPTABLE BE HOLY AND HELPFUL
TO HELP THE PUBLIC DISCOURSE.
IF IT'S SUGGESTING THE CON THE
PLATFORMS CAN ONLY MODERATE
CONTENT THAT VIOLATES EXISTING
TERMS OF SERVICE AND THAT'S
UNNECESSARY DUPLICATIVE AND WILL
HIGHLIGHT -- COMPLETELY
ERRONEOUS REASONS THE CONTENT IS
MODERATED.
SO WE THINK THAT THIS BILL
CONFUSES USERS UNNECESSARILY THE
TEARS FROM CLEAR CONTENT
OPERATION STANDARDS AND IMPEDES
IN THAT MODERATION.
THANK YOU THANK YOU ADDITIONAL
INDIVIDUALS IN OPPOSITION TO THE
BILL.
AS CHAIR AND MEMBERS ACCORDING
JENSEN THE TECHNION OPPOSITION.
THANK YOU RELATIONAL SEEMED AND
NONE.
BACK TO COMMITTEE MISTER
CALDERON GO AHEAD YOU HAVE
QUESTIONS OR COMMENTS.
SO WE'VE TALKED A LITTLE BIT
ABOUT THIS BILL AND AND I
APPRECIATE YOUR YOUR HEAD AS
ADAM AND WHAT YOU'RE TRYING TO
DO.
IT MY CONCERN WHICH I SAID I
SURE DO YOU HAVE A COUPLE
CONCERNS THE ONE CONCERN I HAVE
IS -- WHETHER OR NOT YOU CAN
ACTUALLY GET TO WHAT YOU'RE
TRYING TO GET OUT AND THAT THIS
IS THE BEST WAY TO DO THAT.
I MEAN IT WOULD SEEM TO ME THT
THE BETTER FOCUS WOULD BE ON THE
ALGORITHMS THAT PLATFORMS USE
NOT NECESSARILY.
SOCIAL MEDIA PLATFORMS BUT YOU
KNOW GOOGLE SEARCHES ANOTHER
SEARCH ENGINE PLATFORMS THAT OP --
IMPLEMENT ALGORITHMS -- THAT --
FOCUS MORE ON WHAT WE WHAT WE
PUT INTO THAT THAT THE SEARCH
BARS AND THEN THEY CONTINUE TO
SHOW US INFORMATION THAT THEY
THINK WE WANT TO SEE RATHER THAN
MORE.
UNFILTERED INFORMATION -- SO
THAT WE ARE WORLD VIEW IN TERMS
OF WHAT WE'RE SEARCH SEARCHING
ON ON A SEARCH ENGINE IS MORE
FOCUSED BASED ON WHAT THEY THINK
WE WANT TO SEE OR WANT TO READ --
AS OPPOSED TO WHAT WE SHOULD BE
EXPOSED TO WHICH IS EVERYTHING
IN MULTIPLE DIFFERENT PLATFORMS
OR MULTIPLE DIFFERENT --
PERSPECTIVES -- I I JUST YOU
KNOW WHAT MY I HAVE A BIG
CONCERN OF WHETHER OR NOT.
HE WE ARE.
PROVIDING AN OPPORTUNITY TO TO
ALLOW HATE SPEECH WHICH ISN'T
ALWAYS.
SPEECH THAT IS OVER AT AND AND
THERE'S A THERE'S A WAY TO SPEAK --
OR TO USE HATE SPEECH WITHOUT IT
NECESSARILY SOUNDING VARIANCE IN
THE AREA ARE LIKE YOU ARE USING
HATE SPEECH AND PROVIDING
PROTECTION UNDER THIS LAW AND
UNDER CALIFORNIA LAW -- FOR THAT
TYPE OF SPEECH OR PROVIDING
POTENTIAL PROTECTION FOR
SOMEBODY THAT'S TRYING TO
INFLUENCE AN ELECTION INS INFO
INFLUENCE A CIVIL DISCOURSE OF
ALL OF OF OUR STATE.
OUR BY PROTECTING CERTAIN KIND
OF SPEECH BECAUSE I'M SAYING
IT'S POLITICAL SPEECH OF THAT'S
MY POLITICAL PERSPECTIVE THAT'S
POLITICAL SPEECH AND THEN IS
PROTECTED IN.
AND THEN THAT BECOMES AN
INTERESTING QUESTION AT THAT
GOES TO COURT ABOUT HOW YOU
DIFFERENTIATE YOU KNOW.
IS THIS POLITICAL SPEAKERS IS
NOT POLITICAL SPEECH FOR SUCH
GREAT AT THAT QUITE A JUDGMENT
THAT AN INTERNET COMPANY OR
SOCIAL MEDIA COMPANIES CAN HAVE
TO MAKE ON THE ROUND OF WHETHER
OR NOT THIS IS A POLITICAL
SPEECH OR NOT POLITICAL SPEECH.
AND THEN I COULD JUST SEE THIS
COMING BACK -- TO IF THIS EVER
WENT TO COURT COMING BACK TO THE
LEAD IN THE COURT SAYING YOU GOT
TO GO BACK TO LEGISLATION
THEY'RE GONNA HAVE TO MORE
CLEARLY DEFINE WHAT THIS
ACTUALLY MEANS -- BECAUSE AS
NOTED IN YOU KNOW IN THE IN THE
AND THE ANALYSIS POLITICAL
SPEECH AND HATE SPEECH OR ARE IN
THE EYE OF THE OF THE BEHOLDER A
LOT OF TIME SO.
I DO HAVE.
