ASSEMBLY JUDICIARY COMMITTEE
TODAY'S TUESDAY JUNE EIGHTEENTH
WE DO NOT YET HAVE A QUORUM BUT
WE DO HAVE ENOUGH.
FOR A SUB COMMITTEE SO WE WILL
ACT AS A SUBCOMMITTEE INITIALLY.
WE DO HAVE MISTER LOW HERE'S AN
AUTHOR FOR ACR NINETY NINE SO
WE'LL START WITH ITEM NUMBER
.
ONE MORNING.
GOOD MORNING THANK YOU VERY MUCH
MISTER CHAIR AND COLLEAGUES -- I
AM PROUD TO BE ABLE TO PRESENT
TO OUR ASSEMBY CONCURRENT
RESOLUTION -- NINETY NINE THIS
IS WITH RESPECT TO OF THE WORK
THAT WE'VE DONE ON THE ISSUE OF
CONVERSION THERAPY FOR CONTEXT
AS YOU MAY RECALL IN TWO
THOUSAND AND TWELVE THE STATE OF
CALIFORNIA.
HAD PROHIBITED A CONVERSION
THERAPY THE PRACTICE OF
CONVERSION THERAPY FOR MINORS
EIGHTEEN UNDER A SINCE TWO
THOUSAND AND TWELVE ALL FIFTEEN
PLUS OTHER STATES HAVE ALSO JOIN
IN THIS EFFORT.
AND RECOGNIZING THIS DAMAGING
PRACTICE OUT LAST YEAR -- I
CARRIED A BILL ASSEMBLY BILL --
TWENTY NINE FORTY THREE THAT
WOULD HAVE QUALIFIED TO
CONVERSION THERAPY AS A
FRAUDULENT PRACTICE.
WITH YOUR INDULGENCE IN SUPPORT
AND RECOGNIZING THIS HARMFUL
PRACTICE -- THE HILL WAS
SUCCESSFUL OUT OF THE STATE
ASSEMBLY AS WELL AS THE STATE
SENATE.
AT THE SAME TIME THERE WAS -- AN
OUTPOURING OF INDIVIDUALS WHO
HAD SOME CONCERNS WITH RESPECT
TO HOW THIS MIGHT IMPEDE ON
THEIR RESPECTIVE OF RELIGIOUS
FREEDOMS.
I HAVE A FUNDAMENTAL
DISAGREEMENT WITH THAT -- HAVING
SAID THAT I THINK THAT THERE WAS
A RECOGNITION OF THE HARMFUL
PRACTICE THAT CONVERSION THERAPY.
HAD ON A NUMBER OF CALIFORNIANS
AND THE SAME TIME I TOOK IT UPON
MYSELF TO VISIT.
MANY DISTRICTS THROUGHOUT THE
STATE AT TO LISTEN. TO THE
CONCERNS OF A NUMBER OF
INDIVIDUALS.
AS A RESULT OF THAT A NUMBER OF
LEADERS WITHIN THE EVANGELICAL
COMMUNITY HAD ARTICULATED.
AT THEIR SUPPORT.
OF THE NOTION THAT INDIVIDUAL
SHOULD BE LOVED AND CELEBRATED
AS WHO THEY ARE.
AND LAST YEAR WE HEALTH THAT.
PIECE OF LEGISLATION IN ORDER TO
FORM A WIDER COALITION OF
INDIVIDUALS TO HELP SHINE LIGHT
ON THIS EFFORTS.
AND AS A RESULT WHAT YOU HAVE
HERE TODAY IS A RESOLUTION.
OF THAT TALKS ABOUT THE NOTION
OF THE IMPORTANCE OF LOVING
INDIVIDUALS.
AND I AM PROUD TO SEE THAT A
NUMBER OF EVANGELICAL LEADERS
HAVE ALSO JOINED IN SUPPORT OF
THIS.
A WITH ME TODAY IS --
REPRESENTATIVES FROM A QUALITY
CALIFORNIA AND MOST IMPORTANTLY --
THE FORMER PRESIDENT OF THE
NATIONAL ASSOCIATION OF
EVANGELICALS KEVIN MANOA WHO HAS
ALSO.
POINT PEN TO AN OP ED THE ORANGE
COUNTY REGISTER WITH RESPECT TO
THESE ISSUES AND FINALLY I JUST
LIKE TO SAY JUST BECAUSE I SEE
ANOTHER MEMBER OF THIS COMMITTEE
WHO HAS -- JOINED US HERE --
THAT WE HAVE TAKEN TIME TO MEET
WITH A NUMBER OF STAKEHOLDERS
AND MANY OF YOUR DISTRICTS ON
THIS ISSUE AND AGAIN THIS IN
CAPS LATE THE ESSENCE OF THE
PARTNERSHIPS THAT WE HAVE BEEN
ABLE.
TO CONTINUE TO PROVIDE IN THIS
EFFORT SO WITH RESPECT TO ASK
FOR YOUR SUPPORT AND WOULD.
LIKE TO ALLOW FOR OTHER
ADDITIONAL WITNESSES TO SPEAK IN
SUPPORT AS WELL.
THANK YOU MISTER LOWE AND THERE
ARE AMENDMENTS THAT ARE OFFERED
YOU'RE TAKING THOSE AS YES.
THANK YOU VERY MUCH FOR THE
REMINDER.
THANK YOU ALL RIGHT FIRST WITH
THIS PLACE.
GOOD MORNING TAMMY MARTIN NAY
HERE ON BEHALF OF EQUALITY
CALIFORNIA WHICH FOR TWENTY
YEARS HAS LED THE GOLDEN STATE'S
FIGHT FOR FULL LIVE TO LGBT Q.
EQUALITY.
AND I'M ALSO HERE IN.
RECOGNITION OF SURVIVORS OF SO
CALLED CONVERSION THERAPY WHICH
IS A DANGEROUS AND DECEPTIVE
PRACTICE WITH NO SCIENTIFIC
BASIS AND WHICH CAN CAUSE
LIFELONG DAMAGE.
I AM HERE AS A MEMBER OF THE
LGBTQ COMMUNITY.
WHOSE LGBTQ IDENTITY CANNOT AND
DOES NOT NEED TO BE CHANGED.
AND FINALLY I'M HERE WITH
IMMENSE GRATITUDE FOR THE MANY
HOURS OF COLLABORATION THAT WENT
INTO THIS RESOLUTION.
IN TWO THOUSAND TWELVE EQUALITY
CALIFORNIA CO SPONSORED THE BILL
THAT ULTIMATELY PROHIBITED
LICENSED.
HEALTH PROFESSIONALS FROM
PERFORMING SO CALLED CONVERSION
THERAPY ON PATIENTS UNDER.
EIGHTEEN AND SINCE THEN IT MANY
OTHER STATES HAVE ENACTED
SIMILAR LAWS.
DEMONSTRATING A GROWING NATIONAL
CONSENSUS THAT THESE PRACTICES
ARE DANGEROUS AND DAMAGING.
UNFORTUNATELY THESE PRACTICES
ARE STILL CARRIED OUT BY PEOPLE
WHO ARE INTERESTED TO CARE FOR
THE EMOTIONAL AND PSYCHOLOGICAL
WELL BEING OF OTHERS.
BOTH ACROSS THE COUNTRY AND
RIGHT HERE IN CALIFORNIA.
LGBTQ PEOPLE ATTEMPT SUICIDE OF
MORE OFTEN EXPERIENCE DEPRESSION
MORE OFTEN AND EXPERIENCE
HOMELESSNESS MORE OFTEN.
THAN PEOPLE WHO ARE NOT LGBT Q.
AND WHY IS THAT.
THAT'S BECAUSE WE ARE TOLD BY
PEOPLE AND OUR FAMILIES PEOPLE
IN OUR SCHOOLS. ONE TOO MANY OF
OUR FAITH COMMUNITIES THAT THERE
IS SOMETHING WRONG WITH US.
AND LET ME BE CLEAR IS NOTHING
WRONG WITH ME THERE'S NOTHING
WRONG WITH ANY OF US.
THE NATION'S LEADING
PROFESSIONAL MEDICAL AND MENTAL
HEALTH ASSOCIATIONS HAVE
REJECTED CONVERSION THERAPY AS
UNNECESSARY INEFFECTIVE AND
HARMFUL AND WE RESPECTFULLY ASK
YOU TO DO THE SAME TODAY THANK
YOU.
THANK YOU BUT WE DO HAVE A
QUORUM OF LIKE TO ESTABLISH A
QUORUM PLEASE CALL THE ROLL
STONE.
GALLAGHER.
CHAO I CAN CHIU.
APRIL.
HOLDEN.
KALRA.
EARLY.
MAIENSCHEIN OBERNOLTE
[inaudible]
NORRIS [inaudible]
REYES.
AND NOW THAT WE HAVE A QUORUM I
WILL ALSO ANNOUNCE THAT ITEM
NUMBER.
FIVE EIGHTY THREE TEN HAS BEEN
PULLED FROM.
THE AGENDA TODAY AND ITEM NUMBER
ELEVEN SB THREE OF SIX ALSO HAS
IS OFF CALENDAR FOR TODAY.
ALL RIGHT.
THANK YOU THAT'S WHAT THIS
PLEASE.
THANK YOU MISTER CHAIR.
AND COMMITTEE MEMBERS IT'S A
REAL HONOR TO BE ABLE TO BE HERE
AND TO SPEAK TO ALL OF YOU --
TIME IS VALUABLE I KNOW.
FRANKLY WHEN IN THE UNDERLYING
INTERESTS THAT I HAVE IS TO
CHANGE THE TONE OF THIS ENTIRE
CON CONVERSATION THROUGHOUT
COMMUNITIES THE STATE AND
FRANKLY THE NATION THAT MAY BE A
BIT.
FAR REACHING AND I MAY BE A BIT
NAIVE IN PRESUMING THAT THAT
COULD HAPPEN BUT I THINK IN THE
STATE OF CALIFORNIA IF WE CHANGE
THE TONE HERE IT MAY AFFECT.
OTHERS ACROSS THE COUNTRY I
REALIZE -- HELLO I'M KEVIN MEN
WAY I'M SORRY -- THANK YOU --
FOR THE REMINDER -- I'M REALLY
GRATEFUL TO ASSEMBLY MEMBER LOW
FOR AND THOSE WORKING WITH HIM --
FOR THEIR WILLINGNESS TO
DIALOGUE -- HI COME FROM A
TRADITION THAT IS A CONSERVATIVE
TRADITION IN THE CHRISTIAN
CHURCH.
AND I APPRECIATE HIS WILLINGNESS
TO REMAIN IN DIALOGUE I REALIZE
THAT HE AND MANY OTHER PEOPLE
HAVE FUNDAMENTAL DIFFERENCES
WITH MANY CHRISTIAN CHURCHES --
ESPECIALLY WHAT WE BELIEVE ABOUT --
GOD HUMANITY AND SPECIFICALLY
HUMAN SEXUALITY YET IN SPITE OF
THOSE DIFFERENCES HE HAS BEEN
WILLING TO ENGAGE AND REMAIN
ENGAGED AND I ALONG WITH MANY
PASTORS ARE GRATEFUL FOR THAT.
THE RESOLUTION YOU HAVE IS
BECAUSE OF THAT WILLINGNESS. TO
REMAIN ENGAGED IN HEALTHY
DIALOGUE.
AND I'M HOPEFUL THAT THIS WILL
MARK A PATTERN OF OPEN HONEST
RELATIONAL DIALOGUE AMONG PEOPLE
WITH FUNDAMENTAL DIFFERENCES --
YOU HAVE A LETTER THAT I'VE READ
SO I DON'T -- THAT I'VE WRITTEN
SO YOU DON'T I DON'T NEED TO
REHEARSE THAT -- TOGETHER WE'RE
COMMITTED TO COMPASSIONATE
TREATMENT OF ALL PEOPLE.
HONEST GRACIOUS TREATMENT OF ONE
ANOTHER REFLECTING CHRIST WELL.
I KNOW THAT WE LIVE IN AN
INCREASINGLY PLURALISTIC CULTURE.
I'M ONE PERSON WHO HAS WALKED
ALL MY LIFE -- WITH JESUS CHRIST
AS MY FRIEND AND GUIDE AND I'VE
LIVED UNDER THE AUTHORITY OF
GODS WORD INCLUDING THE BIBLE
AND YET I RECOGNIZE.
THAT I IN THOSE LIKE ME ARE NOT
ALONE.
IN THIS STATE OR THIS NATION
THERE ARE PEOPLE AND EVEN FELLOW
MINISTERS.
WHO DO NOT SUPPORT MY BEING HERE
WITH EVAN AND I ALSO REALIZE
THAT THERE ARE PEOPLE WHO -- DO
NOT SUPPORT EVAN IN HIS BEING
HERE WITH ME AND WITH THIS
PARTICULAR RESOLUTION -- I
RECOGNIZE THAT THERE ARE OTHER
MEASURES THAT YOU AND OTHERS
WILL DEAL WITH WITH WHICH MANY
OF US WILL WILL STRUGGLE AND YET.
I WOULD LIKE TO THINK THAT THIS
PROCESS THIS SMALL MOMENT.
THIS DIALOGUE CAN BE ONE SMALL
WAY TO SIGNAL THAT WE MAY
HONESTLY ENGAGE.
IN HEALTHY DIALOGUE OF INTEGRITY
FROM DIFFERENT STARTING POINTS.
SO I SEEK WAYS TO FULFILL MY
MISSION AND I AM GRATEFUL FOR
THE PROCESS.
AS THIS HAS BEEN ONE WAY I AM
ABLE HOWEVER IMPERFECTLY. TO DO
THAT.
THERE ARE SOME AROUND WHO ARE
NOT SUPPORTIVE AND YET I PRAY
THAT OUR DIALOGUE WILL IN FACT
BRING GOOD TO THE PEOPLE AND IN
MY PRAYER GLORY TO GOD SO I'M
HAPPY TO BE HERE.
I AM HAPPY -- TO OFFER YOU THE
LETTER THAT YOU HAVE AND TRUST
THAT THIS WILL BE A GOOD
INDICATION TO THE STATE.
OF MORAL CALL TO THE STATE
REGARDING THE TREATMENT OF ALL
PEOPLE.
WITH KINDNESS AND GRACE THANK
YOU.
THANK YOU.
OTHERS IN SUPPORT IF YOU GIVE US
YOUR NAME AND YOUR AFFILIATION.
THANK YOU -- JIM WHEN BURKE ON
BEHALF OF THE FRIENDS COMMITTEE
ON LEGISLATION OF CALIFORNIA A
PUBLIC INTEREST GROUP FOUNDED BY
MEMBERS OF THE RELIGIOUS SOCIETY
OF FRIENDS AND A MEMBER OF THE
PROGRESS OF FAITH BASED
COMMUNITY.
IN SUPPORT.
THANK YOU.
GOOD MORNING AMANDA LEAVE YOU
WITH A CALIFORNIA PSYCHOLOGICAL
ASSOCIATION REPRESENTING MENTAL
HEALTH PROFESSIONALS WE WORKED
ON THE ORIGINAL BILL AND WE
SUPPORT THIS RESOLUTION THANK
YOU.
CHAIR MEMBERS CUT THE MUSTARD
WITH THE SAN FRANCISCO AIDS
FOUNDATION IN SUPPORT.
CHECK OF RECORD NATIONAL
ASSOCIATION OF SOCIAL WORK
CALIFORNIA CHAPTER IN SUPPORT.
MAKING ALL RIGHT CALIFORNIA
MEDICAL ASSOCIATION SUPPORT.
ADAM KADMON ON BEHALF OF THE
CALIFORNIA CHARTER SCHOOLS
SOLUTION IN SUPPORT.
STEPHANIE GOLDMAN ON BEHALF OF
THE FACULTY ASSOCIATION OF
CALIFORNIA COMMUNITY COLLEGES IN
SUPPORT.
ROD BRAZENLY PASTORATE FIRST
UNITED METHODIST CHURCH RIGHT
DOWN THE STREET ON JAY STREET
HERE IN SUPPORT.
AB YOUR MERITS AND WE HAVE THE
LATINO COALITION HEALTHY
CALIFORNIA AND SUPPORT.
KAREEM SAID PART OF THE INITIAL
COUNCIL OF SARATOGA IN SUPPORT.
MATHIS CASTRO ON BEHALF OF THE
SEGMENT LGBT COMMUNITY CENTER IN
SUPPORT.
THE SHEPHERD REPRESENTING THE
AMERICAN ASSOCIATION FOR
MARRIAGE AND FAMILY THERAPY
NATIONAL IN CALIFORNIA IN STRONG
SUPPORT.
THANK YOU ANYONE ELSE IN SUPPORT.
I'D SEEN NONE IS THEIR
OPPOSITION.
PRICING NONE OF BRING IT BACK.
TO WE HOPE YOU CAN COME TO THE
TABLE
[inaudible]
THANK YOU
.
HELLO MY NAME IS ELIZABETH
WANTING AND I CO LEAD AN
ORGANIZATION CALLED THE QUIP TO
LOVE.
AND CHANGED.
IT WAS ABOUT THIS TIME LAST YEAR
THAT WE ARE HERE TESTIFYING AT
THE CAPITOL AND HELLO AGAIN.
AND I WISH TO THINK ASSEMBLYMAN
LOW AND LGBT CAUCUS FOR PURSUING
COMMON GROUND THROUGH THIS
RESOLUTION.
AS I TESTIFIED BEFORE.
I CAME OUT AS A LESBIAN IN MY
EARLY TWENTIES AFTER QUESTIONING
MY SEXUALITY FOR SEVERAL YEARS.
WHEN I WAS NEARLY?
FORTY I BEGAN EXPERIENCING A
SHIFT IN MY SEXUALITY AND
MARRIED A MAN.
SOME YEARS AFTER COMING OUT.
AS A LESBIAN I ATTENDED A
PRESBYTERIAN SEMINARY OPENLY
LESBIAN AND BECAME PART OF THE
LGBT AFFIRMING CHURCH MOVEMENT.
WHEN I CAME OUT I WAS AN
ORDAINED ELDER IN MY CHURCH AND
I RECALL?
THE PAINFUL HUMILIATION I
EXPERIENCE WHEN I WAS ASKED TO
RESIGN THAT POSITION BECAUSE OF
MY ORIENTATION.
SO LIKE MANY IN THIS ROOM.
I'VE HAD EXPERIENCES OF SIDEWAYS
GLANCES A HUMILIATING COMMENTS
EVEN THOUGH RIGHT NOW MOST OF
YOU CANNOT IMAGINE THAT IN MY
LIFE.
BECAUSE OF MY EXPERIENCES IN
THOSE OF DEAR FRIENDS I REGARD
THIS RESOLUTION WITH GREAT
CONCERN.
MUCH RESONATES.
BECAUSE OF MY PAST I SEEK TO
GUIDE CHRISTIANS INTO
UNDERSTANDING HONOR AND
COMPASSION FOR LGBT PEOPLE.
NEVER THE LESS.
I TAKE EXCEPTION TO THE BELIEF
THAT RELIGION IS CENTRAL TO THE
HIGH RATES OF SUICIDE AMONG LGBT
YOUTH. FOR ME AND MANY OTHERS
FAITH RESCUED US FROM SUICIDE.
THE EXPERIENCE OF DISCOVERING
YOUR DIFFERENT THAN MOST OTHER
PEOPLE IS DRAMATIC AND TROUBLING
WHETHER YOU HAVE FAITH OR NOT.
HOPELESSNESS CAUSES SUICIDE.
AND AS I STATED LAST YEAR TO
REMIND THE ASSEMBLY THAT THE
LESBIAN EXPERIENCE IS MULTI
FACETED.
THIS RESOLUTION OVERSIMPLIFIES
THE FEMALE EXPERIENCE.
NOT ALL WOMEN WHO IDENTIFY AS
LESBIAN WILL CLAIM THEY WERE
BORN THAT WAY.
AND MOST STUDIES ABOUT
ORIENTATION HAVE FOCUSED ON MEN.
MANY WOMEN WILL EXPERIENCE
SEXUAL FLUIDITY EITHER TOWARD OR
AWAY LESBIANISM DURING THEIR
LIVES AS THE APA CONCEDES.
SOME WOMEN ACKNOWLEDGE THE ROLE
OF SEXUAL ABUSE BY MEN IN THEIR
ORIENTATION.
IN THAT CASE COUNSELING OFFERS
RESOLUTION AND OFTEN RESTORATION.
AND HOW ESSENTIAL THAT IS FOR
GIRLS IN ARMY TO CULTURE.
I WISH TO SAY AGAIN WOMEN AND
GIRLS SHOULD HAVE THE RIGHT TO
SHAPE THEIR OWN SEXUALITY.
IN THE SAME WAY THEY HAVE A
RIGHT TO ABORTION.
THE STATE OF CALIFORNIA SHOULD
NOT BE DICTATING CHOICES ABOUT
THEIR BODIES.
LIKE YOU I SEEK TO CELEBRATE THE
DIGNITY OF ALL PEOPLE I BELIEVE
MANY IN THE CHURCH IN THE FACE
OF THIS CRISIS.
ARE SEEKING WAYS TO
COMPASSIONATELY UNDERSTAND AND
VALUE THE UNIQUE EXPERIENCES OF
LGBT PEOPLE BUT I KNOW BECAUSE
OF MY EXPERIENCE.
AND HUNDREDS LIKE ME THERE'S
MORE THAN ONE WAY TO LIVE WHEN
YOU EXPERIENCE LGBT.
PLEASE REMEMBER THAT THERE ARE
MULTIPLE PASS IT CALIFORNIA MUST
KEEP OPEN FOR PEOPLE LIKE US.
THANK YOU NEXT WITNESS PLEASE.
THANK YOU COMMITTEE MEMBERS
PUSHING YOUR TIME GOOD TO SEE
YOU AGAIN SOMEONE LOW -- I'M A
PASTOR IN IN REDDING.
AND I'VE BEEN MARRIED TO MY WIFE
FOR THIRTEEN YEARS WE HAVE FOUR
CHILDREN TOGETHER -- BUT THAT IS
NOT HOW I STARTED OUT LIFE I A
NEVER EXPERIENCE ANY OPPOSITE
SEX ATTRACTION UNTIL I WAS
AROUND THIRTY THIRTY THREE YEARS
OLD AND THEIR I REMEMBER ONE OF
THE FIRST. ONE OF MY MY BIGGEST
MEMORIES AS A CHILD I WAS
PROBABLY NINE OR TEN YEARS OLD I
WAS FOLLOWING SOME OTHER BOYS
OUT TO A FIELD -- ONE OF THE
BOYS OPEN UP A BIT BOX PULLED
OUT GAY **** SHOWED IT SHOWED IT
TO US.
AND NO ONE HAD EVER TALKED TO
TALK TO ME ABOUT HOMOSEXUALITY
AT THAT POINT THIS IS NINETEEN
EIGHTY ONE OR SO.
NO ONE TO TALK TO ME ABOUT ****.
BUT MY CONSCIENCE WAS DEEPLY
VIOLATED IN WHAT I SAW.
NOW OTHER PEOPLE MIGHT HAVE A
DIFFERENT EXPERIENCE THAN WHAT I
DID.
BUT FOR ME WHAT I WITNESSED WAS
NOT ACCEPTABLE.
MY CONSCIENCE SAID THIS IS NOT
OKAY.
AND YOU SHOULDN'T BE LOOKING AT
THIS.
AND WHAT CONCERNS ME ABOUT THIS
RESOLUTION.
IS IT SYSTEMATICALLY GOES
THROUGH AND AND DISCREDITS ANY
VIEWPOINT OTHER THAN A FIRMING
OF MOVING IN A HOMOSEXUAL
DIRECTION.
SO FOR ANYONE THAT'S EXPERIENCE
ANY ANY MOMENT THIS IS THE WAY I
READ IT ANY MOMENTS OF SAME SEX
ATTRACTION OR MAYBE TRANSGENDER
FEELINGS ARE LIKE THAT ANYTHING
LIKE THAT.
YOU MUST DEFERMENT AND GO THAT
DIRECTION WELL MY LITTLE
CONSCIENCE AS A NINE OR TEN YEAR
OLD BOY.
DID NOT ALLOW ME TO GO THAT
DIRECTION.
AND NOR DID MY CONSCIENCE EVER
ALLOW ME TO GO THAT DIRECTION.
AND THAT'S OUR CONSCIENCES WELL
ADULTS HERE WE DON'T DETERMINE
OUR CONSCIENCES THAT'S THE THING
THAT FIRES OFF.
AT WILL.
I DON'T DETERMINE WHAT I
ACTUALLY BELIEVE DEEP INSIDE.
I CAN OBEY MY CONSCIENCE OR NOT.
AND SO WHAT SCARY FOR ME IS THAT
TWO HUNDRED PLUS YEARS INTO
AMERICA'S.
DEVELOPMENT OF ITS FREEDOMS THAT
WE WOULD BE NOW MOVING TO
SUPPORT ONE INITIATIVE ARE ONE
VIEW POINT SO STRONGLY.
THAT WE WOULD ACTUALLY ERODE A
PEOPLE GROUPS.
RIGHTS.
CONVICTIONS.
AND THERE ARE MANY PEOPLE
[inaudible]
FIND.
RESPITE IN ELBA LGBT COMMUNITY.
THERE ARE ALSO MANY PEOPLE THAT
HAVE TRIED THAT AND IT DID NOT
BRING WHAT THEY WERE LOOKING.
FOR WE WE ENCOUNTER THOSE PEOPLE
ALL THE TIME THIS BOOK THAT WE
MADE FOR YOU GUYS AND GIRLS --
INCLUDES FIFTY OF THE STORIES OF
FRIENDS LIKE OURS WE KNOW
HUNDREDS OF PEOPLE.
THAT FOUND FULFILLMENT IN MOVING
AWAY FROM THAT.
I HAD I HAD A A GIRL THAT CAME
UP TO ME AT THE END OF MY
MINISTERING.
IN A CHURCH SERVICE A FEW MONTHS
AGO AND SHE SAID.
SHE CAME OUTSHE WAS SHE WAS
IT'S HARD TO TELL WHETHER SHE
WAS MALE OR FEMALE.
AND SHE SHE CRIED AND SHE SAID.
SHE SAID FOR ANYONE TO REFER TO
ME AS A HE OR A SHE FEELS LIKE
I'M BEING STABBED WITH KNIVES.
AND SHE CRIED AND I PRAYED FOR
HER.
USING NOPE NO GENDER PRONOUNS.
BUT WHAT SHE WAS ASKING FOR ME
WAS NOT THAT I USE THE RIGHT
PRONOUNS.
