WITH GOOD MORNING BUT WE'RE NOT
REALLY GONNA BE ABLE START THE
COMMITTEE HEARING INTO WE GET.
AT LEAST A FEW MEMBERS HERE SO
WHO'S HERE AND WE'LL GET STARTED
ONCE WE CAN.
WELL WE'RE GONNA GET STARTED AS
A SUB COMMITTEE ANYWAY SO GOOD
MORNING WELCOME TO. ASSEMBLY
JUDICIARY COMMITTEE FOR TUESDAY
MAY THIRD. COUPLE HOUSEKEEPING
PIECES EVEN THOUGH WE'RE NOT
WITH MASK MANDATES NOR HAVING UP
. LOCATIONS TO SOCIAL DISTANCE
QUITE ANYMORE THERE STILL IS A
PANDEMIC GOING ON SO WE DO ASK
THAT PEOPLE BE CAUTIOUS IN THEIR
BEHAVIOR AND IF YOU ARE SPEAKING
ON A AN ITEM. IF YOUR PRIMARY
WITNESS YOU'RE WELCOME TO COME
UP TO THE TABLE THERE IS A
MICROPHONE FOR OTHER WITNESSES
WE DO ASKED TO LET THE SERGEANTS
HANDLE THAT MICROPHONE OF PEOPLE
DO NOT TOUCH IT. IF YOU'RE GONNA
CALL IN FOR TESTIMONY OR COMMENT
ON A BILL. THERE'S A PUBLIC TOLL
FREE NUMBER WHICH IS EIGHT SEVEN
SEVEN SIX NINE TWO. EIGHT NINE
FIVE SEVEN. AGAIN THAT'S. EIGHT
SEVEN SEVEN SIX NINE TWO EIGHT
NINE FIVE SEVEN. THE PUBLIC
ACCESS CODE IS ONE THREE ONE
FIVE FOUR THREE SEVEN. AGAIN
THAT'S ONE THREE ONE FIVE FOUR
THREE SEVEN THOSE. THE NUMBER
AND THE ACCESS CODE SHOULD BE UP
ON THE SCREEN. AND THEY'RE
CERTAINLY ON THE COMMITTEE'S
WEBSITE FOUR COMMENTS. HI THIS
IS WE DO HAVE AN AUTHOR HERE.
MISS GARCIA. IT'S JUST YOU AND
ME SO. LET'S GO THIS IS OUR ITEM
NUMBER THREE AB TWENTY FIVE OH
THREE. THANK YOU CHAIR AB. RIGHT
I AM ACCEPTING THE COMMITTEE
AMENDMENTS ON A THINKS THAT
FURTHER WORK ON THIS BILL THE
BILL AS AMENDED IT WOULD ASK THE
CALIFORNIA LAW REVISION
COMMISSION TO STUDY HOW TO
CONDENSE THE VARIOUS TERMS FOR
LANDLORDS AND TENANTS UNDER A
SINGLE TIME FOR EACH WITHIN THE
CALIFORNIA CODE. THESE THE
VARIOUS TERMS THAT CALIFORNIA'S
CO DATES BACK A HUNDRED AND
SIXTY YEARS. WHILE SOME TERM
STATE BACK TO THE FEUDAL SYSTEM
OF THE MIDDLE AGES WHICH USED
TERMS SUCH AS LAND ART OVER TIME
WE HAVE STRUGGLE TO REDEFINE
THESE TERMS PARTICULARLY
LANDLORD. ON THE THEORY THAT
THEY MAY HAVE FOUND THAT IT JUST
DOESN'T FIT. ON THE THIRTY THAT
MANY HAVE FOUND THAT IT ISN'T
THAT OUR SOCIETY- WITH ME TODAY
I HAVE RANKING THERAPIST IN THE
APARTMENT ASSOCIATION
ASSOCIATION OF ORANGE COUNTY AND
I RESPECTFULLY REQUEST AN AYE
VOTE WHEN YOU HAVE A QUORUM
THANK YOU. RIGHT FIRST WITNESS
PLEASE. THANK YOU MISTER CHAIR
AROUND KINGSTON REPRESENT- MY
FIRM REPRESENTS SEVERAL
APARTMENT ASSOCIATIONS BUT-
TODAY THE APARTMENT ASSOCIATION
ORANGE COUNTY IS THE OFFICIAL
SPONSOR OF MS GARCIA'S BILL-
THIS IS B. N. AND ISSUE OF
TRYING TO PROPERLY DEFINE THE
PARTIES. FOR YEARS WE HAVE FOUND
TREMENDOUS CONFLICTS IN LAW-
EVEN IN THE SAME CODE SECTION
REFERRING TRYING TO REFER TO
THIS. AS THE RIGHT PARTY- HE
CHAU CONSEQUENTLY- THIS YEAR THE
ASSOCIATION DECIDE TO DO
SOMETHING ABOUT IT WE SUBMITTED
OVER FOUR HUNDRED PAGES OF
AMENDMENTS. TO LEAD COUNSEL IN
THROUGH TO THROUGH FATIGUE THEY
ONLY TACKLED ABOUT A QUARTER OF
IT. THE DIFFERENT APPROACH WHICH
WE NOW BELIEVE TO BE THE MOST
SUPERIOR APPROACH WITH THE WINDS
THAT TO YOUR COMMITTEE
CONSULTANT TO- RIGHTFULLY
SUGGESTED ENOUGH TO HAVE THE LAW
REVISION COMMISSION. STUDY AND
MAKE ITS RECOMMENDATIONS AS SOON
AS REASONABLY PRACTICABLE WHICH
IS DECEMBER THIRTY FIRST. TWENTY
TWENTY FOUR- THE NOTION WOULD BE
TO PROVIDE ALL THE CODE SECTIONS
OF WHICH THERE ARE SEVERAL- TO.
COME UP WITH THE PRECISE TERMS
FOR THE FOR THE PROPERTY AND FOR
THE- THAT TENET IF YOU WILL OR
THE LESSEE LESSOR WHATEVER OF
THAT LAW REVISION COMMISSION
FINDS TO BE APPROPRIATE THEY'RE
GOING TO STUDY IT. AND THEY WILL
CORRECTLY- PROVIDE THE- DO
LEGISLATIVE DRAFT BEFORE THE
LEGISLATURE FOR INTRODUCTION IN
TWENTY TWENTY FIVE- WE ARE
UNAWARE OF ANY OPPOSITION. TO
THIS BILL WE'VE BEEN WORKING
WITH- REP. FROM THE WESTERN
CENTER AND RURAL CALIFORNIA
RURAL LEGAL ASSISTANCE TO THE
REAL ESTATE COMMUNITY AS WELL
THE OTHER APARTMENT ASSOCIATIONS
AND ARE REAL ESTATE-
ORGANIZATIONS. WE ARE
RESPECTFULLY ASK FOR AN AYE VOTE
. THANK YOU- IS THERE ANYONE IN
THE HEARING ROOM WHO WOULD LIKE
TO INDICATE SUPPORT FOR AB
TWENTY FIVE OH THREE. SEEING
NONE OPERATOR WOULD YOU OPEN THE
LINES FOR ANYONE WHO WOULD LIKE
TO INDICATE SUPPORT FOR AB
TWENTY FIVE OH THREE. AT THIS
POINT WE WILL NOT TAKE FURTHER
TESTIMONY BUT WE'LL TAKE NAME
AFFILIATION AND SUPPORT FOR THE
BILL. IF YOU WOULD LIKE TO
TESTIFY IN SUPPORT- FOR A. B.
TWENTY TWENTY FIVE- PLEASE PUT A
TWENTY FIVE OH THREE I'M SORRY
TWENTY FIVE OH THREE PLEASE
PRESS ONE FOLLOWED BY ZERO. AND
WE WILL GO TO LINE. LINE TWELVE
DID YOU TAKE YOURSELF OUT OF
CUBA. THE FIRST ONE ZERO AGAIN
IF YOU'D LIKE TO TESTIFY. ALL
APPARENTLY THAT PERSON DID NOT
WANT TO TESTIFY IN THIS BILL.
AND THERE'S NO OTHER
PARTICIPANTS QUEUED UP AT THIS
TIME THANK YOU THANK YOU
OPERATOR WILL MOVE TO OPPOSITION
IS THERE ANY OPPOSITION IN THE
ROOM. TO AB TWENTY FIVE OH THREE
. SEEING NONE OPERATOR WOULD YOU
OPEN THE LINES FOR ANYONE WHO
WOULD LIKE TO SPEAK IN
OPPOSITION OF AB TWENTY FIVE OH
THREE. IF YOU ARE AN OPPOSITION
TO A TWENTY FIVE OH THREE PLEASE
PRESS ONE ZERO AT THIS TIME ONE
FILED BY ZERO- MISTER CHAIR
NOBODY IS QUEUING UP. I THANK
YOU BRING IT BACK TO THE
COMMITTEE QUESTIONS COMMENTS.
I'LL JUST SAY THANKS MS GARCIA
FOR TAKING THE AMENDMENTS THE
WHILE IT DOES SEEM. SIMPLE AND
SOME OF THE TERMS ARE ARCHAIC
THERE ALSO TERMS OF ART. WE DO
NEED TO BE CAREFUL WHEN
MANIPULATING THE CODES BUT I
THINK THIS IS ACTUALLY A WORTHY
COREY SO I APPRECIATE. YOU
BRINGING THIS TO US RIGHT WITH
THAT YOU MAY CLOSE YEAH. THANK
YOU- WANT TO MAKE SURE WE DON'T
HAVE ANY UNINTENTIONAL
CONSEQUENCES WHICH IS WHY A
REPORT AND FRAMING BY THE LAW
REVISION MAKES. A LOT OF SENSE
THAT'LL PROVIDE A ROAD MAP FOR
THE LEGISLATURE TO LOOK AT THIS
IN THE FUTURE AND HOW TO BEST
MOVE FORWARD I RESPECTFULLY ASK
MY NEIGHBOR THANK YOU. WHEN WE
HAVE A QUORUM WE WILL TAKE IT UP
THANK YOU THANK YOU. FOR RIGHT
MR MILLER ARE YOU READY TO
PRESENT. WILL MOVE TO OUR ITEM
NUMBER ONE AB TWENTY THREE
EIGHTY SIX. I HAVE THAT RIGHT
AND AS YOU DO THAT. I WILL NOTE
THAT MR BLOOM AND HIS CAREER
WILL BE JOINING US TODAY AS
TEMPORARY MEMBERS THANK YOU WE
ALWAYS APPRECIATE THAT YOU'RE
HERE. AND ON THE AGENDA I WERE
ITEM NUMBER TWO AB TWENTY FOUR
FORTY FIVE GALLAGHER HAS BEEN
PULLED FROM TODAY'S AGENDA ALL
RIGHT THIS BILL. GOOD MORNING
AND THANK YOU MR CHAIRMAN
MEMBERS I'D LIKE TO BEGIN BY
THANKING THE COMMITTEE STAFF FOR
WORKING WITH MY OFFICE ON
AMENDMENTS. THE BILL IS STILL A
WORK IN PROGRESS BUT I'M GLAD
WE'RE ABLE TO. WORK OUT THESE
AMENDMENTS TO ADDRESS SOME
CONCERNS THAT HAVE BEEN RAISED
BY OPPOSITION. THERE IS MORE
WORK TO DO AND HAPPY TO CONTINUE
TO DISCUSS AND NEGOTIATE. WITH
THE OPPOSITION A TENANCY IN
COMMON OR A TECH FOR SHORT IS A
TYPE OF SHARED OWNERSHIP THAT
ALLOWS TWO OR MORE PEOPLE TO
SHARE OWNERSHIP RIGHTS OF A
SINGLE PROPERTY. THE TENANTS ARE
ABLE TO BUY AN INTEREST HAVE
EXCLUSIVE RIGHT TO OCCUPY THEIR
UNIT AND ARE SUBJECT TO THE
RIGHTS AND RESPONSIBILITIES OF
OWNING. PROPERTY A SIMILAR UC IN
MANY RESPECTS TO A CONDOMINIUM.
A TECHS ARE TYPICALLY DONE BY
FAMILY MEMBERS WHO RESIDE ON THE
SAME PROPERTY AND IT TOOK OF THE
SUBSTRUCTURE PROVIDES A UNIQUE
OPPORTUNITY FOR BUILDING EQUITY.
UNFORTUNATELY SOME REAL ESTATE
SPECULATORS HAVE USED THE
TENANTS IN COMMON STRUCTURE TO
CIRCUMVENT REGULATIONS THAT ARE
TYPICAL OF CONDO CONVERSIONS.
AND TO GET OUR IMPORTANT TEXTS
ARE NOT REGULATED BY THE
SUBDIVISION MAP ACT IN THE SAME
WAY COMMON INTEREST
DEVELOPMENTS. CONDOMINIUMS AND
COMMUNITY APARTMENTS ARE.
SELLERS ARE NOT REQUIRED TO
DISCLOSE THE STATUS OF THE
PROPERTY TO INTERESTED BUYERS OR
THE LAWS PROTECTING. EXISTING
TENANTS NOR OUR SELLERS REQUIRED
TO GIVE EXISTING LONG TERM
TENANTS THE FIRST RIGHT TO BUY
INTO THE PROPERTY. AS SUCH
SPECULATORS HAVE BEEN PURCHASING
MULTI FAMILY HOUSING CONVERTING
THE PROPERTIES INTO TEXTS.
EVICTING EXISTING TENANTS AND
MISLEADING CONSUMERS INTERESTED
IN BUYING OWNERSHIP. AB TWENTY
THREE EIGHTY SIX WILL ALLOW
LOCAL GOVERNMENTS TO ESTABLISH
PARAMETERS FOR THE CONVERSION OF
MULTI FAMILY HOUSING AND TO TEX.
THE BILL DOES NOT PROHIBIT TEXT
OR LIMIT THE AREA FOR TENANTS
OCCUPY IT SIMPLY PROVIDES LOCAL
AGENCIES THE ABILITY TO REGULATE
THE DESIGN SUCH AS DRAINAGE FIRE
ROADS TRAFFIC ACCESS. AS WELL AS
UTILITY IMPROVEMENTS AB TWENTY
THREE EIGHTY SIX WILL ALLOW
LOCAL AGENCIES TO DO THEIR PART
IN FACILITATING ORDERLY
COMMUNITY DEVELOPMENT COORDINATE
PLANNING AND ASSURE PROPERTY A
PROPER IMPROVEMENTS. TO THE
PROPERTY ARE MADE WITH ME
TESTIFYING IN SUPPORT TODAY IS
JONATHAN HOLIDAY THE RENT
STABILIZATION DIVISION MANAGER
FOR THE CITY OF WEST HOLLYWOOD.
THANK YOU MISTER BLOOM YOU
MENTION THE MOMENTS BUT YOUR
TAKING THOSE AUTHORS IN THEM YES
THANK YOU VERY MUCH. ALRIGHT
FIRST WITNESS PLEASE THANK YOU
CHAIR A GOOD MORNING GOOD
MORNING THERE IS A COMMITTEE MY
NAME IS JONATHAN HOLLAND AND I'M
THE RENT STABILIZATION DIVISION
MANAGER FOR THE CITY OF WEST
HOLLYWOOD. THANK YOU FOR
ALLOWING ME TO SPEAK TODAY ON
BEHALF OF THE CITY IN SUPPORT OF
AB TWO THREE EIGHT SIX. IS WELL
ESTABLISHED THAT CITIES ARE
TASKED AND SHOULD TAKE THE LEAD
WITH THEIR COMMUNITIES ORDERLY
DEVELOPMENT COORDINATION OF
LOCAL PLANNING AND INSURE THAT
WHEN THERE IS A LAND USE
CONVERSION. PROPER IMPROVEMENTS
ARE MADE. FOR THE SUBDIVISION
MAP ACT CODIFIES THIS
RESPONSIBILITY WHEN IT COMES TO
COMMON INTEREST DEVELOPMENTS
SUCH AS CONDOMINIUMS. ALTHOUGH
TENANTS IN COMMON PROJECTS WHICH
ARE OFFERED FOR SALE TO THE
GENERAL PUBLIC FOR MOST OF THE
CHARACTERISTICS OF COMMON
INTEREST DEVELOPMENTS. THEY DO
NOT FALL WITHIN THE PURVIEW OF
THE SUBDIVISION MAP ACT OR DAVID
STERLING COMMON INTEREST
DEVELOPMENT ACT. THEREFORE T. I.
C. DEVELOPMENTS ARE BEING USED
BY DEVELOPERS TO AVOID LOCAL
LAND USE REGULATION THAT OTHER
SIMILARLY SITUATED DEVELOPERS
MUST HERE TO. WEST HOW. SEVERAL
MULTI FAMILY RESIDENTIAL RENTAL
PROPERTIES HAVE BEEN TAKEN OFF
THE RENTAL MARKET BY DEVELOPERS.
AND MARKETED AND SOLD AS A
TENANTS IN COMMON. THESE ARE NOT
DUPLEXES OR TRIPLEXES ON BY A
GROUP OF CLOSE ACQUAINTANCES OR
FAMILY MEMBERS. WHETHER WHAT
WE'RE SEEING IN WEST HOLLYWOOD
IS BUILDINGS OF FIVE OR MORE
UNITS BEING OFFERED BY
DEVELOPERS. FOR SALE TO THE
PUBLIC WITH EACH PURCHASE ARE
BEING INEFFECTIVE OWNER OF AN
INDIVIDUAL UNIT. AND PRESUMABLY
BEARING SOME DEGREE OF
RESPONSIBILITY FOR THE COMMON
AREAS OF THE PROPERTY. THIS IS A
DE FACTO CONDOMINIUM CONVERSION.
BUT UNLIKE IN A FORMAL
CONDOMINIUM CNVERSION TENANTS
ARE EVICTED WITHOUT ANY RIGHT OF
pASSURANCE OF FULL DISCLOSURES
ARE MADE. TO PROSPECTIVE
PURCHASERS ABOUT THE RISKS AND
LIMITATIONS OF OWNING AND
OCCUPYING PROPERTY. THE
CONTINUES TO BE DESIGNATED AS A
MULTI FAMILY RESIDENTIAL RENTAL
PROPERTY. IN ADDITION TO FARMING
THE AUTHORITY LOCAL
JURISDICTIONS HAVE TO ENGAGE IN
LAND USE REGULATION. AB TWO
THREE EIGHT SIX WOULD ENSURE THE
PROPER GOVERNANCE OF COMMON
AREAS OCCURS IN THAT PERSPECTIVE
T. ICY UNIT PURCHASERS. ARE MADE
AWARE OF THE CONSEQUENCES OF
RENTING UNIT HAS BEEN REMOVED
FROM THE RENTAL MARKET. WITHOUT
THESE CONSUMER PROTECTIONS ONE
PURCHASER COKIE CUT CHAOS FOR
OTHER INNOCENT PARTIES HAVE
BOUGHTINTO THE T. ICY. AS
DEVELOPERS APPLY THIS MODEL
LARGER PROPERTIES WITH MORE
RESIDENTIAL UNITS THAT'S
OCCURRING IN WEST HOLLYWOOD. THE
DANGER FOR CHAOTIC SITUATIONS
GROWS EXPONENTIALLY. AB TWO
THREE EIGHT SIX WOULD GIVE
CITIES THE TOOLS THEY NEED TO
AVOID SUCH SITUATIONS. THE CITY
WAS T BELIEVE THAT AB TWO
THREE SIX PROVIDES A COMMONSENSE
APPROACH CONSISTENT WITH
EXISTING LOCAL AUTHORITY
REGARDING CONVERSIONS OF RENTAL
PROPERTIES. I RESPECTFULLY ASK
FOR YOUR SUPPORT THANK YOU FOR
YOUR TIME. THANK YOU. SIR ANYONE
ELSE IN THE HEARING ROOM WHO
WOULD LIKE TO SPEAK IN SUPPORT
OF AB TWENTY THREE EIGHTY SIX.
HELLO MARK STIVERS OF THE
CALIFORNIA HOUSING PARTNERSHIP
AND SUPPORT THANK YOU. THANK YOU
ANYONE ELSE AB TWENTY THREE
EIGHTY SIX. SEEING NONE OPERATOR
WOULD YOU APPLIANCE FOR ANYONE
WHO LIKED INDICATE SUPPORT FOR A
BI TWENTY THREE EIGHTY SIX.
THANK YOU MISTER IF YOU WOULD
LIKE TO ACCESS BY IN SUPPORT FOR
A BI TWENTY THREE EIGHTY SIX
PLEASE PRESS ONE FOLLOWED BY
ZERO. ONE FELL BY ZERO AT THIS
TIME. AND WE WILL GO TO LINE
TWENTY SIX PLEASE GO AHEAD. MR
CHAIRMAN MEMBERS WELL THE SOB'S
SHAW ON BEHALF OF THE CITY OF
SANTA MONICA IN SUPPORT THANK
YOU. AND ANYBODY ELSE IF YOU'D
LIKE TO SHOW SUPPORT FOR AB
TWENTY THREE EIGHTY SIX PLEASE
PRESS ONE ZERO AND LINE TWENTY
FOUR PLEASE GO AHEAD. THIS IS
BRIAN I GOT THAT ON BEHALF OF
THE CITY OF BERKELEY RENT
STABILIZATION BOARD IN SUPPORT.