THOSE TYPES OF CONCERNS BUT THEN
ALSO I KEEP FALLING BACK ON IS
IS THIS REALLY A PROBLEM -- AND
IS THERE A PROBLEM THAT REALLY
WHAT WHAT WHAT IS THE ACTUAL
PROBLEM THAT REALLY TRYING TO
SOLVE IN IS IS REALLY BASED ON
ANY ACTUAL.
A REALITY I MEAN SH THAT YOU
SHORE WE'VE SEEN A COUPLE MORE
HIGH PROFILE FOLKS THAT ARE ON
TWITTER -- THAT SAY CERTAIN
THINGS AND AND AND IT SEEMS LIKE
THE PERSPECTIVE IS OKAY THEIR
MORE CONSERVATIVE I AND SO.
YOU KNOW YOU'RE A LIBERAL
PLATFORM YOU KNOW WHO YOUR OF
YOUR FOUNDER ADMITTED YOUR
LIBERAL WHERE YOU ADMITTED THAT
MORE PEOPLE THAT ARE EMPLOYEES
OF YOUR COMPANY TEND TO BE
LIBERAL AND THE AND HERE YOU ARE
HERE THREE EXAMPLES OF OF PEOPLE
THAT WERE BANNED BECAUSE YOU'RE
CONSERVATIVE -- AND AND AND THE
AND THE IDEA THE THE WHO WHO
WERE BANNED FOR POLITICAL VIEWS
AND IN THE IDEAS THAT THE BEING
BANNED BECAUSE A CONSERVATIVE.
AND NOT -- WHAT WOULD THE
COMPANIES ARE DESCRIBING SAYING
BECAUSE IT IT DOESN'T HELP A
COMPANY TO BE BANNING REALLY
ANYBODY FOR ANYTHING -- BUT THE
COMPANIES ARE SIGNALED FOR THE
SPECIFIC REASONS THEY VIOLATED
OUR TERMS AND USE AND WE DON'T
REALLY KNOW.
YOU KNOW JUST BECAUSE THOSE ARE
MY HOPE HIGH PROFILE INDIVIDUALS
THAT ARE BEING BANNED THOSE ARE
THE ONES THAT COME TO MIND SEEM
pPLATFORM IS BEATING UP ON A
CONSERVATIVE -- THE INDIVIDUAL
THAT'S THAT IS EXERCISING HIS
POLITICAL SPEECH ON A PLATFORM
BUT YOU ALSO DON'T KNOW ALL THE
ALL OF THE MILLIONS OF PEOPLE
THAT ARE ONLINE THAT HAVE TEN
FIFTEEN TWENTY FOLLOWS GENERALLY
THE PEOPLE SENDING US HATE MAIL --
ONE FOLLOWER TO FOLLOWERS -- AND
HOW MANY OF THOSE PEOPLE ARE
BEING BANNED WHAT THEIR
POLITICAL BANTUS SO IT MAY SEEM
BASED ON WHAT WE'VE SEEN IN THE
NEWS THAT IT TENDS TO BE MORE
CONSERVATIVE BUT THAT DOESN'T
NECESSARILY MEAN IT'S
REPRESENTATIVE.
OF THE ACTUAL PLATFORM BANNING
PEOPLE THAT ARE MORE
CONSERVATIVE VERSUS PEOPLE
THEY'RE NOT -- CONSERVATIVE OR
COULD YOU KNOW THERE COULD BE AN
EQUAL AMOUNT OF NOT MORE PEOPLE
THAT ARE ON THE LIBERAL SIDE OF
THE PART OF THE SPECTRUM THERE
ALSO BEING BANNED BUT WE JUST
DON'T HEAR ABOUT IT BECAUSE THE
NEWS DOESN'T CARE BECAUSE
THEY'RE NOT JACOB WALL.
SO -- YOU KNOW.
THOSE WOULD BE MY CONCERNS IS
TRYING TO GET OUT WHAT YOU'RE
TRYING TO GET OUT IN.
IF THAT'S REALLY POSSIBLE TO DO
I A I A I THINK THAT.
POLITICAL SPEECH ARE WHEN DONE
IN IN THAT IN THAT ON IT WITH
THE UNDERSTANDING OF WHAT WE
KNOW THAT MEANS IS SHOULD BE.
YOU KNOW SHOULD BE SEEN AS THAT
AND SHOULDN'T BE DIFFERENTIATED
WHETHER IT'S A CONSERVATIVE YOU
ARE LIBERAL VIEW -- BUT I JUST
I'M CONCERNED ABOUT BASED ON THE
ROLE SOCIAL MEDIA HAS PLAYED IN
THE SPEECH ENDS UP ON SOCIAL
MEDIA AND HOW IT INFLUENCE.
INFLUENCE A CIVIL DISCOURSE IN
OUR SOCIETY HOW IT INFLUENCES
OUR POLITICS -- THAT THESE
PLATFORMS THE TO BE ABLE TO
EXERCISE THEIR ABILITY TO TO
REMOVE THINGS -- THAT ARE EITHER
OVER OR NOT OVER -- IN IN A IN
THIS.
MAKES THAT MORE COMPLICATED IN
MY PERSPECTIVE BECAUSE HOW DO
YOU.
HOW DO YOU CHARGE A PLATFORM OF
BEING ABLE TO DECIDE?
YOU KNOW IF SOMETHING IS HATE
SPEECH UP OR POLITICAL SPEECH
WHEN IT'S NOT RIGHT IN YOUR FACE --
SO THOSE ARE JUST SOME OF THE
CONCERNS THAT I HAVE BUT AGAIN I
THIS IS A TOUGH ISSUE TO TAKE ON
SO I REALLY APPRECIATE YOU CAN
TAKE THIS ON AN IMMUNOLOGIST
OBVIOUSLY SOME FROM HARD YOU'RE
DOING WITHOUT ANY SUPPORT.
