WELCOME TO THE
FIRST HEARING OF THE ASSEMBLY
JUDICIARY COMMITTEE FOR THE 2022
2023 SESSION. WE HAVE SEVERAL
RETURNING MEMBERS
ASSEMBLYMEMBER'S HANEY, KALRA
AND REYES. AS WELL AS
ASSEMBLYMEMBER'S RIVAS AND THEN
NEW MEMBERS WOULD LIKE TO GIVE A
WELCOME TO OUR VICE CHAIR.
ASSEMBLYMEMBER'S SALIH AND ALSO
ASSEMBLYMEMBER'S CONNOLLY, DIXON
, PACHECO POPPING AND SANCHEZ,
UM, DUE TO THE STATE NO LONGER
BEING UNDER THE PUBLIC HEALTH
STATE OF EMERGENCY, WE'VE
RETURNED TO OUR PRE PANDEMIC
REGULAR RULES. FOR WITNESS
TESTIMONY. EACH SIDE WILL BE
ALLOWED TO MAIN WITNESSES. EACH
WITNESS WILL HAVE TWO MINUTES TO
TESTIFY AND SUPPORT OF, OR
OPPOSITION TO THE BILL.
ADDITIONAL WITNESSES SHOULD
STATE THEIR NAMES, ORGANIZATIONS
, IF ANY, AND THEIR POSITION
ONLY UH, AS FAR AS DECORUM AND
DISRUPTIONS AH AS NECESSARY WITH
WITH ANY LARGE CROWDS OF, UH,
WELL AS WE PROCEED WITH
WITNESSES AND PUBLIC COMMENT, I
WANT TO MAKE SURE EVERYONE
UNDERSTANDS THAT THE COMMITTEE
HAS RULES TO ENSURE WE MAINTAIN
ORDER TO RUN A FAIR AND
EFFICIENT MEETING IN ORDER TO
FACILITATE THE GOAL OF HEARING
AS MUCH FROM THE PUBLIC WITHIN
THE LIMITS OF OUR TIME. WE WILL
NOT PERMIT CONDUCT THAT DISRUPTS
, DISTURBS OR OTHERWISE IMPEDES
THE ORDERLY CONDUCT. OF
LEGISLATIVE PROCEEDINGS. WE WILL
NOT ACCEPT DISRUPTIVE BEHAVIOR
OR BEHAVIOR THAT INCITES OR
THREATENS VIOLENCE OR EVEN
VEILED THREATS. RULES OF CONDUCT
FOR TODAY'S HEARING INCLUDE NO
TALKING OR LOUD NOISES FROM THE
AUDIENCE. PUBLIC COMMENT MAY BE
PROVIDED ONLY AT THE DESIGNATED
TIME AND MUST BE LIMITED TO YOUR
NAME, ORGANIZATION AND SUPPORT
OR OPPOSITION OF A BILL AND NO
ENGAGING IN CONDUCT THAT
DISRUPTS, DISTURBS OR OTHERWISE
IMPEDES. THE ORDERLY CONDUCT OF
THIS HEARING. PLEASE BE AWARE
THAT VIOLATION OF THESE RULES
MAY SUBJECT YOU TO REMOVAL OR
OTHER ENFORCEMENT PROCESSES. SO
WITH THAT ALREADY GET STARTED TO
UNICORN. POLITICAL WHAT. JUST
TRYING. TO OKAY, WE DO HAVE A
QUORUM. AND BY THE WAY, THANK
YOU ALL FOR BEING HERE ON TIME.
I AM GOING TO START THESE
MEETINGS ON TIME AND TRY TO RUN
THEM EFFICIENTLY. I KNOW
EVERYBODY'S BUSY, SO WE'RE GOING
TO TRY TO TRY TO RUN THESE
MEETINGS IN A PRECISE AND
CONCISE TIME THAT RESPECTS THE
MEMBERS TIME AND RESPECTS THE
PUBLIC'S TIME SO THAT I'D ASK
THE COURT TO PLEASE CALL THE
ROLL. CHINA DAILY CONNELLY.
DIXON. HANEY. HERE. CHOLERA.