HI MISTER CHAIR NOBODY ELSE CUED
UP. RIGHT THANK YOU WE WILL NOW
MOVE TO OPPOSITION I DO NOT HAVE
ANY OPPOSITION LISTED IS THERE
ANYONE IN THE ROOM WOULD LIKE TO
SPEAK IN OPPOSITION. YES GOOD
MORNING MR CHAIRMAN MEMBERS
DIFFICULTY WITH THE CALIFORNIA
APARTMENT ASSOCIATION- WE ARE AN
OPPOSE UNLESS AMENDED POSITION
WE HAVE BEEN WORKING WITH THE
AUTHOR AND THE SPONSORS. OUR
GOAL IS TO MAKE SURE THAT WE
HAVE SOME PRECISE TERMS AND SOME
DISCLOSURE SO THAT WE DON'T HAVE
THE SITUATIONS AS OUTLINED BY
ASSEMBLY MEMBER BLOOM AND WE-
APPRECIATE HIS WORKING WITH US
AND WILL CONTINUE TO WORK WITH
HIM GOING FORWARD. THANK YOU
THANK YOU. ANYONE ELSE
OPPOSITION TO AB. TWENTY THREE
EIGHTY SIX. SEEING NONE
OPPORTUNITY WOULD YOU OPEN THE
LINES FOR ANYONE WHO'D LIKE TO
INDICATE OPPOSITION TO AB TWENTY
THREE EIGHTY SIX. THANK YOU
MISTER CHAIR IF YOU WOULD LIKE
TO EXPRESS OPPOSITION AB TWENTY
THREE EIGHTY SIX PLEASE PRESS
ONE ZERO AT THIS TIME WHEN FILED
BY ZERO. AND MISTER CHAIR ALL
PARTICIPANTS ARE QUEUING UP. I
THINK YOU ARE PRETTY MAY CLOSE
ALLIANCE AND I WILL BRING IT
BACK TO THE COMMITTEE FOR
QUESTIONS AND COMMENTS
INTERESTING WE JUST HAD THE
PREVIOUS BILL BECAUSE THIS IS
YET ANOTHER TERM THAT COMES TO
US FROM THE COMMON LAW. FROM
SENTRIES OF SORT OF HISTORY SO I
UNDERSTAND THAT. I REMEMBER A
PROPERTY LAW CLASS CORRECTLY
MANY DECADES AGO I THINK YOU'RE
RIGHT A STRUCTURE. THE OTHER
QUESTIONS COMMENTS FROM THE
COMMITTEE. SAYING THAT MR
BLOOMING MAY CLOSE I
RESPECTFULLY ASK FOR YOUR AYE
VOTE THANK YOU THANK YOU WILL
CERTAINLY TAKE IT UP. ONCE WE
HAVE A QUORUM. ALL RIGHT AND-
EVEN AS WE SEARCH FOR A QUORUM
WE NEED AUTHORS TO SHOW UP WE
HAVE THIS WEEK'S IS CUNNINGHAM
AND THE THREE OF US WHO'S
PRESENTING FOR MR MEDINA AT SOME
POINT. PARKS PASS IT OUT OKAY
OKAY GOOD. SO WE'LL TAKE A
LITTLE BIT OF A BREAK UNTIL WE
GET ENOUGH PEOPLE HERE.
THE THREE OF US WELCOME WELCOME
WE'RE HERE TO PRESENT OUR ITEM
NUMBER SEVEN AB EIGHTEEN
THIRTEEN ON BEHALF OF MR MEDINA
I AM. AND EVERYBODY ON BEHALF OF
ASSEMBLY MEMBER JOSE MEDINA THIS
LEGISLATION IS ON THE BILL- ONE
EIGHT ONE THREE- THE EXECUTIVE
OFFICER OF THE CALIFORNIA STATE
ATHLETIC COMMISSION I VESTED
WITH THE SOLE DISCRETION TO
SELECT BOXING OFFICIALS. FOR
EVERY BOXING MATCH INCLUDE WILL
CHAMPION FIGHTS IN ORDER TO
PROTECT THE HEALTH AND SAFETY OF
THE ATHLETES FORTUNATELY THE
DISCRETIONARY NATURE OF THESE
DECISIONS COULD EXPOSE THE EXACT
OFFICER TO SOME MEDICATION UNDER
EXISTING LAW PUBLIC EMPLOYEES
NOT LIABLE FOR AN INJURY
RESULTING FROM A DISCRETIONARY-
THE DECISION. HOWEVER THIS DOES
NOT APPLY TO THE EXECUTIVE
OFFICER OF THE ATHLETIC
COMMISSION SO THIS LEGISLATION
WILL SIMPLY CLARIFY THAT THE
OBJECTIVE OFFER THAT THE
EXECUTIVE OFFICER OF THE
ATHLETIC COMMISSION IS NOT
LIABLE FOR DISCRETIONARY
DECISIONS. WERE SIMILAR TO
VIRTUALLY ALL OTHER PUBLIC
EMPLOYEES WITH ME- HERE TO
TESTIFY THIS MORNING IS THE
CHAIRMAN OF THE CALIFORNIA STATE
ATHLETIC COMMISSION MISTER PETE
VIEQUES THANK YOU MR. THANK YOU
FIRST WITNESS PLEASE MISTER
CHAIR AND MEMBERS OF THE
COMMITTEE AB THREE EIGHTEEN
THIRTEEN CLARIFIES EXISTING LAW.
THAT THE BOUT APPROVALS
ASSIGNMENTS MADE BY THE
EXECUTIVE DIRECTOR. IN THE
COURSE OF CARRYING OUT THE
REQUIRED JOB DUTIES. SHOULD NOT
BE SUBJECTED TO POTENTIAL
LEGISLATURE SLICING THREATS THE
EXECUTIVE OFFICER CONSIDERS
NUMEROUS FACTORS WHEN APPROVING
BALLOTS ARE MAKING ASSIGNMENTS
THE FOREMOST BEING THE SAFETY OF
THE ATHLETES THAT THE COMMISSION
LICENSES AND REGULATES THE
EXTENSIVE RESEARCH AND
CONSIDERATION OF FACTORS IN
SELECTING OFFICIALS OR PROVING
BALLOTS IS A DISCRETIONARY ACT.
THIS BILL SIMPLY CLARIFIES
EXISTING LAW THE EXISTING
EXECUTIVE OFFICER IS THE HIGHEST
RANKING STATE EMPLOYEE OF THE
COMMISSION AND HAS
RESPONSIBILITY OF APPROVING
BALLOTS FOR BOXING KICKBOXING
MOUTAI A MIXED MARTIAL ARTS AS
WELL AS A SIGNING ALL OFFICIALS
TO THOSE SPORTS THE BILL WILL
FURTHER CLARIFY THAT THIS
RESPONSIBILITY AND DUTY IS
DISCRETIONARY. THE BILL WILL
SAVE THE COMMISSION HUNDREDS OF
THOUSANDS OF DOLLARS IN PROCESS
AND POTENTIAL. LITIGATION COSTS
THE COMMISSION HAS BEEN FORCED
TO DEFEND ISSUES STEMMING FROM
THIS LACK OF CLARITY ON THE
DISCRETIONARY IMMUNITY ACT
MULTIPLE TIMES AND THE COST TO
THE COMMISSION'S BUDGET TO PAY
THE DEPARTMENT OF JUSTICE FOR
DEFENSE FEES. TAKES RESOURCES
AWAY FROM THE COMMISSION'S
PRIMARY GOAL OF THE HEALTH
SAFETY FAIRNESS INCONSISTENT
REGULATION THAT WE NEED TO.
PROVIDE FOR THESE REASONS WE
STRONGLY RECOMMEND THAT A. B.
EIGHTEEN THIRTEEN IS PASSED BY
THE COMMITTEE THANK YOU. THANK
HEARING ROOM WHO WOULD LIKE TO
SPEAK IN SUPPORT OF AB. EIGHTEEN
THIRTEEN. SEEING NONE OPERATOR
WOULD YOU OPEN THE LINES FOR
ANYONE WHO LIKED INDICATE
SUPPORT FOR A BI EIGHTEEN
THIRTEEN. THANK YOU MISTER CHAIR
IF YOU ARE IN SUPPORT OF AB
EIGHTEEN THIRTEEN PLEASE PRESS
ONE ZERO AT THIS TIME ONE FILED
BY ZERO FOR SUPPORT ON AB
EIGHTEEN THIRTEEN. OUR MISTER
CHAIR NOBODY IS QUEUING UP.
THANK YOU WE WILL MOVE TO
OPPOSITION IS THERE ANYONE IN
THE HEARING ROOM WHO WOULD LIKE
TO SPEAK IN OPPOSITION OF AB
EIGHTEEN THIRTEEN. I SAY NINE
OPERATOR WOULD YOU OPEN THE
LINES FOR ANY. ONE WHO WOULD
LIKE TO THE KID OPPOSITION TO AB
EIGHTEEN THIRTEEN. YOUR IN
OPPOSITION TO AB EIGHTEEN
THIRTEEN PLEASE PRESS ONE ZERO
AT THIS TIME ONE FILED BY ZERO.
AMATEUR NOBODY'S QUEUING UP.
THANK YOU ARE PRETTY MAY CLOSE
ALLIANCE OF BRING IT BACK TO THE
COMMITTEE QUESTIONS OR COMMENTS
. ALL RIGHT SEEING NONE MR RIVAS
YOU MAY CLOSE ON BEHALF OF- ARE
CALLED MR MEDINA STAFF ASK FOR
ITEMS CHECK THANK YOU LET'S
PAUSE ESTABLISH A QUORUM PLEASE
STONE HERE. CUNNINGHAM DAVIES.
KALRA KILEY MAIENSCHEIN REYES
RIVAS. BLOOM CORREA. THANK YOU
AS WE DO HAVE A QUORUM I'LL TAKE
A MOTION. THANK YOU WE HAVE A
MOTION IS THEIR SECOND. AND A
SECOND THAT MOTION IS TO PASS
CALL THE ROLL PLEASE STONE AYE
STONE AYE CUNNINGHAM CUNNINGHAM
I. DAVIS DAVIES I KALRA. KALRA
AYE KILEY MAIENSCHEIN REYES
RIVAS. RIVERSIDE BLOOM BLOOM I
CARILLO. THANK YOU THAT BILL IS
OUT RIGHT MISS WICKS ARE ITEM
NUMBER FOUR AB TWENTY ONE EIGHTY
TWO. WELCOME. WITH.
I SHOULD HAVE A- WITNESS WITH ME
. I HAVE WITNESSES ON THIS BILL
BOTH ON THE TELEPHONE I GUESS
THEY'RE BOTH ON THE PHONE OKAY.
THAT'LL WORK TOO. THANK YOU
MISTER CHAIR MEMBERS OF THE
COMMITTEE AND THE COMMITTEE
STAFF FOR ALL OF YOUR WORK ON
THIS. THIS IS THE SECOND TIME I
THINK YOU ALL ARE HEARING THIS
BILL HERE FOR ME- FAMILY
RESPONSIBILITY DISCRIMINATION
OCCURS WHEN AN EMPLOYER TAKES A
NEGATIVE EMPLOYMENT ACTION
AGAINST AN EMPLOYEE WHO CARES
FOR A FAMILY MEMBER. THIS
INCLUDES MOTHERS AND FATHERS OF
YOUNG CHILDREN PREGNANT BREAST
FEEDING PEOPLE AND EMPLOYEES
WITH AGING PARENTS SIX PASSES OR
PARTNERS. AB TWENTY ONE EIGHTY
TWO PROHIBITS DISCRIMINATION
AGAINST EMPLOYEES BASED ON THEIR
FAMILY RESPONSIBILITIES ENSURES
WORKING FAMILIES HAVE ACCESS TO
REASONABLE ACCOMMODATIONS TO
DEAL WITH UNFORESEEN
CIRCUMSTANCES. SUCH AS CLOSURES
OF SCHOOLS OR OTHER CARE
FACILITIES. I APPRECIATE THE
SUPPORT FROM THIS COMMITTEE WHEN
I PRESENTED THIS BILL LAST YEAR.
IN RESPONSE TO SOME OF THE VERY
HELPFUL COMMENT THAT I RECEIVED
DURING LAST YEAR HEARING- WE I
HAVE REVISED THE REASONABLE
ACCOMMODATION PORTION OF MY BILL
SO THAT THE PROCESS IS MUCH MORE
CLEAR AND STRAIGHTFORWARD. THIS
BILL INCLUDES A VARIETY OF
SIMPLE OPTIONS THAT AN EMPLOYER
MAY USED TO ADDRESS THE
CAREGIVING NEEDS. OF WORKING
MOTHERS AND FATHERS OF YOUNG
CHILDREN PREGNANT PEOPLE LOW
WAGE EARNERS AND PEOPLE OF COLOR
WHO ARE DISPROPORTIONATELY
IMPACTED. BY FAMILY
RESPONSIBILITY DISCRIMINATION.
OPTIONS LIKE SHIFTING IT WORKERS
HOURS EXCUSING THEM FROM
MANDATORY OVERTIME ALLOWING THEM
TO WORK REMOTELY OR SWAPPING
SHIFTS WITH ANOTHER EMPLOYEE.
STILL THIS BILL ONLY REQUIRES
THE EMPLOYER TO PROVIDE SUCH AN
ACCOMMODATION SO LONG AS IT DOES
NOT IMPOSE AN UNDUE HARDSHIP.
THIS BILL. IT SORRY THIS IS A
VERY LIMITED NARROW
ACCOMMODATION REQUIREMENT FOR
EMPLOYERS BUT IT WILL PROVIDE AN
ENORMOUS RELIEF FOR WORKERS WHO
MAY FACE. THESE UNFORESEEN CARE
EMERGENCIES. A STUDY IN THE
AMERICAN JOURNAL SOCIOLOGY FOUND
THAT 79% OF MOTHERS EXPERIENCE
SOME FORM OF FAMILY
RESPONSIBILITY DISCRIMINATION.
THIS IS A COMMON ISSUE AND WE
HAVE TO ADDRESS SAID. THIS BILL
SUPPORTED BY CALIFORNIA LAWYERS
EMPLOYMENT ASSOCIATION EQUAL
RIGHTS ADVOCATES A LEGAL AID AT
WORK. AND THE CALIFORNIA SCHOOL
EMPLOYEES ASSOCIATION. WITH ME
TO TESTIFY OVER THE PHONE IS
DEREK. AND SIDE NOTE DEREK FROM
GOING TO PRONOUNCE YOUR NAME
CORRECTLY TO SINGER. WHO IS A
RETIRED FIREFIGHTER AND LIZ
MORRIS FROM THE UNIVERSITY OF
HASTINGS CENTER FOR WORK LIFE
LAW AND I WOULD RESPECTFULLY ASK
FOR NINE. THANK YOU I DO HAVE
THOSE TWO WITNESSES LISTED WITH
US ON THE TELEPHONE DEREK TO
SINGER AND LIZ MORRIS ARE YOU.
EITHER OF YOU WITH US. THEIR CAT
URINE HERE GO AHEAD PLEASE. GO
AHEAD THAT THE PIE YES YES
PLEASE DO. GOOD MORNING- MY
NAME'S DEREK TICE SINGER I'M A
RETIRED- FIRE CHIEF FROM THE
CENTRAL VALLEY- EARLY ON IN MY
CAREER I WAS WORKING FOR THE
BAKERSFIELD CITY FIRE
DEPARTMENT. AND I DID I
EXPERIENCE DISCRIMINATION
BECAUSE OF MY FAMILY CARE GIVING
RESPONSIBILITIES- AFTER WORKING
FOR THE DEPARTMENT FOR
APPROXIMATELY THIRTEEN YEARS- I
BECAME A SINGLE PARENT A SOLE
CAREGIVER FOR. FIVE THREE YOUNG
SONS AND SO OBVIOUSLY I ASSUME
THAT- MUCH GREATER CHILD CARE
RESPONSIBILITIES- ARE
DEPARTMENT- HAD A SHIP TRADING
POLICY THAT ALLOWED EMPLOYEES TO
SWAP SHIPS. WHEN WE NEED IT OR
THE MODIFIER SCHEDULES WHICH I
OBVIOUSLY TOOK ADVANTAGE JOB-
SHIP TRADING WAS READ USED BY
THE EMPLOYEES AND APPROVED BY
SUPERVISORS FOR ALL SORTS OF
REASONS. IN ORDER TO MEET MY
OBLIGATIONS TO BOTH MY EMPLOYER
INTO MY FAMILY I TRADED SHIFTS
WITH OTHER EMPLOYEES SO I COULD
PICK UP MY KIDS FROM SCHOOL AND
TAKE HER TAKE THEM HOME TAKE
CARE OF A MAKE DINNER MAKE SURE
THEY GOT THEIR HOMEWORK DONE
STUFF LIKE THAT THEN I'D GO BACK
TO WORK- EVEN THOUGH I DID THAT
I CONTINUE TO PERFORM MY DUTIES
TO THE HIGHEST STANDARDS. AND
WAS COMMITTED TO MY JOB WITH THE
FIRE DEPARTMENT. BUT
UNFORTUNATELY- BY FIRE CHIEF AT
THE TIME. I'M CONSTANTLY AND
REPEATEDLY QUESTIONED ME ABOUT
MY CHILD CARE OBLIGATIONS. IN
THE END- I WAS PASSED OVER FOR A
PROMOTION TO CAPTAIN EVEN THOUGH
I WAS RANKED NUMBER ONE ON THE
ELIGIBILITY LIST AND WAS WELL
MORE QUALIFIED THAN THE THAN THE
CANDIDATES BEHIND ME. IN MY
EVALUATION- ONE OF MY BY WHITE
THE FIRE CHIEF EVEN. PUT IN
WRITING. AND SAID THAT I NEEDED
TO FIND ALTERNATIVE METHODS OF
CHILD CARE. ANY CRITICIZED MY
USE OF THE SHIP TRADING POLICY
THANK CALL BY REASONS FOR SHIP
TRADING GARBAGE. HE TOLD ME OVER
AND OVER THAT MY JOB WAS MORE
IMPORTANT THAN BY
RESPONSIBILITY- AS A FATHER AND-
TAKING CARE OF MY KIDS. YOU KNOW
I KNEW THAT WAS WRONG AND SO MY
ONLY- I GUESS AFTER FILING-
SEVERAL- UP HERE YOU KNOW
COMPLAINTS AND STUFF LIKE THAT
BY I WAS LEFT WITH NO OTHER
CHOICE BUT TO FILE A LAWSUIT.
BECAUSE PARENTS ARE PROTECTED
FROM DISCRIMINATION IN
CALIFORNIA. I BOUGHT A CLAIM
FORM OF MARITAL STATUS
DISCRIMINATION SINCE I WAS A
SINGLE PARENT. AT THE TRIAL THE
JURY FOUND IN MY FAVOR. AND IN
FACT- IT WAS SO OVERWHELMED I
MEAN THEY CAME BACK AND LEFT
WITH AN HOUR AND A HALF AND
AWARD ME- AND- NOT ONLY- MY
PROMOTION BUT THEY ALSO AWARDED
ME SEVENTY FIVE THOUSAND DOLLARS
I HAD NATURAL DYE. IN THIS
SITUATION IN FACT THE JURY
FOREMAN HAD TOLD- TOLD A FRIEND
OF MINE AT THE TIME THAT IT BUT
SHE HAD HAD HER WAY THEY WERE
GIVEN THE A MILLION DOLLARS IT
WAS THAT CLEAR CUT- IT SEEMED
LIKE THEY HAD A STATE DEMEAN
OBVIOUSLY THEY HAD A CLEAR SENSE
OF MY EMPLOYER'S ACTIONS. AND
WHAT WAS WRONG AND AFFECT THEM.
THAT AND THAT'S WHY IT SUCKS
VERY SHORT TIME TO COME TO MY
CONCLUSION- THERE'S NO-
UNFORTUNATELY THE CITY APPEALED-
MY BURKE. AND THE COURT APPEAL
STATED THERE'S NO DOUBT THAT
THIS RECORD CONTAINS SUFFICIENT
EVIDENCE FROM WHICH THE JURY
COULD CONFIRM OR IMPORT PRICING
OR WAS PASSED OVER BECAUSE OF
HIS CHAIR- CHILD CARE
RESPONSIBILITIES. HOWEVER THERE
IS NO EVIDENCE THAT HE WAS
PASSED OVER BECAUSE HE WAS
SINGLE AND THE AT THE IN THE
BOTTOM LINE IS THERE IS NO LAW
AT THAT TIME TO PROTECT. BUT
LOST SOMETHING NOT PUT ME FROM
THE- THAT I DID EXPERIENCE. BUT
YOU KNOW WHAT GOES ON IN OUR IN
OUR BEEN PART OF THIS PROCESS
BUT SINCE WE STARTED THIS BILL
YEARS AGO AND I'D LOVE TO SEE
SOMETHING LIKE THIS PAST- MY
GRADES ARE THERE NOW BROWN AND
I'M PROUD. TO SAY THAT I WAS
ABLE TO GET THEM ALL THROUGH
COLLEGE AND ALL THREE OF THEM
THERE ARE NOW A PROFESSIONAL
FIREFIGHTERS HERE IN CALIFORNIA
. AND EVEN THOUGH IT'S BEEN A
WHILE I'M STILL DEEPLY
PASSIONATE ABOUT THIS ISSUE AND
I BELIEVE THAT NO ONE SHOULD BE
FORCED TO CHOOSE BETWEEN THEIR
JOB AND OUR FAMILY- AND THAT'S
WHY- THE BILL AND IT'S VERY
IMPORTANT TO ME THANK YOU VERY
MUCH. THANK YOU ALL RIGHT NEXT
WITNESS LIZ MORRIS ARE YOU ON
THE LINE. GOOD MORNING THANK YOU
I'M WITH MORRIS THE DEPUTY
DIRECTOR FOR THE CENTER FOR
WORKLIFE LAW. WE THOUGHT DURING
THE PANDEMIC THAT WORKING PEOPLE
WHO ARE ALSO CARING FOR YOUNG
CHILDREN THE ELDERLY AND FAMILY
MEMBERS WITH DISABILITIES. FACE
HEART WRENCHING CHOICES. BETWEEN
PROVIDING ADEQUATE CARE FOR
THEIR LOVED ONES AND KEEPING THE
PAYING JOB THEY NEED TO SURVIVE.