AND AND GENERALLY WHEN I DON'T
HAVE SUPPORT ON BILLS IS BECAUSE
IT THERE WAS MY IDEA.
YOU KNOW.
IT DOESN'T MEAN IT'S NOT GOOD
IT'S A GOOD IDEA JUST MEANS I'M
THE ONLY ONE THAT CLEARLY CARES.
SO -- YOU KNOW I I I I I I I
THINK THAT -- WHAT YOU'RE DOING
IT IS A COMPLIMENT WHAT WHAT
YOU'RE DOING IS -- IT IS
COMMENDABLE I I JUST I I WORRY
ABOUT BEING ABLE TO GET THERE
AND IF THIS IS SOMETHING THAT WE
CAN DO WITH IN STATE LAW AND
THEN IT GOES INTO WHETHER OR NOT
THERE SHOULD BE.
A REALLY STATE LAW OR FEDERAL
LAW AND YOU KNOW HOW THE AND YOU
KNOW WHO SHOULD BE DOING THIS
AND I WISH I FEDERAL GOVERNMENT
MORE EFFECTIVE AND AND
REGULATING THINGS BUT JUST RIGHT
NOW IT'S MORE FOCUSED ON THINK
ANYTHING DONE SO I I APPRECIATE
WERE COMING FROM AND I JUST.
WANNA BE ABLE TO EXPRESS A
COUPLE CONCERNS THAT I'VE HAD.
THANK YOU MUCH MISTER BERMAN.
WELL JUST THE THE ECONOMIC
ALWAYS COMMENTS ARE REALLY WANT
TO THANK THE AUTHOR FOR THE
CONVERSATIONS THAT WE ON THIS
LAST YEAR THE CONVERSATIONS THAT
WE HAD ON THIS THIS YEAR -- THE
GOVERNMENT DO WITH A LOT OF
CONVERSATIONS ON A LOT OF THINGS
AND I ALWAYS LIKE -- I TRIED
REALLY HARD TO TAKE TO GET TO A
PLACE TO SUPPORT THIS I DON'T
THINK I'M THERE -- A AND IT'S
IT'S ECONOMY AS MISTER CALDERON
ALLUDED TO IT'S A LITTLE BIT A
COST BENEFIT ANALYSIS AND IT'S
NOT WITHIN SOCIAL MEDIA
COMPANIES OR ANY COMPANIES
[inaudible]
BEST -- KIND OF STRATEGY. TO
DISCRIMINATE AGAINST ANY
POLITICAL PARTY ESPECIALLY IN A
COUNTRY WHERE WE ARE SO DIVIDED
AND DO YOU KNOW IF YOU DO THAT
YOU'RE GOING TO PISS OFF A LOT
OF CUSTOMERS AND AND THAT
DOESN'T SO I DON'T THINK THAT'S
INTENTIONALLY HAPPENING -- AND
THEY SAID THAT WOULD BE THE
COSTS ARE THAT WOULD BE THE
BENEFIT THE COST.
AS CHAIR OF THE ELECTIONS
COMMITTEE AND AND HAVING
AUTHORED BILLS AROUND THIS ISSUE
I REALLY DO WORRY ABOUT.
THE FACT THAT THIS MIGHT CAUSE
COMPANIES TO PAUSE.
IN REMOVING CONTENT FROM THEIR
PLATFORMS THERE REALLY IS A HARM
TO THE PUBLIC WHETHER IT'S ARMED
OUR DEMOCRACY OR WHETHER IT'S A
THE HARMED OUR PUBLIC SAFETY IN
TERMS OF OF YES AND SURROUND
VACCINATIONS ARE OPPOSING
VACCINATIONS A YOU KNOW.
THERE'S A LOT OF WE KNOW AS YOU
ALLUDED TO THAT THESE PLATFORMS
CAN BE WEAPONIZED FOR BAD -- AND
I THINK WE NEED TO GIVE THESE
PLATFORMS MAXIMUM FLEXIBILITY TO
TO TRY -- TO DEBT PUSH BACK
AGAINST THAT AND I WORRY THAT
THIS BILL WILL HARM THEIR
ABILITY TO DO THAT AND THAT'S A
HUGE HALL -- IT'S A HUGE COST IN
MY MIND AND SO AND SO THE COST
BENEFIT ANALYSIS JUST DOESN'T
WAY OUT BUT I TOTALLY APPRECIATE
I AGREE WITH.
THE FACT THAT WE ARE TO POLARIZE
I THINK THAT I DO HAVE BIG
CONCERNS AROUND THE ALGORITHMS
THAT ARE USED BY THESE COMPANIES
THAT CREATE THESE ECHO CHAMBERS
YOU KNOW -- MAKE THINGS THAT
MUCH WORSE -- AND YEAH REALLY
APPRECIATE YOUR CONCERNS FOR
THIS ISSUE -- AND LOOK FORWARD
TO WORKING WITH YOU ON MORE
ISSUES.
THANK YOU ON THE SPOT OKAY AND
YEAH I AM I WANT TO THANK YOU
FOR YOUR COMMENTS I I ABSOLUTE
GRIEVING BEING IN THIS BODY FOR
JUST A FEW MONTHS I KNOW I'M
BETTER FOR THE DIVERSITY OF
THOUGHT THAT IS SHARED AMONG
STATUS -- YOU INCLUDED AND I
THINK THAT'S AN IMPORTANT ASPECT
BUT I ALSO AM CONCERNED WITH.
I ACTUALLY LOVE THE BREVITY AND
CLARITY OF THE LAWS THE BRINGING
FORWARD BUT THE BUT THE BREVITY
OF THIS ONE DOES GIVE ME PAUSE
BECAUSE I DO HEAR THE
OPPOSITION'S.