WHAT SHE WAS SAYING IS CAN YOU
HELP ME?
BECAUSE SHE WASN'T FEELING OKAY
WITH HERSELF.
NO MATTER HOW SOMEONE REFERRED
TO HER SHE NEED HELP.
SHE NEEDED THE CHURCH SHE NEED
PROFESSIONAL HELP [inaudible]
IN.
SO A SOMEONE -- I AM I'M ASKING
YOU.
YOU MAY HAVE THE VOTES TO PASS
THIS BUT I DON'T BELIEVE THAT
YOU HAVE THE RIGHT. TO
PRESUPPOSE PEOPLE'S CONSCIENCES
OR TO TELL THEM WHAT THEY NEED
TO BELIEVE I TOTALLY SUPPORT.
YOUR RIGHT AND EVERYONE YOU
REPRESENT TO EXPERIENCE WHATEVER
IN LIFE THAT YOU'D LIKE TO I
HAVE NO INTENTION TO TAKE THAT
AWAY.
I JUST AM ASKING THAT MY RIGHT
TO MY PEOPLE GROUP WOULD ALSO BE
RESPECTED.
SO I ASKED FOR A NO VOTE ON THIS
RESOLUTION.
THANK YOU THANK YOU AND I'LL ASK
WITNESSES TO ADDRESS THE
COMMITTEE NOT INDIVIDUAL MEMBERS
PLEASE THIS IS NOT A TIME FOR
DIALOGUE WITH INDIVIDUAL MEMBERS.
OR ANY OTHER OPPOSITION.
AND YOUR AFFILIATION PLACE A
GREAT BURKE CALIFORNIA FAMILY
COUNCIL IN OPPOSITION THANK YOU.
CARMEN FOUGHT ON BEHALF OF THE
QUICK TO LOVE I OPPOSE.
KRISTER SAM'S ON BEHALF OF
EQUIPPED TO LOVE AND I OPPOSE.
PASTOR MIKE ROGERS I OPPOSE.
BASED ON GOD'S WORD STILL.
HI A EVAN MAINTAIN I APOLOGIZE
FOR BEING LATE A MOCKS ACTUALLY
ON THE SUPPORT SIDE AND WITH
VOICES FOR PROGRESS WERE IN
STRONG SUPPORT OF THIS
RESOLUTION AND THINK ASSEMBLY
MEMBER LOW FOR BRINGING THIS
FORWARD.
THANK YOU ANYONE ELSE IN
OPPOSITION.
ALL RIGHT SEE NONE OF BRING IT
BACK TO THE COMMITTEE.
TIONS COMMON.
MISTER GALLAGHER.
NONE SO I WANT TO THANK THE
AUTHOR WE'VE HAD SOME.
GOOD DISCUSSIONS OF LAST YEAR --
WITH HIS LEGISLATION AND AND I
HAVE GIVEN HIM CREDIT AND I
CONTINUE TO GIVE HIM CREDIT. FOR
HE DID HAVE THE VOTES HE COULD
HAVE PUSHED THROUGH THAT BILL
LAST YEAR -- AND YOU KNOW BUT I
THINK SAW THE VALUE IN HAVING
DIALOGUE AND HAVE A DISCUSSION
ESPECIALLY WITH THE FAITH
COMMUNITY THAT.
THE OTHER IS IMPACTED BY THIS
AND SO I YOU KNOW I WANT.
TO AGAIN GIVE THE AUTHOR CREDIT
FOR THAT YOU KNOW THIS YEAR HE
AND I HAVE NOT HAD AN
OPPORTUNITY REALLY TALK MUCH
ABOUT THIS NOT NOT TO ANY BODIES
FAULTS BUT JUST.
WERE ALL BUSY WITH DIFFERENT --
ISSUES -- SO THIS IS KIND OF OUR
THE FIRST TIME WE'VE BEEN ABLE
TO DISCUSS THIS RESOLUTION --
YOU KNOW I THINK.
I THINK FOR ME LIKE I WANT TO
CONTINUE THIS DIALOGUE I THINK
IT'S IMPORTANT AS MR MANILA
BROUGHT UP TO THE THAT THE
DIALOGUE DOES CONTINUE.
I THINK SOME OF THE THE CONCERNS
THAT I HAVE WITH THE RESOLUTION
AS IT IS RIGHT NOW IS IT IT
SEEMS. TO ME TO LUMP.
ALL PRACTICES INTO A DAMAGING
CONVERSION THERAPY -- YELLOW.
BAND IF YOU WILL -- AND I DON'T
THINK THAT ALL PRACTICES ARE YOU
KNOW AND I THINK THAT THERE ARE
LEGITIMATE PRACTICES OF FAITH
AND I THINK YOU I THINK YOU SEE
THAT -- TOO THAT THE THAT THERE
ARE LEGITIMATE PRACTICES OF
FAITH -- THAT ARE DONE IN A
LOVING AND COMPASSIONATE -- WAY --
AND YOU KNOW WE DO NEED TO
RESPECT RELIGIOUS FREEDOM AND I
DON'T SEE.
YOU KNOW A FIRM STATEMENT OF
THAT IN THIS RESOLUTION THAT HEY
PEOPLE ARE YOU KNOW FREE TO
PRACTICE THEIR FAITH AS THEY
BELIEVE AND AND THAT GOES TO
PEOPLE FROM ALL DIFFERENT WALKS
OF OF LIFE -- I THINK THE OTHER
CONCERN THAT I HAVE IS JUST --
ANY TIME THAT WE AS A GOVERNMENT
ARE SORT OF TELLING.
FAITH LEADERS ARE TELLING A
CHURCH.
YOU KNOW HOW THEY SHOULD
OPERATOR HOW THEY SHOULD GO
ABOUT PRACTICING THEIR FAITH.
YOU KNOW WE IN THE JUDICIARY
COMMITTEE OBVIOUSLY OUT TO BE
PRETTY CONCERNED.
ABOUT PROTECTING THE FIRST
AMENDMENT THAT YOU KNOW THAT THE
FREE EXERCISE OF RELIGION SHOULD
NOT BE ABRIDGED -- AND EVEN A
EVEN IF EVEN IN A BUT NINE WAY
AS THIS I THINK THIS.
WE CAN ALL AGREE ON TREATING
PEOPLE EQUITABLY WANT TO MAKE
SURE THAT PEOPLE ARE ARE TREATED
ACTED WITH THE PEOPLE ARE FIRMS.
THAT PEOPLE ARE UP LIFTED --
THAT PEOPLE APPROACH THINGS FROM
OF A PLACE OF LOVE AND
COMPASSION -- EVEN THOUGH I
MIGHT AGREE ABOUT THAT I THINK
IT'S TROUBLING WHEN WE START.
WE AT LEAST HAVE.
TO I THINK SHOULD BE CONCERNED
IMPOSSIBLE BUT WHEN WE AS A
GOVERNMENT BODY ARE STARTING.
TO MAKE ADMONITIONS TO CHURCHES
AND RELIGIOUS AND AND AND THE
PASTORS CLERICS.
RELIGIOUS LEADERS IF YOU WILL --
BECAUSE I THINK WE HAVE THAT IS
A SLIPPERY SLOPE LIKE HOW FAR DO
WE TAKE THAT TO WE START AS A
GOVERNMENT START.
ADMONISH TEEN OR TELLING IN
FAITH LEADERS WHAT TO DO OR HOW
THEY SHOULD PRACTICE THEIR FAITH --
AND I THINK YOU YOU KNOW YOU'VE
HEARD FROM PEOPLE THAT HAD IF
THEY'VE HAD A DIFFERENT
EXPERIENCE -- AND I THINK THAT'S
VERY IT SEEMS TO HAVE BEEN YEAR --
YOUR MANTRA THAT HEY YOU WANNA
RESPECT EVERYBODY'S DIFFERENT
EXPERIENCES AND THAT WE DO LIVE
IN A PLURALISTIC SOCIETY AND SO
THEREFORE WE DO ALSO NEED TO
RESPECT.
THAT PEOPLE HAVE DIFFERENT
EXPERIENCES WITH THIS ISSUE --
AND AND RESPECT PEOPLE'S RIGHT
TO PRACTICE THEIR FAITH -- YOU
KNOW AS THEY AS THEY DECIDE TO
DO YOU KNOW AND IN THEIR
CONGREGATIONS WITH THEIR FAITH
COMMUNITY -- SO.
YEAH I'D LIKE TO IF WE COULD
WORK ON SOME OF THE LANGUAGE TO
THAT TO THAT EXTENT -- YOU KNOW
I DON'T SEE THAT IN THE
RESOLUTION RIGHT NOW BUT YOU
KNOW. FOR ME THAT'S THOSE ARE MY
CONCERNS [inaudible]
THE STRESS.
THANK YOU MISTER CHAIRMAN.
THANK YOU MISTER CHAIR.
AT LAST YEAR WILL END OF THE
BILL WAS INTRODUCED ON REGARDING
CONVERSION THERAPY.
I APPLAUDED THE AUTHOR FOR GOING
TO SO MANY OF OUR COMMUNITIES
BECAUSE THERE WERE MANY IN OUR
FAITH COMMUNITIES THAT HAVE
QUESTIONS.
pWILLINGNESS.
NOT ONLY TO GO BUT TO ACTUALLY
GO AND TO MEET WITH THE STATE
LEADERS.
WHO WERE COMPLETELY OPPOSED?
YOU'RE RIGHT THE AUTHOR HAD THE
VOTES.
AND THE AUTHOR DECIDED TO
CONTINUE THAT DIALOGUE MUCH TO
HIS CREDIT.
I THINK THAT IT IF IT PASTOR
YOUR YOUR COMMENTS EXTREMELY
IMPORTANT.
BECAUSE THEY WERE NOT SAYING
THIS IS ALAW THAT'S GOING TO
FORCE ANYBODY TO DO ANYTHING.
THIS IS A RESOLUTION. FOR THOSE
IN IN THE IN THE FAITH BASED
COMMUNITY BECAUSE YES THEY ARE
THE CAUSE OF THE SUICIDE.
BUT MANY PEOPLE DO SEEK THE THE
ATTENTION AND THE AFFIRMATION
FROM THE VERY CHURCHES WHERE
THEY WERE RAISED.
IT IS AN IMPORTANT STEP.
I THINK THAT -- WITH THOSE A
COMMENT ABOUT A MORAL CALL. TO
THE PEOPLE TO DIALOGUE AND TREAT
EACH OTHER TREAT EACH PERSON
WITH RESPECT AND DIGNITY.
THAT'S EXACTLY WHAT THIS
RESOLUTION IS ALL ABOUT.
IS AFFIRMING THAT WE AS
CALIFORNIANS WANT EVERYONE
INCLUDING OUR FAITH BASED
COMMUNITY AND INCLUDING A VERY
VERY SPECIFICALLY IN THIS
RESOLUTION WE WANT ALL
CALIFORNIANS TO TREAT EACH OTHER
WITH RESPECT.
AND DIGNITY.
WETALKED ABOUT OF FUNDAMENTAL
DIFFERENCES.
I'VE GOT TO TELL YOU THAT THE
PERSISTENCE IS EXTREMELY
IMPORTANT HERE.
BECAUSE THIS THIS IS TOO
IMPORTANT AN ISSUE TO JUST SAY
OKAY I'M GOING TO CONTINUE
DIALOGUING TILL I'M OUT OF
OFFICE.
THIS IS TOO IMPORTANT TO TOO
MANY PEOPLE IT AFFECTS TOO MANY
PEOPLE AND IT IS IMPORTANT TO
HAVE SOMEONE WHO WILL TALK ABOUT
THIS HEALTHY DIALOGUE WITH
DIGNITY AND RESPECT.
THE THE THE ONE THING THAT WE
HEAR ABOUT OFTEN IS LOVE IS LOVE.
AND IF LOVE IS LOVE THEN THIS IS
THE RESOLUTION WE DO NEED TO
PASS SO I I AM AS A ONE ONE OF
MANY OF YOUR CO AUTHORS.
I STRONGLY SUPPORT THIS
RESOLUTION [inaudible]
THANK YOU [inaudible]
MAIENSCHEIN.
THANK YOU.
AND YOU KNOW JUST SORT GOING
THROUGH THIS IN REVIEWING THIS
ACTUAL IS GOING TO SPEAK BUT I
WANT.
TO SORT OF ADD MY VOICE TO THIS
AND TALK ABOUT WITH THIS THIS
ACTUALLY DOES -- THE TO THE IF
YOU ACTUALLY READ.
THE THE DOCUMENT ITSELF IT SAYS
IT RESOLVES THE RESOLUTION CALLS
UPON ALL CALIFORNIANS TO EMBRACE
THE INDIVIDUAL AND SOCIAL
BENEFITS OF FAMILY AND COMMUNITY
ACCEPTANCE.
GOOD I MEAN I THINK THAT.
CRAP IN I'M NOT A RELIGIOUS
EXPERTS -- BUT THAT PRETTY MUCH
CROSSES ALL RELIGIONS --
TEACHINGS AND THEN SECONDLY
CALLS UPON RELIGIOUS LEADERS TO
COUNTS ON LGBT Q. MATTERS FROM A
PLACE OF LOVE COMPASSION AND
KNOWLEDGE OF THE PSYCHOLOGICAL
ANOTHER HARMS OF CONVERSION
THERAPY.
AGAIN -- PRETTY SIMPLE NOT.
TAKING THAT NOT BANNING
SOMETHING IN NOT HAVING
GOVERNMENT.
PUT ITS THE IN -- IN A PLACE
MAYBE THAT IT SHOULDN'T AND
FINALLY CALLS UPON ALL PEOPLE
AND INSTITUTIONS IN CALIFORNIA
IN ADDRESSING THE STIGMA OFTEN
ASSOCIATE WITH PERSONS WHO
IDENTIFIES LGBT Q.. TO MODEL
EQUITABLE TREATMENT OF ALL
PEOPLE AGAIN A PRETTY SIMPLE I
THINK BASIC.
KIND -- COMING FROM A KIND
LOVING PLACE THAT WROTE THAT
RELIGION COMES FROM -- TO SO.
YOU KNOW I THINK THAT THIS IS --
CONSISTENT WITH THE VALUES OF
THE LEGISLATURE THESE CONSISTENT
WITH THE VALUES OF THE PEOPLE OF
CALIFORNIA -- I'M CERTAINLY
HAPPY TO SUPPORT THIS TODAY --
AND I WANT TO THANK THE AUTHOR
FOR BRINGING IT I THINK THIS IS
SOMETHING THAT'S IMPORTANT -- TO
REFLECT THAT.
WHERE PEOPLE COME FROM ON THIS
SHOULD BE COMING FROM A PLACE OF
COMPASSION SHOULD BE COMING FROM
A PLACE OF LOVE AND RESPECT TO
WHOEVER'S COMING BEFORE -- WE'RE
ALL EQUAL CITIZENS IN THE STATE.
I'M REGARDLESS OF SEXUAL
ORIENTATION -- AND SO I THINK
THIS IS IMPORTANT I'M GLAD THAT
YOU BROUGHT THIS AND I THINK
THAT.
IF YOU LOOK AT THE ACTUAL
LANGUAGE NOT WHAT MAY MAY BE.
OTHER INTERPRETATIONS OF IT
SOMEHOW THAT I'VE GOTTEN OUT IN
THE MEDIA OR OTHERWISE IF YOU
LOOK AT WHAT THIS SAYS IT
ESSENTIALLY SAYS TREAT PEOPLE
WITH COMPASSION.
THAT'S REALLY WHAT THIS.
IF YOU SOME THE SEPT TREAT
PEOPLE WITH COMPASSION THAT'S
SOMETHING -- I THINK THAT THIS
LEGISLATURE SHOULD STRONGLY
STAND FOR SO VERY HAPPY SUPPORT
THIS TODAY.
THANK YOU THIS FEATURE NORRIS.
I JUST WANTED TO ADDRESSING ONE
OF THE COMMENTS THAT YOU MADE --
IN YOUR REMARKS.
YOU SAID THAT THAT.
NONE OF US IS THAT WE HAVE NO
RIGHT TO PRESUPPOSE PEOPLE'S
CONSCIENCE.
AND I THINK THAT THAT'S A
SENTIMENT THAT WE WERE ALL WHOLE
HEARTEDLY AGREE WITH AND I THINK
THAT IS VERY MUCH.
WHAT THIS RESOLUTION IS SAYING?
SO I'VE GOT I'VE GOT TWO
CHILDREN THEY ARE TEN AND TWELVE
YEARS OLD.
WHAT EVER THEIR PATH WHATEVER
THEIR AFFILIATION?
YEAH.
HOWEVER THEY GO THROUGH IN OF
THEIR IN THEIR PATH TO ADULTHOOD.
I DON'T WANT.
ANYONE OF FAITH LEADER.
COMMUNITY LATER I DON'T ANYONE.
JUDGING NOT.
OR RELATING TO THAT AS A PROBLEM
THAT NEEDS TO BE CHANGED OR
SOMETHING THAT NEEDS TO BE
CONVERTED.
SO AS A MOTHER I AM VERY VERY
HAPPY TO SUPPORT THIS RESOLUTION
AND AS A LEGISLATOR I'M VERY
HAPPY TO SUPPORT THIS RESOLUTION.
THANK YOU NO ONE ELSE.
RIGHT SEEING NONE MISTER LOOMING
CLOSE.
THANK YOU VERY MUCH OF FOR THAT
FOR THE COMMENTS AS WELL --
FIRST OUT ONE TWO I THANK OF
KEVIN I KNOW OF FOR HIS
ENGAGEMENT ON THIS ISSUE WHAT
YOU HAVE BEFORE US HERE IT WAS
IS NOT.
THAT THE PRODUCT YOU HAVE BEFORE
YOU IS NOT.
A DOES NOT COME EASILY -- THERE
WERE MANY OF CONVERSATIONS A
MANY MANY CONVERSE VERY
DIFFICULT CONVERSATIONS TO WHICH
FRANKLY THEY WERE.
TIME TO WHICH I THOUGHT THIS
COULD BE POSSIBLE THAT WE WOULD
RESPECTIVELY WALK WALK AWAY.
A BECAUSE THE DIVIDE WITH TWO
GREAT -- BUT AS A RESULT OF THE
WORK IN THE CONVERSATIONS AND OF
THE SHARED VALUES -- BE REALIZE
THAT WE HAVE MUCH MORE IN COMMON
THAN WE HAVE THAT OF DIFFERENCES.
AND AGAIN IF I CAN JUST READ.
THE OP ED THAT KEVIN READ AND
AGAIN KEVIN'S POSITION IS FORMER
PRESIDENT OF THE NATIONAL
ASSOCIATION OF EVANGELICALS AND
IS A FORMER BISHOP OF THE FREE
METHODIST CHURCH.
AND HE STATED THAT REPAIRED OF
THERAPY IS WITHOUT EVIDENCE TO
IS EFFICACY AND IT IN CONSISTENT
WITH CHRISTIAN LIVING.
WE SUPPORT THIS OPPOSITION TO
THIS PRACTICE BECAUSE THAT HARMS
PEOPLE.
THIS IS CONTRARY TO THE NATURE
OF THE CHRISTIAN MESSAGE WHICH
WHILE CALLING FOR THE CHANGE OF
ALL PEOPLE TO BE AUDITED
ORIENTED TOWARD CHRIST.
EVEN AT GREAT SACRIFICE NEED THE
FAVORS NOR SUPPORTS ANY PRACTICE
THAT CAUSES HARM.
AGAIN I THINK TO THE POINT THAT
OUR COLLEAGUES MADE THE NOTION
OF CONVERSION THERAPY IS
ANTITHETICAL TO MY VERY
EXISTENCE MY VERY BEING.
SITTING HERE -- THAT WE SHOULD
BE LOVED AND CELEBRATED AND THAT
THERE'S SOMETHING INHERENTLY
WRONG THAT SOMETHING SHOULD BE
CHANGED THERE'S NOTHING WRONG
WITH.
INDIVIDUALS LIKE MYSELF --
MEMBERS OF THE LGBT COMMUNITY.
AND AGAIN WHAT YOU HAVE HERE IS.
AN EFFORT A TRANSFORMATIVE
EFFORT I BELIEVE TO SAYING THAT.
MEMBERS OF THE RELIGIOUS
COMMUNITY AND MEMBERS OF
RELIGIOUS FAITH CAN HOLD HANDS.
CAN HOLD HANDS WITH MEMBERS OF
THE LGBT COMMUNITY -- THAT WE
CAN GET AWAY FROM WHAT WE SEE AT
THE NATIONAL LEVEL AND THAT OF
DIVIDE PUT OF COMMONALITY -- AND
SO THIS IS THE ESSENCE OF LOVE.
THE DIGNITY INCLUSION AND
RESPECT FOR ALL PEOPLE AND I
WOULD ASK YOUR VOTE.
AND JOINING US WITH THAT LOVE
AND RESPECT.
THANK YOU THANK YOU WE DO HAVE A
MOTION TO SECOND THE MOTION AS
THE IS THAT THE RESOLUTION BE
ADOPTED AS AMENDED CALL THE ROLL
PLEASE STONE BY STONE AYE
GALLAGHER.
GALLAGHER NO CHAO.
CHAU AYE CHIU.
GABRIEL HOLDEN KALRA.
KALRA AYE KILEY.
KILEY NO MAIENSCHEIN MAIENSCHEIN
I OBERNOLTE [inaudible]
PETRIE-NORRIS.
PETRIE-NORRIS I REYES.
REYES AYE.
WE NEED ONE MORE SCHOOL PUT THEY
RESOLUTION A CALL [inaudible]
THANK YOU.
NEXT AUTHOR IS CENTER WHITE
HOUSE KEY AS HE COMES UP I'LL
TAKE A MOTION ON THE CONSENT
AGENDA.
DO YOU HAVE A MOTION AND A
SECOND CALL THE ROLL PLEASE
STONE BY STONE AYE GALLAGHER.
GALLAGHER I CHOW.
CHOW I CHIU.
GABRIEL.
HOLDEN.
KALRA.
KALRA AYE KILEY.
KILEY AYE MAIENSCHEIN
MAIENSCHEIN I OBERNOLTE
OBERNOLTE I PETRIE-NORRIS.
PETRIE-NORRIS I RAIL.
GRAY SIDE.
THOSE ARE OUT THAT IS ITEM
NUMBER TWELVE SB THREE OH EIGHT
JONES AND ITEM NUMBER THIRTEEN
SB FOUR NINETY SIX MORE LOCK.
AND BEFORE WE DIVE DEEP INTO THE
BY BY CASKEY SO I WOULD JUST
LIKE TO POINT OUT.
THAT THE WHO HAS THREE BILLS
BEFORE US TODAY.
THAT ADDRESS THE REPUBLICAN
CONSULTING THIS IS UNDERSTAND
YOUR LAST MEETING WITH US TODAY.
YOU HAVE BEEN.
ELEVATED TO A POLICY FOR THE
REPUBLIC I KNOW IF THAT'S AN
ELEVATION HAVING TO LEAVE THIS
COMMITTEE OR NOT BUT WE'LL LEAVE
THAT UP TO YOU.
I THINK YOU'VE BEEN THE
CONSULTANT SINCE I'VE BEEN ON
THIS COMMITTEE FOR THIS IS NOW
MY SEVENTY YEAR AND I JUST WANT
TO SAY THANK YOU FOR YOUR
SERVICE.
NOT JUST OF THE CAUCUS BUT TO
THE COMMITTEE YOU FAN FAIR
YOU'VE BàN EASY TO TALK TO
ABOUT ISSUES.
I THINK THE STAFF HAS VERY VERY
MUCH APPRECIATED WORKING WITH
YOU AS WE TRY TO SORT OUT OUR
ISSUES AND OUR DIFFERENCES ON A
LOT OF BILLS SO FOR FOR YOUR
GREAT SERVICE THE PEOPLE
CALIFORNIA I SAW SAY THANK YOU.
VERY MUCH AND I WISH YOU WELL IN
YOUR NEXT ENDEAVORS FOR THE
CAUCUS AND I CERTAINLY HOPE THAT
WILL BE.
SEEING YOU AGAIN IN HERE AND
THAT YOU CAN HELP OUT WITH
ISSUES ON THE JUDICIARY
COMMITTEE.
SO THANK YOU.
IT'S GOT.
THANK YOU MISTER CHAIRMAN I JUST
WOULD LIKE TO ECHO THOSE THOSE
COMMENTS -- YOU KNOW.
THIS DRESS BEEN A PLEASURE --
YOU KNOW WORKING WITH YOU AND
THANK YOU FOR YOUR YOUR YOUR OF
YOUR CONSISTENT GET ADVICE ON
THIS COMMITTEE -- AND I AS I
SAID I THINK THERE'S BEEN A VERY
COLLABORATIVE -- NO EFFORT ON
BEHALF ON BEHALF OF BOTH OF OUR
RESPECTIVE STAFFS ON THIS
COMMITTEE -- YOU KNOW TRYING TO
GET TO THAT RIGHT ANSWER
OBVIOUSLY YOU KNOW THAT THEIR
TIMES AND WE DISAGREE -- BUT BUT
CERTAINLY I THINK WE'VE HAD THE
BENEFIT OF SOME GREAT STUFF.
WORKING ON THIS COMMITTEE AND IN
ADVISING ALL OF US UP HERE AND
AND AND SO I I TO JUST WANT TO
GIVE MY AND MY THANKS.
AND BEST OF LUCK TO YOU IN THE
FUTURE.
NOW TO A FORMER ASSEMBLY
JUDICIARY CHAIR SENATOR WHITE
HOUSE SKI MISTER DRESS I WOULD
NOT WANT.
TO EMBARRASS YOU ANYMORE BUT HE
REPEATED A GOOD JOB WHEN I WAS
ON THE ASSEMBLY JUDICIARY
COMMITTEE ALSO SO.
GOOD LUCK IN YOUR NEXT ENDEAVOR
BUT BEFORE US IS SB THREE OH
THREE MISTER CHAIR MEMBERS WILL
TAKE ITEM NUMBER FOUR SB THREE
OH THREE AND THIS THIS MEASURE
WILL INCREASE PROTECTIONS. FOR
TWO CONSERVATIVES ESSENTIAL
ASSETS THE BENEFITS AND THE
RESIDENTS BASICALLY SB THREE OH
THREE CLARIFIES EXISTING LAW
WHICH GENERALLY PROTECTS
CONSERVANCY'S GOVERNMENT -
BENEFITS FROM BEING USED TO PAY
CONSERVATIVES FEES ADDITIONALLY
THE BILL STRENGTHENS THE STATUTE --
CONCERNING THE SALE OF EVERITT A
CONSERVER THESE RESIDENTS BY
RICK REQUIRING A SHOWING OF A
CLEAR AND CONVINCING EVIDENCE TO
THE COURT FOR THE NEEDIN THE
BENEFIT OF THE SALE.