BUT THESE CHOICES ARE NOT NEW.
DISCRIMINATION AGAINST FAMILY
CAREGIVERS EXISTED LONG BEFORE
THE PANDEMIC AND IT WILL
UNDOUBTEDLY CONTINUE AND TAKE WE
TAKE AFFIRMATIVE STEPS TO
ADDRESS IT NOW. BIAS AGAINST
MOTHERS OF THE CHALK STRONGEST
FORM OF GENDER BIAS AGAINST
WOMEN LARGELY RESPONSIBLE FOR
THE GENDER PAY GAP. WOMEN OF
COLOR SINGLE MOTHERS IMMIGRANTS
AND WORKERS IN LOW PAYING JOBS.
THE HARSH IMPACT. WHEN MOTHERS
ARE FIRED THEIR CHILDREN SUFFER
WITH STUDENT SECURITY
HOMELESSNESS AND OTHER PLAGUE
THE POVERTY. AS YOU HEARD FROM A
SINGLE PARENT WHO TESTIFIED
BEFORE ME MEN ALSO FACE NEGATIVE
CONSEQUENCES FOR CARE GIVING
WHEN THEY'RE PUNISHED FOR
VIOLATING OUTDATED GENDER NORMS.
BADLY CALIFORNIA HAS FALLEN
BEHIND NATIONALLY IN ADDRESSING
DISCRIMINATION AGAINST FAMILY
CAREGIVERS. OVER 30% OF THE
AMERICAN ORK FORCE IS ALREADY
PROTECTED BY A STATE OR LOCAL
LAWS THAT PROHIBIT THE FORMAT
DISCRIMINATION. VARIANTS OF THE
OTHERS THAT SHOWS US THAT
PROHIBITING CAREGIVER
DISCRIMINATION DOES NOT INCREASE
LITIGATION RIGHT. ACTIVE THAT
CALIFORNIA EMPLOYEES FACING
CAREGIVER DISCRIMINATION ALREADY
HAVE SOME LEGAL RIGHT BASED ON
THE PATCHWORK OF OTHER LAWS
RELATED TO MARITAL STATUS
DISABILITY GENDER CHILDBIRTH AND
FAMILY LEAVE. BUT THE PROTECTION
FROM FAMILY CARE GIVING
DISCRIMINATION IT'S NOT CLEAR OR
EXPLICIT AND IN SOME CASES LIKE
WITH THE FIRST WITNESS THEIR
GIVERS CAN FALL THROUGH THE
GAPS. BY EXPLICITLY LABELLING
FAMILY CAREGIVERS AS A CLEARLY
PROTECTED CLASS AB TWENTY ONE
EIGHTY TWO WOULD ENCOURAGE
EMPLOYERS TO TREAT THEM BASED ON
THEIR JOB PERFORMANCE. INSTEAD
OF BIAS WHICH HAS THE POWER TO
BOTH SAVE JOBS AND AVOID LOTS.
IN FACT THE TWENTY TWENTY ONE
REPORT FROM THE CENTER FOR
WORKLIFE LAW FOUND THE
LIKELIHOOD AN EMPLOYER WILL BE
ISSUED UNDER AN EXPLICIT
CAREGIVER DISCRIMINATION LAW. IS
ZERO POINT 0001% NEW RESEARCH
SHOWS THAT DISCRIMINATION
COMPLAINT FILED WITH ENFORCEMENT
AGENCIES IN OTHER STATES
ACTUALLY WENT DOWN IN THE YEARS
FOLLOWING ENACTMENT. PROPELLING
FAMILY RESPONSIBILITIES IS NOT A
PRIVATE FROLIC IF THE HARD AND
NECESSARY WORK OF CARING FOR THE
ELDERLY AND PEOPLE WITH
DISABILITIES AND RAISING THE
NEXT GENERATION OF WORKERS THAT
WILL EEP OUR ECONOMY RUNNING.
THANK YOU. THANK YOU RIGHT IS
THERE ANYONE IN THE HEARING ROOM
WHO'D LIKE TO INDICATE SUPPORT
FOR AB TWENTY ONE EIGHTY TWO.
RIGHT SING NINE OPERATOR WOULD
YOU OPEN THE LINES FOR ANYONE
WHO'D LIKE TO INDICATE SUPPORT
FOR AB TWENTY ONE EIGHTY TWO. WE
WILL NOT BE TAKING FURTHER
TESTIMONY BUT JUST NAME
AFFILIATION AND SUPPORT FOR THE
BILL. THANK YOU MISTER CHAIR IF
YOU ARE IN SUPPORT OF- AB TWENTY
ONE EIGHTY TWO. PLEASE TAKE THIS
OPPORTUNITY A PRESS ONE FOLLOWED
BY ZERO AT THIS TIME. ONE FELL
BY ZERO FOR SUPPORT FOR AB
TWENTY ONE EIGHTY TWO WE WILL
BEGIN WITH WINE- THIRTY ONE YOU
ARE OPEN. THE MORNING AFTER CARE
MEMBERS GET THE GOVERNOR ON
BEHALF OF EQUAL RIGHTS ADVOCATES
PROUD TO CO SPONSOR AND SUPPORT.
AND ALSO IN ON BEHALF OF
CALIFORNIA WOMEN LAWYERS AND
UFCW WESTERN STATE COUNCIL IN
SUPPORT. I TWENTY ONE PLEASE GO
AHEAD. GOOD MORNING REBECCA
GONZALEZ OF THE NATIONAL
ASSOCIATION OF SOCIAL WORKERS
CALIFORNIA CHAPTER IN SUPPORT OF
AB TWENTY ONE EIGHTY TWO. CERTI
SIX YOU ARE OPEN. GOOD MORNING
MR CHAIRMAN MEMBERS GREGORY
KRAMER ON BEHALF OF CALIBER OF
DISABILITY RIGHTS CALIFORNIA I
HAVE A NEWBORN ON MY LAP IN A
TODDLER WHO CHECKED IN THE OTHER
ROOM AND WE ARE YOUR SUPPORT
THANK YOU. PINE FORTY PLEASE GO
AHEAD. THANK YOU MISTER CHAIR
MEMBERS MITCH SNIDER WITH
CALIFORNIA LABOR FEDERATION ALSO
EXPORT. FORTY THREE YOUR UP.
GOOD MORNING AND THE BALLOT ARE
QUITE UNHAPPY NARAL PRO CHOICE
CALIFORNIA IN SUPPORT OF. RIGHT
FORTY FOR YOUR OPEN.
CALIFORNIANS SUPPORT THANK YOU.
I THINK FOURTEEN PLEASE GO AHEAD
. KATIE WATER SMITH WITH THE
CALIFORNIA WORK AND FAMILY
COALITION AND STRONG SUPPORT.
FIND SIXTEEN PLEASE GO AHEAD.
GOOD MORNING THIS IS ONE ZERO
THOUGHTS ON BEHALF OF PUBLIC
COUNCIL AND WE ARE IN STRONG
SUPPORT OF AB TWENTY ONE EIGHTY
TWO THANK YOU. FIND FORTY TO
YOUR LINE IS OPEN. MORNING THIS
IS JULIA PEREZ FOR LEGAL AID AT
WORK AND STRONG SUPPORT AND
PATCO SPONSOR THANK YOU. AND AS
A FINAL REMINDER PLEASE PRESS
ONE FOLLOWED BY ZERO TO TESTIFY
IN SUPPORT FOR AB TWENTY ONE
EIGHTY TWO PLEASE GO AHEAD FORTY
SIX. WE FRIEDMAN WITH THE JEWISH
CENTER FOR JUSTICE IN STRONG
SUPPORT OF THE BILL. WHY DID YOU
ARE OPEN. HI UNDER DACA
PRESIDENT I'M A VOLUNTEER WITH A
RP CALIFORNIA AND WE URGE YOU TO
PLEASE SUPPORT TWENTY ONE EIGHTY
TWO. NINE THIRTY FIVE PLEASE GO
AHEAD. GOOD MORNING MEDICARE
MEMBERS MARIE GO YES THEY ARE ON
BEHALF THE CALIFORNIA INCLEMENT
ASSOCIATION AND STRONG SUPPORT
THANK YOU. MISTER CHAIR THE NO
THE- QUEUED UP. YOUR PRINTER WE
NOW MOVE TO OFFER I DO NOT HAVE
ANY OPPOSITION LISTED BUT IS
THERE ANYONE IN HEARING ROOM
WHO'D LIKE TO SPEAK IN
OPPOSITION. A GOOD MORNING MR
CHAIRMAN MEMBERS ACTUALLY HALF
IT ACTUALLY OFTEN ON BEHALF OF
THE CALIFORNIA CHAMBER OF
COMMERCE I AND RESPECTFUL
OPPOSITION. AND WHAT WE DO STILL
HAVE CONCERNS WITH THE DEFICIT-
THE BILL'S BROAD DEFINITION OF
FAMILY RESPONSIBILITIES I DO
WANT TO FOCUS MY TESTIMONY TODAY
ON THE REASONABLE ACCOMMODATION
REQUIREMENTS- THE AMENDMENTS
FUNCTIONALLY DO VERY LITTLE
OTHER THAN TAKING OUT THE
SEPARATE INTERACTIVE PROCESS
REQUIREMENTS. THE BILL STILL
REQUIRES A BUSINESS TO
ACCOMMODATE A WORKER ANYTIME
THEY HAVE AN UNFORESEEN FAMILY
RESPONSIBILITY RISE AND ALL THE
BILL SAYS IT'S ONLY FOR
UNFORESEEN CIRCUMSTANCES IN
ACTUALITY THE EMPLOYER REALLY
HAS NO MEANS OF CHALLENGING
THAT. AND IF THEY TRIED THEY
FACE WHAT IS AN AVERAGE COST OF
A ONE HUNDRED AND SIXTY THOUSAND
DOLLAR LAWSUIT UNDER FEE HAWK IN
A STATE WHERE YOU HAVE A 56%
CHANCE OF BEING SUED UNDER THAT
LAW. WHICH IS MORE THAN 40% MORE
THAN THE NATIONAL AVERAGE.
FURTHER THE PROPONENTS SAY YOU
KNOW THAT YOU DON'T HAVE TO
ACCOMMODATE IF IT'S GOING TO
CAUSE AN UNDUE HARDSHIP HOWEVER
UNDER HARDSHIP ISN'T TOWARDS THE
HIGH BAR TO SATISFY. MY PERSONAL
EXPERIENCE IT IS THE CAUSE OF A
LOT OF LITIGATION AND IT IS
SOMETHING THAT IS DETERMINED ON
A CASE BY CASE BASIS AFTER GOING
THROUGH A SERIES OF A LOT OF
DIFFERENT FACTORS SO THERE'S
REALLY NO WAY FOR BUSINESS TO
KNOW. IF THEY CLAIM THAT THEY
REALLY DO A NEW HARDSHIP WHETHER
THAT WOULD HOLD UP IN COURT OR
WHAT HAVE YOU. THIS IS WHY OTHER
STATUTES ADDRESSING THIS ISSUE
SUCH AS LABOR CODE SECTION TWO
THIRTY POINT EIGHT- WHICH
ACTUALLY PROVIDES LEAVE FOR
UNFORESEEN CHILD CARE ISSUES THE
FAMILY RIGHT SECTOR PAID SICK
LEAVE- HAVE GUARD RAILS ON THE
MAX AMOUNT OF TIME. THAT CAN BE
USE OF AN EMPLOYER WANTS TO
ALLOW SOMEONE TO WORK FOR HOME.
THEY'RE HAPPILY YOU KNOW GOING
TO EXCUSE EMPLOYEE FROM
ATTENDANCE POLICY WHAT HAVE YOU
THEY CAN ABSOLUTELY DO THAT
HOWEVER THERE ARE SOME
GUARDRAILS TO PROTECT THEM AS
FAR AS THE AMOUNT OF TIME THAT
CAN BE YOU STE. I'M I DO ALSO
WANT TO HIGHLIGHT ONE CONCERN OF
THE NEW AMENDMENTS- PROPOSED
SECTION ONE TWO NINE FOUR EIGHT
POINT FIVE C. I. WHICH IS
ACTUALLY MORE TROUBLESOME THAN
THE PRIOR REASONABLE COMMON.
ACCOMMODATION REQUIREMENTS OF
THAT PROVISION SAYS THAT THE
EMPLOYER CHOIR EMPLOYEE TO TAKE
TIME OFF WORK IF THERE'S ANOTHER
ACCOMMODATION THAT WOULD BE.
EFFECTIVE SO NORMALLY I'M DURING
IN CASE LINE. HA THE- ACTUALLY
HOW FULL DISK. OVER THE COMEDY.
AS LONG AS IT'S REASONABLE IT
DOESN'T ACTUALLY HAVE TO BE THE
WORKERS PREFERRED REQUESTED
ACCOMMODATION. SO THE SECTION
ACTUALLY TAKES THAT DISCRETION
AWAY. YOU CONSIDER A SMALL
RESTAURANT EMPLOYEES SAYS HEY
I'D LIKE TO COME IN LATE BUT WE
DON'T KNOW EXACTLY WHEN I'LL BE
IN. IT MAY BE MORE FEASIBLE FOR
THAT DAY'S OPERATIONS TO CALL
SOMEONE ELSE INSTEAD INTEREST
GIVE THAT EMPLOYEE TIME OFF
WORK. HOWEVER THIS BILL DOES NOT
ALLOW THE EMPLOYER TO MAKE THAT
CALL- WE BELIEVE THE FOR THE
BILL FURTHER UNDERMINES ABSENCE
INTERCEDE. TARDINESS POLICIES
LONG SIMPLY CLAIMS UNFORESEEN
CHILD CARE ISSUE THAT POLICIES
ENFORCEABLE- WE DID HAVE
CONVERSATIONS WITH AUTHOR LAST
YEAR AND WE HAD A- MEETING
ASSIST IT HAD TO BE RESCHEDULED-
THIS YEAR SO I. YOU KNOW LOOK
FORWARD TO HOPEFULLY DISCUSSING
MORE WITH HER AWAY TO
POTENTIALLY ACCOMPLISH THIS
GOAL- BUT WITHOUT OPPOSING THIS.
GIGANTIC BURDEN ON SMALL
BUSINESS US OF THAT REASON TODAY
WE URGE A NO VOTE THANK YOU.
THANK YOU. THE OTHERS IN THE
HEARING WHO WITH TO INDICATE
OPPOSITE. TO A. TWENTY EIGHTY
TWO. GOOD MORNING MISTER CHAIR
CHRIS MCKINLEY ON BEHALF OF THE
HOLLYWOOD CHAMBER OF COMMERCE AS
WE OPPOSE LAST YEAR'S VERSION
IN. RESPECTFULLY DO THIS YEAR
AND LOOK FORWARD TO WORKING WITH
THE AUTHOR ON CHANGES TO THE
BILL THANK YOU. THANK YOU. GOOD
MORNING MR CHAIRMAN AND MEMBERS
OF THE COMMITTEE BROWN LITTLE
CALIFORNIA FARM BUREAU
FEDERATION RESPECTFUL OPPOSITION
FOR THE REASONS OUTLINED BY
CALCHAMBER. THANK YOU. THANK YOU
ANYONE ELSE IN OPPOSITION. TO AB
TWENTY ONE EIGHTY TWO. SEEING
NONE OPERATOR WOULD YOU OPEN THE
LINES FOR ANYONE WHO WOULD LIKE
TO INDICATE OPPOSITION TO AB
TWENTY ONE EIGHTY TWO. WE WILL
NOT BE TAKING FURTHER TESTIMONY
BUT TAKE NAME AFFILIATION AND
OPPOSITION TO THE BILL. THANK
YOU MISTER CHAIR IF YOU WOULD
LIKE TO EXPRESS OPPOSITION. TO
AB TWENTY ONE EIGHTY TWO PLEASE
PRESS ONE ZERO AT THIS TIME ONE
BALL BY ZERO FOR OPPOSITION TO
AB TWENTY ONE EIGHTY TWO WE WILL
ALIGN FORTY SEVEN YOU ARE OPEN.
GOOD MORNING KAREN MEMBERS STATE
FOR JUST ON BEHALF OF THE FAMILY
BUSINESS ASSOCIATION OF
CALIFORNIA AND RESPECTFUL
OPPOSITION FOR THE REASONS
OUTLINED BY THE CHAMBER. WINDS
FIFTEEN PLEASE GO AHEAD. GOOD
MORNING TURN MEMBERS THIS IS
RYAN ELAINE WITTY CALIFORNIA
RETAILERS UP THAT THE
ASSOCIATION AND OPPOSITION THANK
YOU. LINE TWENTY FIRST GIVE ME
LINE FORTY EIGHT PLEASE GO AHEAD
. THANK YOU MR CHAIRMAN AND
MEMBERS MORE WERE TOP ON BEHALF
OF THE ORANGE COUNTY BUSINESS
COUNCIL IN OPPOSITION. ONE
TWENTY SEVEN EUROPE. MORE TO GET
A NUMBER OF THE CALIFORNIA
MANUFACTURERS AND TECHNOLOGY
ASSOCIATION IN OPPOSITION. AND
WE WERE LINE FORTY FIVE. GOOD
MORNING TERRY MEMBERS KATIE
HANSON WITH A CALIFORNIA
RESTAURANT ASSOCIATION WE ARE
RESPECTFULLY OPPOSED THANK YOU.
THE FINAL REMINDER IF YOU ARE
NOT POSITION TO AB TWENTY ONE
EIGHTY TWO PLEASE PRESS ONE ZERO
NINE FORTY ONE YOU ARE OPEN.
GOOD MORNING MISTER CHAIR AND
NUMBERS MELANIE CREATED BUT THE
CALIFORNIA BANKERS ASSOCIATION
ALIGN ARE CONCERNED WITH THOSE
AT THE CHAMBER THANK YOU. AND
MISTER CHAIR WE HAVE EXHAUSTED
THE QUEUE. ALL RIGHT THANK YOU
OPERATOR YOU MAY CLOSE THE LINES
AND I'LL BRING IT BACK TO THE
COMMITTEE FOR QUESTIONS OR
COMMENTS. I THINK THAT THIS
WORKS MAKE CLOTHES. JUST
HAPPENING CONTINUE TALKING
OPPOSITION- OF COURSE- BUT
DEFINITELY OF YOU THIS IS A
REALLY IMPORTANT CRITICAL ISSUE
AND- WITH OF SEEK IT OUT OF
COMMITTEE DAY SO RESPECTFULLY
ASK FOR AN AYE VOTE. THANK YOU.
SO THE RECOMMENDED MOTIONS TO
PASS TO HAVE MOTION. THANK YOU
WE DO HAVE A MOTION IS THERE
SECONDS AND A SECOND THANK YOU
THAT MOTION IS TO PASS TO
APPROPRIATIONS CALL THE ROLL
PLEASE. STONE AYE STONE AYE
CUNNINGHAM. DAVIES NO DAVIS NO
KALRA. KILEY KILEY NO
MAIENSCHEIN REYES RIVAS
RIVERSIDE BLOOM WHOM I CARILLO
IT'S THREE THE BILL NEEDS THREE
MORE SOMEONE PUT IT ON CALL.
RIGHT I DON'T NUMBER FIVE AB
TWENTY SEVEN SEVENTY SEVEN.
RIGHT SUCH. HI HOW ARE YOU. OKAY
I THANK YOU TO THE CHAIR AND
COMMITTEES TO FOR DELAY WORK AS
ALWAYS- ON THIS BILL WHICH I
VIEW AS VERY IMPORTANT AT A
MOMENT OF RECKONING IN UNITED
STATES AROUND SEXUAL HARASSMENT
AND SEXUAL ASSAULT CALIFORNIA
HAS MADE LANDMARK DECISIONS THAT
RECOGNIZE MANY SURVIVORS TAKE
YEARS BEFORE BEING ABLE TO COME
FORWARD TODAY WE MUST TAKE
ANOTHER STANDARD OF KNOWLEDGE
THE NEUROBIOLOGY OF TRAUMA THE
BRAIN'S DEFENSE A CIRCUITRY THE
TYPE OF HABITS AND REFLEXIVE
BEHAVIORS THAT VICTIMS OF SEXUAL
ASSAULT OFTEN EXHIBIT. AND THE
LONG TERM EFFECTS OF TRAUMA ALL
OF WHICH LEAD TO DELAY IN THE
SURVIVORS ABILITY TO FACE THEIR
ASSAILANTS AND SEEK JUSTICE. AB
TWENTY SEVEN SEVENTY SEVEN SIX
TO ACCOUNT FOR THE NATURAL DELAY
THAT OCCURS OFTEN DRAMATIC OFTEN
AFTER. A TRAUMATIC EXPERIENCE IN
SOME CIVIL CLAIMS BASED UPON
ACTS OF SEXUAL ASSAULT AND
HARASSMENT BY ALLOWING VICTIMS.