PACHECO PAPIN, REYES RIVAS
SANCHEZ. THANK YOU. SO WE DO
HAVE QUORUM. I'D ASK FOR A
MOTION FOR ADOPTION OF THE
COMMITTEE RULES. YES WE HAVE
EMOTION FROM MS RAISA. SECOND
FROM MR ASTLEY. ANY COMMENTS
FROM THE COMMITTEE SEEN NONE
ASKED THE COURT TO PLEASE CALL
THE ROLL MAIENSCHEIN. HI SALLY
CONNOLLY. DIXON DIXON, I HANEY I
CHOLERA. CHECK OUT CHECK. OH MY
PAPIN REYES. I REVERSE SANCHEZ S
. UH MOTION PASSES. WE ARE OFF
TO A GOOD START WITH THAT ON
THAT NOTE, MR ARAMBULA, KEEP IT
GOING. YOU'RE UP. AH! WE UH,
BILL IS A B 2 22. AH BY ASSEMBLY
MEMBER ARAMBULA. MR AMBLER
WELCOME YOU MAY BEGIN. GOOD
MORNING, MR CHAIR AND MEMBERS.
FIRST LIKE TO THANK BY FIRST
LIKE TO START BY THANKING THE
COMMITTEE STAFF FOR THE
RECOMMENDED AMENDMENTS, WHICH I
ACCEPT A B 222 WILL STRENGTHEN
THE POLICIES AND LAWS THAT
CALIFORNIA PROVIDES FOR THE
CIVIL RIGHTS PROTECTIONS FOR
INDIVIDUALS WITH DISABILITIES.
THE AMERICAN WITH DISABILITIES
ACT, OR A D A, WHICH WAS ENACTED
UNDER PRESIDENT GEORGE H. W BUSH
IN 1990 ALTHOUGH THESE LANDMARK
POLICIES OF THE PAST HAVE MADE
MAJOR STRIDES FOR THE DISABILITY
COMMUNITY, MANY OF THE ASPECTS
OF STATE LAWS NEED TO BE UPDATED
TO ADJUST TO THE MODERN TIMES,
ESPECIALLY REGARDING THE
WORKPLACE. CALIFORNIA IS A
NATIONWIDE LEADER IN ENACTING
LANDMARK LEGISLATION FOCUSED ON
THE RIGHTS OF PEOPLE WITH
DISABILITIES. 82 TO 2 WILL
CONTINUE THAT LEADERSHIP BY
CREATING A WORK GROUP TO ADDRESS
THE NEED FOR UPDATING LAWS AND
SERVICES THAT AIM TO SUPPORT ALL
CALIFORNIANS WITH DISABILITIES.
THIS LEGISLATION AIMS TO BRING
PEOPLE REPRESENTING THE MANY
FACES OF INDIVIDUALS WITH
VARIOUS DISABILITIES TO THE
TABLE FOR A MUCH NEEDED
CONVERSATION REGARDING LABOR,
WORKFORCE AND EMPLOYMENT.
TESTIFYING AND SUPPORT OF A B
222 IS ERIC HARRIS, REPRESENTING
DISABILITY RIGHTS. CALIFORNIA MR
HARRISON MAY PROCEED. GOOD
MORNING CHAIR AND MEMBERS. MY
NAME IS ERIC HARRIS, AND I AM
THE DIRECTOR OF PUBLIC POLICY AT
DISABILITY RIGHTS, CALIFORNIA
CALIFORNIA IS THE BIRTHPLACE OF
THE DISABILITY MOVEMENT AND
FOLLOWED GREAT LEADERS LIKE THE
LATE JUDY HUMAN AND ED ROBERTS.
THEY FOUGHT HARD TO ENSURE THAT
DISABLED PEOPLE HAD CIVIL
RIGHTS. AND BENEFIT THE DECISION
. THE DISABILITY COMMUNITY EVEN
TODAY. CALIFORNIA ALSO HAS THE
FAIR EMPLOYMENT AND HOUSING ACT
TO PREVENT DISCRIMINATION. THE
LANTERN MEN ACT FOR PEOPLE WITH
INTELLECTUAL AND DEVELOPMENTAL
DISABILITIES AND OTHER CRUCIAL
LAWS THAT HELP ENSURE THAT
DISABLED PEOPLE. PROVIDE ARE
PROVIDED EQUAL TREATMENT.
DESPITE THESE LAWS, ONLY 39% OF
CALIFORNIA'S WITH DISABILITIES
AGES, 18 TO 64 ARE EMPLOYED,
WHICH PUTS WHICH PUTS US 35TH IN
THE COUNTRY. WE RANKED TOWARDS
THE BOTTOM AND EMPLOYMENT FOR
PEOPLE WITH INTELLECTUAL AND
DEVELOPMENTAL DISABILITIES, WE
RANK TOWARDS THE BOTTOM. FOR
HOME OWNERSHIP RATES FOR PEOPLE
WITH DISABILITIES AND DISABLED
PEOPLE ARE AMONG THE MOST LIKELY
IN THE STATE TO LIVE IN POVERTY.