THE BILL ALSO REQUIRES THAT THE
COURT BE NOTIFIED AND PROVIDED
SPECIFIC DETAILS ABOUT THE
PROPOSED SALE OF A CONSERVE
THESE RESIDENTS -- BEFORE THE
CONSERVATIVE DEVOTES ANY
SIGNIFICANT RESOURCES TOWARD
TOWARD SAID WELL THE SALE OF A
CONSERVATIVE HE'S RESIDENTS MAY
BE NECESSARY IN CERTAIN CASES A
WE MUST AND SHOULD.
ENSURE THAT IT'S STRICTLY IN THE
BEST INTERESTS OF THE
CONSERVATIVE E. AND WITH ME TO
TESTIFY IS.
VENUS GUESTS AND CURTIS CHILD
WITH THE DISABILITIES RIGHTS --
CHAT ABOUT.
THANK YOU.
WE DO HAVE A MOTION AND A SECOND
FIRST WITNESS PLEASE.
VENUS AND MICROPHONE IF YOU WILL
YES HI MY NAME IS VENUS GUESTS
AND GLAD TO BE HERE TODAY HELLO
TO THE COMMITTEE.
I'M STRONGLY IN SUPPORT OF
SENATE BILL THREE ZERO THREE DO
TO THE ABUSE OF MY ELDERLY
PARENTS FINANCES AND THE
PLUNDERING OF THERE IS STATE BY
ALAMEDA COUNTY SUPERIOR COURT IN
BERKELEY.
CONSERVATIVE MICHELLE TURN IN AN
ATTORNEY'S RUBINSON.
AND CRISTINA NOW CHAU JIAN.
CHAU TARIAN MY MOM'S TEMPORARY
CONSERVATOR IS A MEMBER OF THE
P. FACT.
THIS P. FAC MEMBER WAS APPOINTED
TO BECOME THE SUCCESSOR TRUSTEE
OF MY FAMILY'S LIVING TRUST FOR
THE SOLE PURPOSE OF COLLECTING
SOCIAL SECURITY BENEFITS.
AFTER MY MOTHER WAS RELEASED
FROM THE TEMPORARY
CONSERVATORSHIP.
THE ALAMEDA COUNTY SUPERIOR
COURT IN BERKELEY CALIFORNIA
JUDGE THOMAS REARDON AWARDED
APPROXIMATELY SIXTY THOUSAND
DOLLARS IN FEES FOR NINETY DAY
TEMPORARY CONSERVATORSHIP
WITHOUT INVENTORY AND FAILURE TO
PROVIDE OUR FAMILY AN UPDATED
ITEMIZED ACCOUNTING.
OF THE CORRECT FEES OWED.
THESE CLAIMS TO BE OWED
FLUCTUATED FROM TEN THOUSAND
DOLLARS TO ALMOST SIXTY THOUSAND
DOLLARS AFTER JUDGE THOMAS
REARDON DROP THE TEMPORARY
CONSERVATORSHIP.
CASE IN FEBRUARY TWO THOUSAND
AND EIGHTEEN UPON THE TEMPORARY
CONSERVATORSHIP ONE MY MOM
SOCIAL SECURITY BENEFITS WERE
BEING SEIZE WITH THE COURT'S
APPROVAL.
AN APPARENT VIOLATION OF FEDERAL
REGULATION FAMILY WAS FORCED TO
PROVIDE FOR FOOD PUTTING A
BURDEN ON THE REST OF THE FAMILY.
AT THE CENTER TRUSTEES THE PFA
SEE MEMBERS SERVED A NOTICE OF
PROPOSED ACTION ON MY PARENTS
THE BENEFICIARIES OF THE FAMILY
TRUST THREATENING TO SELL MY
PARENTS PROPERTY WORTH EIGHT
HUNDRED THOUSAND DOLLARS.
THIS WAS AFTER MY CHAU TERRON IN
AND HER ATTORNEYS TOOK MOST OF
THEIR FEES AND THE BALANCE LEFT
WAS JUST SEVENTEEN THOUSAND
DOLLARS.
THE CAPITAL GAINS TAX ALONE
WOULD BE A COUPLE OF HUNDRED
THOUSAND DOLLARS.
I URGE YOU TO VOTE IN FAVOR OF
SB THREE OH THREE TO PROTECT OUR
ELDERLY AND DEPENDENT ADULTS
FROM ABUSE OF THEIR ASSETS AND
TO CONSIDER THE HUMAN FACTOR OF
CARING ABOUT WE THE PEOPLE.
AND KEEPING PEOPLE OUT OF HARM'S
WAY FROM SYSTEMS WITH THE GREGIS
AND CORRECT ACTIONS TOWARDS THE
PEOPLE.
IT'S OUR CONSTITUTIONAL RIGHT
THANK YOU SENATOR BOB AKOWSKI
FOR SENATE BILL THREE OH THREE
AND BE ON THE STAND FOR JUSTICE
FOR ALL THANK YOU.
CHAIR MEMBERS KERR CHILD
DISABILITY RIGHTS CALIFORNIA I
THE A. THINK AS YOU ALL KNOW
THERE'S PROBABLY NOTHING MORE
IMPORTANT -- TO INDIVIDUALS --
PARTICULARLY INDIVIDUALS WITH
DISABILITIES WHO -- MAY BE
UNABLE TO MANAGE THEIR OWN
FINANCIAL AFFAIRS THEN TO HAVE
THE PROTECTION OF ENSURING THAT
THEY HAVE A RESIDENTS AND THAT
THEY HAVE INCOME.
AND RESOURCES PROTECTED AND THIS
BILL DOES -- BOTH OF THOSE
THINGS -- IMPORTANTLY WHAT IT
DOES FOR IN THE IN THE PLACE.
IN THIS CIRCUMSTANCE OF AN
INDIVIDUAL WHO HAS A HOME IT IN
CHORES THAT THAT HOME WILL BE --
PROTECTED SUBJECT TO A VERY
EXACTING STANDARDS THE CLEAR AND
CONVINCING EVIDENCE STANDARD
BEFORE -- THAT CAN BE DISPOSED
FOR INDIVIDUALS WHO -- MAY BE AT
RISK OF LOSING THEIR HOMES IF IN
FACT THAT HOME IS -- LOST AND
DISPOSED OF USUALLY THE ONLY
ALTERNATIVE IS A INSTITUTION FOR
THOSE INDIVIDUALS SO THIS REALLY
PROTECTS.
INDIVIDUALS ENSURES THAT THEY
CAN STAY IN THE LEAST
RESTRICTIVE ENVIRONMENT IN THEIR
COMMUNITIES LIKEWISE ARE
PROBABLY NOTHING MORE IMPORTANT --
TO TO THESE INDIVIDUALS THAN
ENSURING THAT THEIR PUBLIC
BENEFITS ARE PROTECTED -- AND
BOTH UNDER STATE AND FEDERAL LAW
THAT PROTECTS AND IF IT'S THIS
BILL DOES THAT AS WELL AND
CHORES THAT -- CONSERVATIVE --
CANNOT GO BEYOND -- THOSE --
PROTECTIONS THAT EXIST IN STATE
AND FEDERAL LAW TO ENSURE THAT
THOSE BENEFITS ARE RETAINED BY
THE INDIVIDUALS -- TO CONTINUE
SUPPORT THEM SO WE URGE YOUR
IPHONE THANK YOU THANK YOU
ANYONE ELSE IN SUPPORT.
IF YOU COME FOR GIVE US YOUR
NAME AND YOUR AFFILIATION PLEASE.
WHEN THE KING K. COALITION FOR
OLDER DISABILITY RIGHTS WE
SUPPORT THE BILL AND WE ASK THE
REFORM ACT OF TWO THOUSAND SIX
BE FUNDED AND IMPLEMENTED?
HE'S ACT TAKE A BREAK A NATIONAL
ASSOCIATION OF SOCIAL WORK IN
STRONG SUPPORT.
RICHARD CALHOUN IN WITH THEATER
IN SUPPORT.
THANK YOU ANYONE ELSE IN SUPPORT.
OF PERHAPS A NEUTRAL POSITION A
CHAIR THAT WOULD BE FINE THANK
YOU GERRY DOES MEN OF
PROFESSIONAL FIDUCIARY
ASSOCIATION OF CALIFORNIA P.
FACT.
OB ADOPTED A NEUTRAL POSITION
AFTER AFTER THE MEASURE WAS
AMENDED IN MAY OVER IN THE
SENATE WITH THE UNDERSTANDING
AND THE APPRECIATION THAT THE
BEST INTERESTS OF THE
CONSERVATIVES AND THE WORDS.
ARE WHAT WE'RE AFTER IS LICENSED
PROFESSIONAL FISHERIES AS WELL --
WE IN ORDER TO ENSURE THAT THE
PROVISION OF DISCUSSION PAGE
ELEVEN OF THEIR HOUSES HAVING TO
DO WITH THE GOVERNMENT BENEFITS
COMPENSATION IS RESTRICTED IN A
WAY THAT STILLS ALLOWS THAT TO
BE A SOURCE OF FUNDING WHEN
APPROPRIATE.
IMPORTANT -- WE WILL DISCUSS
MORE WITH THE AUTHOR IS A BIT
BUT THE MEASURE MOVES FORTY FIVE
JUST SOME RECENT QUESTIONS OF
INTERPRETATION.
THANK YOU RIGHT THANK YOU.
ALL RIGHT IS THERE OPPOSITION.
ALL RIGHT SINGER BRING BACK TO
THE COMMITTEE QUESTIONS COMMENTS.
SING ON SATURDAY MAY CLOSE AIR
CHEN AYE VOTE.
THANK YOU WE DO HAVE A MOTION
AND A SECOND THAT MOTION IS DO
PASS CALL THE ROLL PLEASE STONE
BY STONE I GALLAGHER.
GALLAGHER I CHOW.
CHOW I CHIU GABRIEL HOLDEN.
HOLDEN AYE KALRA [inaudible]
KILEY.
KILEY AYE MAIENSCHEIN.
OBERNOLTE OBERNOLTE I
PETRIE-NORRIS.
PETRIE-NORRIS IRIS.
THAT BILLS OUT THANK YOU SO THAT
TAKES US TO ITEM NUMBER. SIX SB.
FIVE EIGHTEEN DO YOU HAVE A
PREFERENCE RATHER TO NOTE THAT
FIVE EIGHTEEN IS FINE.
SENATE BILL FIVE EIGHTEEN THEM
[inaudible]
SOMEBODY IS [inaudible]
SUPPORT.
THIS IS A SIMPLY CLARIFIES
EXISTING LAW ON THE CALIFORNIA
PUBLIC RECORDS ACT THAT THE
COURT SHALL AWARD COURT COSTS
AND REASONABLE ATTORNEY FEES. TO
THE REQUESTER SHOULD THE REQUEST
TO PREVAIL UNFORTUNATELY IS THE
STAFF ANALYSIS POINTS OUT A FEW
PUBLIC AGENCIES HAVE FOUND THE
WAY TO CIRCUMVENT -- THIS LAW BY
USING -- NINE NINETY EIGHT
OFFERS A TYPE A SETTLEMENT OFFER
THAT CAN PREVENT THE RELEASE.
OF THIS CLOSABLE DOCUMENTS AND
SHIFT ALL THE POST OFFER COST
ONTO THE RECORD YOUR QUAESTORS.
LET ME BE CLEAR THAT SENATE BILL
FIVE EIGHTEEN WOULD NOT PREVENT
REQUESTERS AND PUBLIC AGENCIES
FROM OFFERING SETTLEMENTS
OPPOSITION HAS.
CONCERNS ABOUT THE SERIAL
LITIGANTS INCREASING IF.
SB FIVE EIGHTEEN PASSES HOWEVER
THE CALIFORNIA PUBLIC RECORDS
ACT ALREADY AWARDS ATTORNEY FEES
AND COSTS.
OF PUBLIC AGENCIES FOR CLEARLY
FRIVOLOUS CLAIMS BEYOND THIS
CALIFORNIA IS ONE OF THE ONLY
ONLY HAVE STATES THAT HAS A
FICTITIOUS LITIGANTS LAW WHICH
IN THE AGAIN IS ANOTHER KERR.
THE LAW HAS EXPLICIT --
PROCESSES AND CONSEQUENCES FOR
BEING A REPEAT FILER PURSUING ON
THESE ON MERITORIOUS CLAIMS.
BIG TEACHES LITIGANTS I CAN BE
HELD A CONTEMPT OF COURT AND
EVEN THESE SANCTION FOR BAD
FAITH.
CLAIMS THIS BILL.
FIVE EIGHTEEN INSURES THAT OUR
PUBLIC RECORDS ACT IS BEING USED
AS IT WAS INTENDED AS A WAY FOR
CALIFORNIANS TO GET INFORMATION
ABOUT THE GOVERNMENT WITHOUT
FEARS OF BEING BURDENED BY THE
GOVERNMENT COSTS IN.
A GYM.
THE WORD IS HERE FROM THE ADS
CALIFORNIA NEWS PUBLISHERS
ASSOCIATION.
THANK YOU FIRST WITH US PLEASE
MISTER CHAIR MEMBERS OF THE
COMMITTEE JIMMY WHAT WITH A
CALIFORNIA NEWS PUBLISHERS
ASSOCIATION [inaudible]
THE ENFORCEMENT A PROVISION IN
THE PUBLIC RECORDS ACT THAT
SHIFT FEES FROM.
A DEFENDANT AGENCIES TO
PLAINTIFFS IS THE ONLY MECHANISM
BY WHICH A REQUEST OR HAS TO GET
INFORMATION FROM AN AGENCY.
THAT OTHERWISE WOULD STONE WALL
OR IGNORE THE OF REQUESTERS I
REQUEST FOR INFORMATION.
AND OFTEN TIMES AGENCIES HAVE OR
INCENTIVIZE TO DO THAT IF THEY
DON'T WANT TO SING INFORMATION
TO BE DISCLOSED -- FOR MY FOLKS
ESPECIALLY SINCE THEY LIKE TO
GET INFORMATION IN A TIMELY
MANNER WHEN THINGS ARE BREAKING.
AND IT'S EWS WORTHY AN AGENCY
CAN DELAY OF IN AN ATTEMPT TO
TRY TO PREVENT STORIES FROM
BEING -- WRITTEN -- THE WAY THAT
THE SETTLEMENT OFFERS IN NINE
NINE EIGHT OPERATE THERE THERE
WERE INTENDED TO PROVIDE A
REMEDY FOR DISPUTES INVOLVING
MONEY.
AND NOT EQUITABLE REMEDIES OR
EQUITABLE DAMAGES.
A REQUEST -- WILL NEVER MAKE A
NINE NINE EIGHT MOTION BECAUSE
THEY'RE NOT INTERESTED IN
OBTAINING MONEY OR THERE'S
THERE'S NO MONEY IN DISPUTE VERY
INTERESTED IN GETTING THE
RECORDS.
AND AN AGENCY WILL USE A NINE
NINE EIGHT MOTION AS A COERCIVE
TOOL IN ORDER TO SCARE A REQUEST
INTO GIVING UP INFORMATION THEY
MIGHT OTHERWISE BE ENTITLED TO
UNDER THE LAW -- BUT NONE THE
LATCH ARE AFRAID THAT THEY MAY
NOT RECOVER ALL OF THE ATTORNEYS
FEES AT THE INQUIRER AS A RESULT
OF HAVING TO COME FORWARD.
AND LITIGATE OF A LEGITIMATE
DISPUTE OVER WHETHER THE AGENCY
PROPERLY WITHHELD RECORDS --
THIS IS AS PROPOSED -- TO BE
AMENDED -- IT'S IT'S A TERRIFIC
TOOL -- OR EXEMPTION TO A TOOL
THAT WAS NOT OTHERWISE --
INTENDED TO APPLY TO THE PUBLIC
RECORDS ACT.
MOREOVER IT DOESN'T REMOVE ANY
OTHER SETTLEMENT OPTIONS FROM
THE RELATIONSHIP BETWEEN AN
AGENCY IN A REQUEST -- SIXTY TWO
FIFTY THREE POINT ONE OF THE
GOVERNMENT CODE REQUIRES OF THE
REQUEST DURING THE AGENCY TO
MEET AND CONFER EVEN BEFORE
LITIGATION IS FILED TO TRY TO
RESOLVE OR NARROW POTENTIAL
DISPUTES ABOUT THE RECORDS THAT
ARE BEING.
REQUESTED ARE AND OF COURSE IF
LITIGATION IS FILED OF OTHER
TYPES OF SETTLEMENTS CAN OCCUR
WHERE AN AGENCY CAN -- PREPARE A
RESPONSE AND ROLL IT OUT.
AS INSTEAD OF WAITING UNTIL ALL
THE RECORDS ARE GATHERED BEFORE --
IT IS -- RESPONDED -- TO FOR ALL
THESE REASONS.
WE SUPPORT THIS BILL ARE GREAT
ANALYSIS BY YOUR STAFF VERY
THOROUGH -- WE ASK FOR A VOTE.
THANK YOU AND SENATOR THERE ARE
AMENDMENTS YEAH WE'RE TAKING
THOSE MOMENTS RIGHT ABSOLUTELY
THANK YOU APOLOGIZE.
YEAH.
ANYONE ELSE IN SUPPORT.
THANK YOU MISTER CHAIRMAN VERS
MERRY GO USUALLY HARM BEHALF OF
THE CALIFORNIA PLUMMET LAWYERS
ASSOCIATION AND SUPPORT.
THANK YOU.
ANYONE ELSE IN SUPPORT.
STEVE GORMAN WITH THE CALIFORNIA
CIVIL LIBERTIES ADVOCACY STRONG
SUPPORT.
Q. ANYONE ELSE AND SUPPORTS.
SEEING NONE IS THERE OPPOSITION
[inaudible]
YEAH.
CHAIR AND MEMBERS OF THE
COMMITTEE DEALING GIVENS WITH
THE CALIFORNIA SPECIAL DISTRICTS
ASSOCIATION -- IN OPPOSITION TO
SB -- FIVE EIGHTEEN WANTED TO
SPEAK TO A COUPLE OF THE
STATEMENTS.
MADE BY THE SUPPORTERS -- ONE
WAS THAT THE ONLY INCENTIVE THAT
PUBLIC AGENCIES HAVE TO
RELEASING -- PUBLIC DOCUMENTS IS --
THREAT OF A LAWSUIT.
ARGUE THAT -- THEY WANTS TO
PROVIDE THAT IN MOST CASES WANT
TO PROVIDE THE INFORMATION TO
THE PUBLIC.
AS A PUBLIC SERVICE.
AND IN RESPONSE TO THE C. P. R.
A LAW -- WHETHER THERE WAS A
THREAT OF LITIGATION OR NOT --
ADDITIONALLY THERE IT SAYS THAT.
THERE WAS NO INCENTIVE -- FOR
LAWSUITS FOR A REQUEST -- OTHER
THAN TO RECEIVE DOCUMENTS --
THERE IS AN INCENTIVE -- FOR
LESS THAN SPEAKER LESS
SCRUPULOUS ATTORNEYS WHO ARE
JUST LOOK LOOKING TO SEEK
ATTORNEY'S FEES FROM PUBLIC
AGENCIES.
I WOULD SAY THAT THE VAST
MAJORITY OF REQUEST ARE NOT
THOSE TYPES OF REQUESTED THEY
ARE LEGITIMATE PUBLIC -- MEMBERS
OF THE PUBLIC SEEKING -- PUBLIC
DOCUMENTS.
THERE IS NOT A REQUIREMENT TO
MEET AND CONFER -- ONE OF THE
THE ISSUES WITH CPR A LAWSUIT IS
THAT ONCE A REQUEST HER HAS MADE
A REQUEST OF A PUBLIC AGENCY FOR
FOR DOCUMENTS AND AS SOON AS
THEY RECEIVED.
A DENIAL OF THOSE RECORDS THEY
CAN SUE IMMEDIATELY THERE IS NO
REQUIREMENT FOR THE MEMBER OF
THE PUBLIC TO WORK WITH THE
PUBLIC AGENCY TO NARROW THEIR
REQUEST.
THERE IS HOWEVER A REQUIREMENT
THE PUBLIC AGENCY TRY TO WORK
WITH THE REQUEST OR TO NARROW
THAT THOSE REQUESTS SO -- NOW TO
IT'S A SECTION NINE EIGHT
OFFERED A OFFERS ARE VERY RARELY
USED AND CPR A CASES -- HOW ARE
THEY ARE HELPFUL TOOL IN
PREVENTING SERIAL THAT AGAINST
FROM EXTORTING PUBLIC AGENCIES --
IN RECENT YEARS ARE DISTRICTS
HAVE SEEN AN ENORMOUS INCREASE
IN THE NUMBER OF CPR A REQUEST --
COMING FROM ALL OVER THE NATION
AS WELL AS A NUMBER OF RECORDS
THAT ARE BEING SOUGHT IN EACH
REQUEST.
SOMETIMES YOU CAN MORE THAN TEN
THOUSAND RECORDS -- AND MANY
RECALL REQUEST THE THE THE IN
MANY CASES THE REQUESTS ARE
COMING FROM THE SAME --
INDIVIDUAL OR THE SAME GROUP OF
INDIVIDUALS WHO HAVE A VENDETTA
AGAINST A PUBLIC AGENCY AND ARE
LOOKING FOR OPPORTUNITIES. TO
SUE THE AGENCY.
IN THOSE CASES A A FOR A CPR A
CASE CAN ONLY BE FOUND BE
FRIVOLOUS IF IT IS A COMPLETELY
WITHOUT MERIT WHICH IS.
ALMOST IMPOSSIBLE FOR US TO
ACHIEVE AND THAT ONCE THE RECORD
HAS BEEN DENIED THERE IS WITH
MERIT FOR SOMEBODY TO SEEK THE
RECORD -- THROUGH LAWSUIT --
UNDER CURRENT LAW THE THE
RECORDS REQUEST THROUGH THE THE
BELIEVES THE PUBLIC AGENCIES
IMPROPERLY WITHHELD RECORD.
THEY MAY SUE IMMEDIATELY AGAIN
THERE IS NO MEET AND CONFER --
REQUIREMENTS.
ADDITIONALLY SHOULD REQUEST TO
PREVAIL IN COURT BY HAVING EVEN
A SINGLE RECORD RELEASED -- THAT
THEY HAD PREVIOUSLY -- THAT A
PREVIOUSLY BEEN WITHHELD -- THE
C. P. R. A. MANDATES THAT THE
COURT AWARD COSTS AND REASONABLE
ATTORNEY'S FEES TO THE
PLAINTIFFS OFFERS A COMPROMISE
MADE UNDER SECTION.
NINE NINE EIGHT ARE INTENDED TO
ENCOURAGE LITIGANTS TO SETTLE
THEIR DISPUTE AN AMICABLE AND
REASONABLE FASHION TO AVOID
EXCESSIVE LITIGATION COSTS.
ELIMINATING THIS LITIGATION
PRACTICE PRACTICE WOULD
DISCOURAGE PLAINTIFFS ATTORNEYS.
BUT SEE PERRY CASES FROM
SETTLING BECAUSE THEY WOULD FACE
NO CONSEQUENCEFOR REJECTING A
REASONABLE AND FAIR SECTION NINE
NINE NATO OFFER BUT POTENTIALLY
SIGNIFICANTLY MORE TO GAIN IN
FEES.
PAID WITH TAXPAYER DOLLARS BY
PROCEEDING WITH COSTLY
LITIGATION PROCESS EVEN IF
ATTORNEY ATTORNEYS CLIENT
RECEIVES NO ADDITIONAL BENEFIT.
OTHER THAN WHAT WOULD HAVE BEEN
OFFERED IN THE SETTLEMENT -- SB
FIVE EIGHTEEN CREATES A LOPSIDED
BENEFIT TO PLAINTIFF ATTORNEYS.
OVER A PUBLIC AGENCIES THAT
ENCOURAGE THAT ENCOURAGES COSTLY
LITIGATION WHEN A SIMPLE CENTER
ELEMENT AGREEMENT WRAP UP PLEASE
FOR THESE REASONS WE OPPOSED SB
FIVE EIGHTEEN THANK YOU.
THANK YOU.
MORE YEAH JASON BROWN OF THE
HALF THE CALIFORNIA DOWNTOWN
ASSOCIATION -- MY ASSOCIATION
REPRESENTS THE BUSINESS
IMPROVEMENT DISTRICTS OF
CALIFORNIA -- THEY DON'T TO
ISSUE BUILDING PERMITS THEY
DON'T TO HIRE LAW ENFORCEMENT
OFFICERS A SIMPLY.
ARE THERE TO ENHANCE AND PROMOTE
THE DOWNTOWN DISTRICT WHICH THEY
SERVE.
YET ARE SUBJECT TO THE PUBLIC
RECORDS ACT AND COMPLY WITH THE
PUBLIC RECORDS ACT THE NUMBER
ONE ISSUE WE HAVE SEEN AND OUR
MEMBERSHIP IS THE ONSLAUGHT OF
PUBLIC RECORDS REQUESTS FOR OUR
DISTRICTS AND THE CHALLENGES.
TO TIMELY RESPOND TO THOSE
REQUESTS AND WE'VE SEEN
INCREASING LITIGATION -- BY --
TYPICALLY A HANDFUL OF FOLKS
THAT THAT THAT HAVE -- THAT ARE
USING THE ACT -- TO FURTHER
LITIGATE AND WE ARE JUST SIMPLY
LOOKING FOR TOOLS -- TO BE
MAINTAINED SO WE CAN AT SETTLE
ANY DISPUTES. FOR THE YEAR ON
ARE ARE NOT WORTHY -- OUTSIDE OF
COURT BECAUSE EVERY DOT EVERY
TIME WE'RE SPENDING A DOLLAR --
DEFENDING A SUIT IN COURT IS ONE
LESS DOLLAR SPENT IN OUR
DISTRICTS AND SO WE ARE
CONCERNED ABOUT LOSING A TOOL.
TO REDUCE LITIGATION.
AND TO REDUCE THE LEAKAGE OF
COSTS THAT TO THE COURT SYSTEM
RATHER THAN IMPROVING THE
DISTRICTS IN WHICH WE SERVICE
AND STUFF THAT REASON WE OPPOSE
THANK YOU.
THANK YOU ANYONE ELSE IN
OPPOSITION IF YOU JUST GIVE US
YOUR NAME AND YOUR AFFILIATION
PLEASE I AM WORKING WITH THE
ASSOCIATION OF CALIFORNIA
HEALTHCARE DISTRICTS ALSO IN
OPPOSITION.