OF SEXUAL ASSAULT ADDITIONAL
TIME TO GO TO COURT WHEN THEIR
CLAIM WOULD HAVE OTHERWISE BEEN
BARRED SOLELY BECAUSE OF THE
STATUE OF LIMITATIONS EXPIRED.
OR TIME HAS RUN OUT. THIS
INCLUDES CLAIMS AGAINST THE
DEFENDANTS A DEFENDANT ENTITY
WHO HAS ENGAGED IN A COVER UP OF
A PRIOR INCIDENT OF SEXUAL ABUSE
OR MISCONDUCT. THIS BILL DOES
NOT CHANGE ANY LEGAL STANDARD OR
BURDEN OF PROOF WITH REGARD TO
ANY CLAIM BROUGHT BEFORE A JUDGE
OR COURT. NOR DOES IT APPLY TO
PUBLIC ENTITIES. SUPPORT BILL
WILL ALLOW THE TEAM TO BRING
THEIR CLAIM FORD WITHIN THE TIME
LIMIT. TIME LIMITED PERIOD OF
TIME OUTLINED IN THE BILL. WITH
ME TO HERE TO TESTIFY R. SERRA
LEWIS SURVIVOR AND NAOMI A BODY
PRESIDENT OF THE AND FOUNDER OF
THE FEMALE COMPOSERS SAFETY
LEAGUE. THANK YOU AND THERE ARE
MOMENTS LISTED IN THE- ANALYSIS
YOU'RE TAKING THOSE OFF YES
THANK YOU VERY MUCH. ALRIGHT
FIRST WITNESS PLEASE. SHE ON THE
LINE SHE SAID MORNING. OKAY SO
MY NAME IS SIR LEWIS GO AHEAD
THEN. THANK YOU- MY NAME IS
SERRA WRITTEN SUPPORT OF AB TWO
SEVEN SEVEN SEVEN. TWO MONTHS
AFTER I WAS HIRED BY A PROMINENT
PUBLISHING COMPANY IN TWO
THOUSAND AND THREE AS THE
ASSISTANT TO VICE PRESIDENT OF
THE FILM AND TV DEPARTMENT A NEW
SENIOR EXECUTIVE WAS HIRED.
WITHIN SIX MONTHS THE NEW SENIOR
EXECUTIVES BEGAN GROOMING ME FOR
SEX. I WOULD TWENTY THREE HE WAS
IN HIS LATE FORTIES. WHEN WE
TRAVEL TOGETHER TO VANCOUVER HE
TOLD ME HE WS IN LOVE WITH ME I
COULD NOT CONTROL HIS FEELINGS
FOR ME. I TOLD HIM THAT I DIDN'T
FEEL THE SAME. ON OUR RETURN
FLIGHT HOME. THE UPGRADE MY
TICKET TO FIRST CLASS. TRAVEL BY
THE SAME TOWN CAR TO OUR
RESPECTIVE HOMES. ALL THE WHILE
HOLDING MY HAND. IN THE WINTER
TWO THOUSAND AND FOUR WE TRAVEL
TO CHICAGO WHERE HE INSISTED
THAT WE STAY IN HOTEL ROOMS
ACROSS FROM ONE ANOTHER. LATER
THAT NIGHT HE ENTERED MY ROOM
GOT ON TOP OF ME DESPITE MY
PROTESTS. INTERESTED BOTH AND
ATTEMPTED PENETRATION. AT THE
SOUTH BY SOUTHWEST CONFERENCE IN
AUSTIN HE PRESSURED ME TO SPEND
A LONG TIME WITH THEM. WHEN I
WOULD AVOID HIM HE WOULD EXPRESS
ANGER. AFTER THAT TRIP. I
ATTENDED A HANDFUL CLIENT
BINDING BUT HAD ABSOLUTELY ZERO
SUPPORT ON HAND OR MY COMPANY. I
THOUGHT I HAD NO CHOICE OTHER
THAN TO LEAVE MY JOB IN MAY TWO
THOUSAND AND EIGHT. FOR ANOTHER
MUCH SMALLER PUBLISHING COMPANY.
I DIDN'T UNDERSTAND WHY ALL OF
MY EARLIER SUCCESS AND STOPPED
UNTIL A FEMALE COLLEAGUE TOLD ME
THAT OTHERS IN THE INDUSTRY HAD
GRANTED ME AS AN HIGHER LEVEL.
THANK YOU FOR YOUR CONSIDERATION
. THANK YOU. THAT'S WHAT THIS
PLACE. GOOD MORNING. MY NAME IS
NOMI ABADI I AM A MUSIC COMPOSER
AND I AM A SEXUAL ABUSE SURVIVOR
IN SUPPORT OF AB TWO SEVEN SEVEN
SEVEN. BECAUSE OF WHAT I WENT
THROUGH AND WHAT OTHERS HAVE
EXPERIENCED IN MY INDUSTRY I
FOUNDED THE FEMALE COMPOSERS
SAFETY LEAK. THE FEMALE COMPOSER
SAFETY LEAGUE IS A NONPROFIT
THAT UNITES WOMEN AND ALLIES
WITH A MISSION TO ENSURE THE
SAFETY ADVANCEMENT AND
EMPOWERMENT OF WOMEN AND OTHER
MINORITIES IN THE MUSIC
COMPOSING INDUSTRY. WE PROVIDE
COMMUNITY MENTORSHIP AND
EDUCATIONAL RESOURCES TO HELP
BREAK BREAK THE INDUSTRY STIGMAS
SURROUNDING TRAUMA AND SHAME. AS
OF TWENTY TWENTY ONE WOMEN MAKE
UP ROUGHLY 7% OF THE FILM
COMPOSING INDUSTRY AND ARE
SEVERELY UNDER REPRESENTED AND
UNDER PROTECTED IN THE FIELD OF
MUSIC COMPOSING. ALREADY IN THE
MINORITY VICTIMS OF SEXUAL ABUSE
RARELY FILE CLAIMS WITHIN THE
STATUTE OF LIMITATIONS DUE TO
FEARS OF RETALIATION AND OTHER
INTIMIDATION. FOR OTHERS IT
TAKES YEARS FOR THEM TO COME TO
TERMS WITH WHAT HAPPENED TO THEM
. AS A RESULT THE ABUSE OF WOMEN
IN MUSIC INCLUDING SEXUAL
ASSAULT IS SYSTEMIC AND HAS THIS
HISTORICALLY BEEN SWEPT UNDER
THE RUG. THE SEXUAL ABUSE AND
COVER UP ACCOUNTABILITY ACT
ADDRESSES THE FACT THAT THE
STATUTE OF LIMITATIONS DOES NOT
ACCOUNT FOR THE SCIENCE OF
TRAUMA AND ITS NEUROLOGICAL
EFFECTS. BY ALLOWING SURVIVORS
THE TIME NEEDED TO COME FORWARD
PARTICULARLY WHEN THERE HAS BEEN
HELP MOVE THE STATE ONE MORE
STEP TOWARD THE CHANGE THAT
VICTIMS DESERVE. THANK YOU FOR
CONSIDERATION. THANK YOU. AND I
WILL ALSO NOTE THAT THERE IS A
JEFFREY JEFFREY MONROE FROM THE
VICTIM POLICY INSTITUTE IS THAT
ON THE TELEPHONE AVAILABLE FOR
TECHNICAL QUESTIONS IS THERE
ANYONE IN THE HEARING ROOM WHO
WOULD LIKE TO INDICATE SUPPORT
FOR AB TWENTY SEVEN SEVENTY
SEVEN. SAY NONE OPERATOR WOULD
YOU OPEN THE LINES FOR ANYONE
WHO'D LIKE TO INDICATE SUPPORT
FOR AB TWENTY SEVEN SEVENTY
SEVEN WE WILL NOT TAKE
ADDITIONAL TESTIMONY BUT WE WILL
TAKE NAME AFFILIATION AND
SUPPORT FOR THE BILL. THANK YOU
MISTER CHAIR IF YOU ARE IN
SUPPORT OF AB TWENTY SEVEN
SEVENTY SEVEN- PLEASE TAKE THIS
AFTERNOON PRESS ONE FOLLOWED BY
ZERO ONE FELL BY ZERO. MISTER
CHAIRMAN WHETHER PARTICIPANTS
ARE QUEUING UP AT THIS TIME. ALL
RIGHT THANK YOU WE WILL NOW MOVE
TO OPPOSITION I HAVE JAMIE HUFF
AND KERRY SILVERMAN. BOTH IN THE
HEARING ROOM. IN OPPOSITION.
GOOD MORNING WARNING OKAY
BUSINESS ON MY CLOSE ENOUGH OKAY
. A GOOD MORNING MISTER TURNER
MEMBERS JAMIE UP ON BEHALF OF C.
JOCK- RESPECTFULLY ADDRESSING
THE COMMITTEE TODAY WITH
CONCERNS ABOUT THE POLICY IN AB
TWO SEVEN SEVEN SEVEN I'D LIKE
TO START OUT BY SAYING THAT I
HAVE NOTHING BUT EMPATHY AND
RESPECT FOR SURVIVORS OF SEXUAL
ASSAULT. OUR CONCERNS WITH THE
BILL ARE FOCUSED ON THE
INABILITY TO DEFEND AGAINST
REVIVER CASES WHERE EVIDENCE HAS
DISAPPEARED THE BILL'S BROAD
DRAFTING ON ITS EXCLUSION OF
PUBLIC ENTITIES FROM THE
PROVISIONS IN TERMS OF SCOPE THE
BILL WOULD OPEN THE DOOR TO
LAWSUITS AGAINST BUSINESSES AND
NONPROFIT ORGANIZATIONS ALLEGING
NOT ONLY SEXUAL ASSAULT. BUT
ANYTHING THAT MIGHT BE
CONSIDERED INAPPROPRIATE CONDUCT
COMMUNICATION OR ACTIVITY NO
MATTER HOW LONG AGO THE INCIDENT
OCCURRED IN OTHER WORDS A FORMER
RESTAURANT SERVER WHO RETIRED
TWENTY YEARS AGO COULD SUE
ALLEGING INAPPROPRIATE COMMENTS
WERE MADE BY A PATRON IN
NINETEEN SEVENTY ON THE
RESTAURANT WILL HAVE NO WAY TO
VERIFY OR DISPROVE SUCH
ALLEGATIONS. ALL CO WORKERS WHO
HAVE WITNESSED THE INCIDENT HAVE
RETIRED OR PASSED ON A NO
RECORDS OF THE INCIDENT. IF
THERE WERE ANY CAPS IN THE FIRST
PLACE WILL REMAIN. MY COLLEAGUE
FROM AFTER WILL SPEAK FURTHER ON
WHY IT IS A CONCERN AND WHY
STATURE LIMITATIONS ARE SO
FUNDAMENTAL. TO LEGAL CLAIMS.
THE BILL'S DEFINITION OF COVER
UP EVEN AS PROPOSED TO BE
AMENDED IS PROBLEMATIC. BECAUSE
IT IS SO BROAD IT COULD INCLUDE
LEGITIMATE CONTACT. WE HAVE
ALREADY SEEN THIS TERM USED IN
PRIOR STATURE LIMITATIONS LAW
HERE IN CALIFORNIA AND TWENTY
NINETEEN. CREATE CONFUSION IN
OUR COURTS. ANOTHER PUZZLING
ASPECT OF THE BILL IS THAT IT
DOES NOT APPEAR TO APPLY TO
VICTIMS OF SEXUAL ASSAULT. WHO
VISITED OR WORKED FOR A PUBLIC
ENTITY. SUCH AS THE LEGISLATURE
OR STATE UNIVERSITIES THEY ARE
COMPLETELY LEFT THE BILL AS THE
COMMITTEE ANALYSIS APPROPRIATELY
POINTS OUT. IT'S UNCLEAR WHY
WERE TREATING ONE SET OF
SURVIVORS DIFFERENTLY FROM
ANOTHER BASED ON WHERE THE
ASSAULT TOOK PLACE AND BY WHOM.
CALIFORNIA JUST EXTENDED THE
STATUTE OF LIMITATIONS FOR SUCH
CLAIMS AS RECENTLY AS THREE
YEARS AGO. AND WE HAVE YET TO
HEAR ANOTHER COMPELLING REASON
WHY CALIFORNIA NEEDS ANOTHER
REVIVER BILL AT THIS TIME. FOR
THESE REASONS WE RESPECTFULLY
OPPOSE THANK YOU. THANK YOU NEXT
WITNESS PLEASE. GOOD MORNING MR
CHAIRMAN AND MEMBERS OF THE
COMMITTEE THANK YOU FOR THE
OPPORTUNITY TO TESTIFY TODAY MY
NAME IS CARRIE SELF BERMAN AND
I'M HERE TODAY ON BEHALF. OF THE
AMERICAN TORT REFORM ASSOCIATION
TO EXPRESS OUR CONCERNS WITH AB
TWO TRIPLE SEVEN. ADDRESS
CLOSELY FOLLOWED THE WHAT WE
SAID WE WAS IN A DISTURBING
TREND. OF LEGISLATURES
CONSIDERING BILLS AND IN SOME
CASES ENACTING LAWS. THAT
ELIMINATE OR TEMPORARILY SET
ASIDE STATUTES OF LIMITATIONS.
AND REVIVE TIME BARRED CLAIMS.
OF THIS TREND BEGAN AS YOU WELL
KNOW WITH CHILDHOOD SEXUAL ABUSE
CASES HERE IN CALIFORNIA. IN TWO
THOUSAND AND TWO AND AS WE
PREDICTED THEN. THESE VERY WELL
INTENTIONED BILLS HAVE BEGUN A
SLIPPERY SLOPE. STATUTES OF
LIMITATIONS ARE REALLY KEY TO
THE CIVIL JUSTICE SYSTEM THE
ENSURE THAT IT FUNCTIONS
PROPERLY. THE ALLOW JUDGES AND
JURIES. TO DECIDE LIABILITY.
WHEN THE BEST EVIDENCE IS
AVAILABLE WHEN THE WITNESSES ARE
AVAILABLE TO TESTIFY WHEN.
BEFORE THE RECORDS ARE THROWN
OUT. WHEN THERE'S AN
UNDERSTANDING OF WHAT HAPPENED
AND WHAT SHOULD HAVE HAPPENED AT
THE TIME. WE HAVE FINITE
STATUTES OF LIMITATIONS IN ANY
CIVIL CASE WHETHER IT'S A
LAWSUIT ON BEHALF OF A DRUNK
DRIVER OF A PERSON KILLED BY A
DRUNK DRIVER. A PERSON DEVELOPS
CANCER DUE TO WHAT TOXIC
SUBSTANCE WAS FIRED FROM A JOB
FOR DISCRIMINATORY REASONS. AND
THE LENGTH OF A STATUTE OF
LIMITATIONS IT'S NOT. BASED ON
THE INNOCENCE OF THE DEFENDANT'S
ALLEGED CONDUCT. IT'S NOT BASED
ON THE SERIOUSNESS OF THE
PLAINTIFFS INJURY EITHER IT'S
BASED ON THE NEED FOR THE
JUDICIAL SYSTEM TO DECIDE CASES
BASED ON. ON EVIDENCE AND WHEN
STATUTES OF LIMITATIONS ARE SET
ASIDE IT MEANS THAT THERE'S
GOING TO BE A HEIGHTENED RISK.
THAT CASES ARE GOING TO BE
DECIDED BASED ON SYMPATHY FOR
PLAINTIFF RATHER THAN WHETHER A
DEFENDANT WAS TRULY RESPONSIBLE
FOR PERSONS INJURY AND IT IT
MEANS THAT. IT MAY MEAN THAT
CASES ARE DECIDED BASED ON
WHETHER A PARTICULAR INDUSTRY
ORGANIZATION IS UNPOPULAR IS
VIEWED AS HAVING. DEEP POCKETS
RATHER THAN WHAT THE EVIDENCE
MIGHT SHOW. AS MISS HOUGH
EXPLAINED THIS BILL WHILE
RESPONDING TO A VERY IMPORTANT
ISSUE OF SEXUAL ASSAULT- AT
REVISED AN EXTREMELY BROAD RANGE
OF CLAIMS THAT ARE VAGUELY
DEFINED. IT'S THE MOST OPEN
ENDED AND UNLIMITED REVIVER THAT
I I'VE SEEN PROPOSED IN IN ANY
STATE- IF THIS BILLS ENACTED IN
ITS CURRENT FORM WE'RE CONCERNED
THAT THE CALLS WILL CONTINUE.
APRICOT THE HAPS BECOME LOUDER
TO REVIVE OTHER TYPES OF PLANES.
WE SHOULDN'T DISCARD A KEY
ELEMENT OF THE CIVIL JUSTICE
SYSTEM THAT PROTECTS THE
ACCURACY AND RELIABILITY OF
DECISIONS ABOUT LIABILITY AND
SAFEGUARDS TO PROCESS I THANK
YOU FOR. THE OPPORTUNITY
TESTIFIED. WELCOME ANY QUESTIONS
YOU MIGHT HAVE. THANK YOU REYES
ANYONE IN THE HEARING WHO LIKE
TO INDICATE OPPOSITION TO AB
TWENTY SEVEN SEVENTY SEVEN. I
WILL NOT TAKE ANY FURTHER
TESTIMONY BUT NAME AFFILIATION
AND OPPOSITION ASHLEY HOFFMAN ON
BEHALF OF THE CALIFORNIA CHAMBER
OF COMMERCE AND RESPECTFUL
OPPOSITION FOR THE REASONS THAT
LED BY SEJAK. THANK YOU THANK
YOU. MARKET SEGMENT WITH
AMERICAN PROPERTY CASUALTY
INSURERS ASSOCIATION ALSO IN
OPPOSITION THE BILL THANK YOU
ANYONE ELSE. SEEING NONE
OPERATOR WOULD YOU OPEN ALLIANCE
FOR ANYONE WHO WOULD LIKE TO GET
OPPOSITION TO AB TWENTY SEVEN
SEVENTY SEVEN. THANK YOU IF YOU
ARE IN OPPOSITION TO AB TWENTY
SEVEN SEVENTY SEVEN PLEASE PRESS
ONE FOLLOWED BY ZERO AT THIS
TIME WHEN FALL BY ZERO. AND
MISTER CHAIR WE WERE LYING
FIFTEEN YOU ARE OPEN. GOOD
MORNING MR THIS IS RYAN ELAINE
WITTY CALIFORNIA RETAILERS
ASSOCIATION OPPOSITION THANK YOU
. AND AS A FINAL REMINDER TO
EXPRESS OPPOSITION TO OUR AB
TWENTY SEVEN SEVENTY SEVEN
PLEASE PRESS ONE ZERO ONE THIRTY
NINE YOU ARE ALL BUT- HELLO THE
SPELLING OF PETITIONS THAT THE
PRIVILEGED OFF ON BEHALF THE
PUBLIC RECKONING. AND POLLUTION
MANAGEMENT PROGRAMS IN FACT THE
OPPOSITION THANK YOU. WHICH CARE
NO OTHER PARTICIPANTS ARE HAVE
QUEUED UP. ALL RIGHT THANK YOU
ARE PRETTY MAY CLOSE THE LINES-
BRING IT BACK TO THE COMMITTEE
FOR QUESTIONS OR COMMENTS. MISS
CUNNINGHAM THANK YOU MISTER
CHAIR I HAVE A COUPLE QUESTIONS
FOR. OPPOSITION AND ONE FOR THE
AUTHOR. SO LIMITED AUTHOR ON
FIRST. MY UNDERSTANDING IS THE
BILL. EXEMPTS CASES THAT HAVE
ALREADY BEEN SETTLED OR
ADJUDICATED IN A COURT ROOM THAT
RIGHT. I BELIEVE THAT'S RIGHT
BUT JEFF CAN YOU ANSWER THAT.