PROBLEMS AND I THINK THERE ARE
THESE CONCERNS WITH.
HOW WILL THEY DEAL WITH THE
THINGS THAT I THINK HOPEFULLY WE
ALL AGREE ARE HARMFUL TO
POLITICAL DISCOURSE AND TO
FERRET FREE ELECTIONS AND SO
TAKING THAT FREEDOM AWAY FROM
THEM?
IS NOT BENEFICIAL ESPECIALLY
GIVEN THAT THERE'S NOT A PROBLEM
BEFORE US THAT.
APPEARS TO BE NEED TO BE
CORRECTED BUT I DO THINK I MEAN
PER YARD WITH WHAT I THOUGHT OF
WHEN I READ THIS -- I THINK THAT
THE COURTS WILL THEY FIND THAT
THE SOCIAL MEDIA PLATFORMS ARE
LIMITED PUBLIC FOR AT SOME POINT.
I THINK IT'S OUT THERE I DON'T
THINK THAT'S A CLEAR ANSWER BUT
I GET BELIEVE THAT'S BEST IN THE
HANDS OF THE JUDICIARY WHO WILL
DO A VERY.
SOPHISTICATED ANALYSIS ON THE
THINGS YOU MENTIONED WHETHER OR
NOT THEY ARE FOR AND THAT.
SHOULD BE -- AB THOSE FIRST
AMENDMENT PROTECTIONS ARE
APPLICABLE TO AND THEN.
GOING FOR WHAT THAT MEANS SO
THANK YOU FOR BRINGING THIS.
THANK YOU VERY MUCH SHAMUS KILEY.
SO I WAS THAT A LITTLE SKEPTICAL
AND THIS IDEA WAS BROUGHT LAST
YEAR BUT I THINK THAT -- IN I IF
I'M NOT MISTAKEN THERE ARE A
COUPLE CHANGES THIS YEAR THAT --
pI THINK OUR OUR BIG IMPROVEMENTS
TO MAKE THE BILL MORE WORKABLE
WHERE IT SAYS THAT -- YOU
ACTUALLY ARE ALLOWED -- TO
FILTER CONTENT ON THE BASIS OF
POLITICS OR ANYTHING ELSE ALONG
WITH THAT'S DISCLOSED IN YOUR
TERMS OF USE AND SO YOU CAN HAVE
A WEBSITE THAT CATERS TO A
PARTICULAR POINT OF VIEW AND
DOESN'T LIKE.
HAVING ANYTHING ELSE THERE AND
THAT'S FINE YOU JUST GOT TO BE
UP FRONT ABOUT IT -- AND ALL
RAISES A SECOND WHAT A LITTLE
BIT MORE ABOUT OF THE SOME OF
THE OTHER COMMENTS THAT HAVE
BEEN MADE -- IS.
IT'S NOT LIKE WE WOULD HAVE TO
CUT SOME STANDARDS OUT OF WHOLE
CLOTH IN DETERMINING.
NGUYEN -- CONTENT IS BEING
CENSORED ON THE BASIS OF
POLITICAL AFFILIATION -- THERE'S
A WELL ESTABLISHED MY MISS THE
AUTHOR'S PRESENTATION BUT OVER
THIS BUT THERE'S WELL
ESTABLISHED CASE LAW AROUND
FIRST AMENDMENT JURISPRUDENCE
FOR LIMITED PUBLIC FORUMS WHEN
YOU CAN -- DETERMINE WHETHER
YOU'RE SHUTTING SOMEONE DOWN IN
THE MALL ON THE BASIS THAT
POLITICS OR ON A LEGITIMATE
BASIS LIKE THEY'RE CREATING A
DISTURBANCE OR SOMETHING ALONG
THOSE LINES SO I THINK THAT --
THE BILL AS PRESENTED NOT
PRESENTED NOW REPRESENTS A A
PRETTY THOUGHTFUL APPROACH TO
WHAT I'VE YOU AS AS A REAL
PROBLEM WHEN YOU HAVE.
A FORUM THAT HOLDS ITSELF OUT AS
A PUBLIC FORUM BUT UNBEKNOWNST
TO THE USERS -- IS -- IS CAUSING
SOME CONTENT NOT TO BE SEEN I
THINK THAT'S REALLY PROBLEMATIC
AND I THINK THE AUTHORS DONE A
GOOD JOB TO ADDRESSES SO I'M
HAPPY TO SUPPORT THE BILL EVEN
THOUGH I DON'T BELIEVE I SUPPORT
IT LAST YEAR.
THANK YOU VERY MUCH MR OBERNOLTE.
THANK YOU MISTER CHAIRMAN
LIKEWISE I DON'T THINK I SUPPORT
THIS BILL LAST YEAR EITHER.
BUT YOU'VE ADDED SOMETHING I
THINK IS REALLY IMPORTANT WHICH
IS THAT SENSE THAT SAYS.
THE SHALL NOT REMOVE OR
MANIPULATE CONTENT EXCEPT AS
PROVIDED BY.
THE SOCIAL MEDIAS TERMS AND
CONDITIONS OF USE SITE A
QUESTION FOR THE OPPOSITION.
WHICH IS THAT WITH THAT
PROVISION IN THERE I MEAN IF THE
CONTENTION IS -- WE NEED TO
STILL BE ABLE TO REMOVE HATE
SPEECH SURE WE STILL NEED TO BE
ABLE TO MOVE.
REMOVE -- THINGS THAT THAT WE
THINK ARE ACCURATE -- WHAT IF
YOU JUST SAY THAT WE RESERVE THE
RIGHT TO DO THOSE THINGS IN YOUR
TERMS AND CONDITIONS WHY DOES
THAT?