IT'S JUST.
A JUST SO THAT I UNDERSTAND THE
THE THE APPLICATION OF THIS BILL
SO THE BILL IS ACTUALLY SEEKS TO
DO AWAY WITH NINE NINETY NINE
NINE EIGHT TARA -- SEGMENT
OFFERS CORRECT.
IN PUBLIC RECORDS ACT CORRECT
NOT IN THE IN THIS CONTEXT
CORRECT.
NOW -- I THINK I HEARD WHAT I
HEARD EARLIER WAS THAT --
THERE'S ALREADY EXISTING
MECHANISMS TO SAFEGUARD AGAINST.
TO AWE ABUSE OR OR FIXATION IS --
LITIGATION UP CAN YOU ELABORATE
ON THE ALLEGED -- THE YES MEAN
THE DO YOU THINK I THINK THERE'S
A FEW STATES IN CAL IN
CALIFORNIA IS THAT THE BIG
TEACHES LITIGANTS CAN BE HELD IN
CONTEMPT OF COURT -- WITH -- BY
DAY THEY CAN BE SANCTIONED FOR
HAVING THEIR BAD CLAIMS ARE BAD
FAITH CLAIMS THEY CAN BE -- THEY
CAN BE AWARDED ARE THAT THE
DEFENDANT CAN BE AWARDED --
ATTORNEY FEES AND COSTS IF
THEY'RE CLEARLY FRIVOLOUS CLAIMS
THOSE ARE THE THOSE ARE --
ELEMENTS THAT ARE AVAILABLE THAT
ARE NOT AVAILABLE IN OTHER
STATES SO TO THE OPPONENTS
WOODEN WINDOWS SO MEASURES BE
SUFFICIENT TO SAFEGUARD AGAINST.
ANY POTENTIAL ABUSE. FOR CLEARLY
FRIVOLOUS LAWSUITS YES BUT
UNFORTUNATELY THEY HAVE WHAT
IT'S VERY VERY DIFFICULT FOR
PUBLIC AGENCY TO HAVE A LAWSUIT
TURNOUT BECAUSE IT'S FRIVOLOUS
BECAUSE WHAT HAPPENS IS THEY'RE
TRYING TO SEEK A RECORD.
AND THE RECORD WAS DENIED AND SO
IT IS SENT INHERENTLY IT IF
SOMEBODY FILING A SUIT SEEKING A
RECORD -- IT WOULD NOT BE
WITHOUT BE COMPLETELY WITHOUT
MERIT WHICH IS THE STAT THE
STANDARD FOR TO BE FRIVOLOUS.
IT WOULD HELP IN CASES WHERE --
AN AGENCY -- PROVIDED DOCUMENTS.
AFTER A CERTAIN TIME PERIOD THAT
THE AN EXAMPLE WAS A A SUIT WAS
FILED BY A TELECOMMUNICATIONS
COMPANY.
AGAINST A PUBLIC AGENCY THAT THE
THAT IT DENIED CERTAIN RECORDS --
PRIOR.
ONCE NOTIFIED THAT SUIT WAS
COMING THE AGENCY WAS ABLE TO
IDENTIFY ADDITIONAL RECORDS
ANSWERED AND SUPPLY THOSE
RECORDS BACK IN THIS IS I
BELIEVE IN THE ANALYSIS.
SUPPLY THOSE RECORDS BACK TO THE
TELECOMMUNICATIONS COMPANY THEY
CONTINUED ON WITH THEIR SUIT AND
WERE SEEKING ATTORNEY'S FEES
THAT THE COURT FOUND.
THE PUBLICATION SEE ACTED WOULD
PROBABLY IN AND GAVE THAT RECORD
AS SOON AS POSSIBLE PRIOR TO THE
THE SUIT AND SO IN THAT CASE THE
SUIT WAS FRIVOLOUS HOWEVER IN
THE VAST MAJORITY.
OF THESE CASES IT'S ALMOST
IMPOSSIBLE TO BE CONSIDERED FROM
HIS BECAUSE THEY'RE SEEKING A
RECORD THAT WAS DENIED.
THANK YOU OTHER QUESTIONS
COMMENTS WAS KILEY.
BUT JUST SO IT CAN UNDERSTAND
HOW THIS WORKS HERE I MEAN THAT
IN NINE EIGHT OFFERS ARE USUALLY
DONE WHEN OFFER OF OF MONEY
RIGHT AND THEN JUDGING BY
WHETHER THE FINAL VERDICT AS
HERS WAS ALTERNATELY RECEIVED IS
LESS OR MORE THAN THAT.
AND SO AS FOR THE AUTHOR DO YOU
THINK THAT UNDER EXISTING LAW
AND NINE NINE EIGHT EVEN.
DOES APPLY TO THESE SORT OF
SITUATIONS OR IS THAT AN AREA OF
AMBIGUITY WELL THERE'S FOUR
CASES MISTER CHAIR THERE'S FOUR
CASES THAT HAVE COME BEFORE US
THE THAT THAT -- PUBLIC AGENCIES
HAVE MADE NINE NINE OFFERS JUST
FOR REQUEST FOR PUBLIC PUBLIC
RECORDS HUNDRED RESIDENTS TO SIT
AND THERE'S PRESENT THERE'S A
CASE THAT'S CITED IN THE
ANALYSIS I THANK YOU SO SO.
UNFORTUNATELY YES IT'S IT'S MOST
ATTORNEYS I THINK THAT THAT.
NINE NINETY EIGHT OFFER SHOULD
BE IN A PUBLIC RECORDS ARENA BUT
IT IS AND SO YOU JUST COMPARE I
MEAN WITH -- I MONEY OFF YOUR
LIKE ALRIGHT WE OFFERED TEN
THOUSAND YOU GOT -- FIVE
THOUSAND IT WHAT YOU YOU SAID WE
OFFERED THIS MANY DOCUMENTS AND
YOU GOT THAT MANY DOCUMENTS AND
THAT'S HOW YOU COMPARE WE KNOW
THEY CAN -- THROUGH CHAIR THEY
COULD THEY PUT A DOLLAR OFFER IN
THERE ALSO MEAN WHICH I REMEMBER
THE FEES I TO COVER THE FEES TO
THAT YOU'RE COMPARING RIGHT IS
WHAT WAS OFFERED IN TERMS OF THE
ATTORNEY FEES.
AND IT'S THE CHILLING EFFECT
WHICH YOU KNOW TO BE CLEAR.
MR.
AS A MEMBER AND AND CHAIR IS
THAT THIS DOESN'T STOP ANY
SETTLEMENT FOR ANY LAWSUIT
THAT'S GOING OUT THOSE THOSE
DISCUSSIONS ARE GOING ON IT'S
JUST WE'RE TRYING TO MAKE SURE
THAT THE NINE NINE EIGHT OFFER.
pPORTION OF IT DOES NOT APPLY.
I THERE'S OTHER THINGS IN
LITIGATION RIDE.
RIGHT OKAY THANK YOU.
YOU OTHER QUESTIONS COMMENTS ALL
RIGHT SEE NONE CENTER YOU MAY
CLOSE I ASSN AYE UNDERAGE AND I
VOTE THANK YOU WE STILL NEED A
MOTION.
THERE'S A MOTION.
I WILL SECOND THAT MOTION IS TO
PASS AS AMENDED.
CALL THE ROLL PLEASE STONE BY
STONE AYE GALLAGHER CHOW.
CHOW I CHU.
CHU AYE GABRIEL HOLDEN.
AND I KALRA [inaudible]
KILEY.
MAIENSCHEIN.
OBERNOLTE.
OBERNOLTE NO PETRIE-NORRIS.
THE NORTH AYE REYES.
WE WILL PUT THAT BELONG CALL IT
NEEDS TO MORE VOTES.
ALL RIGHT SENATOR REMOVED ITEM
NINE SB.
SEVEN OH SEVEN MISTER CHAIR THIS
IS THIS IS AN MEMBERS THIS IS A
MILD.
ARBITRATION BILL THAT I HAVE
BEFORE YOU TAKE SO THIS COULD
NOT THAT CONCERNED AT THAT SAY --
OTHER TYPE OF IT BASICALLY
PROVIDES.
A CRUCIAL PROCESS FOR CONSUMERS
AND WORKERS -- TO USE WHEN THEY
WHEN THEIR FIRST AND FORCE OUT
OF COURT BECAUSE THEY'VE THEY
HAVE AN ARBITRATION AGREEMENT
AND A PLUMBING CONTRACTOR A
CONSUMER CONTRACT AND NOW
THEY'RE BEING DENIED THEIR
RECOURSE AND AN ARBITRATION THAT.
HI STAFF REPORT AS A BRILLIANT --
A JOB OF POINTING OUT THAT
MANDATORY ARBITRATION PROVISIONS
ARE EVERYWHERE HELLO ALL OVER
HALF OF AMERICA'S WORKFORCE
SEVEN SIDE FORCED TO SIGN
MANDATORY ARBITRATION AGREEMENTS
AS A CONDITION OF THEIR
EMPLOYMENT -- WITH WORKERS
CONSUMERS BARRED ESSENTIALLY
FROM GOING INTO COURTS
BUSINESSES ARE ABLE TO
STRATEGICALLY WITH FULL PAYMENT
AND OBSTRUCT THE PROCEEDING --
AND THE ABILITY TO PURSUE THE
CLAIM -- THE STAFF REPORT TALKS
ABOUT THE POULTRY SITUATION --
THE THE UBER -- CIRCUMSTANCES SB
SEVEN OH SEVEN THE SEVEN OH
SEVEN LAYS OUT THE PROCESS AND
THE PENALTIES FOR THIS TYPE OF
BEHAVIOR.
THE BILL ALSO ADDS THAT THE SAME
REPORTING COURT REQUIREMENTS
THAT ARE RICH OF ARBITRATORS
DEMOGRAPHICS IS ALREADY REQUIRED
FOR THE JUDICIAL BRANCH.
HERE WITH ME IS A MIKE AREAS
HE'S THE PRESIDENT OF THE
CONSUMER ATTORNEYS AND NO
LIEBOWITZ -- WITH THE EMPLOYMENT --
LAWYERS ASSOCIATION OF
CALIFORNIA AND I URGE MY VOTE.
THANK YOU FIRST WITH US PLEASE.
THANK YOU SHOULD MAKE IT MORE
MISTER CHAIR AND MEMBERS.
MY NAME IS NOLA LEVEL IT'S I AM
HERE ON BEHALF OF THE CALIFORNIA
EMPLOYMENT LAWYERS ASSOCIATION.
TO TESTIFY IN SUPPORT OF SB
SEVEN OF SEVEN AS IT STANDS THE
CALIFORNIA ARBITRATION ACT
PROVIDES NO GUIDANCE TO PARTIES.
OR ARBITRATORS AS TO WHAT TO DO
WHEN A PARTY FORCING ARBITRATION --
IN AN EMPTY BARN IMPLORE E. --
FAILS TO PAY THE REQUIRED FEES
TO PROVIDE THAT VENUE.
OVER THE YEARS WE HAVE SEEN
pFOR PRE YOUR Q. REALLY STRATEGIC
REASONS FAILED TO PAY AT THE
OUTSET.
OR STOPPED PAYING.
IN THE MIDDLE OF AN ARBITRATION
PROCEEDING.
THIS TACTIC HAS BECOME
INCREASINGLY COMMON PLACE.
IN PART BECAUSE THE OFFENDING
PARTY KNOWS THE CALIFORNIA
ARBITRATION ACT PROVIDES NO
REMEDY FOR GRIEF PARTIES.
THE TACTIC HAS BEEN USED IN ALL
TYPES OF EMPLOYMENT CASES IMPACT
IMPACTING BOTH LOW WAGE HOURLY
WORKERS.
LIKE WORKERS AT CHIPOTLE AND
DRIVERS AT UBER AND LIFT.
AND HIGHER PAID EXECUTIVES JUST
LAST YEAR I EXPERIENCE THIS
TACTIC TWICE IN THE SAME CASE.
THE CASE WAS SIMPLE AND
EXECUTIVE SUING FOR BREACH OF
WRITTEN EMPLOYMENT CONTRACT IN
MY CASE.
THE COMPANY DELAYED PAYING ITS
INITIATION FEE WITH JAMS BECAUSE
IT DID NOT WANT MY CLIENT TO BE
ABLE TO GET ANY DISCOVERY PRIOR
TO MEDIATION.
THAT WE HAD SCHEDULED TO TRY TO
RESOLVE THE CASE.
THE COMPANY THE LATE PAYING THAT
INITIAL FEE FOR MORE THAN THREE
MONTHS.
JAMS AS A MATTER OF POLICY WILL
NOT EVEN SCHEDULE A STATUS
CONFERENCE WITH AN ARBITRATOR
UNTIL BOTH SIDES HAVE PAID THEIR
INITIATION FEE.
WHEN THE CASE DID NOT SETTLE TO
MEDIATION THE COMPANY PAID WE
PROCEED TO ARBITRATION? SEVEN
MONTHS LATER WE ARE ON THE VERGE
OF TRIAL.
THE COMPANY OUT THE ARBITRATOR
FOR A CONTINUANCE THE ARBITRATOR
SAID NOT.
SO WITH THE COMPANY DO THEY STOP
PAYING THE ARBITRATOR'S FEE.
OR THE ARBITRATOR DO.
THROW UP HIS HANDS AND SAID
THAT'S IT EVERYTHING'S OFF
CALENDAR I CAN DO NOTHING UNLESS
I'M GETTING PAID.
I FILED THE MOTION FOR DEFAULT
CLAIMING IT WAS BAD FAITH.
AND MY CLIENT HAD TO PAY NINE
THOUSAND DOLLARS JUST TO GET THE
ARBITRATOR HEAR THE MOTION.
AND THEN THE ARMATURE DENIED THE
MOTION.
SAYING THAT THE CARP CALIFORNIA
WHICH IS NOT PROVIDED NO REMEDY
AND DID NOT PROVIDE FOR A
DEFAULT.
IN THE MIDST OF THIS THE COMPANY
DECIDED TO START PAYING AGAIN.
AND THE ARBITRATOR RESET THE
TRIAL SO WHAT ARE THE COMPANY
GET BY DELAYING THIS THEY GOT
EXACTLY WHAT THEY WANTED.
AND THEY GOT A NEW TRIAL DATE
LATER THAN THE ORIGINAL TRIAL
THE COMPANY SHOULD NOT BE
ALLOWED TO FORCE CONSUMERS AND
EMPLOYEES IN ARBITRATION.
BOB RETAINING THE ABILITY TO
GAME THE SYSTEM AND MANIPULATE
THE FORM.
BY PROVIDING PROCEDURAL OPTIONS
AND DETERRENCE MECHANISMS SB
SEVEN OF SEVEN WILL ALLOW
CONSUMERS EMPLOYEES. TO FULLY
VINDICATE THE RATES WE URGE AN
AYE VOTE.
THANK YOU EXODUS PLEASE.
CHAIR AND MEMBERS OF THE
COMMITTEE MY NAME IS MIKE AREAS
ON THE PRESIDENT THE CONSUMER
ATTORNEYS OF CALIFORNIA AND ALSO
MANAGING PARTNER OF MY LAW FIRM.
LET'S FACE IT ARBITRATION IS A
FORM THAT -- SERIES COULD YOU
SPEAK INTO THE MICROPHONE.
THERE TO MAKE SURE YOU'RE PART
OF OUR RUSHER ARBITRATION LET'S
FACE AN ARBITRATION IS A FORM
THAT -- ALREADY FAVORS.
CORPORATIONS EMPLOYERS AND SO
FORTH -- SO IF YOU'RE GONNA HAVE
THAT FORM THAT -- IS TAKING AWAY
THEIR RIGHTS TO A JURY TRIAL FOR
MOST PEOPLE IN THIS STATE.
YOU NEED TO MAKE SURE THAT THAT
PROCESS IS AS MUCH AS A JADED IS
IT IS.
OCCURS AT LEAST -- IN A TIMELY
FASHION -- ANYBODY THAT IS BRING
A CLAIM FOR APPOINTMENT ISSUES
AS IT'S BEEN DISCUSSED OR EVEN
ON THE CONSUMER SIDE.
IF THEY'RE FORCED AN ARBITRATION
AT LEAST THEY SHOULD HAVE THAT
ABILITY TO PROCEED WITH THAT
FORM -- THIS THIS -- SB SEVERAL
SEVERAL WELL LEASE PROVIDE AS IS
GUARD BEEN TESTIFIED -- AN
ALTERNATIVE OR AT LEAST A REMEDY
FOR THE DELAY IN DOING SO -- BUT
THE OTHER ISSUE THAT I I WANNA
DRESS I THINK -- THE ISSUES THAT
HAVE BEEN -- TEST BIKE -- THE
WINNERS ARE APPROPRIATE ASKED
YOU HAD AFFECTS EMPLOYMENT CASES
BUT IT HAPPENS A LOT AND
CONSUMER CASES HAPPENS A LOT
BECAUSE MANY THE ARBITRATIONS IN
CONSUMER CASES HAVE THE SAME
PROBLEM AND THAT IS THAT PEOPLE
ARE TRYING TO GET A RESOLUTION.
CONSUMER CLAIM AND THERE'S A
DELAY BECAUSE THEY HAVE THE
ABILITY RESOURCES TO DELAY THIS --
I ALSO ADDRESS WHAT'S ANOTHER
PART OF THE BILL WHICH I THINK
IS IMPORTANT I'VE BEEN
PRACTICING LAW FOR THIRTY FIVE
YEARS AND WHEN IT FIRST STARTED.
THE JUDICIAL SIDE JUDGES WERE OF
ALMOST ALL WHITE AND ALL MALE --
THE PROBLEM WE HAVE NOW IN THE
ARBITRATION SYSTEM IS THAT'S THE
SAME THING BECAUSE MANY OF THE
ARBITRATORS TEND TO BE --
LAWYERS ARE PEOPLE IN THE LATER
STAGE OF THEIR CAREER AND I IF
YOU'RE GOING TO PROVIDE --
ARBITRATION IS A FORM WE'VE BEEN
ABLE TO MAKE SURE THAT THE
JUDGES THAT HEARING CASES IN THE
CIVIL SIDE TEND TO BE DIVERSE E
NEED MAKE SURE THAT HAPPENS IN
THE ARBITRATION SIDE BECAUSE
THAT UNFORTUNATELY IS WHERE MANY
OF THESE CASES HAD AND I THINK
THIS BILL WILL HELP.
US AT LEAST AREN'T MOVING --
THAT PROCESS OF INSURING
ARBITRATORS AS DIVERSE AS THE
PEOPLE WHO ARE ARBITRARY THEIR
CLAIMS.
THANK YOU.
THANK YOU ANYONE ELSE IN SUPPORT.
GIVE US YOUR NAME AND YOUR
AFFILIATION PLEASE [inaudible]
IN SUPPORT.
MISTER CHAIR MEMBERS THERE ARE
FLOCKS CALIFORNIA LABOR
FEDERATION IN SUPPORT.
MISTER CHAIR MEMBERS MAP BROUGHT
FOR THE TEAMSTERS IN SUPPORT.
THANK YOU ANYONE ELSE IN SUPPORT.
I'D SAY NONE OPPOSITION.
MONEY MEMBERS OF THE COMMITTEE
JENNIFER BROWN BEHALF THE
CALIFORNIA CHAMBER OF COMMERCE
AND WE ARE OPPOSED -- FIRST I
WANTED TO THINK THE AUTHOR AND
THE SPONSORS THE BILL WITH A
BILL BEEN ABLE ACTUALLY TO
RESOLVE A LOT OF THE ISSUES --
IN THE BILL THAT WE HAD WHEN IT
WAS OVER IN THE SENATE AND ARE
WORKING TO HOPEFULLY COMING TO
RESOLUTION ON THE FINAL POINT
WHICH IS WHAT QUALIFIES AS A
MATERIAL BREACH VERSUS THE GOOD
FAITH DISPUTE -- AS THIS BILL IS
CURRENTLY DRAFTED IF YOU FAIL TO
PAY WITHIN A CERTAIN AMOUNT OF
TIME NO MATTER IF THAT IS DUE TO
THE INTENTIONAL -- DELAY WITH
THE REGARDS THE STRATEGY THAT
SOME OF THE SPONSORS MENTIONED
BEFORE WHICH WE ACTUALLY DON'T
CONDONE OR IF YOU'RE JUST
INVOLVED IN A GOOD FAITH DISPUTE
WITH REGARDS TO A FEE OR COSTS
ASSOCIATED WITH ARBITRATION.
AND WHO'S RESPONSIBLE FOR THAT
FEAR ACOSTA TREATS AT THE SAME
AND IT AUTOMATICALLY SUBJECTS
THE PARTY TO SANCTIONS MONETARY
SANCTIONS AND AUTHORIZES THE
COURT. TO ISSUE MORE SEVERE
SANCTIONS AS WELL -- SO WE HAVE
A CONCERN ON THAT ISSUE I'M NOT
GOING TO SIT UP HERE AND JUSTIFY
ANY INTENTIONAL DE -- EFFORT ON
BEHALF OF A COMPANY TO FAIL TO
PAY ARBITRATION IN ORDER TO
PREVENT SOMEBODY A CONSUMER OR
EMPLOYEE A GETTING A REMEDY OR
JUSTICE IN THIS CASE.
BUT WHAT WE DO HAVE CONCERNS
WITH IS WITH REGARDS TO WHEN
THERE IS A GOOD FAITH DISPUTE --
THERE HAS COME UP SOME ISSUES
THAT WE ARE AWARE OF WITH
REGARDS TO GOOD FAITH DISPUTE
ONE OF THE CASES THAT THEY
MENTION AS WITH REGARDS
TO THE GIG ECONOMY WORKERS AND
DRIVERS WHO ARE PURSUING
ARBITRATION AND WILD A LOT OF
THOSE CASES ARE MOVING FORWARD
AND THAT -- FEES ARE BEING PAID
THERE IT HAS BECOME A CONCERN
WITH REGARDS TO A LOT OF THESE
INDIVIDUALS WHO HAVE BEEN SIGNED
UP -- UNBEKNOWNST TO THEM AND
THEY PURSUED ARBITRATION AND
ACTUALLY DON'T WANT TO PURSUE
ARBITRATION OR CLAIM AGAINST THE
COMPANY AND SO THE COMPANY IN
THAT SITUATION IS QUESTIONING
THEIR PAYMENT OF THE ARBITRATION
FEES AND COSTS ASSOCIATED WITH
ARBITRATION OF THE INDIVIDUAL
THEMSELVES ACTUALLY DOES NOT
WANT TO PROCEED WITH THE
ARBITRATION -- THERE'S ALSO FEW
DISPUTES THAT COME UP WITH
REGARDS TO CONSUMER PATRICIAN AS
WELL -- SO WITH THAT WE'RE
WORKING WITH THE SPONSORING THE
AUTHOR TO TRAIN ADDRESS THOSE
ISSUES AND HOPEFULLY COME TO A
RESOLUTION WHERE YOU CAN
DISTINGUISH BETWEEN A GOOD FAITH
DISPUTE IN AN INTENTIONAL DENIAL
OF THE PAYMENT OF A FEE -- A
COUPLE OF POINTS THAT I DIDN'T
WANT TO RAISE JUST TO ADDRESS AS
WELL I HAVE AN OPPORTUNITY OF
HERE WITH REGARD STARBIRD REGION
FIRST I DON'T THINK THIS BILL IS
ONLY APPLICABLE -- TO
ARBITRATION AGREEMENTS THAT ARE
MADE AS A CONTRACTOR BUT HE CHEN
MEANING BASICALLY THERE IS A
TAKE IT OR LEAVE IT SITUATION I
THINK IT'S APPLICABLE TO ANY
ARBITRATION AGREEMENT.
THAT MAYBE YOU RATE VOLUNTARILY
AGREED TO BUY CONSUMER EMPLOYEE --
SO I DON'T THINK IT'S JUST WITH
REGARDS TO THE FORCED
ARBITRATION ISSUE THAT HAS --
COME UP WHICH WE DISAGREE WITH --
AND ALSO A COUPLE OF POINTS WITH
REGARDS THE ANALYSIS THAT I
WANTED TO JUST RAISE -- IF I MAY.
MY WE HAVE A CHANCE -- ONE OF
THE COMMENTS IN THERE IS THAT
THESE ARBITRATION AGREEMENTS DO
NOT NEED TO BE IN WRITING THAT'S
ACTUALLY NOT THE CASE WITH
REGARDS EMPLOYMENT ARBITRATION
AGREEMENTS IS THE SUPREME COURT
NUMBER THERE IS A SAID.
THAT A DECISION HAS TO BE ISSUED
IN WRITING -- THE COMING ALSO IS
THAT THESE ARBITRATIONS -- ARE
IN A PRIVATE AND ARE NEVER IT
PUBLICLY DISCLOSED ACTUALLY IN
CALIFORNIA WE DO HAVE A
QUARTERLY DISCLOSURE REQUIREMENT
FOR ALL ALL ARBITRATION
COMPANIES TO POST ON THEIR
WEBSITE -- A SPREADSHEET A
SEARCHABLE SPREADSHEET THAT
INCLUDES THE AWARDS THAT HAVE
BEEN ISSUED IN ADDITION TO ADD A
SEVERAL OTHER REQUIREMENTS WITH
REGARDS TO CONSUMER AND
EMPLOYMENT ARBITRATION.
AND THERE'S ALSO A COMMENT THAT
A COMPANY CAN CONTINUE TO
RECEIVE AN AWARD FROM AN
ARBITRATOR NOBODY WOULD EVER
KNOW AGAIN THAT ISN'T A PART OF
THE QUARTERLY REQUIRED
DISCLOSURE REQUIREMENTS.
AND BEFORE AN ARBITRATION PANEL
IS EVER DECIDED MEANING THE
EMPLOYEE OR THE CONSUMER GETS TO
PICK THAT ARBITRATOR THEY'RE
REQUIRED TO OBTAIN DISCLOSURES
ON HOW MANY TIMES THAT
ARBITRATOR HAS HADDOCK A CASE
WITH THAT COMPANY.
AND THE AWARDS AND DECISIONS
THAT HAVE BEEN BATES OF THEIR
FULLY AWARE BEFORE THEY EVEN
PICK THE ARBITRATOR WHAT THE
OUTCOMES OF THE PREVIOUS CASES
HAVE BEEN. FOR THOSE REASONS WE
ARE OPPOSE BUT WE ARE HOPEFUL
THAT WILL ULTIMATELY BE ABLE TO
OBTAIN A RESOLUTION THANK YOU.