YES THAT IS CORRECT. OKAY-
TURNING TO THE STATURE
LIMITATIONS ISSUE THESE THAT IN
FOR FREE ANY OPPOSITION
WITNESSES TO ASK THIS QUESTION
BUT MY UNDERSTANDING IS THE BILL
DEFINES SEXUAL ASSAULT FOR
CHANGES SUCH INDICATIONS WITH
REFERENCE TO THE PENAL CODE
SECTIONS THAT REFER TO LEWD ACTS
ON MINORS FORCIBLE RAPE. SODOMY
ANSWERS EITHER- AND I BELIEVE
THIS LEGISLATURE ALREADY CHANGE
THE CRIMINAL STATUTES ON
PATIENTS FOR MOST MAYBE NOT ALL
BUT MOST OF THOSE CRIMINAL
SECTIONS THAT FORM THE BASIS OF
THE DEFINITION FOR SEXUAL
ASSAULT FOR THIS BILL TO ATTEND
A TEN YEAR SESSION LIMITATIONS
SO IF I UNDERSTAND WHAT THIS
BILLS ATTEMPTING TO DO CORRECTLY
IT WOULD BE ALIGNING THE CIVIL
STATUTE INDICATIONS WITH THE
EXISTING CRIMINAL STATUTE
LIMITATIONS AM I WRONG ABOUT
THAT- IS THAT CORRECT. MY
UNDERSTANDING OF THE BILL AND
THE BILL AND I BELIEVE IT'S GONE
THROUGH SEVERAL. FORMS DIFFERENT
AMENDMENTS AND SOME AMENDMENTS
THERE THAT ARE GOING TO BE
PROPOSER OR WILL BE PROPOSED
HERE- BUT MY UNDERSTANDING OF
THE BILL THERE'S TWO DIFFERENT
REVIVED. ITS BILLS A LITTLE BIT
CONFUSING THERE'S A GRASS YOU'RE
TALKING MICROPHONE BETTER
TROUBLE HEARING. MY
UNDERSTANDING THERE'S TO. ACTUAL
REVIVER THIS THE FOR REVISED. IS
GOING TO BE A SURVIVOR OF CLAIMS
BASED ON THE TWO THOUSAND AND
NINETEEN LAW THAT SAID A TEN
YEAR STATUTE OF LIMITATIONS. FOR
SEXUAL ASSAULT CLAIMS AND THAT
PART OF THE BILL- CROSS
REFERENCES THE FELONY CRIMINAL.
SEXUAL ASSAULT. STATUTE ON AND
ALLOWS FOR CLAIMS TO GO BACK.
AFFECTED THE MAKING THE TWO
THOUSAND NINETEEN. LAW FOR CIVIL
CLAIMS RETROACTIVE TEN YEARS
GOING BACKWARD. THERE'S A
SEPARATE PROVISION IN THE BILL
THAT- IS THE COVER A PROVISION
THE PROVISION FOR THIS THIS
OTHER REVIVER AND THAT'S A BIT
DIFFERENT IT DOES THAT PROVISION
OF THE BILL DOESN'T REFERENCE.
ANY OF THE CRIMINAL FELONY
PROVISIONS AND IT HAS THIS MUCH
BROADER- TACK ON OF OTHER
INAPPROPRIATE COMMUNICATIONS
CONTACT CENTER- THERE'S NO
REFERENCE THERE TO THE BILL IT'S
MUCH BROADER AND IT GOES BACK
AND DEFINITELY NOT NOT TEN TEN
YEARS FROM THE- ESSENTIAL
QUESTION YEAH BUT I'VE GOT A
COUPLE FOLLOW US. SO THE NATURE
OF COVER UPS IS IF THEY'RE
SUCCESSFUL THEIR ON DISCOVERED
RIGHT SO. IT SEEMS APPROPRIATE
TO ME I EAT YOU KNOW WE CAN TALK
ABOUT WHAT EXACTLY THE
DEFINITION OF COVER UP SHOULD BE
AND HOW BROAD THAT SHOULD BE AND
HOPEFULLY WORK WITH THE AUTHOR
ON TRYING TO NARROW THAT SO IT'S
APPROPRIATE BUT- YOU. I MEAN YOU
DON'T WANT A SITUATION I THINK
SOCIETALLY WHERE SOMEBODY
SUCCESSFUL IN COVERING UP A
PATTERN OF SEXUAL ABUSE LIKE.
THESE HORRIBLE CASES THAT CAME
WITH THE OUT OF I THINK WAS
PENNSYLVANIA WITH THE GYMNASTS
IN THE U. S. C. CASE AND SO
FORTH. AS ALWAYS ARE GOOD AT
COVERING IT UP FOR FOUR YEARS
THERE FOR SCOT FREE RIGHT SO
THAT I MEAN THAT'S MORE OF A
COMMENT THAN A QUESTION BUT THEN
ON THE ALIGNMENT WITH CRIMINAL.
I GET I AM NOT THAT. I'M NOT
TOTALLY UNDERSTANDING WHY I HEAR
YOUR GENERAL TALKING POINTS
ABOUT STATURE LIMITATIONS I DO
BELIEVE THAT'S IMPORTANT DUE
PROCESS SAFEGUARDS. IMPORTANT
HAVE IN THE SYSTEM BUT IF WE'VE
ALREADY CHANGED IT FOR THE
CRIMINAL PROSECUTION THAT'S-
BEYOND A REASONABLE DOUBT PROOF
STANDARD AND SOMEBODY COULD GO
TO PRISON FOR LIFE FOR SOME OF
THE TAX. THEN WHY IS IT SO BAD
THAT WE'RE CHANGING IT TO A LINE
FOR THE CIVIL YEAH OUR OKAY I. I
MISS BABY I MISUNDERSTOOD YOUR
QUESTION I THINK IT'S A- GOOD
POINT YOU'RE RAISING WE- WE LOOK
AT A LITTLE BIT DIFFERENTLY-
YEAH THERE'S A FUNDAMENTAL
DIFFERENCE BETWEEN. CRIMINAL
CLAIMS AND CIVIL CLAIMS AND
CRIMINAL CLAIMS HAVE BUILT IN
TWO AND A NUMBER OF SAFEGUARDS
THAT THAT WE DON'T HAVE IN THE
CIVIL SYSTEM. MEAN ONE THAT YOU
MENTIONED IS THAT THE PROOF
BURDEN OF PROOF IS MUCH HIGHER
THE PROOF BEYOND A REASONABLE
DOUBT. WORDS AND SEVERAL SYSTEM
WE'RE TALKING ABOUT
PREPONDERANCE OF THE EVIDENCE
WHICH IS A MORE LIKELY THAN NOT
STANDARD WHEN YOU'RE- LOOKING AT
CLAIMS GOING BACK DECADES- AND
YOU'VE GOT YOU KNOW. A PERSON
WHO FEELS AND LIKELY WAS
VICTIMIZED VERSUS MAYBE AN
ORGANIZATION THAT DOESN'T HAVE
THEIR RECORDS ARE EMPLOYEES
AROUND ANYWHERE. YOU KNOW THAT'S
GONNA BE A STANDARD THAT'S NOT
ALL TOO DIFFICULT TO MEET WHEN A
JURY HAS TO. FIGURE OUT. WHO YOU
GONNA BELIEVE THE PERSON WHO WAS
VICTIMIZED OF THE PERSONAL
EVIDENCE THERE- SO THAT'S ONE
DIFFERENCE OF COURSE CRIMINAL
JUSTICE SYSTEM ALSO HAS A GRAND
JURY. PROSECUTION PROSECUTORIAL
DISCRETION THEY'RE NOT GONNA
TYPICALLY BRING CLAIMS WHERE
THERE ISN'T SOME. EVIDENCE THAT
THEY'VE AMOUNTED BEFOREHAND
WHERE IS IN THE CIVIL SYSTEM.
YOU KNOW ANY PLAINTIFFS LAWYER
COULD FOLLOW A COMPLAINT AND
THAT'LL YOU KNOW ESPECIALLY IN
CASES LIKE THIS WILL PLACE A LOT
OF PRESSURE ON THE DEFENDANT TO
SETTLE THAT CASE. ON WHETHER OR
NOT YOU KNOW THERE WILL BE
EVIDENCE THAT EMERGES THAT
SUPPORTS. IT OKAY. THE PROJECT.
OTHER QUESTIONS COMMENTS RIGHT
MISTER SO I THANK YOU FOR THIS
FORTY CERTAINLY WORKING WITH US
OF THIS THIRTY OUT THAT- I WANNA
PUT THE QUESTION OF THE
OPPOSITION- YOU MAKE IT SOUND
LIKE THERE ARE NO CIRCUMSTANCES
HISTORICALLY BEFORE TWO THOUSAND
TWO UNDER WHICH A STATUTE OF
LIMITATIONS CAN BE TOLD- BUT
THAT'S NOT THE CASE SO FOR
EXAMPLE IN A MEDICAL. THE
STATURE LIMITATIONS CAN BE TOLD-
IF- AN INJURED PERSON CANNOT
REASONABLY BE EXPECTED TO HAVE
DISCOVERED THEIR INJURY- GIVEN
THE PROPONENTS ARGUMENTS ABOUT
TO- OF THE NEUROBIOLOGY OF
TRAUMA. IS THERE NOT A CASE TO
BE MADE FOR TOLLING THE STATUTE
OF LIMITATIONS FOR SOME PERIOD
OF TIME OR YOU SIMPLY SANKA A
BLANKET TOLLING IT'S AN
APPROPRIATE. WE DON'T HAVE ANY
OPPOSITION TO DEAL WITH TYPICAL
LEON STATURE LIMITATIONS THAT
INCLUDES A DISCOVERY PERIOD AS
YOU AMENDED THE LAW IN TWO
THOUSAND NINETEEN TO INCLUDE
THAT THREE YEAR DISCOVERY PERIOD
FOR SEXUAL ASSAULT AND WE DON'T
HAVE ANY- CONCERNED WITH YOU
KNOW- WHAT'S ALREADY IN COMMON
LAW COURT MADE LAW IN. TERMS OF
HAVING TOTALING FOUR FIFTY FOR
EXAMPLE FRAUDULENT CONCEALMENT-
THERE'S TYPICALLY YOU KNOW STE-
YOU. DOCTOR AND THAT WILL ALLOW
COURTS TO TOLD CERTAIN CLAIMS
WHEN SOMETHING REACHES THAT
LEVEL SO THERE THERE YES THERE
THERE IS- AN APPROPRIATE WAY TO
DO IT. BUT REVIVING CLAIMS YOU
KNOW THAT GOES DECADES BACK
WITHOUT MAKING THOSE KINDS OF
SHOWING. SHOWINGS IS WHAT WHAT
CONCERNS US MOST. I FELT THAN
YOUR OPPOSITION IS BASED ON THE
PERIOD OF TIME- AND TO- AND THE-
MOUNT OF EVIDENCE THAT THAT'S
REQUIRED IT'S BASED ON I'D SAY
NUMBER ONE. REVIVING CLAIMS THEY
HAVE ALREADY EXPIRED- AND NUMBER
TWO. THE AMOUNT OF TIME GUESTS
GOING BACK THAT THERE'S STILL
CUT OFF WHATSOEVER IN THIS CAN
GO BACK DECADES. THANK YOU.
OTHER QUESTIONS FROM THE
COMMITTEE COMMENTS ALL RIGHT.
PHYSICS AGAIN THANK YOU FOR
BRINGING THIS FORWARD AND THANK
YOU FOR TAKING THE AMENDMENTS
WHAT WE'VE SEEN IN THE
LEGISLATURE OVER THE YEARS. IT'S
A BIT OF A SCATTERED APPROACH IN
SORT O CERTAIN AREAS AND ONE OF
THE THINGS THAT'S VERY IMPORTANT
ABOUT THIS BILL AND WHITE NEEDS
TO MOVE FORWARD. IS IT'S- MORE.
APPROPRIATELY BROADLY TRYING TO
TAKE IN THESE KINDS OF CASES
AND- IT IS A BIT ASTONISHING TO
. HERE THE UNDERLYING PREMISE
THE OF THE SENSE THE OPPOSITION
SAYING AS LONG AS SOMEBODY CAN
WAIT OUT HEINOUS ACTS THAT
THEY'RE GOING TO GET AWAY WITH
IT. AND WHETHER IT'S IN THE
CRIMINAL CASES WHICH WE'VE BEEN
TRYING TO DEAL WITH OR THE CIVIL
CASES WHICH IS THIS BILL. THERE
NEEDS TO BE. AND ABILITY FOR A
PARTY WHO HAS BEEN THROUGH SUCHA HEINOUS EXPERIENCE TO BRING
THAT FORWARD AND REALLY THAT'S
WHAT YOUR BILL IS ABOUT. SO I.
APPRECIATE WORKING WITH THE
COMMITTEE ON THIS AND INSURING
THAT WE ARE SETTING APPROPRIATE
STANDARDS FOR PEOPLE TO REDRESS
GRIEVANCES. WITH THAT. HE MAY
CLOSE THANK YOU MISTER CHAIR I A
WHOLE HEARTEDLY GREENHOUSE
APPRECIATE YOUR THOUGHTFULNESS
AND YOUR STAFF THOUGHTFULNESS ON
WITH SOME OF THE AMENDMENTS AND
YOU KNOW I ALSO ONE UNDERSCORE
THIS BILL DOES NOT CHANGE ANY
LEGAL STANDARD OR BURDEN OF
PROOF- WITH REGARD TO ANY CLAIM
BROUGHT BEFORE A JUDGE OR COURT-
I IT CAN. AB RIGHT WILL. VERY
MUCH CONTINUE TO WORK WITH THE
OPPOSITION I'M HAPPY TO TAKE IN
OTHER IDEAS THOUGHTS WAYS TO
MAKE THIS BILL. BETTER FROM
THEIR PERSPECTIVE BUT ALSO I
STICK TO MY- MY GOAL IN THIS
BILL IS TO PROVIDE A FORCE FOR.
FOR VICTIMS WHO EXPERIENCED- AS
YOU'VE SAID SOME HEINOUS ACTS.
AND WE HAVE TO BE ABLE TO
PROVIDE THAT KIND OF RECOURSE
ARE NUMBER ONE JOB IS AS
LEGISLATORS IS TO MAKE SURE
COMMUNITIES ARE SAFE- AND THAT
IS WHAT THIS BILL SEEKS TO DO
AND SEEKS TO MAKE SURE THAT
THERE'S A- AN AVENUE FOR
JUSTICE- I KNOW IT'S A
COMPLICATED POLICY BUT- I PLAN
TO WORK WITH OPPOSITION TO WORK
WITH FOLKESTONE COMMITTEE IF
ANYONE HAS ANY OTHER THOUGHTS OR
QUESTIONS HAPPY TO TAKE THEM.
BUT RESPECTFULLY ASK FOR AN AYE
VOTE. THANK YOU VERY MUCH RECENT
THAT I WILL TAKE A MOTION. BUT
THE- THANK YOU. AND I SECOND
THAT THAT MOTION IS TO PASS AS
AMENDED CO WROTE PLEASE STONE.
AYE STONE AYE CUNNINGHAM.
CUNNINGHAM AYE DAVIES. KALRA
KILEY. MAIENSCHEIN MAINTAIN AYE
REYES RIVAS BLOOM M. I. CREA.
THE BILL NEEDS TO MORE SOMEONE
TO PUT IT ON CALL THANK YOU
THANK YOU AND OUR FINAL BILL
TODAY ITEM NUMBER SIX AB TWENTY
FOUR OH EIGHT MISTER CUNNINGHAM
ANIMIZ WICKS. THANK YOU. THANK
YOU.
OKAY YEAH. THIRTY RIGHT GOOD
MORNING THANK YOU MISTER CHAIR
BIRDS I HERE TODAY PRESENT A
TWENTY OH EIGHT AND I'D LIKE TO
START BY THE STAFF FURTHER HARD
WORK ON REFINING THIS BILL AND
HE SAID ANALYSIS I THOUGHT IT
WAS FINE WORK AND I REALLY
APPRECIATE IT AND I'LL GIVE THEM
EDMUNDS WE ARE THAT WE ARE
ACCEPTING NEW MEMBERS THANK YOU
THANK YOU AND I'LL BE PRISON THE
BILL TODAY AS AMENDED THOSE WITH
REFERENCE TO THE- AMENDED
VERSION. AFTER THE FACEBOOK
WHISTLEBLOWER TESTIMONY LAST
FALL. AND A PROMINENT FEDERAL
COURT CASE THAT CAME DOWN.
RECENTLY WE NOW KNOW THAT
CERTAIN SOCIAL MEDIA COMPANIES
AND PLATFORMS HAVE BEEN
DESIGNING THEIR PRODUCTS TO
THEIR CHILDREN. IN FACT THIS IS
THEIR VERY BUSINESS MODEL- THE
REVENUE DEPENDS ON USER
ENGAGEMENT ANYTHING THAT CREATES
AND ENHANCES YOUR USER
ENGAGEMENT WHETHER IT'S A MINOR
OR AN ADULT- MAKES THE MORE
MONEY. SO IT SHOULDN'T BE
SURPRISED THAT THEY HAVE.
EMPLOYED NEUROSCIENTISTS TO HELP
DESIGN ALGORITHMS THAT CREATE
MORE MORE EXCESSIVE USE. AND
THAT NEEDS TO CHANGE BECAUSE THE
RESULTS HAVE BEEN TERRIBLE FOR
KIDS HIGHER RATES OF ANXIETY
EATING DISORDERS BODY IMAGE
ISSUES DEPRESSION LONELINESS
THESE ARE SOME OF THE THINGS
THAT WE'VE SEEN COME OUT OF
SOCIAL MEDIA IS NOW IT'S NOT ALL
BAD I'M NOT SITTING HERE TELLING
YOU THAT. EVERY CHILD HAS A
NEGATIVE EXPERIENCE WITH THE
SOCIAL MEDIA APP THAT'S NOT THE
CASE BUT A SIGNIFICANT PORTION
ACCORDING TO META FACEBOOK'S OWN
DATA FROM THE WHISTLEBLOWER
TESTIMONY. THEY ESTIMATED ABOUT
12% OF KIDS HAVE. EARNS OF
EXCESSIVE USE MEANING. I AM
USING THIS AND I WANT TO STOP
AND I CANNOT. AND MANIFESTED
HARM INCLUDING. THE AFTER
MENTIONED ISSUES LIKE EATING
DISORDERS. DEPRESSION LONELINESS
AT CENTER. 6% OF AMERICAN TEEN
USERS TRACE THE DESIRE TO KILL
THEMSELVES TO INSTAGRAM. THIS IS
FROM FACEBOOK'S ON RESEARCH DAY
MANY OF THE TEENS HAVE AN
ADDICT'S NARRATIVE ABOUT THEIR
USE AGAIN FROM FACEBOOK'S ON
RESEARCH. LASTLY QUOTE WE MAKE
BODY IMAGE ISSUES WORSE FOR ONE
AND THREE TEEN GIRLS. AGAIN FROM
THEIR OWN INTERNAL RESEARCH WE
NEED TO CHANGE THE INCENTIVE
STRUCTURE. AND THAT'S WHAT THIS
BILL WOULD DO. SIMPLY PUT IF
YOU'RE GOING TO CREATE A PRODUCT
THAT YOU KNOW CHILDREN ARE GOING
TO USE. YOU SHOULD AND MUST
DESIGN IN A WAY THAT DOESN'T
RESULT IN KIDS HAVING TO SEEK
PSYCHIATRIC HELP AS A RESULT OF
THAT USE. THAT'S WHAT WE'RE
TRYING TO DO THAT'S THE
OBJECTIVE NOW HOW DO WE DO THAT.
AB TWENTY FOUR EIGHT DOES THREE
IMPORTANT THINGS THAT HAVE NOT
BEEN DONE IN LAW ANYWHERE IN
AMERICA YET TODAY. FIRST HE
CLARIFIED THAT SOCIAL MEDIA
COMPANIES HAVE A DUTY. NOT TO
ADDICT CHILDREN AND BECAUSE THE
MARK. SECOND THE BILL CLARIFIES
THAT NEGLIGENCE SUITS ARE
AVAILABLE WITH CIVIL PENALTIES
POSSIBLE IN A CASE WHERE THERE
IS PROVEN HARM TO MINORS AS A
RESULT OF ADDICTIVE FEATURES.
THAT HAVE BEEN PUT INTO THE
PRODUCT. AND THIRD AND THIS IS
IMPORTANT. TO CREATE SAFE
HARBORS FOR COMPANIES TO DO THE
RIGHT THING BECAUSE WHAT WE'RE
AFTER HERE WITH THIS BILL. IS
COMPLIANCE AND PROTECTION OF
KIDS. NOT PUNISHMENT. SAFE
HARBOR NUMBER ONE SAYS IF IN THE
FIRST THREE MONTHS AFTER THE
BILL TAKES EFFECT. A COMPANY
DISABLES FEATURES THAT ARE
ADDICTING. OR DETECTIVE THEY ARE
NOT LIABLE FOR ANY PAST PAST ARM
COST. SECOND SAFE HARBOR NUMBER
TWO SAYS OF A COMPANY FINDS THAT
A NEW FEATURE HAPPENS TO BE
ADDICTIVE. AND DISABLES IT
WITHIN THIRTY DAYS IT ALSO
CANNOT BE LIABLE. AB TWENTY FOUR
EIGHT SIX TO GIVE PARENTS A
REMEDY TO RECOVER THE COST OF
DAMAGES DONE TO THEIR CHILDREN
BY SOCIAL MEDIA ADDICTION. AND
CREATES A MECHANISM TO FINALLY
INCENTIVIZE THE SOCIAL MEDIA
COMPANIES. BY THE WAY ONLY OF A
CERTAIN LARGE LARGE SIZE BECAUSE
WE'RE NOT AFTER START UPS HERE.