NOT GIVE YOU THE AUTHORITY TO DO
THAT WHY WOULD YOU HAVE A
CONCERN WITH THE BILL.
I THINK IT'S GONNA PART GIVE --
HESITATION. TO THE PLATFORMS ARE
SEEKING A MODERATE THAT TYPE OF
CONTENT WHEN IT'S SOME.
USERS VIEWED AS AND POLITICAL
TERMS AND IT TO THE EXTENT THAT
THIS BILLS.
ASKING PLATFORMS TO LIST OUT
VARIOUS TYPES OF POLITICAL
FLAVORS OF POLITICAL SPEECH THAT.
IT DOESN'T YOU KNOW WON'T ALLOW
ON THE PLATFORM I DON'T THINK
THAT HELPS ANYONE -- IN A
LENGTHENING THE TERM SERVICE FOR
ONE IS SOMETHING WE GET A LOT OF
FLACK ON BUT I YOU KNOW. TO THE
EXTENT THAT IT IS.
THE BILL WAS READ TO ALLOW US TO
MODERATE CONTENT BASED ON
EXISTING TERMS OF SERVICE WHAT'S
THE GAME.
ALSO AND SO WHAT PUTTING THE
POLITICAL -- PROHIBITION IN
THERE THEN IT'S GOING TO CAUSE A
WHOLE RANGE OF CON OF CONTENTS
THAT IT WAS IDENTIFIED BY THE
SOME OF THE COMMITTEE.
AS POTENTIAL POLITICAL AND
BECAUSE THE PLATFORMS A LOT OF
DIFFICULTY IN AND MODERATE.
THAT'S HOW WE DO IT.
OKAY WELL THE I THINK IT'S OUR
JOB HERE TO TRY AND STRIKE A
BALANCE ON A COMPROMISE BETWEEN.
SOCIETAL GOOD ON THE ONE HAND
AND INCONVENIENCE TO CITIZENS
AND BUSINESSES IN CALIFORNIA THE
OTHER.
AND LAST YEAR I DIDN'T THINK
THAT THIS BILL WAS THERE THIS
YEAR I ACTUALLY DO THINK IT'S
THERE.
IT SEEMS TO ME LIKE.
YOU COULD COMPLY WITH US -- IN
HONOR THE SPIRIT OF IT NOW AND
STILL BE ABLE TO DO THE THINGS
THAT YOU SAY YOU NEED TO DO SO
I'D LIKE TO MOVE THE BILL AND I
I I DO THINK THAT -- THAT YOU'VE
DONE A GREAT JOB OF SOMEONE THAT
AND AND WORKING WITH THE
OPPOSITION'S ON THIS.
THANK YOU VERY MUCH MR GABRIEL.
THANK YOU MISTER CHAIR -- SO I
JUST WANTED -- TO IT SHARE MY
THOUGHTS THE THE AUTHOR I HAD A
LONG CONVERSATION LAST NIGHT A
REALLY -- I I THINK A POSITIVE
CONVERSATION FORCE I'M NOT QUITE
THERE YET ON THE BILL I DON'T
THINK THAT IT'S IN A PLACE THAT
I CAN SUPPORT AND I DO
APPRECIATE.
HIS HIS PRINCIPLE APPROACH TO
THIS I THINK HE'S COMING AT IT
FROM THE RIGHT PLACE I THINK HE
HAS.
THE RIGHT VALUES AND MINE BUT I
I BELIEVE THESE ARE SOME OF THE
MOST CHALLENGING PUBLIC POLICY
QUESTIONS WE'RE GONNA FACE OVER
THE NEXT COUPLE DECADES IS HOW
DO WE REGULATE SPEECH ON THE
INTERNET HOW TO WE ON ONE HAND --
LEAVE OURSELVES THE OPPORTUNITY
TO TO GET RID OF SOME OF THE
REALLY -- TROUBLING AND SCARY
HATE SPEECH AND DARK THINGS THAT
WE SEE ON THE INTERNET BUT THE
OTHER TIME PRESERVE FREEDOM OF
SPEECH AND AND I THINK WE SHOULD
PROCEED WITH REAL CAUTION HERE.
AND APPRECIATE THE AUTHOR'S
THOUGHTFULNESS I KNOW THAT HE'S
COMING FROM A GOOD PLACE BUT
UNFORTUNATE THINK THAT THIS JUST
NEEDS A LITTLE BIT MORE WORK.
THANK YOU VERY MUCH SHAUNA SCENE
OR THE COMMONS.
OR QUESTIONS OUT [inaudible]
SEC HI.
HONESTLY I STRUGGLE WITH IS A
LITTLE BIT -- AS WE HEARD.
OF THE AUTHOR BROAD THIS -- A
SIMILAR BILL TO US LAST YEAR.
AND I ENDED UP SUPPORTING AT OUT
WITH HIS COMMITMENT TO PUT THOSE
CHANGES IN.
NOW SUBSEQUENT TO THE HEARING OF
AT LEAST COUPLE THINGS OF A HAVE
HAPPENED IN ONE OF WHICH WAS THE
THE NEW ZEALAND SITUATION.
ON AND THEN THE OTHER ONE WAS
THE ON THE A CASE OF A COURT
CASE AND THAT'S ALSO DESCRIBED
IN THE ANALYSIS AND THAT'S THE
OF THE TWITTER CASE -- THE ON
ALL JOHNSON VERSUS TWITTER AND
WHICH ACTUALLY CAME OUT.
ADEN TO BE IN FAVOR OF TWITTER.