THANK YOU ANYONE ELSE IN
OPPOSITION.
RIGHT SIGNAL BRING IT BACK TO
THE COMMITTEE QUESTIONS COMMENTS.
ALRIGHT SAY NONE SENATOR YOU MAY
CLOSE YES I THINK IT'S AN
IMPROVEMENT AS THE CURRENT
SITUATION AND I WOULD URGE AN
AYE VOTE.
THANK YOU ARE STILL LOOKING FOR
A MOTION.
THANK YOU WE HAVE A MOTION IS
OUR SECOND.
ADD A SECOND THANK YOU MOTION IS
DO PASS.
CALL THE ROLL PLEASE STONE BY
STONE AYE GALLAGHER.
CHAO.
CHU.
CHU AYE GABRIEL HOLDEN.
HOLDEN AYE KALRA.
OUR AYE KILEY.
KILEY NO MAIENSCHEIN OBERNOLTE.
OBERNOLTE NO PETRIE-NORRIS REYES.
THAT NEEDS A FEW MORE VOTES
THREE MORE SO WE'LL PUT IT ON
THANK YOU.
SENATOR GLAZER.
BRINGS US TO ITEM NUMBER.
EIGHT SB.
SIX FORTY FOUR MORNING MORNING
MR CHAIRMAN THANK YOU FOR A
HEARING THIS BILL.
SB SIX FORTY FOUR WOULD PROVIDE
RENT RENTAL RELIEF TO ACTIVE
DUTY SERVICE MEMBERS BASED IN
CALIFORNIA.
BY REDUCING THE AMOUNT OF
SECURITY DEPOSIT SERVICE MEMBERS
REQUIRED TO PAY TO MOVE INTO A
RENTAL UNIT.
SB SIX FORTY FOUR WOULD ALSO
PROHIBIT LANDLORDS FROM
DISCRIMINATING AGAINST SERVICE
MEMBERS FOR HAVING TO PAY LAST
SECURITY DEPOSIT.
IN ADDITION -- SB TWO TWO TWO BY
SENATOR HILL IN FORCES THIS
PROVISION BY PROHIBITING
DISCRIMINATION IN THE RENTAL
MARKET BASED ON VETERAN OR
MILITARY STATUS.
CALIFORNIA'S HOUSING CRISIS
MAKES IT PARTICULARLY DIFFICULT
FOR SERVICE MEMBERS. TO FOR THE
UP FRONT COSTS OF MOVING INTO A
RENTAL UNIT IN CALIFORNIA.
WITH MILITARY BARRACKS BECOMING
SCARCER.
THE NEED FOR SERVICE MEMBERS --
TO TO FIND HOUSING IN THE
COMMUNITY WHERE THEIR STATION IS
INCREASINGLY COMMON -- I THE
EFFECT THIS BILL WAS BROUGHT TO
ME BY SERVICE MEMBERS FROM CAMP
PARK WHICH IS IN MY DISTRICT --
IT STATIONED IN DUBLIN.
ALTHOUGH SERVICE MEMBERS RECEIVE
A BASIC ALLOWANCE FOR HOUSING
FOR THE MILITARY IT'S OFTEN NOT
ENOUGH TO COVER THE UP FRONT
COST OF RENTING IN CALIFORNIA.
AND WHILE SERVICE MEMBERS IN
CALIFORNIA RECEIVE A LARGER
ALLOWANCE.
DUE TO THE HIGHER COST OF LIVING
IT CAN TAKE MONTHS FOR THE
ALLOWANCE -- INCREASE TO TAKE
EFFECT WHEN SERVICE MEMBERS MOVE
HERE FROM OTHER STATES.
THIS FORCES SERVICE MEMBERS
DOCTORS OR TO LOANS OR OTHER
FORMS OF CREDIT TO PAY THEIR
SECURITY DEPOSIT IN FIRST
MONTH'S RENT -- THIS MEASURE
WILL ADDRESS THE ISSUE AND MAKE
SURE ACTIVE DUTY SERVICE MEMBERS
ARE ABLE TO AFFORD.
RENT WHILE SERVING.
THE BILL SUPPORTED BY MANY
VETERANS GROUPS INCLUDING THE
AMERICAN GI FORUM AND THAT'S THE
CALIFORNIA ASSOCIATION OF
VETERANS SERVICE AGENCIES.
WITH ME IS A MR NICHOLS ON
BEHALF OF THE AMERICAN GI FORUM
FOR CALIFORNIA AND I
RESPECTFULLY ASK YOUR RIVAL
TODAY.
THANK YOU CHRISTMAS BUT GOOD
MORNING DANA NICKEL WITH READ
THE GOVERNMENT RELATIONS
REPRESENTING THE FOLLOWING
VETERANS GROUPS IN SUPPORT.
THE AMERICAN GI FORUM OF
CALIFORNIANS AMVETS DEPARTMENT
OF CALIFORNIA CALIFORNIA STATE
COMMANDERS VETERANS COUNCIL
VIETNAM VETERANS OF AMERICA
CALIFORNIA COUNCIL STATE A
COUNCIL.
MILITARY ORDER OF MILITARY
OFFICERS ASSOCIATION OF AMERICA
OF CALIFORNIA AND THE CALIFORNIA
ASSOCIATION OF COUNTY VETERANS
SERVICE OFFICERS IN SUPPORT.
OF THE MILITARY ORGANIZATIONS WE
ARE PERCENT BELIEVE THAT THE MEN
AND WOMEN WHO SERVE OUR COUNTRY
AND ARE BASED IN THE STATE MERIT
YOUR HIGHEST CONSIDERATION FOR
THE RENTAL RELIEF THAT SB. SIX
FORTY FOUR PROVIDES.
WHEN I WAS OUT IN THE AUDIENCE I --
FOUND A STATISTIC THAT SAID
THERE'S OF A HUNDRED AND TWENTY
THREE THOUSAND MILITARY MEMBERS
IN CALIFORNIA ONE HUNDRED
THOUSAND OF THEM.
ARE WITH THE NAVY OR THE MARINE
CORPS AND THE NAVY AND THE
MARINE CORPS NORMALLY STATION
NEAR THE COAST.
AND WE KNOW THAT THE NEAR THE
COAST IS WORSE FOR THE HIGHEST
CONSULATE IN YOUR SOUL -- ALSO.
IF.
IT IS DIFFICULT TO A DIFFERENT
STATE WITH A SHORT NOTICE AFTER
BEING STATIONED SOMEWHERE ELSE
FOR YEARS BUT SERVICE MEMBERS TO
IT AND THEY DO IT BECAUSE THEY
UNDERSTAND.
WHAT THEIR COMMITMENT TO THE
ARMED FORCES MEANS WHAT IS MORE
DIFFICULT FOR SERVICE MEMBERS
AND THEIR FAMILIES TO UNDER IS
THE STRESSFUL PROCESS OF FINDING
HOUSING IN A SHORT PERIOD OF
TIME?
WHEN THEY ARE ORDERED TO
CALIFORNIA THIS PROBLEM IS
COMPOUNDED BY THE LACK OF
AFFORDABLE HOUSING?
SERVICE MEMBERS MUST HAVE SOME
KIND OF RELIEF SB SIX FORTY FOUR
IS A FAIR IN THIS IS SHERRY
APPROACH TO MITIGATING THE
PROBLEM SERVICE MEMBERS FACE
WHEN THE MOVE TO CALIFORNIA.
THE UNIFORM CODE OF MILITARY
JUSTICE ALSO CODIFIES THE
STANDARD OF CONDUCT THAT SERVICE
MEMBERS MUST FOLLOW WHICH
PROVIDE SUFFICIENT PROTECTION
FOR LANDLORDS LOOKING TO RECOUP
ANY LOSSES.
AS MENTIONED BEFORE IF FINANCIAL
OBLIGATIONS ARE NOT MEANT
SERVICE MEMBERS CAN FACE A
MYRIAD OF DISCIPLINARY ACTIONS.
THANK YOU.
THANK YOU THE BILL.
OKAY WE DO HAVE A MOTION AS
THEIR SECOND AND A SECONDS.
ANYONE ELSE IN SUPPORT.
MISTER CHAIR AND MEMBERS ALEX
TAURUS ON BEHALF OF THE
CALIFORNIA ASSOCIATION OF
VETERANS SERVICE AGENCIES IN
SUPPORT THANK YOU THANK YOU.
ANYONE ELSE IN SUPPORT.
I THINK THAT IS THEIR OPPOSITION.
I'D SAY NONE OF BRING IT BACK TO
THE COMMITTEE QUESTIONS COMMENTS
MR OBERNOLTE.
I THANK YOU MISTER CHAIR AT
CENTER I THINK YOU'RE GET AN
IMPORTANT ISSUE HERE HAPPY TO
SUPPORT YOUR BILL I HAD ONE
QUESTION THOUGH IN.
A READING THE WAY THAT THE BILL
AS DRAFTED -- YOU'VE GOT
PARAGRAPH TWO WHICH ESTABLISHES
THIS LIMITATION OF ONE MONTH
SECURITY DEPOSIT.
FOR THE MEMBERS THE ARMED FORCES
THAT FIT INTO THIS CATEGORY BUT
THEN YOU'VE GOT -- SECTION A
THAT SAYS A LANDLORD MAY DEMAND
OR RECEIVE SECURITY FROM A
SERVICE MEMBER.
WHO RENTS RESIDENTIAL PROPERTY
IN WHICH THE SERVICE MEMBER WILL
RESIDE?
IF THE TENANT HAS A HISTORY OF
POOR CREDIT OR CAUSING DAMAGE TO
THE RENTAL PROPERTY OR ITS
FURNISHINGS AND I FOUND THAT
VERY CONFUSINGLY WRITTEN BECAUSE
I DON'T UNDERSTAND I MEAN.
THAT THE LANDLORD ALREADY MAY
DEMAND SECURITY FROM THOSE
PEOPLE I THINK YOU'RE TRYING TO
EXEMPT.
LANDLORDS FROM THAT SECTION.
IN THE EVENT THAT A SERVICE
MEMBER HAS POOR CREDIT HISTORY --
YOU'VE ALSO GOT THIS PARAGRAPH
BE THIS SECTION BE THAT SAYS
THIS PARAGRAPH DOES NOT APPLY TO
A SITUATION IN WHICH THE
PROPERTIES MANAGER GROUP OF
INDIVIDUALS AND I THINK THAT'S
WHAT YOU'RE TRYING TO SAY IN
PARAGRAPH A AS WELL BUT IT
WASN'T CLEAR TO ME.
THROUGH THE CHAIR -- WE DID
AMEND THE BILL TO TO TRY TO
CLARIFY THIS CORRECTLY AND IF
IT'S NOT CLARIFY CORRECTLY I'M
HAPPY TO GO BACK AND REVISIT
THAT BUT IT'S REALLY MEANT TO
EXEMPTS THE IF THEY HAVE A BAD
CREDIT RATING.
A CREDIT HISTORY -- THIS BILL
WOULDN'T APPLY THAT'S THE
INTENTION SO IN OTHER WORDS THE
PARAGRAPH TO WOULDN'TAPPLY YOU
GO BACK TO THE INTERPRETATION OF
PARAGRAPH ONE WHICH MEANS THAT
THEY CAN A MAN TWO MONTHS REST.
THAT'S CORRECT OKAY.
OKAY WELL THANKS I JUST I FOUND
THAT CONFUSING.
AND I'M HAPPY TO CLARIFY AND
MAKE SURE IT'S BEEN WRITTEN
CORRECTLY BUT THAT WAS THE
PURPOSE OF THE AMENDMENT THERE.
THANK YOU ANY OTHER QUESTIONS OR
COMMENTS.
ALL RIGHT SEEING NONE SANITY
MAKEOVER THANK YOU FOR YOUR
CONSIDERATION AND FOR YOUR
CONCERN FOR OUR SERVICE MEMBERS
AND WHAT THEY GO THROUGH.
THAT APPRECIATED I'VE OF TODAY
THANK YOU WE DO HAVE A MOTION A
SECOND THAT MOTION IS DO PASSED.
TO THE COMMITTEE ON VETERANS
AFFAIRS CALL THE ROLL PLEASE
STONE BY STONE AYE GALLAGHER.
GALLAGHER I CHAO [inaudible]
CHIU [inaudible]
GABRIEL.
APRIL I HOLDEN.
HOLDEN AYE KALRA.
CALLER I KILEY.
KILEY AYE MAIENSCHEIN OBERNOLTE.
OBERNOLTE I PETRIE-NORRIS
PETRIE-NORRIS I REYES.
THAT BILLS OUT THANK YOU VERY
MUCH THANK YOU THANK YOU.
STATE SENATOR TERRAZZO.
TEXAS TO WE HAVE TWO ITEMS
BEFORE US ITEM NUMBER SEVEN SB
SIX TWO TWO AND ITEM NUMBER.
TEN SB SEVEN FORTY NINE DO YOU
HAVE A PREFERENCE.
ALRIGHT SO I'VE NEVER SEVEN SB
[inaudible] SIX TWENTY TWO TO
THANK YOU MORNING.
GOOD MORNING GOOD MORNING MISTER
CHAIR AND UP MEMBERS -- I WANNA
START BY ACCEPTING THE
COMMITTEES SUGGESTED CLARIFYING
AMENDMENTS REFERENCED ON PAGE
NINE OF THE COMMITTEE ANALYSIS.
AND THANK YOUR STAFF FOR THE
WORK ON THIS MEASURE.
UP IN TWENTY ELEVEN ICE
DEVELOPED THE OPERATIONS
PERFORMANCE BASED NATIONAL
DETENTION STANDARDS WHICH LAYS
OUT THE BASIC HEALTH AND SAFETY
STANDARDS.
DETAINEES SHOULD RECEIVE WHILE
IN DETENTION.
HOWEVER THE STANDARDS ARE NOT
CODIFIED AND THEREFORE NOT
CURRENTLY ENFORCEABLE.
THERE HAVE BEEN CONSISTENT
REPORTS OF HUMAN RIGHTS ABUSES
IN DETENTION FACILITIES.
INCLUDING PHYSICAL AND SEXUAL
ABUSE POR ACCESS TO HEALTH CARE.
LITTLE ACCESS TO LEGAL COUNSEL
OVER USE OF SOLITARY CONFINEMENT
AND EVEN DEATHS.
OVER THE LAST YEAR THE
CALIFORNIA ATTORNEY GENERAL THE
CALIFORNIA STATE AUDITOR AND
DISABILITY RIGHTS CALIFORNIA
HAVE RAISED ALARM MEAN ISSUES AT
IMMIGRATION DETENTION FACILITIES
IN CALIFORNIA.
SINCE MARCH OF TWENTY TEN ICE AS
REPORTED TOTAL OF EIGHTY THREE
DEATHS NATIONALLY.
IN ADULT IMMIGRATION DETENTION
CENTERS.
IN CALIFORNIA ALONE THERE BEEN
AT LEAST.
THIRTEEN ASSOCIATED WITH
IMMIGRATION DETENTION.
INDEPENDENT MEDICAL EXPERTS HAVE
FOUND THAT IN TWENTY THREE CASES.
INADEQUATE MEDICAL CARE
CONTRIBUTED TO THESE FATALITIES.
THE AUDITOR FOUND THREE CITIES
IN PARTICULAR OTHER LANDEL
MCFARLAND AND HOLD BILL.
SUBCONTRACTED TO PRIVATE
OPERATORS NEARLY ALL OF THEIR
RESPONSIBILITIES UNDER THEIR ICE
CONTRACTS.
INCLUDING PROVIDING DETAINEES
WITH HOUSING SAFE KEEPING
SUBSISTENCE AND MEDICAL SERVICES.
THE CITY'S PROVIDE LITTLE OR NO
OVERSIGHT OF THE PRIVATE
OPERATORS AND SIMPLY PASSED
FEDERAL PAYMENTS FROM ICE. TO
THESE SUBCONTRACTORS DESPITE
THAT FEDERAL INSPECTIONS HAVE
FOUND SERIOUS SAFETY PROBLEMS --
SERVICE HEALTH AND SAFETY
PROBLEMS AT THESE FACILITIES.
FOR EXAMPLE A RECENT FEDERAL
INSPECTION OF THE OTHER ALLOWED
THE DETENTION FACILITY REPORTED
ONE SUICIDE AND THREE SUICIDE
ATTEMPTS.
INADEQUATE DENTAL CARE AND
CURSORY MEDICAL ASSESSMENTS.
THESE INCIDENTS OFTEN GO
UNADDRESSED AND VICTIMS HAVE NO
RECOURSE.
IN TWENTY SEVENTEEN THE
CALIFORNIA LEGISLATURE DIRECTED
THE ATTORNEY GENERAL TO RVIEW
THESE FACILITIES TO PROVIDE
GREATER TRANSPARENCY ABOUT THE
CONDITIONS OF CONFINEMENT
CONFINEMENT.
A DISABILITY RIGHTS CALIFORNIA
INVESTIGATION REVEALED THAT WHEN
CONDITIONS IN A DETENTION
FACILITY FALL BELOW PREVAILING
LEGAL AND OTHER STANDARDS IT IS
PEOPLE WITH DISABILITIES. FOR
AMONG THE MOST LIKELY TO SUFFER
THE HARMS THAT RESULT -- OF AB
SB SIX TWENTY TWO REQUIRES CIVIL
DETENTION FACILITIES. TO
IMMEDIATELY NOTIFY THE
CALIFORNIA ATTORNEY GENERAL OF
ANY DEATH IN CIVIL CUSTODY.
THE DEPARTMENT OF JUSTICE WILL
ASSUME JURISDICTION OVER THE
INVESTIGATION OF THE DEATH AND
WILL IMMEDIATELY OPEN AN
INVESTIGATION INTO THE CAUSE AND
CIRCUMSTANCES OF THE DEATH.
THIS BILL WILL CREATE GREATER
TRANSPARENCY AND ACCOUNTABILITY
IN THE CIVIL DETENTION
FACILITIES CURRENTLY OPERATING
IN CALIFORNIA.
INDEED PRIVATE COMPANIES MAKE
BILLIONS IN PROFITS EVERY YEAR
FROM INCARCERATED MOTHERS
FATHERS CHILDREN AND OTHERS IN
OUR BROKEN IMMIGRATION SYSTEM.
IT IS EVEN MORE CRUCIAL NOW THAN
EVER BEFORE THE CALIFORNIA
INSIST ON HUMANE AND JUST
TREATMENT FOR ALL INCARCERATED
IN OUR STATE.
WITNESSES WITH ME TODAY ARE
MELISSA CASTRO FROM LOS ANGELES
AND WE'RE CELL RES WITH THE
IMMIGRANT LEGAL RESOURCE CENTER
AND MEET.
INTRODUCE YOURSELF AS WELL THANK
YOU THANK YOU FIRST WITNESS
PLEASE -- GOOD AFTERNOON OR GOOD
MORNING -- THANK YOU FOR
ALLOWING ME TO SPEAK IN FRONT OF
YOU TODAY -- MY NAME IS MELISSA
CASTRO AND I'M FROM LOS ANGELES.
I'M HERE TODAY TO SPEAK TO YOU
ABOUT MY EXPERIENCE WITH ICE.
JOSE LUCY BUT ARE BOTH STILL WAS
MY HUSBAND AND THE FATHER OF OUR
NOW FOUR MONTH OLD SON.
IN LATE JANUARY TWO THOUSAND
NINETEEN HE WAS DETAINED BY ICE
AND EVENTUALLY WAS TAKEN TO THE
OF THE MONTH -- DETENTION CENTER
AND OTHER MONTH OF CALIFORNIA.
FOUR DAYS AFTER GIVING BIRTH I
RECEIVED A CALL FROM A STATING
THAT MY HUSBAND WAS AT THE LOMA
LINDA HOSPITAL -- DUE TO A
PASSING OUT EPISODE.
UPON MY ARRIVAL I WAS INFORMED
BY DOCTORS THAT IT WAS ACTUALLY --
HE ACTUALLY HAD SUFFERED FROM A
BRAIN HEMORRHAGE.
WHILE HE WAS -- AT THE HOSPITAL
UNDER ICE CUSTODY HE WAS
HANDCUFFED TO THE BED BY HIS
FOOT -- EVEN AFTER I WAS
INFORMED THAT HE WAS IN AND AN
INTENSIVE COMA AND MEDICALLY
PARALYZED HE WAS ALSO GUARDED BY --
TWO GUARDS.
WHICH WERE INSIDE HIS ROOM THE
TWENTY FOUR HOURS.
I WAS ALSO INFORMED BY THE
GUARDS AND THE DOCTORS.
THAT THE DOCTORS WERE NOT
ALLOWED TO DISCLOSE ANY
INFORMATION TO ME REGARDING WHAT
HAPPENED TO MY HUSBAND.
BEFORE HE WAS TRANSFERRED TO
THAT SPECIFIC HOSPITAL.
AS HIS WIFE I WANTED TO KNOW
WHAT HAPPENED TO HIM BEFORE HE
GOT THERE.
WHAT PROTOCOLS WERE TAKEN IN
ORDER? TO ENSURE THAT MY HUSBAND
RECEIVE THE PROPER CARE.
I WAS LATER INFORMED BY THE
DOCTORS DURING ONE OF OUR
DISCUSSIONS BUT HE WAS IN FACT
ACTUALLY TRANSFERRED NOT FROM
THE FACILITY BUT FROM A PREVIOUS
HOSPITAL.
THE NIGHT BEFORE [inaudible]
THIS REYES.
QUESTIONS FOR MYSELF AND FOR MY
FAMILY WHY WAS I NOT INFORMED
IMMEDIATELY UPON -- UPON HIS
ARRIVAL TO THE FIRST HOSPITAL
WHEN DID THE INITIAL INCIDENT
OCCUR.
HOW LONG WAS HE AT THE AYE
FACILITY BEFORE HE WAS
TRANSFERRED TO THE HOSPITAL AND
WHAT ACTUALLY HAPPENED THAT LED
ICE TO TAKE HIM TO THE HOSPITAL?
THESE ARE JUST SOME OF THE FEW
QUESTIONS THAT WE ARE STILL.
ASKING -- THAT WE DON'T HAVE
ANSWERS.
TO MY HUSBAND WAS RELEASED FROM
ICE BECAUSE CITY WHILE HE WAS
STILL IN THE HOSPITAL AND STILL
UNCONSCIOUS HE PASSED AWAY TWO
WEEKS LATER.
AS HIS WIFE.
IT PAINS ME TO KNOW THAT HE IS
NO LONGER WITH US BUT HE NEVER
MET HIS SON.
AND THAT WE DON'T KNOW EXACTLY
WHAT HAPPENED AND WHAT CLOSURE.
THIS ISN'T THE FIRST TIME THAT
SOMETHING LIKE THIS HAS HAPPENED
TO A FAMILY.
WHILE THEIR LOVED ONE IS UNDER
ICE CUSTODY.
I'M HERE TODAY TO ASK YOU. TO
VOTE IN FAVOR FOR SENATE BILL
SIX TWENTY TWO AS NO FAMILY
SHOULD HAVE TO SEE THEIR LOVED
ONES AND THOSE CONDITIONS ON
THEIR FILE FINAL HOURS.
WE SHOULD ALL HAVE THE RIGHT TO
KNOW WHAT HAPPENED TO OUR LOVE
ONES THANK YOU.
THANK YOU
THANK YOU FOR TESTIFIED THAT IS
A DIFFICULT STORY WE'RE VERY
SORRY FOR YOUR LOSS THANK YOU.
NEXT WITNESS PLEASE.
GOOD MORNING MY NAME IS CHRIS
OUR WAYS AND I AM HERE IN
SUPPORT OF SB SIX TWO TWO IF
PASSED TAX BETH B. SIXTY TWO
WOULD ENSURE THAT THEIR SWEPT
INVESTIGATION TRANSPARENCY.
AND ACCOUNTABILITY IF THERE IS A
DEATH IN CIVIL CUSTODY IN
CALIFORNIA.
I'M A SUPERVISING ATTORNEY AT
THE IMMIGRANT LEGAL RESOURCE
CENTER WE SUPPORT THIS SPELL AND
ARE PROUD CO SPONSORS BECAUSE OF
THE DOCUMENTED SYSTEMIC FAILURES.
IN DETENTION MEDICAL CARE -- IN
THE LAW AND THE OBVIOUS FACTS
THAT SHOW THAT THEIR LACK OF
MEDICAL CARE RESULTS INFREQUENT
DEATHS AND ATTENTION I'M
INCLUDING OVER A DOZEN IN
CALIFORNIA ALONE.
A RECORD NUMBER OF PEOPLE ARE
BEING DETAINED IN IMMIGRATION
DETENTION NATIONALLY IN FEBRUARY
OF THIS YEAR THE CALIFORNIA
ATTORNEY GENERAL.
REPORTED THAT DURING THE LAST
THREE YEARS BOTH PUBLIC AND
PRIVATE DETENTION FACILITIES IN
CALIFORNIA HOUSE MORE THAN
SEVENTY FOUR THOUSAND IMMIGRANT
DETAINEES.SINCE MARCH TWO THOUSAND TEN ICE
HAS REPORTED OVER AT DEATH METAL
IMMIGRATION DETENTION AN
INDEPENDENT MEDICAL EXPERTS
REVIEWING GOVERNMENT DOCUMENTS
OBTAINED FAR CO SPONSORS HUMAN
RIGHTS WATCH.
RELATING TO EVENTS LEADING UP TO
FIFTY TWO OF THE STATS FOUND
THAT IN TWENTY THREE CASES AN
ADEQUATE MEDICAL CARE
CONTRIBUTED TO THE FATALITY.
IN CALIFORNIA THAT INCLUDES
PEOPLE LIKE MR FERNANDO THE
MINGUS BETTY VIA WHO PASSED AWAY
IN MARCH OF TWO THOUSAND TWELVE
WHILE DETAINED AT THE AUTO ONTO
DETENTION FACILITY.
KNOWN AS THE MOST DEADLY
DETENTION FACILITY IN THE NATION --
IT THIS DEATH OCCURRED FROM
RESULTS AND DELAYS IN ADDRESSING
AMMONIA WHICH IS A TREATABLE
DISEASE -- THERE IS ALSO ANOTHER
INCIDENT MR RAO AN ESTIMATE OF
THIS RAMEAU'S WHO SUFFERED FROM
SYMPTOMS OF CANCER STARTING IN
TWO THOUSAND THIRTEEN BUT NEVER
SAW A DOCTOR IN TOW.
A MONTH BEFORE HE DIED IN APRIL
OF TWO THOUSAND FIFTEEN AT THE
AUTO ONTO A DETENTION FACILITY.