HOW TO DO THE RIGHT THING. AGAIN
PUNISHMENTS NOT THE GOAL BUT
INCREASINGLY SOCIAL MEDIA AS
PART OF OUR TEENS INTERACT WITH
THE WORLD. I KEEP IN TOUCH WITH
MY FRIENDS IS A- I GUESS MIDDLE
AGE MAN NOW. WITH TEXT MESSAGE
STRINGS AND SIGNAL. MY KIDS KEEP
IN TOUCH WITH THEIR FRIENDS WITH
TICTOC A SNAPCHAT. IT'S THE WAY
THE WORLD ESPECIALLY WHEN OUR
KIDS JUST WENT THROUGH A LONG
PERIOD OF SOCIAL ISOLATION IT
WAS IMPORTANT TOOL TO KEEP IN
TOUCH WITH THEIR FRIENDS. AND
WE'RE NOT TELLING THE COMPANIES
THAT YOU CAN'T LET KIDS ON THE
PLATFORM YOU'RE PROBABLY GONNA
HEAR FROM SOME OF THE WITNESSES
WE'RE GONNA KICK ARC ALL THE
KIDS OFTEN NOBODY'S GONNA BE
ABLE. NONSENSE THIS BILL DOES
NOT TELL A SINGLE COMPANY WHO
CAN BE THEY CAN HAVE A TWO YEAR
OLD ON OUR PLATFORMS THAT BLACK
IT SIMPLY SAYS YOU CANNOT. USE
AN ALGORITHM. THAT YOU KNOW IS
CAUSING ADDICTION. AND HARM KIDS
AND AGAIN THE CAUSE OF ACTION IS
LIMITED WHERE THERE IS PROVEN
HARM AND THAT'S AN IMPORTANT
QUALIFIER. WITH ME TO TEST FIND
SUPPORT TODAY'S LARISSA MAY
FOUNDER OF HALF THE STORY- WHICH
IS A NONPROFIT DEDICATED
CHANGING TEAMS RELATIONSHIPS
SOCIAL MEDIA. UP AND GET MY KIDS
SIGN UP. AND DR RICHARD FREED A
PSYCHOLOGIST WHOSE AREA OF FOCUS
IS THE TECH INDUSTRY'S USE OF
PERSUASIVE DESIGN HOW THAT
AFFECTS CHILDREN'S HEALTH. THANK
YOU. THANK YOU THE SPECS THANK
YOU MISTER CHAIR- WANT TO THANK
OUR LEAD AUTHOR HERE ON THIS
BILL FOR BRINGING THIS FORWARD
YOU KNOW AND I COME HERE AS A
JOINT AUTHOR BUT ALSO AS A MOM A
MOM OF A FIVE YEAR OLD IN A
ALMOST TWO YEAR OLD LITTLE GIRL.
WHO ARE GROWING UP IN A VERY
DIFFERENT TIME THAN WHEN I GREW
UP IN WE GREW UP IN THE
PRESSURES THAT ARE GONNA BE ON.
THOSE TWO LITTLE GIRLS AS THEY
BECOME OF AGE AND TRY TO
UNDERSTAND THEIR PLACE IN THE
WORLD IN AN ENVIRONMENT OF
INSTAGRAM YOU KNOW FACEBOOK AND
ALL THE OTHER APPLICATIONS AND
REALLY FACEBOOK'S OWN. DATA
INTERNAL RESEARCH SPEAKS FOR THE
REASON WHY WE NEED TO HAVE THESE
TYPES OF PROTECTIONS OF THIS
KIND OF RECOURSE IN THIS
ENVIRONMENT WORLD IN WHICH WE
ARE LIVING. UP THEIR OWN DATA
SHOWS THE NEGATIVE IMPLICATIONS
OF CONSISTENT CONSTANT USE OF
SOCIAL MEDIA THEY UNDERSTAND THE
ADDICTIVE BEHAVIOR OF THEIR
PRODUCTS THEY UNDERSTAND HOW
THEIR PRODUCTS CAN- WE'RE
SEVERELY IMPACT YOUNG. PEOPLE'S
SELF ESTEEM THAT THESE YOUNG
PEOPLE'S MINDS ARE NOT FULLY
DEVELOPED AND THEIR ABILITY TO-
SORT OR PUSH BACK ON SOME OF THE
NEGATIVE IMAGERY- IS VERY
DIFFICULT AND CHALLENGING AND SO
I'M A BI PROUD JORDAN JOIN
AUTHOR OF THIS BILL WE NEED THIS
IT IS OUR MORAL RESPONSIBILITY
TO ENSURE. THAT OUR KIDS WHO ARE
USING THESE PLATFORMS ARE SAFE-
IT'S THE RESPONSIBILITY THESE
COMPANIES TO ENSURE THAT AND
IT'S ART MY HOPE WITH THIS BILL
WE WILL GET THEM INTO A BETTER
PLACE TO BE ABLE TO TAKE THAT
KIND OF ACTION AND HOLD- THESE
COMPANIES ACCOUNTABLE AND
CREATED A REGULATORY ENVIRONMENT
WHERE. THEY CAN TO CONTINUE TO.
DO THEIR BUSINESS BUT DO SO IN A
WAY THAT KEEPS OUR CHILDREN SAFE
SO WITH THAT AND I WOULD
RESPECTFULLY ASK FOR AN AYE
VOTE. THANK YOU VERY FIRST
WITNESS PLEASE. THANK YOU CHAIR
SOUND FOR ALLOWING ME TO SPEAK
TODAY AND THANK YOU ASSEMBLY
MEMBERS CUNNINGHAM AND WICKS FOR
YOUR- REMARKABLE LEADERSHIP ON
THIS ISSUE. MY NAME IS DR
RICHARD FREED AND I WROTE THE
FIRST MAJOR MEDIA ARTICLE ABOUT
THIS. ABOUT THE SOCIAL MEDIA
INDUSTRIES USE OF PERSUASIVE
DESIGN THAT THESE POWERFUL
BEHAVIORAL PSYCHOLOGY TECHNIQUES
WHICH POLL KIDS ON TO- THEIR
PLATFORMS AND- ESSENTIALLY NOT
LET THEM GO AND HOW THAT'S
CONTRIBUTING. TO A GENERATION OF
KIDS WHO ARE STRUGGLING WITH
DEPRESSION. SUICIDALITY AND SELF
INJURY BUT MOSTLY I AM A
CLINICIAN DAY IN AND DAY OUT
WORKING WITH FAMILIES. WHO ARE
EXPERIENCING- THIS THIS NATIONAL
TRAGEDY I AM I GET TO WATCH THAT
UNFOLD AMONG AND THIS TRAGEDY IN
IN MY OFFICE NEARLY EVERY DAY.
THE PROBLEM IS THAT SOCIAL MEDIA
SITES USES POWERFUL. BEHAVIORAL
SCIENCE OF PERSUASIVE DESIGN
WHICH WAS DEVELOPED AT STANFORD
UNIVERSITY THE USES VERY
POWERFUL TOOL AND IT EXPLOITS
YOUNG PEOPLE'S. OUR
DEVELOPMENTAL AND NEUROLOGICAL
VULNERABILITIES PRETEENS TEEN
GIRLS ARE REMARKABLY SENSITIVE
THEY CAN'T HELP BUT THEY'RE BORN
THAT WAY- TO BE I HAVE A FEAR OF
SOCIAL REJECTION AND THESE
COMPANIES UNFORTUNATELY EXPLOIT
THAT TO USE THAT TO PULL KIDS ON
TO- THEIR SITES AND KEEP THEM
THERE. AND THE THAT THE FOUNDER
OR THE OF THE SCIENCE OF
PERSUASIVE DESIGN HIMSELF SAID
THAT THE THAT USING. PERSUASIVE
DESIGN IN THAT WAY IS UNETHICAL.
IT'S NOT OKAY. FACEBOOK
WHISTLEBLOWER FRANCIS HOW CAN
EXPLAINS THAT WHEN KIDS USE
INSTAGRAM THEIR INTERNAL-
DOCUMENTS TALK ABOUT HOW IT'S A
IN ATTICS NARRATIVE KIDS USE OF
INSTAGRAM IS DESCRIBED WITHIN
THE COMPANY AS AN ADDICT'S
NARRATIVE AND THAT'S WHAT I SEE
PLAY OUT IN IN MY PRACTICE- IT
IS KIDS. CAN SUFFER THE GRAVEST
CONSEQUENCES THEY CAN BE-
DEPRESSED THEY CAN BE CUTTING UP
THEIR ARMS- THEY THEY KNOW THAT
IT'S- THEY KNOW THE SOCIAL MEDIA
PLATFORMS ARE NOT HEALTHY FOR
THEM- THEIR PARENTS KNOW THAT
BUT NOBODY CAN STOP IT THE KIDS
CAN'T GO TO GET OFF THE SITES
AND THAT PARENTS CAN'T. GET GET
THESE KIDS OFF THE SITES IF IT
IS TRULY AN ADDICT'S NARRATIVE-
THE PARENTS THAT I WORK WITH AND
EVEN THE KIDS ARE ASKING THAT
THAT SOMETHING BE DONE. I
THEREFORE URGE YOUR SUPPORT ON-
AB TWO FOUR ZERO EIGHT
CUNNINGHAM AND WICKS. THANK YOU
VERY MUCH. THANK YOU THAT'S WITH
US PLEASE. THANK YOU FOR YOUR
COMPREHENSIVE ANALYSIS AND FOR
LISTENING TO MY STORY TODAY. MY
NAME IS LARISSA MAY I AM A
DIGITAL WELLNESS ACTIVIST AND
THE FOUNDER OF AN ORGANIZATION
CALLED HALF THE STORY. I'VE
SPENT THE LAST SEVEN YEARS OF MY
LIFE SIR IS IT SERVING THOUSANDS
OF STUDENTS AROUND THE UNITED
STATES WHO BEEN NEGATIVELY
IMPACTED BY SOCIAL MEDIA. I
REMEMBER THE DAY I GOT MY FIRST
SMARTPHONE. I DOWNLOADED
INSTAGRAM LIKE A MOTH TO A FLAME
I HAD A FEELING THAT I WOULD
NEVER BE ALONE AGAIN. MY BRAIN
WAS NEVER THE SAME. IN COLLEGE
AS MY FRIEND'S PARTY DOWN THE
HALLWAY. I ISOLATED MYSELF IN MY
DORM ROOM. I TOOK HITS FROM
SOCIAL MEDIA. IT WAS MY DRUG OF
CHOICE. I SPENT TEN TO TWELVE
HOURS A DAY SEEKING THE DOPAMINE
HEAD THE FALSE SENSE OF
CONNECTION FRIENDSHIP AND
ACCEPTANCE. IN REALITY I WAS
LOST IN A SEA OF FACES. I WOULD
NEVER ATTAIN. THE LOOKS OF THE
WOMAN THAT I ASPIRED TO BE. AND
THE MORE THAT I SUFFERED. THE
MORE CONTENT AND FLOODED MY FEED
REMINDING ME OF WHAT I WOULD
NEVER LOOK LIKE. AFTER TWO YEARS
OF ADDICTION LIKE ANY SUBSTANCE
ABUSE THE LINES BETWEEN REALITY
BLURRED. I WAS DRAGGED ACROSS
CAMPUS BY MY RA I WAS STUDIO
SUICIDAL. THIS WAS A MATTER OF
LIFE AND DEATH. UNFORTUNATELY MY
STORY IS THE STORY A MILLIONS OF
YOUNG PEOPLE AROUND THE UNITED
STATES TODAY. BUT IT DOESN'T
HAVE TO BE THIS WAY. I AM PRO
TECHNOLOGY I'VE DEVOTED MY LIFE
TO HELPING TEENS IN PICKING UP
THE PIECES OF THE ADDICTION AND
THE ON ROB YOU ON REGULATED
ALGORITHMS. BUT WE NEED YOUR
HELP. WE HAVE SEAT BELTS IN CARS
WE HAVE CONDOMS FOR SEX YES WE
HAVE NO SAFETY IN THE PLACE THAT
THE AVERAGE AMERICAN TEEN IS
SPENDING BETWEEN SEVEN AND A
HALF IN EIGHT HOURS A DAY.
COMMITTEE IT IS CLEAR THE
PROFITS OF THESE COMPANIES ARE
HINGED ON THE UNREGULATED AND
WEAPONIZED ALGORITHMS. HOW MUCH
IS YOUR CHILDREN'S MENTAL HEALTH
WORTH TO YOU. PLEASE ASK YOUR
SUPPORT FOR THIS BILL. FOR MY
CHILDREN MY GRANDCHILDREN AND
THE GENERATIONS TO COME. THANK
YOU RIGHT IS THERE ANYONE IN
HEARING ROOM WHO WOULD LIKE TO
INDICATE SUPPORT FOR A BI TWENTY
FOUR OH EIGHT. AT THIS POINT WE
WILL TAKE FURTHER TESTIMONY BUT
NAME AFFILIATION AND SUPPORT.
CAN STONE STONE ADVOCACY ON
BEHALF OF THE CHILDREN'S
ADVOCACY INSTITUTE PROUD CO
SPONSOR IN SUPPORT THANK YOU.
MARVIN BEYOND COMMON SENSE MEDIA
A PROUD CO SPONSOR AND PARENTS
IN SUPPORT. THANK YOU ANYONE
ELSE. RISING NON OPERATOR WOULD
YOU OVER THE LINE FOR ANYONE WHO
WOULD LIKE TO INDICATE SUPPORT
FOR AB TWENTY FOUR OH EIGHT.
THANK YOU IF YOU ARE IN SUPPORT
OF AB TWENTY FOUR OH EIGHT
PLEASE PRESS ONE FOLLOWED BY
ZERO AT THIS TIME WHEN FILED BY
ZERO. ONE FIFTY THREE PLEASE GO
AHEAD. BOB GOOD MORNING MISTER
TURNER MEMBER CAP AGAIN OFTEN
REPRESENTING THE AMERICAN
ASSOCIATION OF UNIVERSITY WOMEN
CALIFORNIA. IN STRONG SUPPORT.
BY TWENTY TWO PLEASE GO AHEAD.
GOOD MORNING MR CHAIRMAN BURE'S
COMMA BUT THEN DIRECTOR OF STATE
POLICY A PUBLIC HEALTH ADVOCATES
CALLING IN SUPPORT THANK YOU.
FIND TWENTY ONE YOU ARE OPEN.
GOOD MORNING REBECCA GONZALEZ
WITH THE NATIONAL ASSOCIATION OF
SOCIALWORKERS CALIFORNIA
CHAPTER IN SUPPORT. ONE FIFTY
EIGHT PLEASE GO AHEAD. MY NAME
IS TO HELP THE CLIENT AND I'M
BROUGHT MY SON TO BE KIND OF FUN
YEAH- ON BEHALF OF MYSELF AND MY
CHILD I STARTED. EIGHTY TWO ZERO
EIGHT THANK YOU. I TWENTY YOU
ARE UP. MY NAME IS WIMBERLEY
BASKIN ON BEHALF OF JUST A FEW
JOBS COALITION IS SACRAMENTO WE
STRONGLY ENCOURAGE AN AYE VOTE
ON EIGHTY. FOUR ZERO EIGHT.
PLEASE GO AHEAD FIFTY SEVEN.
DANIEL GOOD CARE OF THEM BEHALF
OF THE CONSUMER FEDERATION OF
CALIFORNIA IN SUPPORT. THE FINAL
REMINDER IF YOU WOULD LIKE TO
TESTIFY IN SUPPORT FOR AB TWENTY
FOUR OH EIGHT PLEASE PRESS ONE
ZERO AND WE WERE LIKE FIFTY SIX
. YOU'RE WELCOME HERE TO STUDY
AND I STRONGLY SUPPORT THE BILL
. I AND LINE FIFTY FIVE YOU ARE
OPEN. HI THIS IS IN REYNOLDS
FOUNDER OF LOOK AT THAT LET IN
OAKLAND CALIFORNIA AND WITH
HUNDREDS OF YOUTH ADVOCATE I
STRONGLY SUPPORT TWENTY FOUR OH
EIGHT. THANK THIRTEEN PLEASE GO
AHEAD. HI MY NAME IS SAMANTHA
CARPENTER I'M FROM BERKELEY
CALIFORNIA AND I STRONGLY
SUPPORT AB. TWENTY FOUR OH
EIGHT. AND MISTER CHAIR THERE
ARE NO OTHER PARTICIPANTS QUEUED
UP. ALL RIGHT THANK YOU OPERATOR
WE'LL NOW MOVE TO OPPOSITION I
HAVE TO. OPPOSITION WITNESSES
LISTED TYLER SMITH AND DYLAN
HOFFMAN BOTH HERE IN THE ROOM SO
IF YOU COULD LET THEM BE AT THE
TABLE. BECAUSE.
THANK YOU MR CHAIRMAN MEMBERS
UNTIL HOFFMAN WITH TECHNET AND
WE ARE STRONGLY OPPOSED TO AB
TWENTY FOUR OH EIGHT- AND WHILE
THIS DEALS WITH AN INCREDIBLY
INCREDIBLY IMPORTANT AND COMPLEX
ISSUE- WE BELIEVE THIS BILL IS
DEEPLY FLAWED- AND OF TO HAVE
NUMEROUS CONSEQUENCES FOR SOCIAL
MEDIA PLATFORMS BUT ALSO FOR
CHILDREN ONLINE. WE TAKE THIS
ISSUE VERY SERIOUSLY OUR
PLATFORMS HAVE STUDIED-
ARTIFACTS ON ADOLESCENTS IN
ORDER TO TRY TO LIMIT THOSE
NEGATIVE IMPACTS- WE'RE ALSO
WORKING WITH THE LEGISLATURE ON
SEVERAL OTHER BILLS THAT ADDRESS
THIS ISSUE- WE THINK MORE
PRODUCTIVELY THAN THIS BILL-
FIRST I JUST WANT TO SAY THIS
BILL RAISES SERIOUS
CONSTITUTIONAL CONCERNS- I CAN
ONLY BRIEFLY TOUCH ON SOME OF
THOSE BUT TO THE- WEEK WE
BELIEVE IT INFRINGES ON
PLATFORMS EDITORIAL DISCRETION-
WHICH IS PROTECTED SPEECH- AND
ALSO WOULD IMPOSE A SUBSTANTIAL
CHILLING EFFECT ON LAWFUL
pAMENDMENT CASE LAW ON THIS TOPIC
WE BELIEVE THIS BILL WOULD BE-
AND EXPENSIVE TAXPAYER FUNDED
CASE THAT ULTIMATELY THE STATE
OF CALIFORNIA WILL LOSE- TURNING
TO THE SUBSTANCE THOUGH. I
THINK- THE BILL MIS
CHARACTERIZES I THINK THE STATE
OF THE BODY OF RESEARCH ABOUT
THIS BILL- NOTABLY THAT- THERE
IS A DIRECT CAUSAL LINK BETWEEN
SOCIAL MEDIA AND DEPRESSION
ADOLESCENCE UNDOUBTEDLY IT IS
TRUE THAT THERE IS A LINK
BETWEEN SOME POPULATION OF OUR
USERS THAT HAVE A NEGATIVE
IMPACT- FROM USING SOCIAL MEDIA
IT IS ALSO UNDOUBTEDLY TRUE THAT
THERE ARE SOME THAT HAVE A
POSITIVE IMPACT HOWEVER THIS
BILLS LIABILITY- A- BURDENS. ALL
OF THAT LEGAL LIABILITY ON
SOCIAL MEDIA FOR THE CAUSATION
OF THOSE HARMS- AND BECAUSE THE
BAR TO SHOW ADDICTION TO THIS
BILL SO LOW. APPOINTED SIMPLY
HAS TO SHOW THAT A CHILD USE
SOCIAL SOCIAL MEDIA WAS
ADDICTED. AND SOME HARM BEFELL
THEM IN ORDER TO SHIFT THE
BURDEN OF PROOF TO OUR
PLATFORMS. WE MUST THEN PROVE
NOT ONLY THAT WE DID NOT CAUSE
THE HARM- BUT THAT WE DIDN'T
EXACERBATED AND ANYWAY- I THINK
PROVEN THAT NEGATIVE WILL BE
EXCEEDINGLY DIFFICULT FOR ANY
DEFENDANT- THE PENALTIES IN
LIABILITY THIS BOAT BILL
IMPOSES- ARE EXCESSIVE IT WILL
LEAD TO FEWER SOCIAL MEDIA
PLATFORMS ONLINE SPACE FOR
ADOLESCENTS AND FULL STOP. NO
COMPANY CAN SHOULDER THIS LEVEL
OF LEGAL RISK AND LIABILITY I
THINK I MADE A CONSERVATIVE BACK
THE ENVELOPE ESTIMATE. I THINK
ONE CLASS ACTION CASE- COULD.
SEE PENALTIES IN THE REALM OF
HALF A BILLION DOLLARS I DON'T
THINK THERE'S ANY PLATFORM THAT
CAN STOMACH THAT TYPE OF
LIABILITY. I THINK- IT'S NOT
HYPERBOLE TO SAY SOCIAL MEDIA
WON'T EXIST FOR KIDS UNDER
EIGHTEEN CALIFORNIA IF THIS BILL
PASSES- FINALLY SHIPPED INTO THE
AMENDMENTS YOU KNOW I THINK
BECAUSE OF THE BURDEN SHIFTING
I'D- NEED TO REVIEW THE
AMENDMENTS IN CONTEXT- BUT- IF
THE BURDEN SHIFTING PROVISION IN
THE BILL. IS STILL IN THERE I
THINK THE PRACTICAL. PRACTICAL
EFFECT MEANS THAT. OF THE
PLAINTIFFS STILL JUST HAS TO
SHOW- ADDICTION IN ORDER TO-
MOVE THE CASE FORWARD THEY DON'T
HAVE TO SHOW CAUSATION AS YOU
NORMALLY WOULD AND A NEGLIGENCE
CASE- ADDITIONALLY I THINK THE
RETROACTIVITY PIECE IS STILL- IN
PLACE. MEANING THAT PARENTS CAN
SUE FOR HARMS FROM WELL BEFORE
THIS THIS BILL IS ENACTED WHICH
I THINK NOT ONLY IS A PENS-
TRADITIONS OF FAIRNESS IN
AMERICAN JURISPRUDENCE BUT- ALSO
CREATES AN INCENTIVE TO DELAY.