SO THE QUESTION IN MY MIND WAS
YOU KNOW IS IT A RIGHT TIME FOR
US TO IS INAPPROPRIATE FOR US.
TO TO REGULATE I MEAN DO WE WANT
TO ENCOURAGE SOCIAL MEDIA. TO DO
LESS OR MORE OFTEN IN WHEN IT
COMES TO REGULATING SPEECH.
I KNOW THAT THE COUPLE CYCLES
AGO I ATTEMPTED -- TO WORK IN A
SIMILAR VEIN AND THAT IS I TRY
TO TACKLE THE ISSUE OF FAKE NEWS.
N. -- OBVIOUSLY IT IN GO GO TOO
FAR BECAUSE YOU KNOW WHEN YOU
WHEN YOU TALK ABOUT FIRST NAME
AND IT'S ALMOST LIKE A MINEFIELD
SO -- SO IT'S IT'S A VERY
DIFFICULT AREA TO KINDA NAVIGATE --
I TO ADMIT BUT I DO WANT TO
COMMEND -- MISTER GALLAGHER FOR
VENTURING INTO AN AREA THAT I
THINK.
NEEDS TO BE LOOKED AT MORE
CLOSELY.
SO I'M THAT'S THE REASON I GAVE
A NINE RECOMMENDATIONS TO A
MEMBERS ARE YOU KNOW FEEL FREE.
TO VOTE THE WAY THEY SO DESIRE.
I YOU KNOW.
I I STILL STRUGGLE WITH THE
DECISION WHETHER TO TO TO
SUPPORT OR NOT BUT I I THINK OUR
I WANT TO STAY CONSISTENT
BECAUSE I I SUPPORTED YOUR BILL
LAST YEAR -- WITH SIMILAR
LANGUAGE AND AND IN HOPES THAT
YOU WILL CONTINUE TO TO LOOK AT
THIS ISSUE MORE CLOSELY BECAUSE
THIS IS AN AREA LIKE I SAID IN A
NOT A LOT OF PEOPLE WANT TO
REALLY VENTURE INTO.
ALSO I ADMIRE YOU FOR THAT --
REGARDLESS OF THE OUTCOME OF
TODAY'S HEARING -- TO SO WITH
THAT I I'M GONNA ASK OUR THE
BILL HAS BEEN MOVED AND SECONDED.
SO -- TO HIT IT SO SUPPOSED TO
GO TO ARTS ENTERTAINMENT THAN
SPORT.
SO -- WITH THAT THE BEST A LOOK
IN THE MIRROR SECRETARY THAT I
CLOSE REALLY QUICK ALSO GO AHEAD
I'M SORRY YOU CAN TRY TO BE AS
BRIEF AS POSSIBLE.
WHAT I'D ASK YOU TO THINK ABOUT
IN YOUR VOTE IS THIS --
EVERYBODY UP HERE ACTUALLY
AGREED THAT THIS IS A PROBLEM
AND IT'S A IT'S A POLICY AREA
THAT WE HAVE.
TO THAT THAT NEEDS WORK RIGHT --
EVERYBODY AGREED ON THAT -- I'M
NOT AWARE OF ANY OTHER VEHICLE
THAT'S ACTUALLY DEALING WITH
THIS ISSUE RIGHT NOW AND SO WHAT
I WOULD SAY IS I MEAN LOOK AGAIN
I'M A REPUBLICAN.
IN THIS LEGISLATURE IT'S NOT
LIKE I'M GOING TO BE ABLE TO
STEAMROLL THIS THING THROUGH --
AND I THINK YOU KNOW FROM
WORKING WITH ME THAT LIKE I'M
VERY OPEN.
TO YOU KNOW DIFFERENT IDEAS HOW
CAN WE PLUG THIS HOW CAN YOU
MAKE IT BETTER JUST LIKE WE'VE
DONE WITH OTHER BILLS TODAY.
HELP ME MOVE THIS ALONG LET'S
WORK ON THAT I THINK A LOT OF
THINGS THAT WERE BROUGHT UP BY
THE OPPOSITION THEY CAN BE
PLUGGED INTO THE TERMS AND
CONDITIONS NUMBER.
ONE BUT WE COULD ALSO WRITE
THESE TYPES OF THINGS INTO THE
BILL AND THESE ARE THE KINDS OF
THINGS THAT WE DO NEED TO
DISCUSS BECAUSE HERE'S THE OTHER
THING WE ALL AGREE ON IT'S BEEN
WEAPONIZED.
IN THE STATUS QUO RIGHT NOW
TODAY OKAY IT'S BEEN WEAPONIZED
UNDER THE CURRENT POLARIZATION
UNDER THE CURRENT.
YOU KNOW PEOPLE GOING INTO THEIR
RESPECTIVE ECHO CHAMBERS THAT'S
WHERE WE'RE VULNERABLE AND
THAT'S WHERE. FOR EXAMPLE THE
MULLER REPORTS SHOW THAT WERE
VULNERABLE.
AND YOU KNOW YEAH THE JUDICIARY
COULD DECIDE THIS ISSUE I THINK.
BY PASSING LEGISLATION IS ONE
WAY TO GET IT TO GET IT TO THAT
LEVEL RIGHT AND HAVE THEM DECIDE.
YOU KNOW ONCE AND FOR ALL HEY
WHAT IS THE SITUATION HERE BUT
THE BOTTOM LINE IS LET'S WORK ON
THIS BECAUSE IT ISN'T BEING.
THERE REALLY ISN'T ANYTHING
RIGHT NOW THAT I THINK IS IS
TRYING TO ADDRESS THIS SO.
AS A COMMITTEE AS MEMBERS IN
THIS BODY.