THE DOCTOR WHO WAS CERTIFIED AS
WHO WAS CERTIFIED IN MEDICAL
ONCOLOGY TOLD ICE INVESTIGATORS
THAT WHEN SHE SAW THAT
INDIVIDUAL HE HAD THE LARGEST
ABDOMINAL MATCH SHE HAD EVER
SEEN IN HER PRACTICE WHICH WAS
OF IT VISIBLE THROUGH THE
ABDOMINAL WALL.
ANOTHER CALIFORNIAN MISTER JOSE
AYE AYE SERBIA DIED IN TWO
THOUSAND FIFTEEN AN OFFICER AT
THE OTTAWA TO DETENTION FACILITY
TOLD THE NURSE THAT HE WAS EL
AND VOMITING.
THE NURSE TOLD THE TOLD HIM THAT
SHE DID NOT WANT TO SEE MISTER
ICE WITH THE I. BECAUSE SHE DID
NOT WANT TO GET SICK.
THIS BEGAN A SERIES OF
UNCONSCIONABLE DELAYS WHICH
TURNED INTO A FATAL HEART ATTACK.
ANOTHER CASE MR HEAD OF CREW
SANCHES DIED WHILE DETAINED BY
THE US MARSHAL SERVICE AS A
MATERIAL WITNESS IN THE OTAY
MESA DETENTION FACILITY.
ACCORDING TO A WRONGFUL DEATH
SUIT FILED BY MR CRUISE SANCIOUS
FAMILY MISTER CHRIS SANCHEZ BAG
FOR CARE BEFORE HIS DEATH AND
WAS ONLY GIVEN ASSISTANCE WHEN
AN OFFICER HAPPENED UPON HIM
AFTER HE HAD COUGHED UP SO MUCH
BLOOD THAT.
HIS *-(** CHEEKS WERE SOAKED
REGRETTABLY THESE ARE JUST A FEW
OF THE CASES THAT WE'VE HAD IN
CALIFORNIA.
AND REGRETTABLY WE'VE HAD A
RECENT DEATH -- IN A WHOSE WHOSE
WIDOWS RICK IS HERE WITH US
TODAY.
I WANT TO THANK SENATOR THE
RUSSELL FOR PUTTING FOR THIS
IMPORTANT LEGISLATION WHICH WILL
HELP TO ENSURE THAT IF ANOTHER
DEATH REGRETTABLY HAPPENS --
THAT OUR STATE WILL RESPOND
IMMEDIATELY WITH INVESTIGATION
AND ANSWERS AS TO THE CAUSE OF
DEATH -- TO HOPEFULLY ENSURE
THAT SUCH THAT SUCH THAT'S NEVER
HAPPEN AGAIN.
AND WE THANK YOU FOR YOUR TIME
AND REQUEST FULLY REQUESTED FOR
YOUR SUPPORT THANK YOU.
THANK YOU A SERVICE PLEASE.
AS A RESULT OF THE TRAILER
CLOSER FREEMAN IMMIGRANT RIGHTS
IN STRONG SUPPORT OF THIS
MEASURE.
THANK YOU.
NO ONE ELSE IN SUPPORT THEY GIVE
US YOUR NAME AND YOUR
AFFILIATION PLEASE -- CHILD
DISABILITY RIGHTS CALIFORNIA
WHERE STRONG SUPPORT THANK YOU.
GOOD MORNING MR TERM MEMBERS
MIKE A DOCTOR OFF ON BEHALF OF
THE ACLU OF CALIFORNIANS STRONG
SUPPORT.
STEVE GORMAN WITH THE OF
CALIFORNIA CIVIL LIBERTIES
ADVOCACY VERY STRONG SUPPORT
THANK YOU ANYONE ELSE IN SUPPORT.
SEEING NONE IS THERE ANY
OPPOSITION.
ALL RIGHTS AND NONE OF BRING
BACK TO THE COMMITTEE.
QUESTIONS COMMENTS.
CNN SATURDAY MAY CLOSE.
I RESPECTFULLY ASK FOR YOUR AYE
VOTE THANK YOU VERY MUCH THANK
YOU LOOKING FOR A MOTION THAT
MOTIONS TO PASS AS AMENDED TO
APPROPRIATIONS.
YOU HAVE A MOTION IS THERE A
SECONDS WILL TAKE ONE OF THOSE
IS A SECOND THANK YOU VERY MUCH.
KALRA PLEASE STONE BY STONE AYE
GALLAGHER.
GALLAGHER I CHAU.
CHU.
CHU WI GABRIEL.
GABRIEL I HOLDEN.
HOLDEN I KALRA.
KALRA AYE KILEY.
EARLY NO MAIENSCHEIN OBERNOLTE.
OBERNOLTE NO PETRIE-NORRIS
PETRIE-NORRIS I REYES.
THAT BILLS OUT THANK YOU VERY
MUCH.
AND I WILL GO TO ITEM NUMBER TEN
SB
.
SEVEN FORTY NINE YES PLEASE
THANK YOU THANK YOU VERY MUCH --
FIRST I WOULD LIKE TO THANK THE
COMMITTEE FOR THEIR EXCELLENT
AND VERY COMPREHENSIVE ANALYIS
OF THIS BILL.
OF IT ALSO LIKE TO ACCEPT THE
AMENDMENTS AS DETAILED ON GIVE
ME JUST SEVEN AND EIGHT OF THE
COMMITTEE ANALYSIS.
SB SEVEN FOUR NINE IS A NARROW
APPROACH FOR PUBLIC ACCESS TO
PUBLIC INFORMATION ABOUT PUBLIC
CONTRACTS.
AND PROVIDING TRANSPARENCY IN
HOW HUNDREDS OF MILLIONS.
IN TAXPAYER DOLLARS ARE BEING
SPENT.
MY BILL WOULD MAKE CLEAR THAT
INFORMATION IN A PUBLIC CONTRACT.
THAT IS IN THE POSSESSION OF A
PUBLIC AGENCY.
PERTAINING TO JOB CREATION JOB
QUALITY AND JOB RETENTION AS
WELL AS BY AMERICA FEDERAL LAWS
COMPLIANCE.
IS NOT A TRADE SECRET UNDER THE
CALIFORNIA PUBLIC RECORDS ACT.
IN FACT CALIFORNIA COURTS HAVE
CONSISTENTLY RULED THAT THIS
INFORMATION IS NOT A TRADE
SECRET AND IS SUBJECT TO
DISCLOSURE.
SB SOME FORTY NINE POSITIONS
CALIFORNIA TO BE A LEADER IN
MAKING SURE THAT OUR TAX DOLLARS
ARE USED IN A RESPONSIBLE WAY.
AS A GLOBAL ECONOMIC LEADER
CALIFORNIA'S STRIVES TO GOVERN
AND PURCHASE FOR THE COMMON GOOD.
OUR STATE HAS LONG COMMITTED TO
RESPONSIBLE CONTRACTING POLICIES
BUT TO ACHIEVE FULLY THE GOALS
OF RESPONSIBLE CONTRACTING.
ACCESS TO KEY INFORMATION IS
VITAL.
WITHOUT ACCESS TO INFORMATION
ABOUT JOBS HOW CAN WE BE
POSITIVE THAT ARE PURCHASING
POWER REWARDS RESPONSIBLE
CONTRACTORS AND COMPANIES.
EARNING PROFITS WITH OUR PUBLIC
DOLLARS [inaudible]
INCREASINGLY RECORDS RELATED TO
WAGES BENEFITS JOB QUALITY
RETENTION AND TRAINING PROGRAMS
ARE REDACTED FROM PUBLIC
DOCUMENTS AT THE REQUEST OF
COMPANIES.
CLAIMING AN EXEMPTION TO THE
CALIFORNIA PUBLIC RECORDS ACT.
CALIFORNIANS DESERVE A FAIR
RETURN ON OUR TAXES AND THE ONLY
WAY TO KNOW IF WE ARE GETTING
WHAT WE BARGAINED.
FOR IS GETTING INFORMATION
RELATED TO JOBS.
IN THIS IS BE SEVEN FORTY NINE
IS AN OPPORTUNITY FOR CALIFORNIA
TO BE A LEADER.
IN MAKING SURE OUR TAX DOLLARS
ARE TRULY CREATING JOBS AND JOB
QUALITY.
TODAY WE HAVE EXPERTS AS EXPERTS
SAID THIRD VS BENJAMIN COLBERT
CHECK.
UP WILLIE SOLARE SUNAL AND OF
THE LAST SHOT BOLEH [inaudible]
THANK YOU.
THANK YOU FIRST WITNESS PLEASE.
GOOD MORNING I'D CHAIR STONE AND
COMMITTEE MEMBERS MY NAME IS BEN
KAMAL CHECK I'M ASSOCIATE TURN
AT THE LAW FIRM A CRACK
INSTRUMENT IN HOLES VERY -- MY
PRACTICE CONSISTS OF
REPRESENTING UNIONS WORKERS AND
NONPROFIT ORGANIZATIONS.
THE CALIFORNIA PUBLIC RECORDS
ACT PLAYS A CRUCIAL ROLE IN
ENSURING GOVERNMENT
ACCOUNTABILITY BY PROVIDING THE
PUBLIC ACCESS TO GOVERNMENT
RECORDS AND DOCUMENTS.
HOWEVER IS BECOME EXCEEDINGLY
COMMON FOR PRIVATE COMPANIES
THAT RECEIVE GOVERNMENT
CONTRACTS OR SUBSIDIES TO SUE
AGENCIES TO BLOCK DISCLOSURE OF
RECORDS RELATED TO HOW THOSE
CONTRACTS FOR GRANTED.
RECENTLY NEW FIRE THE LARGEST
BUS MANUFACTURER IN NORTH
AMERICA ATTENDED TO USE THIS
TECHNIQUE TO CONCEAL INFORMATION
ABOUT THE WAGE BENEFIT AND JOB
CREATION.
PROMISES THEY MADE TO OBTAIN A
FIVE HUNDRED MILLION DOLLAR
CONTRACT FROM LA METRO.
THIS IS ESPECIALLY CAN --
CONCERNING CONSIDERING THE
GROWING COMMITMENT IN CALIFORNIA --
TO UTILIZE GOVERNMENT
CONTRACTING SUBSIDY PROCESS SEES --
FOR BROADER SOCIAL AND ECONOMIC
IMPACT.
PRIVATE COMPANIES ARE WARDED
GOVERNMENT CONTRACTS AND
SUBSIDIES IN EXCHANGE FOR MAKING
THESE KINDS OF PROMISES TO THE
PUBLIC.
IF COMPANIES CAN CLAIM THE JOB
PROCUREMENT INFORMATION AS A
TRADE SECRET THE WORKING PEOPLE
OF CALIFORNIA CAN'T NO FEES
PROMISES ARE BEING CAT.
A FURTHER THE ABILITY FOR
PRIVATE COMPANIES TO PURSUE
COSTLY LITIGATION RESPONSES HE
PARA QUEST.
MUSCLE THE PUBLIC OUT OF
UTILIZING THE CPR A AND PUBLIC
AGENCIES ARE FORCED INTO A A
DIFFICULT POSITION BETWEEN THEIR
CBRE OBLIGATIONS.
AND THE THREAT OF COSTLY
LITIGATION FOR PRIVATE COMPANIES.
SB SEVEN FORTY NINE ADDRESSES BY
CLEAR FIND A NARROW CATEGORY OR
NARAL CATEGORIES OF DOCUMENTS --
RELATED TO JOB CREATION IN
QUALITY AND PROCUREMENT IT WOULD
NOT BE CONSIDERED A TRADE SECRET
UNDER THE EXEMPTION THE CPR A
THIS BILL SUPPORTING BY EXISTING
LAW.
WELL BY CONSTITUTIONAL MANDATE
EXEMPTIONS FROM THE COMPEL
DISCLOSURE MUST BE NARROWLY
CONSTRUED.
I THE CPR INCORPORATES A TRADE
SECRET EXEMPTION ONLY INDIRECTLY
THROUGH REFERENCE TO A
CONDITIONAL PRIVILEGE AND THE
EVIDENTIARY CODE.
NO CORPS IN CALIFORNIA HAS FOUND
THAT THE CATEGORIES OF DOCUMENTS
INCLUDING SB SEVEN FORTY NINE R.
TRADE SECRETS UNDER THE CPR A
EVEN IF.
SIR TO TRADE SECRET UNDER THE
SEA PARA YOU MUST THEN DO A
BALANCING TEST.
BETWEEN THE PUBLIC INTEREST IN
THE CLOTHES AND DISCLOSURE AND
THE CLAIMS TRADE SECRET.
THE PUBLIC INTEREST STRONGLY
FAVORS DISCLOSURE OF THE
DOCUMENTS INCLUDE IN SB.
SEVEN FORTY NINE CALIFORNIA
SUPREME COURT HAS CONCLUDED THAT
ACCESS TO BID DOCUMENTS IS
REQUIRED ON THE CPR.
CALIFORNIA STRONG PUBLIC POLICY
BECAUSE THE CONFIDENTIALITY OF
EMPLOYEE WAGES.
AND COURTS OF REGULARLY HELD THE
FINANCIAL INFORMATION SUBMITTED
TO THE GOVERNMENT IS THIS
CLOSABLE.
IN THE LAWSUIT BROUGHT BY NEW
FLYER THE COURT CONSIDERED THAT
PUBLIC POLICY.
AND HOW THAT THE PUBLIC INTEREST
IN DISCLOSURE OF INFORMATION
RELATED TO HOW NEW FLYER WITH
ABLE TO OBTAIN A GOVERNMENT
CONTRACTOR MAKING THESE KINDS OF
PROMISES.
OUTWEIGHED ANY POTENTIAL
COMPETITIVE HARM RESULTING FROM
DISCLOSURE.
SIMILARLY THE CATEGORIES OF
DOCUMENTS IN SB SEVEN FORTY NINE
PROVIDE SIMPLE -- CLEAR FINE --
DIRECTION TO THE COURTS -- SO
THAT THE THESE PROMISES MADE TO
CALIFORNIA'S COMMUNITIES CAN BE
CAPPED.
I WANT -- TO SIR I NEED TO TO
WRAP UP YES -- THANK YOU HAVE
AVAILABLE FOR QUESTIONS.
THANK YOU A SERVICE PLEASE MR
MEMBERS AS ARE THE OTHER ME HALF
OF THE STATE BUILDING AND
CONSTRUCTION TRADES COUNCIL
PRADA SUPPORT THIS BILL WE HAVE
A LONG HISTORY OF ADJUSTING
PROCUREMENT POLICIES AS A REALLY
TO CONSTRUCTION FOR TRANSPARENCY.
AND ACCOUNTABILITY -- BUT WE
ALSO ESTABLISHED DIFFERENT TYPES
OF PROCUREMENT EASEMENT SO THAT
WE ARE BALANCING OUT THE NEEDS
OF THE CONTRACTORS WITH THE
NEEDS OF THE PUBLICATIONS HE'S.
ONE OF THOSE SUCH -- EASEMENTS
AS BASICALLY PRE QUALIFICATION.
SO A A SCHOOL DISTRICT FOR
EXAMPLE HAS TO PRE QUALIFY IT
THEIR CONTRACTORS WHEN A
CONTRACTOR SEEKS TO WORK ON A
STATE BOND FUNDED PROJECT.
THAT DOESN'T MEAN THAT THE
CONTRACTORS ARE WINNING THE BITS
BUT IN ORDER TO BE ELIGIBLE TO
BID THEIR PROVIDING KEY IN
NECESSARY INFORMATION SET THE
SCHOOL DISTRICT KNOWS WHO
THEY'RE ACTUALLY INTO GOING INTO
BUSINESS WITH.
THAT IS -- WAGE VIOLATIONS
HEALTH AND SAFETY THEIR
FINANCIAL STANDARD TO MAKE SURE
THAT THEY'RE SECURE AND NOT
GOING TO ACCEPT THE CONTRACT AND
THEN GO BELLY UP THAT INVESTMENT
THAT THE STATE BOND -- PAYERS
ARE MAKING INTO THAT PARTICULAR
PROJECT IS SIGNIFICANT NEW WANT
TO MAKE SURE THAT THE MOST
RESPONSIBLE CONTRACTORS ALL THE
ONES THAT ARE WORKING ON THOSE
PROJECTS.
SO THAT'S ONE ANOTHER METHOD IS
BEST VALUE WHEN YOU LOOK WHEN
YOU LOOK AT BEST VALUE PROJECT
YOU'RE NOT DELIVERING IT BASED
ON THE LOWEST RESPONSIBLE BIDDER
YOU'RE LOOKING AT OTHER FACTORS
THAT.
BASICALLY THE TERM WITH THAT
CONTRACTOR IS GOING TO BE BETTER
BETTER IN TERMS OF QUALITY OR
OTHER TYPES OF ISSUES LIKE THERE
DON'T HAVE WAIT LET WAGE
VIOLATIONS A KERRY WORKERS COMP
TO HAVE A GOOD HISTORY WORKING.
IN THOSE PARTICULAR COMPLEX
PROJECTS SO BECAUSE OF THAT
MAYBE THEIR BID IS A LITTLE BIT
HIGHER BUT YOU'RE GETTING THE
BEST VALUE OUT OF IT.
BUT THAT DOESN'T MEAN YOU'RE
SACRIFICING LABOR STANDARDS AND
WAGES ALL ALL AND ENCOMPASSING
SO WE THINK THAT THE EVOLUTION
OF PROCUREMENT PRACTICES AND
ALSO PROJECT DELIVERY METHODS
SUCH AS MANUFACTURING.
NEED TO BE CAUGHT UP TO SPEED
AND THIS LAW ENSURES THAT THAT
INVESTMENT WITH THERE BEING
MANUFACTURED HOMES OR WHETHER IT
BE IN -- MANUFACTURED MODULAR
BUILDINGS FOR SCHOOLS THAT THE
X. THE WAGES AND THE BENEFITS
THAT ARE PAID TO THOSE WORKERS
ARE NOT POSSIBLE SACRIFICE IN AN
EXTENT TO PROVIDE SOME KIND OF
SUBSIDY TO THE ACTUAL RECIPIENT.
WE THINK THAT OUT AS THE STATE
IS A MARKET PARTICIPANT IN A LOT
OF THESE INVESTMENTS IT IS
INHERENTLY THEIR BEST IN THEIR
BEST INTEREST TO ENSURE THAT
ACCESS TO PUBLIC INFORMATION.
SUCH AS JOB CREATION AND
COMMITMENTS ARE ACTUALLY FULFILL
FOR THOSE USED WE ASK FOR YOUR
SUPPORT.
THANK YOU ALLOW ONE MORE WITNESS
HI GOOD MORNING TWENTY MEMBERS
MY NAME IS OF THE WASHABLE AND
THE CALIFORNIA SENIOR POLICY
COORDINATOR AT DROPS TO MOVE
AMERICA.
AND WE ARE IN STRONG SUPPORT OF
THIS BILL [inaudible]
THANK YOU.
ANYONE ELSE IN SUPPORT VERY GOOD
YES YOU HARM HAVE THE CALIFORNIA
EMPLOYMENT LAWYERS ASSOCIATION
AND SUPPORT.
IGNITES YOUR HERNANDEZ I'M WE
HAVE THE COMMUNICATION WORKERS
OF AMERICA JUST DISTRICT NINE
SUPPORT.
STEVE GORMAN WITH THE CALIFORNIA
CIVIL LIBERTIES ADVOCACY STRONG
SUPPORT.
WE SOLANO WITH MARK ONE OF FIVE
UNIT IN FULL SUPPORT.
SIR FLUX CALIFORNIA LABOR
FEDERATION IN SUPPORT.
THANK YOU ANYONE ELSE IN SUPPORT.
WRITING THAT IS THEIR OPPOSITION.
I KNOW IT'S LATE IN THE MORNING --
GOOD MORNING MISTER CHAIR MEMBER
COMMITTEE -- ROBERT MUTRIE WITH
CALIFORNIA CHAMBER OF COMMERCE
AND WE ARE OPPOSED -- FIRST OF
LUCK I WOULD ALSO LIKE TO THANK
STAFF FOR THE FOR ANALYSIS AND
FOR THE AMENDMENTS WHICH I DO
THINK CLARIFY THE BILL.
WHICH IS YOU KNOW CLARITY IS
ALWAYS BEST HERE AT LEAST -- WE
HAVE FOR PARTICULAR CONCERNS
FIRST -- YOU KNOW. TO BE CLEAR
WE DO NOT ALLOW I'M NOT HERE TO
SAY THAT IN EVERY CASE HAS BEEN
ASSERTED THAT THESE ARE YOU KNOW
HAVE BEEN TREATED WITH
ABSOLUTELY NOT.
RIGHT BUT WHAT WE COULD DO THINK
IS IMPORTANT IS THAT WE BELIEVE
THAT HAVING THE JUDICIAL PROCESS
RIGHT TO DETERMINE IN A CASE BY
CASE BASIS BECAUSE OF THE WAY
THE TRADE SECRET LAW.
IS A DEFINING CALIFORNIA LAW IS
AN IMPORTANT VALUE --
PARTICULARLY AND I I WOULD NOT
GET THIS PROBLEMS IF THEY
WOULDN'T BE RELEVANT LATER --
TRADE SECRET LAW I BELIEVE AS
REFERENCED HAS TWO PRONGS IN
CALIFORNIA RIGHT.
THE INFORMATION IS VALUABLE TO
YOU OR YOUR COMPETITOR -- THAT
IT BE KEPT SECRET AND YOU MUST
MAKE REASONABLE EFFORTS TO KEEP
IT SECRET -- THAT'S RELEVANT AS
I GO FORWARD TO THE NEXT ISSUE
HERE -- THE APPLICATION IS BILL
GOES WELL BEYOND THE PUBLIC
RECORDS ACT AS HE READ --
BECAUSE OF THE SECOND PROBLEM.
BUSINESS OR TO MAINTAIN TRADE
SECRET PROTECTION MUST TAKE
REASONABLE EFFORTS TO MAINTAIN
THE SECRECY THAT INFORMATION.
OUR CONCERN EVEN YOU KNOW GOING
BEYOND.
ERASING THESE CONFIDENTIAL
DOCUMENTS FROM SENTRY TRAITS
YOUR FASHION ON OF THE ACT.
THE PROBLEM IS IF I AS A
BUSINESS SUBMIT FOR CONTRACT --
AND TEN YEARS LATER AFTER THE
CITY HAS PURGE THEIR RECORDS
RETENTION SCHEDULE AND AFTER
THEY NO LONGER HAVE THE DOCUMENT.
OUR CONCERN IS THAT THAT IT'S
NOW WAVE TRADE SECRET PROTECTION
IN SUBSEQUENT LITIGATION.
BECAUSE IF IF WE ARE ON OPPOSITE
SIDES ALLEGATIONS THE DISCOVERY
DISPUTE AND THE OPPOSING SIDES
AS WELL YOU YOU CAN'T A
CERTAINLY TAKEN REASONABLE
EFFORTS TO KEEP THIS SECRET.
YOU IN FACT GAVE THIS TO PUBLIC
ENTITY WHICH BY STATUTE WHICH
REQUIRED TO GIVE IT OUT.
SO FIRST WE JUST WANNA
HIGHLIGHTS THE HASN'T DISCUSSED
WE SEE THE APPLICATION GOING FAR
BEYOND JUST THE PUBLIC RECORDS
ACT HERE AND EVEN AFTER THE CITY
NO LONGER HAS A DOCUMENT -- ALSO
WE SEE THIS GOING BEYOND THE
CONTRACTING ELEMENT -- IT'S BEEN
DISCUSSED ON CONTRACTING BUT WE
JUST LIKE TO EMPHASIZE THAT THIS
LANGUAGE AS WE READ IT.
GOES INTO ALSO SO IT'S A TAX
INCENTIVE TO PULL BUSINESSES TO
CALIFORNIA -- FOR LET'S SEE IF
YOU'RE GOING TO APPLY FOR A
WAIVER OF SOME SPECIFIC
REGULATORY REQUIREMENT YOU WILL
SUBMIT DOCUMENTS NOT RESPECT.
SO YOU KNOW WHEN WE TALK ABOUT A
RACING THAT WE'RE NOT JUST
TALKING ABOUT THE COMPANY THAT
THAT BIDS FOR BIG CONTRACTING
GETS IT.
MOREOVER WE'RE NOT JUST TALKING
WITH THE COMPANY THAT THAT GETS
THE CONTRACT ANOTHER IMPORTANT
EL ELEMENT IS THIS FORCES
BUSINESSES TO MAKE A DECISION
BEFORE THEY APPLY FOR THE
CONTRACT OR FOR ANY -- ANY
INCENTIVE DO I WANT TO WAIVE
TRADE SECRET PROTECTION A CALL
CALIFORNIA PUBLIC RECORDS ACT
AND I'M GOING FORWARD IN THESE
DOCUMENTS -- PERIOD FOR THE
CHANCE AT THAT CONTRACT WHICH I
MAY NOT GET.
OR WOULD LIKE TO MAINTAIN THE
POTENTIAL THE SORTING TRADE
SECRET PROTECTION GOING FORWARD.
AND WE BELIEVE THAT DICHOTOMY
THAT CHOICE FOR BUSINESSES IT'S
IS NOT GOOD FOR PROCUREMENT
CALIFORNIA AND IS NOT -- IT'S
NOT GOOD FOR THE BUSINESSES OR
CALIFORNIA -- FINALLY -- I'D
LIKE TO BRIEFLY ADDRESS A A
PRIVACY CONCERNS.
WE APPRECIATE THE I'M THE
LANGUAGE WHICH I BELIEVE IS NOW
IN THE BILL I RELATED -- TO
KEEPING OUT -- IDENTIFYING
INFORMATION WE STILL HAVE SOME
CONCERNS OF THIS FORCES PUBLIC
ENTITIES TO GIVE OUT A RANGE OF
INFORMATION WHICH YES WE ALL
KNOW EVEN WITHOUT THE NAME.
IDENTIFYING INFORMATION CAN
STILL BE CONTENT SO WE HAVE
CONCERNS THERE WHICH I'M SURE
THE AUTHOR IS HAPPY DO YOU KNOW
ADDRESSES THAT'S I DON'T THINK
THAT'S THE THE CORE.
GOAL OF THE BILL -- AND IT TO
ADDRESS ONE OF THE COMMENTS
BRIEFLY AND I'LL BE DONE -- AS
TO THE SECOND NGUYEN IS HIS NAME
I THINK YOU STEP DOWN I'M SORRY
I DON'T RECALL YOUR NAME --
THERE'S A CUT MADE ABOUT THE
BIDDING PROCESS AND WOW THIS
WAYS IN HERE.