YOUR LAWSUIT- AND AGAIN. JUST
WANT TO SAY THERE ARE OTHER
BILLS THAT SEEK TO PROTECT KIDS
ONLINE- AND THERE ARE OTHER
BILLS THAT WOULD HOLD SOCIAL
MEDIA CAP COMPANIES ACCOUNTABLE-
WE DON'T BELIEVE THIS BILL IS A
NARROWLY TERREL. TAILORED
SOLUTION TO IT WHAT BEGAN IS
INCREDIBLY IMPORTANT BUT
INCREDIBLY. COMPLEX PROBLEM-
THANK YOU YOU. THANK YOU THAT'S
WITH THAT'S WITH. GOOD AFTERNOON
MR CHAIRMAN I'M HERE TODAY ON
BEHALF OF CHAMBER PROGRESS A
CENTER LEFT TECHNICIAN
ASSOCIATION THAT WORKS TO ENSURE
THAT ALL AMERICANS BENEFIT FROM
TECHNOLOGICAL LEAPS OUR
CORPORATE PARTNERS INCLUDE
COMPANIES LIKE MEDICAL GOING
TWITTER YET NONE OF OUR PARTNERS
HAVE A VOTE OR VETO ANY OF OUR
POSITIONS. ONE OF OUR
ORGANIZATIONS TOP PRIORITIES IS
TO PRO SAFE AND HEALTHY ONLINE
COMMUNITIES AND WE NOTICED
COMMITTEE SHARES THAT GOAL
SOCIAL MEDIA LIKE MANY
TECHNOLOGIES TO BE USED FOR GOOD
OR FOR ILL. IN MANY LEADING
SERVICES HAVE TAKEN STEPS TO
PROMOTE KIDS POSITIVE USE FOR
THEIR SERVICES FOR EXAMPLE
YOUTUBE KIDS PROVIDE SECURITY
EXPERIENCE FOR YOUNGER KIDS
USING A COMBINATION OF
ALGORITHMS TO MANGLE CARE
RATIONS TO MAKE SURE IT ONLY
SHOWS CHILD APPROPRIATE VIDEOS.
LAST YEAR INSTAGRAM ANNOUNCED
THAT IT WILL ROLL OUT NEW
SETTINGS THAT GIVE TEENS AND
PARENTS MORE CONTROL OVER UPS
AND CONTENT. INSTAGRAM TODAY
STEERS TEAMS WERE SEARCHING FOR
THIS ORDER IN TOPICS FOR HELPFUL
SUPPORT RESOURCES. TWITTER
ANNOUNCED SAFETY WHICH
TEMPORARILY BLOCKED ACCOUNTS FOR
IF SEVEN DAYS FOR USING
POTENTIALLY HARMFUL LANGUAGE.
SUCH AS INSULTS ARE HEY FOR
MARKS ARE SENDING REPETITIVE OR
ANYBODY REPLIES OR MENTIONS.
WHAT LEGISLATION AS WELL
INTENTIONED IT CAN ACTUALLY
WORSEN EXPERIENCE FOR KIDS
ONLINE BY THREATENING IMPORTANT
SUPPORT NETWORKS LET ME ACCESS
TO CONTENT THAT IMPORTANT AS PER
FOR KIDS HEALTH AND WELLBEING IN
DRIVING KIDS TO SERVICES THAT
MAY LACK THE SAFEGUARDS IN
PLACE. AND COVERED BY THE
SERVICES. THROUGHOUT THE
PANDEMIC WHEN MANY KIDS WERE
CONFINED AT HOME LEARNING SOCIAL
MEDIA GAVE THEM THE OPPORTUNITY
CONNECT WITH FRIENDS RELATIVES
AND TEACHERS. BY INCREASING
PLATFORMS LEGAL LIABILITY FOR
CONTENT ONLINE THIS BILL CAN
PROP SERVICES TO CRACK DOWN ON
THE AVAILABILITY OF CONTENT THAT
CAN PLAY A POSITIVE ROLE FOR
KIDS AND TEENS SUCH AS POSITIVE
INFORMATION ABOUT HEALTHY
EATING. EDUCATION ABOUT RACE
RELATIONS SOCIAL JUSTICE AND
INFORMATION ON GUN SAFETY.
FINALLY WHILE LARGE SOCIAL MEDIA
COMPANIES HAVE DONE ESSENTIAL
WORK TO MAKE SAFER SPACES FOR
KIDS AND TEENS AND DEVOTE
MILLIONS OF DOLLARS EACH YEAR TO
ONLINE CONTENT MODERATION. MANY
SMALLER SERVICES HAVE NOT.
BECAUSE THIS LEGISLATION ONLY
APPLIES TO SERVICES WITH MORE
THAN A HUNDRED MILLION IN ANNUAL
REVENUE THIS LEGISLATION COULD
DRIVE KIDS AWAY FROM BIG FLAP
PLATFORMS. AND LEAVE THEM
INSTEAD TO SMARTER LESS
RESPONSIBLE PLATFORMS NOT
COVERED BY THIS BILL. SUCH A
SIGNAL. FURTHERMORE THIS BILL
EXEMPTED FOR A QUICK MESSAGES
APPS MAKE IT EVEN MORE DIFFICULT
FOR PARENTS TO HAVE VISIBILITY
INTO WHAT THEIR CHILDREN ARE
DOING ONLINE. OVERALL THESE
BILLS RESTRICTION COULD END UP
DRIVING KIDS AWAY FROM THE VERY
SERVICES HAVEN'T INVESTED THE
MOST RESOURCES AND PROTECTING A
YOUNG USERS. WE SHARE YOUR GOAL
OF PROTECTING KIDS ONLINE YET WE
WORRY THIS BILL WOULD EXPOSE
KIDS TO A MORE UNSAFE
ENVIRONMENT REDUCE KIDS ABILITY
TO COMMUNICATE SHARE AND CONNECT
TO EACH OTHER AND THE BROADER
WORLD. WE AGREE THAT UNHEALTHY
CONTENT FOR KIDS IS A REAL
PROBLEM WITH IT LIKE TO WORK
WITH THE COMMITTEE ON A MORE
TARGETED APPROACH IN AB TWENTY
FOUR EIGHT THAT AIMS AT THE
HARMS OF SOCIAL MEDIA WHILE ALSO
PRESERVING ITS VITAL BENEFITS.
THANK YOU. THANK YOU. ALL RIGHT
ARE THERE OTHERS IN THE ROOM WHO
WOULD LIKE TO INDICATE
OPPOSITION TO AB TWENTY FOUR OH
EIGHT. C. NONE OPERATOR WOULD
YOU OPEN THE LINES FOR
OPPOSITION TO AB TWENTY FOUR OH
EIGHT WE WILL NOT TAKE FURTHER
TESTIMONY BUT NAME AFFILIATION
AND OPPOSITION TO THE BILL. SURE
IF YOU ARE AN OPPOSITION TO AB
TWENTY FOUR OH EIGHT THE PRESS
ONE ZERO AT THIS TIME ONE FILED
BY ZERO. IF YOU ARE AN
OPPOSITION TO AB TWENTY FOUR
ZERO EIGHT. ONE MOMENT MISTER
CHAIR.
AND AS A REMINDER IF YOU ARE IN
OPPOSITION TO AB TWENTY FOUR
WEEK PLEASE PRESS ONE FOLLOWED
BY ZERO. AND WE DO HAVE ONE
QUEUING UP WITH AN OPERATOR ONE
MOMENT.
WHAT ELSE ARE PLEASE TAKE THIS
OPPORTUNITY PRESS ONE FOLLOWED
BY ZERO NINE THIRTY EIGHT YOU
ARE OPEN. HI THERE RYAN WITH THE
ENTERTAINMENT SOFTWARE
ASSOCIATION WHILE WE STRONGLY
BELIEVE IN PROTECTING KIDS
ONLINE WE OPPOSE AB TWO FOUR OH
EIGHT. AND MISTER CHAIR NOBODY
ELSE QUEUED UP. ALL RIGHT THANK
YOU ARE PRETTY MAKE CLOSE
ALLIANCE AND I'LL BRING IT BACK
TO THE COMMITTEE FOR QUESTIONS
OR COMMENTS. MISS DAVIS THANK
YOU MISTER CHAIR- TO THE
AUTHORED THE OPPOSITION STATES
THAT THEY FIND THIS MEASURE
UNCONSTITUTIONAL CAN YOU SPEAK
AS TO BELIEVE THAT THIS BILL WAS
DANCE CONSTITUTION MUSTER. YES
AND THANK YOU FOR THE QUESTION I
THINK. THAT THE COURTS WILL FIND
THIS BOOK CONSTITUTIONAL- AND
THE REASON I THINK THAT IS THERE
HAS ALREADY BEEN A TEST CASE%
BROUGHT IN THE NINTH CIRCUIT ARE
BROUGHT IN FEDERAL COURT APPEAL
TO THE NINTH CIRCUIT COURT OF
APPEALS. LEMON V. SNAPCHAT AND
THAT. DECISION CAME DOWN LAST
YEAR AND TWENTY TWENTY ONE. AND
I'LL JUST READ THE KEY PART OF
THE HOLDING THE COURT ULTIMATELY
RULED AGAINST SNAP AND WHAT
HAPPENED IS THEY INSTALLED THE
SPEEDOMETER FEATURE IN THEIR
APPLICATION. SO KIDS WERE
DRIVING AROUND AT HIGH RATES OF
SPEED AND CHALLENGING EACH OTHER
IN SPEED CONTEST USING THE
SPEEDOMETER THING AND SOME SOME
KIDS TRAGICALLY DIED. THE
PARENTS BROUGHT A LAWSUIT- SNAP
ARGUED THAT TWO THING- MAINLY
THAT SECTION TWO THIRTY- WHICH
PROVIDES FEDERAL PREEMPTION FOR.
PROTECTION FOR SOCIAL MEDIA
SITES THAT- SO THEY CAN'T BE
SUED FOR THIRD PARTY CONTENT THE
GETS POSTED. THE COURT FOUND
SECTION TWO THIRTY DIDN'T APPLY
HERE- AND THE RULING SAID IN
SHORT SNAP WAS SUED FOR THE
PREDICTABLE CONSEQUENCES OF
DESIGNING SNAPCHAT IN SUCH A
WAY. THAT IT ALLEGEDLY
ENCOURAGED DANGEROUS BEHAVIOR.
ORDAINING ACCORDINGLY THE PANEL
CONCLUDES THAT SNAP DID NOT
ENJOY IMMUNITY FROM THE SUIT
UNDER SECTION TWO THIRTY. AS TO
THE OTHER POTENTIAL COST TO
CHECK THE CONSTITUTIONAL
CHALLENGE UNDER THE FIRST
AMENDMENT. OUT WE'RE NOT
REGULATING CONTENT AT ALL.
THERE'S NOTHING IN THIS BILL
THAT SAYS THE- X. Y. Z. SOCIAL
MEDIA COMPANY. I KEEP CAN'T
ALLOW THIS TO BE POSTED OR MUST
ALLOW THAT TO BE POSTED IT. IT
SIMPLY BUILDS ON THE EXISTING
NEGLIGENCE FRAMEWORK THAT EXISTS
IN CALIFORNIA LAW HAS FOR
HUNDRED A HUNDRED PLUS YEARS.
THAT SAYS YOU CAN'T BE NEGLIGENT
IN THE PRODUCT DESIGN IN THE
FUTURE YOU IN BED IN THE PRODUCT
AND THE LIABILITY IS LIMITED TO
THOSE CIRCUMSTANCES WHERE THERE
IS. PROVEN HARM SO I
RESPECTFULLY DISAGREE WITH THE-
WITH THE STATEMENT THAT THIS IS
AN UNCONSTITUTIONAL BILL OR
SOME. TEST CASE FOR THAT'S GONNA
GET STRUCK OUT DOWN BY THE
COURTS AND IN. IF IN GENERAL
UNDER FIRST AMENDMENT YOURS
PRINCE IF THE GOVERNMENT'S NOT
TELLING SOMEBODY THEY CAN OR
CAN'T SPEAKER WITH THE CANDOR
CAN'T SAY THE FIRST AMENDMENT
ISN'T A PROBLEM AND THIS BILL
DOESN'T DO THOSE THINGS. AND WE
ALREADY HAVE A NIGHT CIRCUIT
FEDERAL CASE- THAT THIS BILL IS
MODELED AFTER- WHERE WE ARE. ON
SOLID GROUND SAYING. FEDERAL
SECTION TWO THIRTY DOES NOT
PREEMPT. WHAT THIS BILL WOULD
TRY TO DO. THANK YOU FOR ME WHEN
ONE OTHER QUESTION- THE
OPPOSITION IF THIS BILL PASSES
THE OPPOSITION'S CONCERN COULD
BE THAT POTENTIALLY CALIFORNIA'S
TO BE KICKED UP THE PLATFORM-
CAN YOU ADDRESS THIS AGAIN IS
THAT IT THE BILL. THE BILL JUST
DOESN'T SAY ANYTHING ABOUT WHO
CAN BE LED ON OR NOT BE LED ON A
PLATFORM I MEAN THEY CAN STILL
ALLOW MINORS TO USE OUR PLATFORM
UNDER THIS BILL IT JUST SAYS YOU
IF THE BILL BECOMES LAW YOU'VE
GOT THREE MONTHS TO DISABLE
ADDICTIVE FEATURES- THAT BECAUSE
KIDS ARE. AT ABBOTT AND THAT
GOES TO YOU KNOW GO AHEAD
ADDRESS THE SAFE HARBOR
RETROACTIVITY PIECE TO BECAUSE
YOUR QUESTION OF TOUCHES ON THAT
AS WELL- THE GENERAL NEGLIGENCE
STATUTE IN CALIFORNIA IS TWO
YEARS SO ANY RETROACTIVITY THAT
WOULD APPLY UNDER THE BILL IS
LIMITED TO GOING TWO YEARS BACK
ONE. TWO THEY HAVE TWO DIFFERENT
TYPES OF SAFE HARBOR UNDER THE
AMENDED VERSION OF THE BILL-
THEY'VE GOT THREE MONTHS FROM
DATE OF ENACTMENT AND ANY NEW
THING COMES UP THAT THEY
SUBSEQUENTLY DISCOVERS THE
DESIGN SOME SUPER COOL SCROLL
FEATURES ON SOMETHING LIKE THAT.
AND IT HAS LIKE A SLOT MACHINE
TYPE EFFECT THAT WASN'T
ANTICIPATED ONCE THEY FIGURE OUT
THAT THAT IS CAUSING ADDICTIVE
BEHAVIOR AND HARM BOTH PRONGS
MUST BE MET THEN THEY HAVE
THIRTY DAYS TO DISABLE THE
FEATURE AND AVOID ANY LIABILITY
AT ALL. SO I THINK THE
RETROACTIVITY TO THE EXTENT
EXISTS ONLY GOES BACK TWO YEARS-
WE'VE GOT A WELL DOCUMENTED
RECORD FROM THE FACEBOOK WAS
BLOOD TEST MONEY THAT. BECAUSE
SOME OF THE STUFF WAS DONE
KNOWINGLY OF TO SLEEP THAT AT
THAT AND THEY'VE GOT A SAFE
HARBOR- ON THE ADDICTION
DEFINITION PIECE IF I CAN TOUCH
ON THAT BRIEFLY BECAUSE IT WAS
RAISED AND WE'RE TAKING THE
DEFINITION OF ADDICTION ISSUES
AND MEDICINE AND MEDICAL SCIENCE
MINUTES PATTERNED AFTER THE
DEFINITION IN THE- PSYCHIATRIC
MANUAL THE DSM- IT I THINK IT'S
A GOOD DEFINITION. F THERE WERE
PERFECT DEFINITION I WOULD USE A
PERFECT DEFINITION BUT. I THINK
THIS IS CLOSE TO PERFECT AS WE
CAN GET IT AND IT'S ALSO BY THE
WAY. IT'S NOT UNLIKE WHAT
FACEBOOK WAS AND WAS SAYING AN
INSTAGRAM WAS SAYING IS WHAT
THEY CALLED EXCESSIVE USE ITS
PEOPLE IT'S LIKE A IT'S LIKE
GAMBLING IT'S LIKE USE OF
ALCOHOL TO THE USE OF TOBACCO
IT'S LIKE USE ALL SORTS OF
THINGS THAT WE LABELS ADDICTION
SOMEBODY'S DOING AND THEY WANT
TO STOP AND I CAN'T. THAT'S
BASICALLY IN LAYMAN'S TERMS WHAT
THE DEFINITION OF ADDICTION AND
AGAIN THEY HAVE TO NEGLIGENTLY
OR INTO THE INTENTIONALLY DO IT.
I MADE IT UP SO YOU'VE GOT
YOU'VE GOT A LIMITATION IN THE
VERY CORE OF THE BILL. AND OF
THIS IS RAMBLING INTO MY CLOTHES
SESSION PRICE STOP IN. THANK
THERE'S OTHER QUESTIONS THANK
YOU THE SERVICE. AND THAT MR
BLOOM. THANK YOU RIGHT- ONE OF
THE COMMENTS FROM THE OPPOSITION
. SHE ADDED THAT THE SAID
UNHEALTHY CONTENT FOR KIDS IS A
REAL PROBLEM. I WILL TELL YOU
AND DIED I. HAD SHARED I DID
HAVE A SERIOUS CONCERN ABOUT THE
FIRST OF THE FIRST AMENDMENT OF
IF SOMEONE IS WILLINGLY.
ENTERING OF A PLATFORM A MEDIA
PLATFORM. THEY ARE ACCEPTING
WHATEVER'S BEING PUT BEFORE THEM
. THE PROBLEM OF OBVIOUSLY IS
BECAUSE WE'RE TALKING ABOUT
CHILDREN AND IF THERE'S
SOMETHING BEING DONE
INTENTIONALLY. TO ADDICT THEM
THAT IS SOMETHING THAT HAS TO BE
ADDRESSED- I AT IT- THE FACT
THAT THEN YOU'VE YOU'VE TOUCHED
ON THIS IN RESPONSE TO- IS DAVIS
QUESTION ABOUT THE PENALTY BUT
IF THEY SHOW THAT THEY'VE BEEN
DOING THE THREE MONTH AUDITS
THEY'RE GONNA BE OKAY AND EVEN
IF THEY DON'T HAVE THE THREE
MONTH AUDIT. THEY CAN STILL HAVE
THIRTY DAYS TO FIX IT. THAT'S A
GOOD THING THAT YOU PUT IN
THERE- REGARDING THE FIRST
AMENDMENT AS NOTED IN- IN THE
COMMITTEES- ANALYSIS. THAT THE
AMENDMENTS THAT YOU'VE TAKEN
MIRROR THE CASE LAW RELATED TO
LIABILITY FOR SOCIAL MEDIA.
COMPANIES THUS. THERE'S A GOOD
CHANCE AT THAT IT'S NOT GOING TO
BE FOUND AGAINST THE FIRST
AMENDMENT AND WILL NOT BE FOUND
IN CONSTITUTIONAL. BUT ONE OF
THE COMMENTS THAT WAS MADE ABOUT
IT BEING DEEPLY FLAWED
OFTENTIMES OUR BILLS BEGIN BEGIN
DEEPLY FLAWED AND AS WE HEAR THE
COMMENTS AND CLEARLY YOU'VE
TAKEN AMENDMENTS FROM THE THAT
THE COMMITTEE HAS RECOMMENDED-
BECAUSE MAYBE OUR BILLS DO BEGIN
DEEPLY FLAWED. AND WE MAKE THEM
BETTER BECAUSE IN THE END WE
WANT TO PROTECT THE CHILDREN. IT
ISN'T ABOUT ADULTS IT'S ABOUT
THE CHILDREN. THE R. I KNOW THAT
MANY PARENTS THE TALK TO ME.
THEY TELL ME WE DON'T STAND A
CHANCE AGAINST THE SOCIAL MEDIA
PLATFORMS UGH IF THIS IS WHAT
THE PARENTS ARE SAYING. WE CAN
ONLY IMAGINE HOW THE CHILDREN
WOULD VOICE THEIR CONCERNS IF
THEY EVEN UNDERSTOOD HOW WHAT
THE CONCERN IS. I- I AS I
MENTIONED EARLIER I DID HAVE
SOME CONCERT. SAID CONCERNS
ABOUT THE CONSTITUTIONALITY AND
APPRECIATED THE END RESULT I AND
I DO WANT TO. SHARE IF I MAY-
MISTER CHAIRMAN- FROM A PARENT
WHO IS VERY AWARE OF WHAT IS
HAPPENING AND HE SAID AS A DAD
OF TWO DAUGHTERS I CAN TELL YOU
I AM SO SCARED ABOUT THE
NEUROLOGIST HIRED. TO DO EXACTLY
WHAT IS BEING DONE TO BECAUSE
THIS ADDICTION IN YOUNG GIRLS
AND IT'S A SCARY THING FOR HIM-
SCARY THING FOR ANY PARENT- I
AND WITH THAT I WOULD MOVE THE
BILL. THANK YOU WE DO HAVE A
MOTION IS THERE A SECOND THANK
YOU AND THE SECONDS LIST BELOW.