LET'S TRY AND PUT SOMETHING
TOGETHER THAT REALLY GETS AT AND
STRIKES THAT RIGHT BALANCE.
AND YOU HAVE MY COMMITMENT TO DO
THAT IF WE WERE ABLE TO MOVE
THIS ALONG -- TODAY AND THEN I'D
AS YOU THINK JUST.
SO IMAGINE FOR A SECOND WHAT IF
WHAT IF YOU DID GET BLOCKED.
LIKE WHAT IS SOMETHING THAT YOU
WERE PUTTING OUT THERE SOME IDEA
OR BLOCKED.
UNDER THE CURRENT STATUS QUO OR
SAYING IS YOU HAVE NO RECOURSE
THERE ARE PRIVATE FORM.
NOTHING YOU CAN DO RIGHT.
IF WE'RE GOING TO SAY NO
ACTUALLY THERE IS SOME.
YOU KNOW YOU CAN'T JUST.
COMPLETELY CENTER VIEW POINTS
AND WE'RE GONNA AND WE'RE GONNA
SAY THERE IS NO LEGITIMATE
PUBLIC PURPOSE.
THERE'S NO RECOURSE FOR YOU IF
IF THAT WERE TO HAPPEN TO YOU.
RIGHT SO I MEAN KEEP THAT IN
MIND IS THAT REALLY WHAT WE WANT
TO DO WE WANT TO PUT A PRIVATE
COMPANY WHO HAS A LOT.
HAS A LOT OF SWAY RIGHT NOW ME A
LOT INFLUENCE A LOT OF
COMMUNICATIONS ELECTIONS.
A LOT OF PEOPLE THINK K. THE
ELECTION.
LAST TIME WAS ONE A LOST ON SOME
OF THIS SOCIAL MEDIA STUFF -- DO
WE REALLY WANT TO PUT ALL THAT
IN THE HANDS OF A PRIVATE
COMPANY. TO MAKE THAT
DETERMINATION WHERE THE OTHER I
I THINK THAT'S SOMETHING TO
THINK ABOUT IT'S AT LEAST
SOMETHING TO MAYBE MOVE THIS FOR
A LITTLE BIT.
FURTHER AND KEEP WORKING ON IT
SO WITH THAT I'D ASK FOR YOU.
TO HELP ME MOVE THIS ALONG.
THANK YOU VERY MUCH MADAM
SECRETARY PLEASE CALL THE ROLL.
CHAO HI SO I'D KILEY.
HIGHLY AYE BARKING IN
[inaudible]
BERMAN [inaudible]
CALDERON.
CALDERON NOT VOTING GABRIEL
[inaudible]
GALLAGHER I GALLAGHER I IRWIN.
HELLO AND NOT VOTING OBERNOLTE.
OBERNOLTE AYE SMITH.
SMITH FIVE WEEKS [inaudible]
WICKS.
YOU DO HAVE THE VOTES.
ALL RIGHT.
THANK YOU.
WE'LL KEEP WORKING ON IT.
OKAY ARE WE GONNA LIVE TO CALL
ON AB ONE SIXTY ONE THAT'S
DETAIN BILL PLEASE CALL THE
ABSENT MEMBERS [inaudible]
GABRIEL.
TANGO TANGO ITEM. ELEVEN
THIRTEEN ITEM.
ELEVEN HELLO THIS IS
[inaudible]
ONE SIX EIGHTY ONE SIXTY ONE
TANG [inaudible]
GABRIEL I WICKS [inaudible]
YES MA'AM.
TIME THE BILL HAS SAID.
THE BILL HAS SEVEN VOTES A NOW
LET'S GO TO THE TOP IN THE START
FROM.
NOW THERE'S ANOTHER ONE ON CALL
OKAY ANOTHER ONE I CALL AB SIX
FORTY TWO THAT'S Là M BILL
ITEM NUMBER -- FOURTEEN PLEASE
CALL THE ABSENT MEMBERS.
BAUER-KAHAN I BAUER-KAHAN HI
BERMAN.
BERMAN HI GABRIEL [inaudible]
FORTY HI.
GABRIEL BY GALLAGHER.
THE MOST -- SIX FORTY TWO HAVING
ALUGAR NOT VOTING.
IRWIN -- WHEN I?
NOW LET'S SET UP -- TO ADD ON SO.
THE BILL IS OUT.
ALICE TO ADD ONS LET'S START
FROM THE TOP OKAY AND SHOT WE
START WITH THE CONSENT ITEMS
FIRST.
GO AHEAD -- HEADED OVER TO
AMERICA SECTOR OKAY.
MR BERMAN ON HIM.
ON CONSENT THE CONSENT CALENDAR.
BERMAN HI CALDERON.
CALDERON HI GABRIEL.
GABRIEL HI IRWIN.
IRWIN HI WICKS [inaudible]
WICKS HI [inaudible]
GOING.
TO LET'S START FROM THE TOP.
ITEM ONE KILEY [inaudible]
KILEY II [inaudible]
GABRIEL.
GABRIEL I WHEN -- I WHICH WHAT'S
NOT VOTING
[inaudible]
YEAH.
WHICH WHEN I WENT TO ITEM TWO
THAT'S TERRIBLE GOOD ITEM NUMBER
TWO A. B. EIGHT FORTY SIX BURKE
UP PLEASE CALL THE ABSENT
MEMBERS.
GABRIEL.
ITEM NUMBER.
TWO GABRIEL I GALLAGHER.
GALLAGHER HI WICKS.
WHAT'S NOT VOTING.
GALLAGHER FROM I TO NOT VOTING
WHAT'S THE OKAY.
IT IS.