AS FAR AS WE CAN TELL THAT THAT
COMMENTS KIND OF OFF BASE RIGHT
IN THE BIDDING PROCESS THE THE
PUBLIC ENTITY HAS THIS
INFORMATION THEY CAN CONSIDER IT.
RIGHT THE ISSUE ISN'T WHETHER
THEY GET AT THE ISSUES WITH A
THIRD PARTY OUR COMPETITORS GET
IT AND THAT'S WHERE OUR CONCERN
COMES FROM -- AND WITH THAT
THAT'S THE REASONS FOR
OPPOSITION AND TAKE YOUR TIME.
THANK YOU ANYONE ELSE IN
OPPOSITION.
IF YOU COULD JUST GIVE US YOUR
NAME AND YOUR AFFILIATION PLACE.
MAURICE RISEN ON BEHALF OF THE
CALIFORNIA HOUSE WITH
ASSOCIATION IN OPPOSITION.
DROUGHT COOK FOR THE CALIFORNIA
MANUFACTURERS AND TECHNOLOGY
ASSOCIATION WERE POST.
AMY BLOOMBERG ON BEHALF OF THE
CALIFORNIA ASSOCIATION OF HEALTH
FACILITIES IN OPPOSITION.
CAME TO ME TO A TECHNICIAN IN
OPPOSITION.
THANK YOU ANYONE ELSE IN
OPPOSITION.
ALL RIGHT SIGNAL BRING IT BACK
TO THE COMMITTEE QUESTIONS
COMMENTS [inaudible]
RIGHT.
THIS FEATURE NORRIS.
GOOD MORNING AB SO I IS MANY I
CHAIR THE ASSEMBLIES
ACCOUNTABILITY COMMITTEE.
AND I I SHE EIGHT TO YOUR EFFORT
TEN IMPROVE INCREASE
TRANSPARENCY TO ENSURE THAT.
TAXPAYER DOLLARS ARE BEING SPENT
EFFICIENTLY AND EFFECTIVELY.
IF YOU HAVE TO QUESTION SO THE
FIRST IS IF YOU CAN JUST RESPOND
TO THE OPPOSITION'S CONCERN.
THIS WOULD VIOLATE.
AND AND EMPLOYEES CONSTITUTIONAL
RIGHT TO PRIVACY [inaudible]
OKAY. TWO ONE YEAH RIGHT RIGHT
AND THEN ALL OF THE POOREST I
MEAN I THINK -- OPPOSITION AND
STATED THAT YOU KNOW WE'VE
INCLUDED A CLARIFYING AMENDMENT
AND OBVIOUSLY THAT'S NOT THE
INTENTION OF THE BILL -- I DON'T
BELIEVE -- THAT THE CONCERN THAT
THEY'RE STILL GOING TO BE
POTENTIALLY IDENTIFYING
INFORMATION SUBJECT -- TO SUCH
REQUEST IS A VALID CONCERN --
ALL PERSONAL IDENTIFYING
WITHIN THE SCOPE OF WHAT IS
BEING EXEMPTED FROM -- THIS
TRADE SECRET EXEMPTION ARE WHAT
IS BEING -- NOT INCLUDED WITHIN
THE TRADE SECRET EXEMPTION.
AND I'LL JUST ADD THAT WHAT
WE'RE SPECIFICALLY LOOKING FOR
IS INFORMATION ABOUT THE NUMBER
OF JOBS THE OCCUPATIONS THE
WAGES.
BENEFITS -- IT'S NOT ABOUT
INDIVIDUAL.
EMPLOYEES AND WHO THEY ARE AND
WHAT THEY ARE AT CLARK TAKE IT'S
ABOUT THE TOTAL.
BECAUSE THAT'S IN FACT WHAT
PUBLIC CONTRACTS TALK ABOUT IS
HOW MANY DOBBY GOING TO BE
CREATED WE SEE THAT ALL THE TIME
RIGHT SO THAT'S WHAT THIS IS
ABOUT OKAY SUIT.
I'M.
THE AMENDMENTS THAT YOU'VE
INCORPORATED ADDRESS ADDRESS
ADDRESS THAT CONCERN OKAY AND
THEN I THINK THE ANOTHER CONCERN
THAT WAS RAISED IS THAT --
DISCOVER THIS WOULD GO BEYOND.
COMPANIES THAT ARE ENGAGED IN
CONTRACTS AND INCLUDE THINGS
LIKE -- LIKE CAL COMPETES AND
AND THOSE SORTS OF PROGRAMS --
IS IS IS THAT AND AN ACCURATE
CONCERN AND YOUR HOW WOULD YOU
RESPOND TO TO THAT CONCERN IN
TERMS OF OF THE BROADENING OF
THE SCOPE.
WHAT YOU WOULD DO THAT MEASURE
AND WHY WOULD NOT SAY THAT THAT
IS A CONCERN?
I THINK -- WHAT WE'RE TALKING
ABOUT IS A VERY LIMITED CATEGORY
OF DOCUMENTS MORE TALK ABOUT
DOCUMENTS THAT ARE ALREADY
DISPOSABLE UNDER THE CPR IT?
BUT WHEN WE WHAT WERE WHAT WERE
EXPLICITLY INCLUDING IN THIS
BILL.
I WHEN THERE ARE PROMISES BEING
MADE IN EXCHANGE FOR SUBSIDIES
IN EXCHANGE FOR CONTRACTS.
WHERE IN EXCHANGE FOR THE MONEY
THAT WE ARE GIVING TO
CONTRACTORS THEY SAY WE'RE GOING
TO CREATE THIS NUMBER OF JOBS
WERE GOING TO PROVIDE A LIVING
WAGE JOBS WERE IN PROVIDE THESE
BENEFITS -- THAT'S WHEN WE NEED
TO BE ABLE TO ENFORCE THOSE
PROMISES -- I I THINK THAT IF WE
ARE GIVING OUT TREMENDOUSLY --
YOU KNOW TREMENDOUS I SIZE
SUBSIDIES.
IN EXCHANGE FOR PROMISES THOSE
PROMISES SHOULD BE ENFORCEABLE.
SO JUST TO ADD TO THAT --
NOTHING IN THIS BILL WOULD
REQUIRE PUBLIC AGENCIES TO
OBTAIN RECORDS THAT ARE NOT
WITHIN THEIR ACTUAL OR
CONSTRUCTIVE POSSESSION --
THAT'S REALLY CLEAR AS WELL SO
WE'RE NOT LOOKING TO GET.
ANY THIRD PARTY RECORDS JUST
WHAT'S IN THAT AGENCIES
POSSESSION AND CONTROL RIGHT AND
FOR THE PURPOSE OF INSURING TO
YOUR POINT THAT THE THE PROMISES
THAT HAVE BEEN MADE.
NOT TO US BUT TO CALIFORNIA
TAXPAYERS.
CAN I SAY YOU KNOW THESE ARE
DOCUMENTS THAT OFTENTIMES THE
CONTRACTOR SAYS HOW MUCH IS THE
PROJECT AT A COST HOW MUCH ARE
YOU GONNA BE PAID FOR RIGHT.
WHEN WE ARE CONTRACTING TO
EXPLICITLY INCLUDE PROMISES THE
GO BEYOND THAT?
THOSE PROMISES ARE WHAT SHOULD
BE DISCLOSED.
AND IT'S REALLY A PRETTY FINITE
SMALL A NUMBER OF SCENARIOS THAT
WE'RE TALKING ABOUT IT'S AN
EXCHANGE FOR THESE TAX DOLLARS
THAT WE NEED TO BE ABLE TO HAVE
ACCESS TO THESE RECORDS.
THANK YOU AND I WILL BE
SUPPORTING ABOUT TODAY THANK YOU
VERY MUCH.
THE QUESTIONS COMMENTS.
I WANT TO THANK YOU FOR BRINGING
THIS FOR THIS IS LONG BEEN A
CONCERN IF WE ARE.
IN FACT GIVING.
TAX BENEFIT OR OTHERS NOT
GETTING THE INFORMATION BACK TO
BE ABLE TO JUSTIFY THAT IS IS
CERTAINLY A A FRUSTRATION AND
AND AND IT'S A LITTLE BIT
INTERESTING OF AN ARGUMENT
BECAUSE WHAT YOU'RE SAYING IS
SOMETHING IS NOT A TRADE SECRET.
BUT THEN FOR A COMPANY TO WANT
TO ASSERT THAT AS A TRADE SECRET
LATER ON IS TO ME A BIT SPEECHES
SO THAT ARGUMENT ABOUT THE
EXTENSION.
REALLY JUST DOES NOT HOLD ANY
WATER AND I THINK THAT'S JUST A
AT AN ATTEMPT TO OBFUSCATE HERE
A LITTLE BIT.
SO I APPRECIATE DID YOU BRING IN
THIS FORD I THINK IT'S OF A VERY.
GOOD ISSUE AND SOMETHING THAT
THAT THAT THE PUBLIC HAS A RIGHT
TO KNOW WHEN COMPANIES ARE
GETTING THE THE BENEFIT OF OUR
TAX STRUCTURE AS WE ARE WANT TO
DO.
WE HAVE AN OBLIGATION I FEEL TO
THOSE PUBLIC TAXPAYERS TO BE
ABLE TO ARTICULATE THE BENEFITS
THIS IS A TOOL TO BE ABLE TO GET
THAT INFORMATION.
THANK YOU. FOR THAT YOU MAY
CLOSE.
THANK YOU AND AND REALLY THIS IS
ALSO ABOUT THE MANY MANY
COMPANIES.
THAT DO HAVE PROVIDE THE
INFORMATION THAT ARE RESPONSIBLE
THEY HAVE NOTHING TO HIDE
BECAUSE THEY ARE COMING THROUGH.
AND LIVING UP TO THEIR END OF
THE BARGAIN SO WE EXPECT THAT IN
AND THEY'RE DOING IT IN A REALLY
POSITIVE CONSTRUCTIVE WAY.
IT'S WOULD BE CHAIN FULL OF
OTHERS WERE NOT REQUIRED OF OF
TO LIVE UP TO THE SAME.
END OF THEIR BARGAIN SO I
RESPECTFULLY ASK THE I BOOK
THANK YOU THANK YOU I'M STILL
LOOKING FOR MOTION MOTIONS TO
PASS AS AMENDED TO
APPROPRIATIONS.
WE DO HAVE A MOTION AND A SECOND
THANK YOU CALL THE ROLL PLEASE
STONE BY STONE I GALLAGHER.
GALLAGHER NO CHAO.
CHU.
CHU WI GABRIEL.
GABRIEL I HOLDEN.
HOLDEN I KALRA.
KALRA AYE KILEY.
KILEY NO MAIENSCHEIN.
OBERNOLTE.
OBERNOLTE NO PETRIE-NORRIS.
AS I REYES.
REYES AYE
.
THAT'S A VOTE THAT THAT BILL IS
OUT THANK YOU THANK YOU THANK
YOU MEMBERS SAY THAT.
RIGHT MISTER GLORIA.
I DON'T NUMBER TO AJ ARE.
NINETEEN AND THEN AFTER THAT WE
HAVE SENATOR UMBERG COULD WE
MAKE SURE THAT THE SENATOR IS ON
HIS WAY PLEASE [inaudible]
OR MR GLORIA MISTER CHAIRMAN
GOOD MORNING.
THE MORNING.
STILL MORNING VERY GOOD MORNING --
CHAIR AND MEMBERS I AG ARE
NINETEEN CALLS UPON THE FEDERAL
GOVERNMENT TO RESETTLE ALL
THIRTY THOUSAND REFUGEES AT THE
UNITED STATES HAS COMMITTED TO
RESETTLE IN FISCAL YEAR.
TWENTY NINETEEN MEMBERS YOU KNOW
CALIFORNIA HAS LONG BEEN A
WELCOMING HOME FOR REFUGEES
RESETTLED INTO MANY OF OUR
COMMUNITIES REFUGEE RESETTLEMENT
IS A COLLABORATIVE EFFORT
INVOLVING THE FEDERAL STATE
COUNTY AND NONPROFIT ENTITIES --
SO IT IS OF UTMOST IMPORTANCE
THAT EVERYONE COMES A TABLE AND
WORKS TOGETHER IN A UNITED FRONT.
HOWEVER AS YOU ALL WELL KNOW
THIS IS NOT BEEN THE CASE IN THE
FEDERAL LEVEL IN RECENT YEARS --
THE CURRENT PRESIDENTIAL
ADMINISTRATION HAS DRASTICALLY
CUT THE NATION'S REFUGEE
ARRIVALS AND EFFECTIVELY
ELIMINATED ALMOST HALF OF THE
REFUGEE RESETTLEMENT SPOTS IN
THE WORLD.
THE UNITED STATES IS WELCOME
FEWER THAN ELEVEN THOUSAND
REFUGEES SO FAR THIS YEAR NEAR
NEARLY HALFWAY THROUGH THE YEAR --
AT THIS RATE THE ADMINISTRATION
WILL COME NOWHERE NEAR WE SETTLE
IN ITS THIRTY THOUSAND
INDIVIDUAL GOAL A GOAL WHICH
PALES IN COMPARISON TO THE
HISTORIC AVERAGE COMMITMENT OF
THIS NATION OF NINETY FIVE
THOUSAND REFUGEES.
ANNUALLY CONGRESS AND THE
PRESIDENTIAL ADMINISTRATION HAVE
AN OBLIGATION TO CONTINUE TO
STAND BY THIS INCREDIBLY
VALUABLE POPULATION AND AS THEY
HAVE DONE IN THE PAST WITH ME
TODAY IN ORDER IN TESTIFY IN
SUPPORT IS KATE CHIANG -- AND
DINA BOSSA THAT BOSTON SEC.
IN THE IN THE VICINITY I'M SORRY
ABOUT THAT THE INTERNATIONAL
REFUGEE AHEAD INTERNATIONAL
RESCUE COMMITTEE.
THANK YOU WE DO HAVE A MOTION
AND A SECOND FIRST WITNESS
PLEASE.
ALRIGHT GOOD MORNING EVERYONE HI
MY NAME IS KATE CHIANG AND I AM
AN ADVOCATE WITH THE
INTERNATIONAL RESCUE COMMITTEE.
I AM HERE TODAY TO SPEAK IN
SUPPORT OF THE ASSEMBLY JOINT
RESOLUTION NINETEEN ON REFUGEES.
THE INTERNATIONAL RESCUE
COMMITTEE IS A REFUGEE
RESETTLEMENT AGENCY.
WITH SEVEN OFFICES ACROSS THE
STATE OF CALIFORNIA AND MANY
MORE NATIONALLY.
WE HAVE WORKED HERE PROVIDING
RESETTLEMENT SERVICES FOR NEARLY
FOUR DECADES.
OUR OPERATIONS INCLUDE THINGS
LIKE CULTURAL ORIENTATION
HOUSING ENGLISH LANGUAGE
EDUCATION JOB PLACEMENT AND
MENTAL HEALTH SERVICES.
THROUGHOUT THAT TIME LOCAL
COMMUNITIES HAVE WELCOME NEWLY
ARRIVED REFUGEES AND WE HAVE
SEEN THOUSANDS OF CLIENTS
REBUILD THEIR LIVES TO BECOME
INVESTED AN INTEGRAL MEMBERS OF
THEIR NEW COMMUNITIES.
AS WAS ALREADY MENTIONED
HISTORICALLY THE REFUGEE
RESETTLEMENT OUR NUMBERS HAVE
ENJOYED BROAD BIPARTISAN SUPPORT
WITH AN ANNUAL AVERAGE OF MORE
THAN NINETY FIVE THOUSAND
REFUGEES RESETTLED EACH YEAR IN
FACT THE HIGHEST NUMBER.
WAS UNDER PRESIDENT REAGAN.
BUT THAT'S NOT THE CASE ANYMORE.
AS THE TRUMP ADMINISTRATION HAS
HALTED REFUGEE RESETTLEMENT IN
TWENTY NINETEEN AND SUBSEQUENTLY
SLASH ARRIVAL NUMBERS FOR
REFUGEES -- THROUGH TWENTY
EIGHTEEN AND TWENTY NINETEEN
WE'RE NOT EVEN ON TRACK TO MEET
THE NUMBER SET BY THE
PRESIDENTIAL DETERMINATION
NUMBER [inaudible]
HEARING CALIFORNIA.
THAT HAS RESULTED IN A QUEUE
CONSEQUENCES BOTH FOR
RESETTLEMENT AGENCIES AND THE
COMMUNITIES BEING SERVED.
A NUMBER OF OFFICES HAVE BEEN
FORCED TO CLOSE LAYOFFS HAS
RESULTED IN PROGRAMS THAT ARE
MEANT TO CONTINUE TO ASSIST
REFUGEES FOUR FIVE UP TO FIVE
YEARS AFTER THEIR ARRIVAL.
ARE NO LONGER BEING ABLE TO BE
OFFERED IN CERTAIN PLACES.
BUT WE ARE NOT WITHOUT HOPE THIS
STATE HAS BEEN A NATIONAL LEADER
IN SUPPORTING REFUGEES.
PASSING LEGISLATION TO EASE
ACCESS TO HIGHER EDUCATION.
IMPROVING WORKFORCE DEVELOPMENT
AND PROVIDING FUNDING FOR
SCHOOLS WITH LARGE NUMBERS OF
REFUGEE CHILDREN.
AJ ARE NINETEEN IS ANOTHER
EXAMPLE OF THE STATE'S
CONSISTENT STRONG AND IMPORTANT
LEADERSHIP ON THIS ISSUE IN THE
COUNTRY.
WE THANK YOU FOR THAT AND WE
GLADLY EXTEND OUR SUPPORT FOR
THIS RESOLUTION.
THANK YOU.
THAT'S WHAT THE SWISS.
MISTER CHAIR MEMBERS OF THE
COMMITTEE GOOD MORNING.
MY NAME IS THE NUMBER STAND SICK
AND I AM A REFUGEE VOICE WITH
THE INTERNATIONAL RESCUE
COMMITTEE.
I'M HERE TODAY TO SPEAK IN
SUPPORT OF AJ ARE AND NINETEEN
REFUGEES A RESOLUTION THAT DOES
NOT ONLY JUST EXTEND WELCOME AND
SUPPORT FOR REFUGEES WAS SETTLED
HERE IN CALIFORNIA.
BUT ALSO CALLS ON THE
ADMINISTRATION TO INCREASE THE
NUMBERS OF REFUGEES RESETTLED IN
THE UNITED STATES.
I CAME AS A REFUGEE FROM BOSNIA
AND HERZEGOVINA IN.
NINETEEN NINETY EIGHT AND FROM
THE VERY FIRST MOMENT I BECAME A
MEMBER OF THE SOCIETY.
FROM THE VERY FIRST DAY I FELT
ACCEPTED SUPPORT IT AND WELCOME.
I STARTED WORKING IMMEDIATELY.
I HAVE NEVER BEEN A BURDEN TO
THE SOCIETY I STARTED WORKING
FOR THE INTERNATIONAL RESCUE
COMMITTEE.
AND I STARTED HELPING THOSE IN
NEED [inaudible]
SO -- THAT'S WELCOME WAS REALLY
IMPORTANT TO ME AND THAT'S
SOMETHING THAT I CAN NOT REALLY
SEE HAPPENING TODAY.
BUT I STILL VIVIDLY REMEMBER THE
DAY THAT I IS KATE I WAS FORCED
TO ESCAPE.
I WAS FORCED TO ESCAPE ON THE
DAY WHEN -- WOMEN AND YOUNG
GIRLS WERE TAKEN TO THE
CONCENTRATION CAMP.
SO I WAS ONE OF THE LUCKY ONES
TO ESCAPE.
AND WE NEED TO REMEMBER THAT
REFUGEES DO NOT COME HERE OR DO
NOT LEAVE THEIR HOMES BY CHOICE.
REFUGEES ARE PEOPLE FLEEING
PERSECUTION AND MORE.
UNFORTUNATELY THE NEED FOR
REFUGEE RESETTLEMENT HAS NOT
DECREASED THE UNITED STATES HAS
HISTORICALLY BEEN A LEADER.
IN RESETTLING REFUGEES AND
INVITING REFUGEES AND TO LOCAL
COMMUNITIES.
WHERE WE HAVE ALWAYS FELT
SUPPORTED AND WELCOME?
AND IT IS IMPORTANT THAT THE
UNITED STATES RETURNS TO ITS
ROLE AS A LEADER AND PROTECTING
THE WORLD'S MOST VULNERABLE.
INCLUDING WOMEN AND CHILDREN.
CALIFORNIA IS NOT WALKING AWAY
FROM THE OPPORTUNITY TO GIVE
SUPPORT TO REFUGEES AND TO BE
ONE OF THE LEADERS HERE IN THE
UNITED STATES.
THAT I'M REALLY THANKFUL AND
GRATEFUL FOR AND TODAY I THANK
YOU FOR THE CHANCE TO SPEAK IN
SUPPORT OF THIS LEGISLATION.
AND TO ASK OTHER MEMBERS OF THE
LEGISLATOR TO EXPAND THEIR
SUPPORT TO AJ ARE NINETEEN
REFUGEES THANK YOU THANK YOU.
ANYONE ELSE IN SUPPORT.
STEVE GORMAN WITH THE CALIFORNIA
CIVIL LIBERTIES ADVOCACY IN
SUPPORT.
THANK YOU ANYONE ELSE IN SUPPORT.
RIGHT SIGNAL IS THEIR OPPOSITION.
SEE NOT BRING BACK TO THE
COMMITTEE QUESTIONS COMMENTS WAS
KALRA.
THANK YOU CHIRLA THANK SOME ROAD
WARRIOR FOR BRINGING THIS
FORWARD AND THE REALITY IS OUR
NATION.
TYPICALLY TRADITIONALLY HAS AS
WELCOME REFUGEES.
DURING OUR HISTORY UNFORTUNATELY
WE'RE THE MOMENT IN TIME WITH
THAT A DOESN'T NECESSARILY SEEM
TO BE THE CASE -- BUT AT A
NATIONAL LEVEL AT TIMES BUT
CALIFORNIA MUST ALWAYS --
CONTINUE TO BE WELCOMING TO
REFUGEES AND MUST LEAD -- BOTH
MORALLY -- BUT ALSO THROUGH OUR
ACTIONS NOTHING THIS RESOLUTION
MAKES IT VERY CLEAR THAT WE WILL
CONTINUE. TO BE A WELCOMING
COMMUNITY IN A LOVING COMMUNITY
AND I WANT TO THANK THE AUTHOR
AS WELL AS THE THE WITNESSES FOR
MAKING PRETTY CLEAR THAT -- THAT
WILL CONTINUE TO STAND BY OUR
VALUES AND WITH THAT I'D LIKE TO
MOVE THE BILL WITH A RESOLUTION.
THANK YOU WE DO HAVE A MOTION
AND A SECOND ON THE RESOLUTION
OTHER COMMENTS QUESTIONS.
ALL RIGHT SEEING NONE SOBRE
MEMORY MAY CLOSE JUST WOULD LIKE
THE FAMOUS JAMES PAST TENSE LIKE --
FOR BEING HERE AND I WANT TO
THINK I WANTED KNOWLEDGE OF THIS
LEGISLATION SPONSORED BY A PET
LEGISLATIVE CAUCUS IT HAS THE
ENDORSEMENT OF ALL OF OUR AT THE
CAUCUSES IN THE LEGISLATURE.
SEC BASS PRIVATE [inaudible]
THANK YOU.
WE DO HAVE A MOTION A SECOND THE
MOTION IS THAT THE RESOLUTION BE
ADOPTED CALL THE ROLL PLEASE
CHOW.
CHOW I CHU.
CHU AYE CAPER.
GABRIEL I HOLDEN.
HOLDEN AYE KALRA.
KALRA AYE KILEY [inaudible]
MAIENSCHEIN [inaudible]
OBERNOLTE [inaudible]
PETRIE-NORRIS.
I REYES.
REYES AYE.
THE BILL IS ADOPTED THANK YOU
FOR THE RESOLUTION IS ADOPTED.
SO OUR FINAL ITEM OF BUSINESS MR
UMBERG ITEM NUMBER THREE SB.
SEVENTEEN THANK YOU MISTER CHAIR
AND MEMBERS THE MORNING.
THANK YOU IN PARTICULAR OF
COURSE THIS BILL WAS NEAR
PERFECT WHEN IT CAME OUT OF THE
SENATE BUT IT WAS MADE PERFECT
BY YOUR STAFF -- JUST THE MEGA
NATHAN.
REALLY DIDN'T EXCELLENT JOB OF
IMPROVING THE BILL AND LET ME
TELL YOU WHAT THE ISSUE IS AND
THEN WHAT OUR EFFORT IS TO HELP
MITIGATE THE ISSUE -- CURRENTLY
IN CIVIL LITIGATION.
THERE'S A PROCESS I THINK MANY
OF YOU ARE AWARE THAT WAY WHERE
YOU GATHER INFORMATION YOU
GATHER INFORMATION THROUGH
SEVERAL DIFFERENT TOOLS TO
INTERROGATORIES REQUESTS FOR
ADMISSIONS.
AND ALSO THROUGH WERE FOR
REQUEST FOR PRODUCTION OF
DOCUMENTS IT IS MY EXPERIENCE
THAT THE MOST.
USEFUL OF THOSE TOOLS IS
OBTAINING THE DOCUMENTS THAT
CASES CAN'T BE CERTAINLY CAN'T
BE TRIED BUT CAN'T EVEN REALLY
BE SETTLED INTO YOU HAVE THE
INFORMATION AND TODAY MOST THAT
SOME DOCUMENTARY FORM.
WITH ITS EMAILS OR DATA OR
CORRESPONDENCE WHATEVER IT MAY
BE -- SADLY THE DISCOVERY
PROCESS IS NOW BEEN AN EXERCISE.
MANY TIMES IN GAMESMANSHIP.
IN THAT EXERCISE HAS BECOME
INCREDIBLY EXPENSIVE AN
INCREDIBLY TIME CONSUMING IN OUR
OWN COUNTY OF ORANGE IT CAN BE
AND THIS THIS IS.
RELATIVELY ROUTINE FOURTEEN
MONTHS FROM THE DAY YOU ACTUALLY
REQUEST DOCUMENTS TO THE DAY YOU
GET TO A MOTION TO COMPEL SHOULD
YOU NEED TO FILE WHAT WHICH IS
NOT UNCOMMON.
SO WHAT THIS BILL DOES IS IT
DOES TWO THINGS -- ONE I'VE
TAKEN THE FEDERAL RULES OF CIVIL
PROCEDURE RULE TWENTY SIX THE
FEDERAL RULES OF CIVIL PROCEDURE
AND AND TAKEN.