I'VE JUST A QUICK QUESTION FOR
WHAT MIGHT BE SO EASY TO ANSWER-
BUT YOU RAISE THE FOR THE
OPPOSITION YOU RAISE THE- ISSUE
OF FOLK OF FIRST AMENDMENT
RIGHTS OF IS THEIR CASE LAW THIS
COMES DOWN TO THE WRITING OF
ALGORITHMS IS THERE CASE LAW
ESTABLISHING THAT AN ALGORITHM-
IS PROTECTED BY THE FIRST
AMENDMENT. MAY I PLACE THAT IN
THE ANALYSIS YEAH I BELIEVE SO
AND I APOLOGIZE I DON'T HAVE THE
CASE CITATIONS RIGHT IN FRONT OF
ME I CAN FOLLOW UP WITH YOU
AFTERWARDS BUT THERE IS CASE LOS
SHOWING THAT- THE WAY THAT.
PUBLISHERS SHOULD CHOOSE TO SHOW
CONTENT IS PROTECTED SPEECH AND
THAT INCLUDES OUR ALGORITHMS-
AND SO WE BELIEVE THAT IS A
PROTECTED FORM OF SPEECH IN ONE
OF I THINK THE ISSUES THAT AT
ISSUE IN THIS BILL IS- IT IS.
IMPACTING SPEECH AND LIKE OUR
SPEECH AS A PLATFORM- IN THAT
REGARD SO YES AT THE END
APOLOGIZE I'LL HAVE TO FOLLOW UP
WITH YOU AFTER WITH THE CASE
ADDITION. SO I'M GOING TO ASK A
VOTE TO MOVE THIS BILL FORWARD
TODAY BUT I DO HAVE- SOME
ABIDING CONCERNS- ABOUT- THE-
WAY THIS BILL WOULD WORK IN THE-
IN THE REAL WORLD AND THE IMPACT
THAT IT WOULD. THAT IT WOULD
HAVE ON THEIR- HAVE BEEN
ADDICTIVE GAMES THAT PREDATE TO-
THE INTERNET- DUNGEONS AND
DRAGONS IS THE ONE THAT COMES TO
MIND TO FROM- MY GENERATION. AND
IT CAN BE DONE RIGHT- IT AND TO
YOU KNOW THERE'S A LOT TO THINK
ABOUT HERE AND TO I'M GONNA
RESERVE MY RIGHT TO. VOTE
DIFFERENTLY ON THE FLOOR BUT-
FOR NOW I THINK YOU'RE ONTO A
VERY- IMPORTANT ISSUE ASSEMBLY
MEMBER AND- I HOPE YOU'LL BE
ABLE TO. CONTINUE TO WORK WITH
THE OPPOSITION AND TO REACH SOME
ACCOMMODATIONS. THANK YOU OTHER
QUESTIONS COMMENTS FROM THE
COMMITTEE. ALL RIGHT THIS
CUNNINGHAM DURING THIS WEEK'S
ISN'T HERE BUT THANK YOU FOR
BRINGING THIS FORWARD. AT THIS
COMMITTEE IS NOT NOR SHOULD BE
AFRAID OF. CONSTITUTIONAL
QUESTIONS THE POINT OF THE
LEGISLATURE MOVING FORWARD BILLS
LIKE THIS I WOULD JUST SAY THIS
FOR THE RECORD MORE GENERALLY.
IS TO CHALLENGE THE STATUS QUO
AND TO PUT BEING SURE THAT WE
ARE PUSHING FORWARD IN AREAS
THAT WE FEEL. ARE IMPORTANT FOR
US TO ADVANCE I'M NOT WORRIED AT
ALL ABOUT THE CONSTITUTIONALITY
QUESTIONS BECAUSE YOU ARE
RAISING A- A POLICY QUESTION AN
AREA THAT REALLY HAS NOT BEEN.
THOROUGHLY LITIGATED AND THERE
IS A DIFFERENCE BETWEEN CONTENTS
AND ALGORITHMS IN THE OPPOSITION
KEEPS TALKING ABOUT CONTENT AND
YES THERE IS AN INTERACTION
BETWEEN THE ALGORITHM THAT IS.
PUSHING THE CONTENT OUT THERE IN
THE CONTENT ITSELF IN THIS BILL
I DON'T SEE IS AS- REGULATING
THE CONTENT BUT THE MECHANISMS
THE ALGORITHMS IN THE FEATURES
BEHIND THAT. THAT ARE SERVING UP
THE AIR AND TAKING DATA AND
INFORMATION FROM THE USERS AND
THEN FIGURING OUT HOW TO SERVE
UP WHAT THEN THAT INDIVIDUAL IS
SEEING THE INTERACTIONS BETWEEN
YOUTH AND INDIVIDUALS IS A
LITTLE BIT OF A DIFFERENT
SUBJECT HERE MEAN IT CAN BE. AND
IS AS HARMFUL AS AS OFTEN SHOWS
UP IN. THAT IN THE MEDIA AT AND
AS HAS BEEN PORTRAYED BUT WITH
THIS BILLS REALLY GOING AFTER IS
THE RESPONSIBILITY OF THE
PLATFORMS AND THAT IS. THE
INTENTIONAL TARGETING AND THE
INTENTIONAL CREATION OF
ALGORITHMS AND FEATURES THAT ARE
DRIVING. ADDICTIVE REALLY
REPRODUCTIVE RESULTS IN IN OUR
YOUTH. WE'RE STILL GRAPPLING
WITH ADDICTION WHEN IT COMES TO
DRUGS AND THAT'S WHAT MOST
PEOPLE THINK OF CERTAINLY
GAMBLING AND OTHERS BUT THESE
PLATFORMS ARE INCREDIBLY
ADDICTIVE AND INCREDIBLY
POWERFUL AND UNFORTUNATELY. IN
OUR SOCIETY THE WAY WE TEACH
BOYS AND GIRLS AND IT. IS
FEEDING INTO A LOT OF THE
ANXIETIES THAT THAT THERE.
EXPERIENCING WHEN THEY GET ONTO
SOCIAL MEDIA PLATFORMS BUT WHEN
SOCIAL MEDIA PLATFORMS ARE DOING
THE RESEARCH IN ORDER TO FIGURE
OUT HOW TO KEEP KIDS ADDICTED
AND HOW TO MAKE SURE THAT THAT
THAT PLATFORMS BUSINESS MODEL IS
SUCCESSFUL BY TYING PEOPLE TO
THEM IN WAYS THAT THEY CAN'T
SEPARATE FROM AND ESPECIALLY
WHEN IT COMES TO KIDS THAT IS
VERY MUCH ALARMING. AND THE TECH
INDUSTRY HAS ALL OFTEN COME TO
THIS LEGISLATURE SAYING NO WE'RE
DIFFERENCE NO WE'RE SPECIAL
DON'T REGULATORS DON'T TOUCH US
BECAUSE WE'RE INNOVATIVE AND
WE'D WHATEVER APPROPRIATE BUZZ
WORDS THAT THEY WANT TO THROW
OUT BUT THE FACT OF THE MATTER
IS. THEY'RE NO DIFFERENT
ALTERNATELY THAN ANY OTHER
INDUSTRY AND THE COURTS IN THE
LARGE STARTING TO COME TO THAT
CONCLUSION WHETHER IT'S AN
ONLINE MARKETPLACE OR FUNCTIONS
THAT THAT DRIVE INTENTIONALLY
DRIVE ADDICTIVE BEHAVIOR FOR THE
PURPOSE THEN OF THE VIABILITY OF
THAT PLATFORM THAT IS
APPROPRIATE FOR US TO BE VERY
CAUTIOUS OF FOR US TO WEIGH IN
AND TO BE ABLE TO REGULATE IN
THIS CUNNINGHAM UNITE THAT THESE
CONVERSATIONS ABOUT. THE ROLE
THE APPROPRIATE ROLE OF
GOVERNMENT IN LEVELING PLAYING
FIELD AND IN LOOKING OUT FOR THE
WHOLE BASIS FOR CONSUMER
PROTECTION LAWS ARE. LOOKING OUT
FOR OUR CONSTITUENTS ENSURING
THAT THAT THINGS ARE SAFE. SO
THERE ARE QUESTIONS RAISED AND
THINK THE ANALYSIS. REALLY TALKS
ABOUT SOME OF THIS BECAUSE
DEFINITIONAL LEE WERE STEPPING
INTO AREAS THAT THAT STILL NEED
TO NEED TO BE SORTED OUT WE
CAN'T SORT THOSE OUT WITHOUT
PUTTING A BILL LIKE THIS FORWARD
. HAVING THE DEBATE IN THE
LEGISLATURE AND ENSURING THAT WE
ARE. BEING AS RESPONSIVE AS WE
CAN TO. CHANGING TECHNOLOGIES
ALLOW THOSE TO MOVE FORWARD BY
BEING HONEST WITH OURSELVES
ABOUT THE DANGERS THAT ARE. OUT
THERE AND ESPECIALLY FOR KIDS
AND IT'S NOT THE TECHNOLOGY HAS
BEEN THE WILD WEST FOR A LONG
TIME IT'S NOT THE WILD WEST
ANYMORE IT NEEDS A LITTLE
APPROPRIATE OVERSIGHT. AND TO BE
A LITTLE BIT MORE CIVILIZED AND
JUST SAY TO COME TO LEGISLATURE
THEY DON'T TOUCH US BECAUSE
WE'RE SPECIAL DOES NOT HOLD
WATER ANYMORE. TO APPRECIATE THE
EFFORT THE THOUGHTFULNESS. THE
WAY THAT YOU APPROACH THIS BILL
AND PROVIDED SOME SAFEGUARDS
SAFE HARBORS AND SOME POTENTIAL
OFF RAMPS FOR THEIR I'D- I'M NOT
ONE WHO. WANT TO SEE SOMEONE WHO
IS PERPETUATING HARM TO BE LET
OFF THE HOOK BUT I DO APPRECIATE
YOUR PROTEIN THIS AND ESPECIALLY
GIVEN THE VAGARIES WITH THAT
THAT SOMETIMES WE'RE DEALING
WITH HERE BECAUSE WE WE'RE WE'RE
JUST LEARNING ABOUT THE
POTENTIAL FOR HARM AND THESE
COMPANIES ARE WELL AHEAD OF US.
THEY KNOW WHAT THEY'RE DOING.
WITH ALGORITHM GENERATION. AND A
WORD SPARKS TRYING TO PLAY CATCH
UP A LITTLE BIT AND THAT'S
REALLY WHAT. WHAT I THINK THIS
BILL DOES IN THE FRAMEWORK THAT
YOU SET UP IS VERY APPROPRIATE
AND I APPRECIATE. AGAIN THE
THOUGHTFULNESS OF THE WORK THAT
YOU'VE PUT IN TO THIS. THANK YOU
WITH THAT. YOU MAY CLOSE I'LL
TRY TO KEEP IT FAIRLY BRIEF- ONE
TECHNICAL THING UNDER THE
AMENDED VERSION THE BILL THERE'S
NO BURDEN SHIFTING THE BURDEN
REMAINS WITH. THE PLAN F. LIKE
ANY OTHER LAWSUIT- ADELINE MY
COMMENTS WITH THE CHAIRS ON THE
FIRST AMENDMENT QUESTION. I
THINK THIS PASSES MUSTER AS
DRAFTED. IF THEY HAVE CASE LAW
WERE OF THERE'S AN- FIRST
AMENDMENT ANALYSIS ON AN
ALGORITHM OR PRODUCT DESIGN
FEATURE. OUR COURTS STRUCK THAT
DOWN A FIRST MAN GROUNDS I HAVE
NOT SEEN THAT WHAT I'VE SEEN IS
THE LINE IN CASE IN THE NINTH
CIRCUIT AND WE ARE. CRAFTING
THIS BILL DRAFTING RIGHT BEHIND
THE NINTH CIRCUIT JURISPRUDENCE.
I AM HAPPY TO TAKE A LOOK AT
THAT CASE LAW IF THEY CAN COME
UP THE SITES. AND GIVE IT ITS
DUE APPROPRIATE INSPECTION. I AM
IS ABOUT A PRO FIRST AMENDMENT
PROCESS AS YOU'RE GOING TO FIND.
ON THE PLANET IT'S BEEN EIGHTEEN
YEARS AS A- LEGAL PRACTITIONER
DEFENDING PEOPLE'S FIRST
AMENDMENT RIGHTS I'VE- I AM NOT
. INTERESTED AT ALL. IN
IMPINGING ON PEOPLE'S RIGHTS OF
EXPRESSION THAT'S AN IMPORTANT
IMPORTANT CONSTITUTIONAL
SAFEGUARDS- BUT I AM A 100%
CONFIDENT HAVING SAID THAT THAT
WHAT WE HAVE- PASSES MUSTER ON
THE FIRST AMENDMENT IN FACT.
THIS IS A PRODUCT SAFETY BILL
IT'S A PRODUCT DESIGNED BILL
THAT'S ESSENTIALLY WHAT IT IS.
AND IT'S PROTECTING KIDS IN THIS
LIMITED TO KIDS. AND I WOULD
SHARE AS- MS RESTS ALLUDED TO
AND SHE- PUT IT BETTER THAN I
HAVE IN THE PAST. AS A PARENT I
GOT THREE TEENAGERS THAT A
SECOND GRADER. THIS IS ABOUT ME
OR MY FAMILY BUT I CAN TELL YOU
HER COMMENT THE PARENTS ON'T
STAND A CHANCE. IS ABSOLUTELY
RIGHT. I AM TRY TO BE A DECENT
LAWYER AND SUNDAYS ON THE DECENT
LEGISLATOR AND MOST DAYS I'M A
PRETTY GOOD PARA AT LEAST I TRY
I AM NOT A SOFTWARE ENGINEER I
DO NOT KNOW WHAT IF I LET MY
KIDS ON TICK TOCK OR SNAPCHAT OR
INSTAGRAM OR WHAT HAVE YOU I
HAVE NO IDEA WHAT. THOSE
COMPANIES ARE DOING IT WITHOUT
MORE THAN JUST TO GET MY KIDS TO
USE IT MORE MORE MORE I EVEN IF
I DID I WOULDN'T KNOW HOW TO
DISABLE IT BECAUSE I DIDN'T
DESIGN THE FEATURE IN THE FIRST
PLACE AND AGAIN I'M NOT A
SOFTWARE ENGINEER SO THAT REALLY
THE ONLY WAY THAT YOU KNOW THIS
ARGUMENT HAS COME UP BEFORE WILL
WHERE IS THE PARENTS
RESPONSIBILITY WELL. YOU KNOW AS
PARENTS ARE FIRST DUTIES ALL. TO
PROTECT OUR KIDS. BUT LET'S BE
REALISTIC BECAUSE- I ME KEEPING
YOUR KIDS OFF THE STUFF IN THE
MODERN ERA IS NOT FEASIBLE. AND
THE- THE COMPANIES ARE THE ONES
THAT KNOW. EVAN FLOYD THE
NEUROLOGISTS AND NEUROSCIENTISTS
AND THE SOFTWARE ENGINEERS. TO
DESIGN ALGORITHMS AND THEY'RE
THE ONES THAT THIS BILL WOULD
PUT THE ONUS ON. TO DISABLE
THOSE FEATURES OR- CRAFT THEM IN
A WAY THAT THEY ARE. BENEFICIAL
TO CHILDREN. AND NOT.
POTENTIALLY OR ACTUALLY IN FACT
HARMFUL TO CHILDREN. AND UNLESS
WE HAVE A LOT LIKE THIS. D. C.
ISN'T TAKING ACTION ON THIS.
THERE'S BIPARTISAN AGREEMENT
THAT SOMETHING NEEDS TO HAPPEN.
BUT GUESS WHAT'S COME OUT OF
WASHINGTON NOTHING. YOUR
CALIFORNIA CAN LEAD THE WAY HERE
I MEAN WE CAN AND- THEY ARE NOT
GONNA KICK KIDS OFF THE PLATFORM
I DON'T BUY IT FOR A SECOND. I
MEAN IS MILLIONS OF MILLIONS OF
KIDS ON THESE ON THESE
PLATFORMS. WHAT THEY'RE GONNA DO
IF THIS BECOMES LAW. IT'S FIX
THE FEATURES THAT ARE CAUSING
HARM THROUGH ADDICTION TO KIDS
AND THEY CAN DO IT THEY HAVE THE
WORLD'S SMARTEST ENGINEERS
WORKING FOR THEM MAKING TONS OF
MONEY. TWO GENERATIONS AGO THESE
ENGINEERS WOULD HAVE BEEN
PUTTING MAN ON THE MOON. AND
TODAY THEY'RE DESIGNING PRODUCT
IT'S LIKE A SLOT MACHINE THE
GETS A THIRTEEN YEAR OLD
ADDICTED AND IN SOME CASES THAT
LEADS TO THEM GOING. TO
RESIDENTIAL REHAB PROGRAMS. LIKE
A FRIEND OF MINE. SO I THINK
RESPECTFULLY WE NEED THIS BILL.
THEY'VE HAD. A DECADE OR MORE
OPPORTUNITY TO CURE THE ISSUE
AND FIX THE PROBLEM THEY HAVEN'T
DONE IT. AND I REALLY ASKED FOR
AN AYE VOTE BECAUSE CALIFORNIA
NEEDS TO LEAD THE WAY AND
PROTECTING YOUR KIDS ONLINE.
THANK YOU. THANK YOU WE DO HAVE
A MOTION AND A SECOND THAT
MOTION IS TO PASS AS AMENDED
CALL THE ROLL PLEASE STONE HI
STONE AYE CUNNINGHAM. CUNNINGHAM
I. DAVIES. DAVIES I'D KALRA.
KALRA AYE KILEY. MAIENSCHEIN
MAIENSCHEIN AYE REYES REYES I
RIVAS. RIVAS I BLOOM BLOOM I
CARILLO HI THANK YOU THE BILL IS
OUT THANK YOU VERY MUCH RIGHT I
WILL TAKE A MOTION ON THE
CONSENT AGENDA. HE WE DO HAVE A
MOTION AND A SECOND CALL THE
ROLL PLEASE STONE AYE STONE AYE
CUNNINGHAM. CUNNINGHAM AYE
DAVIES. DAVIES I KALRA. KALRA
AYE KILEY KILEY AYE MAIENSCHEIN
MAINTAIN AYE REYES REYES AYE
RIVAS RIVAS I BLOOM- BLOOM I
CARILLO CREO AYE THANK YOU THOSE
BILLS ARE OUT THAT IS AB TWENTY
TWO FORTY FIVE RAMOS AB TWENTY
NINE FIFTY EIGHT JUDICIARY
COMMITTEE BILL AND AB TWENTY
NINE SIXTY TWO JUDICIARY
COMMITTEE BILL. SO LET'S GO
THROUGH THE REST OF THE ITEMS
ITEM NUMBER ONE AB TWENTY THREE
EIGHTY SIX BLUE I NEED A MOTION
. THANK YOU WE DO HAVE A MOTION
A SECOND THAT MOTION IS TO PASS
AS AMENDED CALL THE ROLL PLEASE
STONE AYE STONE AYE CUNNINGHAM.
DAVIES DAVIES NO KALRA KALRA AYE
KILEY KILEY NO MAIENSCHEIN.
MAIENSCHEIN AYE REYES REYES AYE
RIVAS RIVAS I BLOOM BLOOM I
CARILLO CREE AWAY THAT BILL IS
OUT. ITEM NUMBER TWO IS OFF
CALENDAR ITEM NUMBER THREE AB
TWENTY FIVE OH THREE CRISTINA
GARCIA TAKE A MOTION. THANK YOU
TO HAVE A MOTION AND A SECOND
THAT TO MOTIONS TO PASS AS
AMENDED CALL THE ROLL PLEASE
STONE HI STONE I CUNNINGHAM
CUNNINGHAM I. DAVIES DAVIES I
KALRA. KALRA AYE KILEY. KILEY NO
MAIENSCHEIN MAIENSCHEIN AYE
REYES REYES AYE RIVAS RIVAS I
BLOOM BLOOM I CARILLO CREE AYE
THAT PHYLLIS OUT I'VE NEVER FOR
AB TWENTY ONE EIGHTY TWO WICKS
IS ON CALL I'M GONNA LIFT THE
CALL. KALRA KALRA I'D
MAIENSCHEIN MAIENSCHEIN AYE
REYES REYES I'D CARILLO CREA
THANK YOU THE BILL IS OUT ITEM
NUMBER FIVE AB TWENTY SEVEN
SEVENTY SEVEN WICKS IS ON CALL
I'M GONNA LIFT THE CALL. KALRA
KALRA I REYES REYES AYE RIVAS
RIVAS AYE CREO. AYE THANK YOU
THAT BILL IS OUT I THINK WE HAVE
EVERYBODY ON ITEM NUMBER SIX WE
DO ITEM NUMBER SEVEN AB EIGHTEEN
THIRTEEN. MEDINA CALL THE ABSENT
MEMBERS KILEY. KILEY AYE
MAIENSCHEIN MAIENSCHEIN AYE
REYES REYES I CARILLO. RELY
RIGHT THANK YOU VERY MUCH THAT
COMPLETES OUR BUSINESS FOR TODAY
AND WE ARE ADJOURNS.