NINE OKAY THAT WAS THE ITEM
NUMBER TWO BURKE AB EIGHT FORTY
SIX NOW LET'S GO TO ITEM NUMBER.
THREE EVERYTHING IS. FOR ALLAH
[inaudible]
HOW [inaudible]
OKAY THIS.
THE AGENT GENDER [inaudible]
DIFFERENT [inaudible]
HELP. EIGHT FOUR SIX THE LET'S
GO TO ITEM NUMBER THREE A. B.
NINE EIGHT SEVENTY THREE IRWIN.
PLEASE CALL THE ABSENT MEMBERS
GABRIEL.
GABRIEL ARE WICKS.
WICKS NOT VOTING.
LET'S GO TO ITEM NUMBER FOUR
EIGHTY EIGHT SEVENTY FOUR IRWIN
[inaudible]
WICKS.
WICKS NOT VOTING.
ITEM NUMBER FIVE EIGHTY NINE
EIGHTY ONE DAILY PLEASE CALL THE
ABSENT MEMBERS.
CALDERON.
CALDERON HI GABRIEL.
GABRIEL HI WICKS.
LET'S NOT VOTING.
HAVE YOU DOWN -- YOU OKAY
MISSTATED.
GALLAGHER R..
ITEM THEM IT'S GETTING LATE A
ITEM NUMBER SIX AB ELEVEN THIRTY
EIGHT GALLAGHER PLEASE CALL THE
ABSENT MEMBERS.
CALDERON.
CALDERON AYE GABRIEL.
APRIL NOT VOTING WICKS
[inaudible]
WICKS HI.
THAT'S GOOD ITEM NUMBER SEVEN AB
ELEVEN FORTY SIX BERMAN PLEASE
CALL THE ABSENT MEMBERS KILEY
[inaudible]
KILEY ARE. SEVEN AM HI.
BAUER-KAHAN HI.
SMITH.
SMITH HI WICKS.
WICKS NOT VOTING ITEM NUMBER
EIGHT A. B. THIRTEEN FIFTY FIVE
CHAO.
THAT'S THE PLEASE CALL THE UPS
DOES CONSENT SORRY.
OKAY.
ITEM NUMBER NINE AB FIFTEEN
SIXTY FOUR BERMAN PLEASE CALL
THE ABSENT MEMBERS KILEY.
KILEY AYE IRWIN -- WHEN I SMITH
SMITH FIVE WEEKS [inaudible]
PRESS.
WICKS NOT VOTING.
ALL RIGHT ITEM NUMBER TEN HAS
BEEN PULLED ITEM ELEVEN AB ONE
SIXTY ONE TANG PLEASE CALL THE
ABSENT MEMBERS.
THERE ARE NONE THERE ARE NONE.
THAT ONE WAS ON CALL VERY GOOD
NEXT ITEM ITEM NUMBER TWELVE
EIGHTY THREE EIGHTY FOUR CHILD
PLEASE CALL THE ABSENT MEMBERS.
KILEY.
KILEY NO.
GABRIEL.
GABRIEL I IRWIN.
IRWIN HI WICKS [inaudible]
WICKS I ITEM NUMBER THIRTEEN A.
B. -- FIVE NINETY SIX THAT'S ON
CONSENT.
ITEM FOURTEEN AB.
SIX FORTY WAS ON A LONG CAR GOT
IT.
ITEM NUMBER FIFTEEN A. B. THAT'S
ON CONSENT OKAY. SIXTEEN A. B.
TEN THIRTY TO COURT.
PLEASE CALL THE ABSENT MEMBERS
KILEY.
KILEY AYE GABRIEL.
GABRIEL I OBERNOLTE.
OBERNOLTE ARE WICKS.
WICKS ARM.
ITEM NUMBER SEVENTEEN AB ELEVEN
EIGHTY ONE LIMON PLEASE CALL THE
ABSENT MEMBERS SERMON
[inaudible]
AND I ITEM [inaudible] EIGHTEEN
AB -- ELEVEN HUNDRED WIN WIN
NINETY ELEVEN NINETY SORRY.
IRWIN PLEASE CALL THE ABSENT
MEMBERS KILEY.
KILEY AYE GABRIEL.
GABRIEL I OBERNOLTE OBERNOLTE II
WICKS.
WICKS OUR ITEM NUMBER NINETEEN
A. B. TWELVE FORTY TWO OR NGUYEN
PLEASE CALL THE ABSENT MEMBERS
KILEY.
KILEY AYE GABRIEL.
GABRIEL I GALLAGHER.
GALLAGHER AYE WIGS.
WIGS HI.
I AM TWENTY AB TWELVE EIGHTY SIX
MERIT SU CHI PLEASE CALL THE
ABSENT MEMBERS.
KILEY [inaudible]
KILEY NO [inaudible]
GABRIEL.
HI GABRIEL I IRWIN [inaudible]
IRWIN HI.
I THINK WE'RE GOOD ON TWENTY ONE
I DON'T TWENTY TWO EIGHT P. I
SEE ALL THESE ARE ON CONSENT --
EXCEPT ITEM TWENTY FIVE AB
SEVENTEEN EIGHTY TWO CHILD
PLEASE CALL THE ABSENT MEMBERS
[inaudible]
KILEY.
KILEY NOT VOTING [inaudible]
GABRIEL.
GABRIEL ARE GALLAGHER.
GALLAGHER NOT VOTING
[inaudible]
WICKS [inaudible]
WICKS HI.
THANK YOU VERY MUCH MEMBERS AND
MEETINGS ADJOURNED -- YEAH
YEAH [inaudible]
THANK YOU [inaudible]
YEAH [inaudible]
JUST [inaudible]
YEAH [inaudible]
YEAH