UP SIGNIFICANT PORTIONS OF THE
FEDERAL RULES AND THE CORP THEM
STATE LAW THEY DO NOT BECOME
EFFECTIVE UNLESS BOTH PARTIES
STIPULATE TO THE MECHANISM AND
STIPULATE TO THE REQUIREMENTS.
THAT ARE CONTAINED IN THE BILL
IN THOSE REQUIREMENTS.
ARE SUCH THAT YOU ENGAGED EARLY
ON IN COOPERATIVE DISCOVER YOU
IDENTIFY WITNESSES YOU IDENTIFY
DOCUMENTS TO IDENTIFY INSURANCE
POLICIES YOU IDENTIFY A NUMBER
OF THINGS THAT GET THE BALL
ROLLING SO YOU CAN.
GET THE CASE SETTLED THAT'S THE
THAT'S THE PORTION OF THE BILL
THAT COMES FROM THE FEDERAL
RULES OF CRIMINAL EXCUSE ME
CIVIL PROCEDURE. TWENTY SIX THE
SECOND PART OF THE BILL DEALS
WITH.
ISSUES WHERE ATTORNEYS ROUTINELY
FOR EXAMPLE FILE OBJECTIONS TO
REQUEST FOR PRODUCTION OF
DOCUMENTS WITHOUT REALLY
THINKING THROUGH THEY JUST
FOLLOW BLANKET OBJECTION.
THE OTHER SIDE THAT HAS TO MEET
AND FOR THAT PROCESS MAY SEEM
SIMPLE BUT IT IS NOT IT CAN TAKE
QUITE A LONG TIME. TO GET THE
PARTIES TOGETHER IN IT INVITES
AGAIN INVITES GAMESMANSHIP AND
THEN IN SOME COUNTIES NO YOU
HAVE TO GO THROUGH AN INFORMAL
DISCOVERY PROCESS.
WHICH FURTHER DELAYS BEFORE YOU
CAN GET TO THE ACTUAL MOTION TO
COMPEL AND THEN YOU CALL TO GET
ON THE CALENDAR FOR THE MOTION
COMPOUND THAT CAN BE. FOR
EXAMPLE LOS ANGELES COUNTY --
YOU CAN BE SIX MONTHS IN ORANGE
COUNTY COULD BE FOR MONTHS.
AND SO WHAT THIS BILL DOES IS IT
SAYS TO THE COURT THAT WHEN YOU
OBSERVE THIS GAMESMANSHIP WHEN
YOU OBSERVE FOLKS FILING
OBJECTIONS NOT IN GOOD FAITH
WHEN YOU SEE FOLKS WERE NOT
MEETING GOOD FAITH.
WHEN YOU SEE PEOPLE WHO ARE NOT
BASICALLY COOPERATING -- IN THE
PROCESS AS IT WAS DESIGNED THEN
YOU WERE REQUIRED TO SANCTION.
AND AND THE SANCTION IS IN
ADDITION TO REASONABLE TOURNEY'S
FEES IF THE COURT SHOULD SO
ORDER.
BUT IT PROVIDES FOR THOUSAND
DOLLARS SANCTION ALSO --
PROVIDES FOR AN ESCAPE VALVE.
SHOULD THE ISSUE BE LITIGATED IN
GOOD FAITH SO FOR EXAMPLE ISSUES
OVER -- OVER PRIVILEGE THE THERE
ARE THERE ARE LEGIT WELL LITTLE
GERMAN ISSUES OVER MANY THINGS
BUT BUT ARGUMENTS OVER PRIVILEGE
CAN BECOME DIFFICULT.
AND IN GOOD FAITH THEY CAN LEAD
TO GET IT THE COURT FINDS THAT
THAT ITS LITIGATING GOOD FAITH
THAT THE COURT CAN EXCUSE THOSE
SANCTIONS -- I AM A OF PLEASED
TO HAVE HAD TIME WITH THEM MANY
MEMBERS OF THE COMMITTEE AND A
AND I WOULD APPRECIATE MY VOTE.
THANK YOU AND THERE ARE
AMENDMENTS LISTED ON PAGE ELEVEN
AND TWELVE DOESN'T ACCEPT THOSE
MOMENTS ARE ACCEPTING THEM THANK
YOU.
RIGHT FIRST WITNESS PLEASE.
GOOD MORNING NANCY TRAVEL WITH
CONSUMER ATTORNEYS OF CALIFORNIA.
WE VERY MUCH APPRECIATE WORKING
WITH SENATOR -- BURKE ON THIS
BILL IN ALL MY YEARS IN THE
CAPITAL I HAVE NEVER SEEN SUCH
ENTHUSIASM AND PASSION FOR CIVIL
PROCEDURE.
AND FOR THOSE ABOUT HIM YEAH FOR
THOSE OF US WHO WENT TO WHAT LAW
SCHOOL IT IS -- IT'S ACTUALLY
PRETTY FUN TO SEE ED AND THERE
WILL BE ANOTHER CIVIL PROCEDURE
BILL THAT SENATOR I'M BURKE IS
BRING YOU THIS STICK COMMITTEE
AND JUST TWO WEEKS THAT WE'VE
BEEN WORKING JOINTLY ON WITH
DEFENSE COUNSEL BUT GOING INTO
THIS BILL -- WE DO THINK -- IT
IS IMPORTANT TO YOU HAVE MORE
TEETH IN SANCTIONS TO TRY TO
ADDRESS SOME OF THE ABSOLUTELY
OUTRAGEOUS ABUSES THAT OCCURRED
DURING DISCOVERY AND THE DELAYS.
AND AS FAR AS THE OTHER PART OF
THE BILL ON THE EARLY EXCHANGE
OF DOCUMENTS -- JUST LIKE
SENATOR -- BURKE IS PASSIONATE
ABOUT CIVIL PROCEDURE MANY OF
OUR MEMBERS ARE ALSO PASSIONATE --
AND THEY ARE THEY WERE CONCERNED
ABOUT HAVING A MAJOR CHANGE AND
HOW.
DOCUMENTS ARE EXCHANGE IN
DISCOVERY SO WE APPRECIATE THE
OPPORTUNITY TO HAVE THIS NEW
PROCEDURE ON USED BY STIPULATION
AND WE WILL ALL BE ABLE TO SEE.
HOW IT WORKS AND HOW MANY DO
STIPULATE AND USE THE EARLY
EXCHANGE OF DOCUMENTS -- WE HOPE
IS THE BILL MOVES FORWARD THERE
ALSO CAN.
BE A REPORTER SOME DATA
COLLECTION ON HOW OFTEN THERE IS
A STIPULATION AND HOW MANY
PEOPLE CHOOSE TO USE THIS
PROCEDURE AS THEY GO THROUGH
THEIR CASES THANK YOU.
THANK YOU ANYONE ELSE IN SUPPORT.
ALL RIGHT SEE NONE IS THERE ANY
OPPOSITION.
GOOD MORNING CHAIRMAN STONE AND
MEMBERS OF THE COMMITTEE MY NAME
IS BOBBY LEVY AND I'M HERE TODAY
AS LEGISLATIVE DIRECTOR OF THE
CALIFORNIA ASSOCIATION OF
CERTIFIED FAMILY LAW SPECIALIST.
ALSO NOTICE A CFL US.
A FEARFUL OF THE POSES THE BILL
FOR ALL THE REASONS SET FORTH IN
OUR FIVE PAGE DETAILED
OPPOSITION LETTER HOWEVER AS FOR
SECTION.
ONE IT'S MY UNDERSTANDING OF THE
AUTHOR HAS ACCEPTED THE PROPOSED
AMENDMENTS.
MAKING THE REQUIREMENTS OF
SECTION TWO OH ONE SIX POINT.
OH NINE OH ONLY APPLY BY
STIPULATION OF ALL THE PARTIES
TO THE ACTION.
IN THAT CASE ACR PHYLLIS WOULD
REMOVE ITS OPPOSITION TO SECTION.
ONE HOWEVER IT'S THE APPLE
EIGHTY UP BELIEVE THAT SECTION
TO SELL A PROBLEM.
IN THAT IT CREATES A CONFLICT OF
INTEREST BETWEEN ATTORNEY AND
CLIENT.
ATTORNEYS DON'T HAVE A DOG.
IN THE FIGHT BETWEEN THE PARTIES.
ESPECIALLY IN FAMILY LAW MANY
FAMILY LAW CLIENTS EITHER IGNORE.
HARD TO BELIEVE IGNORE ATTORNEY
DIRECTIVES TO PRODUCE DOCUMENTS
SOME FAMILY LAW CLIENTS ARE NOT
GREAT RECORD KEEPERS SOME FAMILY
LOCK CLIENTS SIMPLY DON'T WANT
TO COOPERATE.
SOME FAMILY LAW CLIENTS JUST
HAVE TROUBLE GETTING THE
INFORMATION -- AND NOT PUTS THE
ATTORNEYS IN A IN A POSITION
WHERE THEY'RE EITHER FORCED TO
WITHDRAW FROM THE CASE BECAUSE
THERE NOW.
SUBJECT TO POSSIBLE SANCTIONS
THAT ARE REPORTABLE TO THE STATE
BAR -- AND AND THEY'RE ALREADY
SANCTIONS IN DISCOVERY -- THE
ANALYSIS -- THAT IS THE MOST
RECENT ANALYSIS FOR THE
COMMITTEE -- FAILS TO OR MINUTES
TO ADDRESS SEVERAL SANCTION
PROVISIONS ALREADY IN THE C. C.
P..
SPECIFICALLY TWENTY TWENTY THREE
POINT OH THREO A COURT MAY
IMPOSE MONETARY SANCTIONS
AGAINST ATTORNEY OR CLIENT. FOR
ENGAGING IN MISUSE OF THE
DISCOVERY PROCESS -- TWENTY
THIRTY POINT THREE HUNDRED THE
COURT SHALL IMPOSE MONETARY
SANCTIONS AGAINST PARTY OR
ATTORNEY WHO UNSUCCESSFULLY
OPPOSES.
A MOTION TO COMPEL WITH REGARDS
TO FORM INTERROGATORIES AND THEN
C. C. P. -- TO THREE ONE POINT
THREE HUNDRED IS ALSO A SHALL
PROVISION ON SANCTIONS WITH
RESPECT TO A DEMAND FOR
PRODUCTION AND THEN IN TERMS OF
FAMILY LAW WE HAVE FAMILY CODE --
TWENTY TO SEVENTY ONE AND FAMILY
CO TWO SEVENTY ONE IS ONE OF THE
MOST POWERFUL CODE SECTIONS IN
CALIFORNIA FAMILY LAW.
ALLOWS FOR SANCTIONS WHEN A
FAMILY LAW LITIGANT OR HIS OR
HER ATTORNEY.
VIOLATES THE POLICY OF A LOT OF
PROMOTE SETTLEMENT OF LITIGATION
AND WHERE POSSIBLE TO REDUCE THE
COST OF LITIGATION BY
ENCOURAGING COOPERATION BETWEEN
THE PARTIES.
AND THE ATTORNEYS WE BELIEVE
THAT SANCTIONING HEARINGS WILL
PET ATTORNEY AGAINST CLIENT --
IN THAT HOW DO IT HOW'S THE
ATTORNEY GOING TO DEFEND HIM OR
HERSELF AGAINST A POSSIBLE
SANCTION THAT IS NOW REPORTABLE
AGAINST THE STATE BAR.
AS A PRACTITIONER I WOULD
PROBABLY HAVE TO DOCUMENT ALL MY
EFFORTS TO GET THE DOCUMENTS
FROM THAT CLIENTS.
AND THEN WHEN IT COMES.
TO A MOTION AGAINST ME FOR A
THOUSAND DOLLARS THAT I WOULD
HAVE TO REPORT.
THAT INFORMATION IS GOING TO
HAVE TO COME OUT SO THAT I CAN
DEFEND MYSELF AND THAT'S A
VIOLATION OF ATTORNEY CLIENT
PRIVILEGE SO IT'S REALLY A
REALLY UNTENABLE SITUATION IN
TERMS OF ALLOWING THE SANCTIONS
TO BE IMPOSED ON AN ATTORNEY
THAT IS REPORTABLE.
ON LIKE ALL THE OTHER DISCOVERY
SANCTIONS WHICH ARE NOT -- AND
FOR THOSE REASONS IF YOU FLIP
OPPOSES THE BILL.
THANK YOU ANYONE ELSE IN
OPPOSITION.
ALL RIGHT SAY NONE BRING IT BACK
TO THE COMMITTEE QUESTIONS
COMMENTS. ZERO THANK YOU MISTER
CHAIR IS CENTER I JUST WANTED TO
BRING YOUTH THANK YOU FOR
BRINGING FOR THE SPELL US AS
SOMEONE PRACTICE CIVIL
LITIGATION CALIFORNIA THINK
ANYONE WHO HAS IN THE PAST.
DECADE OR BEYOND UNDERSTANDS
THAT OUR DISCOVERY PROCESS A
SUBJECT TO RAMPANT ABUSE AND
GAMESMANSHIP IN A WAY THAT --
NOT ONLY CREATE THIS WHOLE BODY
OF COLLATERAL LITIGATION THAT
TAKES AWAY FROM THE MERITS BUT
IT -- IT REALLY UNDERMINES OUR
JUSTICE SYSTEM IT TAKES THE
FOCUS AWAY FROM WHERE IT SHOULD
BE AND IT DRIVES UP THE COST TO
FOLKS IN A WAY THAT'S REALLY
UNNECESSARY SO -- I JUST WANT TO
THANK YOU FOR BRING YOUR FOR IT
I THINK IT'S IT'S IMPORTANT I I
I LIKE THE SUGGESTION OF OF DATA
COLLECTION AND I HOPE THAT -- OF
THE WE HAVE SOME JUDGES OUT
THERE THAT ARE GONNA COURAGE
FOLKS TO TAKE ADVANTAGE OF THE
STIPULATION BECAUSE I THINK WILL
BE A MUCH NEEDED CHANGE THE
SYSTEM.
THANK YOU [inaudible]
ADDRESS.
I AGREE WITH MY COLLEAGUE HAVING
PRACTICED LAW
IT THE THE COMMENT THAT WAS MADE
THE MOST TURNS DON'T HAVE A DOG
IN THE FIGHT.
THE GAME AND SHIP.
SOME SOMEHOW ELEVATES EVERYBODY
TO HAVE A DOG IN THE FIGHT WHICH
IS UNFORTUNATE AND I THINK THAT --
A BILL SUCH AS THIS IS IMPORTANT
TO LEVEL THE PLAYING FIELD I
HOPE THAT TO THE CONNECTED THE
CONVERSATION CONTINUES THOUGH
PERHAPS WITH FAMILY LINE NEVER
PRACTICED IN FAMILY LAW.
PERHAPS OR SOMETHING SPECIAL
ABOUT FAMILY LAW THAT NEEDS TO
BE CONSIDERED HERE AND I WOULD
ENCOURAGE YOU TO CONTINUE IN THE
CONVERSATIONS YOU ALREADY HAVE
BEEN HAVING.
WITH THOSE PRACTICING FAMILY LAW
BUT I WILL BE SUPPORTING THIS
BILL THANK YOU [inaudible]
THIS KILEY.
THANK YOU SENATOR ME A GOOD
CONVERSATION ABOUT THIS BILL AND
I MAD SUPPORTIVE OF MOST OF ITS
RESIDENTS THE ONE QUESTION THAT
I HAD WAS.
THAT YOUR AT SORT OF ELEVATING.
THE LEVEL OF SANCTION FOR THE
ATTORNEY HIM OR HERSELF HEREBY
MAKING IT REPORTABLE TO THE
STATE BAR SO I JUST WANTED -- TO
SEE.
WHAT YOUR THOUGHTS ARE WHAT THE
IMPLICATIONS OF THAT ARE FOR THE
ATTORNEY AND HOW THAT MIGHT
AFFECT -- YOU KNOW THE KIND OF
DURING THE DISCOVERY PROCESS.
IT THANK YOU AS A MEMBER KILEY
YET YOU RAISE THE QUESTION
THAT'S A THAT'S AN EXCELLENT
QUESTION WE RESEARCH DID AFTER
OUR CONVERSATION YESTERDAY.
SO THE BILL PROVIDES -- FOR
DISCRETION FOR THE COURT
TYPICALLY DISCOVERY SANCTIONS
ARE NOT REPORTABLE STATE BAR IN
THIS CASE THE COURT CAN FIND
THAT THE ATTORNEY MUST REPORTED
TO THE STATE BAR -- I WOULD
EXPECT THAT THAT WOULD BE
REPEATED REPEATED DISCOVERY
ABUSE -- THE STATE BAR DOESN'T
AUTOMATICALLY DISCIPLINE A
MEMBER THOUGH SO EVEN IF IT'S
REPORTED THERE'S A PROCESS THAT
THE STATE BAR WHERE THEY REVIEW
IT AND MAKE A DETERMINATION AS
TO WHETHER IT'S WORTHY OF
DISCIPLINE.
AND ONLY IF IT'S WORTHY OF
DISCIPLINE DOES IT GO SO FOR
EXAMPLE IF IF ANY OF THE
ATTORNEYS ON THE COMMITTEE OF
EVER LOOKED AT THEIR OWN --
THEIR THEIR OWN DESIGNATION
STATE BAR WEBSITE YOU'LL SEE
THAT IT WILL SAY WHETHER TURNS
BEEN DISCIPLINED OR NOT
DISCIPLINED SO THERE IS ANOTHER
PROCESS.
BOB AFTER THE SANCTIONS ARE
REPORTED TO DISCIPLINE THE
ATTORNEY -- IT.
SO THERE ARE PRESUMABLY BE I
HAVE TO BE SOME FINDING BY THE
BAR THERE WAS SOME SORT OF YOU
KNOW INTENTIONAL ABUSE OF THE
PROCESS IN ORDER FOR THAT TO BE.
THAN VISIBLE ON THE HUNT IS
RECORD EXACTLY OR REPEATED OR
EXACTLY.
GIVE OTHER QUESTIONS OR COMMENTS.
CENTER WE HAD LONG DISCUSSIONS
ABOUT THIS SITE A PRESHEAF THAT
IN WITH RESPECT TO FAMILY LAW I
THINK THERE.
THE THE BIGGEST CONCERN THAT I
HAD I APPRECIATE YOU TAKE THE
AMENDMENT OR THE NUMBER OF
UNREPRESENTED LITIGANTS IN THE
FAMILY LAW SYSTEM AND I AND I
THINK THAT'S GOING TO BE A
CIRCUMSTANCE WHERE THERE ARE
CHALLENGES FOR AN AND
REPRESENTED LITIGANTS REALLY
UNDERSTAND.
CIVIL PROCEDURE AND THE NUANCES
THERE SO WE CERTAINLY DON'T WANT
TO BE CATCHING THEM UP IN THAT.
AND AS THE HOUSES POINTS OUT
THERE ARE A NUMBER OF SANCTIONS
PROVISIOS THAT THE COURTS ARE
GOING TO NEED TO HARMONIZE.
BUT I THINK YOU'RE PUTTING.
AND BECAUSE BOTH PARTIES ARE
GONNA ESSENTIALLY NEED TO AGREE
TO THIS.
THIS WILL BE VERY INTERESTING
EXPERIMENT TO SEE HOW THIS MOVES
FORWARD AND CHANGES THAT DYNAMIC
OF THE LEVEL OF GAMES THAT GET
PLAYED.
AS WE'RE IN AN ERA WHERE ACCESS
TO JUSTICE IS CERTAINLY A
CHALLENGE AND IN THE CIVIL SIDE
SO MANY.
CASES ARE NOT GOING ON ON TIMELY
MATTERS IN OF BIRTH IN FRONT OF
JUDGE AS ANY EXACERBATIONS OF
THAT AND ESPECIALLY
EXACERBATIONS THAT TEND TO BE
MORE OF GAME PLAYING THAT NOT.
I THINK WE DO NEED TO TAKE
SERIOUSLY SO I APPRECIATE YOU
BEING WILLING TO WAITED TO CIVIL
PROCEDURE.
AND AND REALLY LOOK AT HOW THE
COURTS.
AND PARTIES ARE PROCESSING AND
MOVING THROUGH THAT THROUGH
THEIR LITIGATION PROCESS SO.
I APPRECIATE YOU MOVING FORWARD
AND WITH THAT.
YOU MAY CLOSE.
THANK YOU MISTER CHAIRMAN AND
LET ME.
REPEAT REITERATE THAT THAT YOUR
STAFF HAS MADE THIS BILL MUCH
MUCH BETTER -- TO ASSEMBLYMEMBER
GABRIEL'S COMMON I DO HOPE THE
JUDGES THAT ENCOURAGE PARTIES TO
STIPULATE SO THAT WE CAN SEE.
WHETHER THIS IS AFFECTED BUT I I
BELIEVE FROM MY OWN EXPERIENCE
COURSES NOTHING MORE DANGEROUS
EXPERIENCE.
THAT THAT DISCOVERY DOES WORK
MUCH BETTER THE FEDERAL COURTS
THAN IT DOES IN THE STATE COURTS
FOR A VARIETY OF REASONS AND AND
PERHAPS PART OF IT IS REAL --
TWENTY SIX CONCERNING THE THE
FAMILY LAW PRACTITIONERS
CONCERNS LUCKILY I'VE NEVER HAD
LONG COOPERATIVE CLIENT --
ACTUALLY THAT'S NOT TRUE BOB
I'VE HAD MANY UNCOOPERATIVE
CLIENTS IT AND THAT.
YOU KNOW I I I UNDERSTAND I
UNDERSTAND THAT POINT -- AND AT
SOME POINT IT DOES BECOME THE
OBLIGATION ATTORNEY IF THE
CLIENT SIMPLY SAYS I'M NOT GOING
TO COMPLY WITH THE LAW I'M JUST
NOT GOING TO DO IT THEN THEN THE
ATTORNEYDOESN'T HAVE A CHOICE.
BUT TO EITHER WITHDRAW OR TO
CONVINCE THE CLIENT THAT THEY
HAVE TO COMPLY WITH THE LAW
THAT'S SIMPLY HOW THE SYSTEM
WORKS -- I I WILL CONTINUE THE
CONVERSATION -- AND I DO REALIZE
THAT THINGS ARE A BIT DIFFERENT
AND CERTAINLY -- AS THE CHAIR
SUGGESTED WITH THOSE WHO ARE PRO
PER IN FAMILY LAW COURT.
THAT THERE SHOULD BE SOME
CONSIDERATION FOR THEIR IN
EXPERIENCE IN THE LAW -- WITH
THAT I WOULD ASK FOR AN AYE VOTE.
THANK YOU I AM STILL LOOKING FOR
MOTION MOTION V. TO PASS AS
AMENDED TO APPROPRIATIONS THANK
YOU.
WE HAVE PLENTY OF MOTIONS AND
SECOND SCARBOROUGH PLEASE STONE
BY STONE AYE GALLAGHER AYE
GALLAGHER AYE CHOW.
CHOW I CHU.
CHU WI GABRIEL.
GABRIEL I HOLDEN.
KALRA.
KALRA AYE KILEY.
KILEY AYE MAIENSCHEIN.
MAIENSCHEIN I OBERNOLTE
OBERNOLTE I PETRIE-NORRIS
PETRIE-NORRIS AYE RADIUS.
REYES AYE HOLDEN.
HOLDEN AYE.
GREAT THAT BILLS OUT THANK YOU
THANK YOU THE ANSWER BUT WE HAVE
EVERYONE HERE LET'S GO BACK
THROUGH OUR AGENDA AND MAKE SURE
WE GET.
EVERYONE ON THE BILLS WE HAVE
THREE ITEMS ON CALL AS WELL SO
THE CONSENT AGENDA CALL THE
ABSENT MEMBERS CHU.
CHU ÁI GABRIEL.
GABRIEL I HOLDEN [inaudible]
TONIGHT.
OKAY ITEM NUMBER ONE IS ON CALL
THIS IS ACR NINETY NINE LOWER
MIDDLE IF THE CALL.
CHU.
CHU WI GABRIEL.
GABRIEL I HOLDEN.
HOLDEN AYE.
THAT IS OUT ITEM NUMBER TWO AJ
ARE NINETEEN GLORIA CALL THE
ABSENT MEMBERS GALLAGHER.
MAIENSCHEIN.
MAIENSCHEIN I ITEM NUMBER THREE
SB SEVENTEEN WE JUST COMPLETED
ITEM NUMBER FOUR SB THREE OH
THREE WHITE KOWSKI CALL THE
ABSENT MEMBERS CHU.
CHU WI GABRIEL.
APRIL I KALRA.
KALRA AYE MAIENSCHEIN.
MAIENSCHEIN AYE RADIUS REYES I
ITEM FOUR OF THOSE ITEM.
FOR SB THREE OH THREE ITEM FIVE
SB THREE TEN WAS PULLED FROM THE
AGENDA ITEM.
SIX SB FIVE EIGHTEEN IS ON CALL
I'M GOING TO LIFT THE CALL
[inaudible]
GALLAGHER [inaudible]
GABRIEL HI GABRIEL I KALRA.
KALRA AYE MAIENSCHEIN.
MAIENSCHEIN AYE RADIUS.
REYES I THE BILL IS OUT.
WITH ADULTS.
I ALSO KILEY AYE.
OKAY ITEM NUMBER SEVEN SB SIX
TWENTY TO CALL THE OF THE
MEMBERS CHAO.
CHAO AYE MAIENSCHEIN.
HI MAIENSCHEIN AYE RADIUS.
REYES AYE.
ITEM NUMBER EIGHT SB SIX FORTY
FOUR CALL THE OF THE MEMBERS
THAT IS GLAZER.
CHOW.
CHOW I CHU.
CHU I'D MAIENSCHEIN.
MAIENSCHEIN AYE RADIUS.
RESIDE.
ITEM NUMBER NINE SB SEVEN OF
SEVEN WHITE HOUSE GIVES ON CALL
AND WIN A LIFT THE CALL.
GALLAGHER.
GALLAGHER NO CHOW.
CHOW I GABRIEL.
GABRIEL I MAIENSCHEIN
[inaudible]
PETRIE-NORRIS.
PETRIE-NORRIS I REYES.
REYES AYE.
THE BILL IS OUT ITEM NUMBER TEN
SB SEVEN FORTY NINE TO RAZA CALL
THE ABSENT MEMBERS CHAO.
CHAO I MAIENSCHEIN.
WITHOUT THAT WAS OUT ALREADY
OKAY.
THAT COMPLETES OUR BUSINESS FOR
TODAY THANK YOU ALL VERY MUCH WE
ARE RETURNS