WE MUST DO BETTER AND A B 222 IS
AN OPPORTUNITY TO DO THAT. THE
CALIFORNIANS WITH DISABILITIES
ACT IS A BILL THAT GIVES
CALIFORNIA AND OPPORTUNITY TO
CREATE A WORKING GROUP TO
REEVALUATE OUR LAWS AND HOW THEY
IMPACT DISABLED PEOPLE.
CALIFORNIA SHOULD BE A LEADER ON
ISSUES RELATING TO THE
DISABILITY COMMUNITY AND
DISABILITY RIGHTS. CALIFORNIA
URGE YOUR I VOTE TODAY ON A B TO
HELP US MOVE IN THE RIGHT
DIRECTION. THANK YOU. THANK YOU
ANY OTHER WITNESSES IN SUPPORT?
SEEN NONE. WITNESSES AND
OPPOSITION. SEEING NONE
QUESTIONS FROM THE COMMITTEE. MR
ASTLEY. THANK YOU, MR CHAIR AND
THANK YOU ASSEMBLYMEMBER'S
ARAMBULA FOR BRINGING THIS BILL
. I SUPPORT YOUR GOAL OF
UPDATING OUR ACCESSIBILITY LAWS
TO MAKE SURE THAT THEY ARE THEY
FAIRLY PROVIDE FOR THE NEEDS OF
PEOPLE WITH DISABILITIES. MY
ONLY CONCERN IS THAT, UM MANY
SMALL BUSINESSES SOMETIMES
STRUGGLE TO COPE WITH SOME OF
THE PREDATORY LAWSUITS. THAT ARE
FILED BY A VERY SMALL GROUP OF
PEOPLE. UM AND THEY OFTEN ARE
SHAKEDOWNS ON SMALL BUSINESSES
IN NORTHERN CALIFORNIA, AN
ATTORNEY WHO FILED THOUSANDS OF
DISABILITY LAWSUITS AGAINST
LOCAL AND STATE BUSINESSES OVER
THE LAST TWO DAYS DECADES.
SOMETIMES HE FOULED AS MANY AS
SIX OR MORE A DAY, FORCING MANY
BUSINESSES TO SHUT DOWN. HE
RECENTLY PLED GUILTY TO FEDERAL
TAX FRAUD. SO WHAT AM I CONCERNS
IS ADDRESSING THE PREDATORY
NATURE OF SOME OF THESE
LAWSUITS. UM, SO THAT WAY AH,
YOU KNOW BUSINESSES, WE CAN
FOCUS ON BUSINESSES THAT ARE
SUBSTANTIALLY VIOLATING THESE.
SO MY QUESTION TO YOU,
ASSEMBLYMAN ARAMBULA, WOULD YOU
BE WILLING TO INCLUDE IN THE
SCOPE OF THE WORK GROUP A
PROVISION THAT THEY LOOK AT HOW
TO COMBAT THE PREDATORY, UM,
LAWSUITS THAT HAVE BEEN FILED
AND I THINK THEY'RE ABUSING SOME
OF THESE LAWS. I'M HAPPY TO LET
ERIC HARRIS ADDRESS IF THERE'S A
SPACE FOR US TO BE INCLUSIVE OF
THAT, WITHIN THE LANGUAGE WITH
THE LAW, BUT THE REAL FOCUS IS
THE OPPORTUNITY THAT'S AVAILABLE
FOR SO MANY IN OUR COMMUNITY,
INCLUDING OUR SMALL BUSINESSES
TO EMPLOY INDIVIDUALS WITH
DISABILITIES, THE JOY AND
BENEFIT THAT WE HAVE AS A STATE
TO BE MORE INCLUSIVE, ALLOWS US.
TO MAKE SURE THAT WE ARE
FOCUSING ON WHAT MATTERS FOR ALL
CALIFORNIANS. I HEAR YOU WERE
CONCERNS REGARDING ACCESSIBILITY
AND THE LAWSUITS THAT HAVE BEEN
PENDING. BUT THIS IS MORE OF A
WORKGROUP FOCUSED ON HOW WE
INCREASED LABOR PARTICIPATION,
HOW WE'RE INCREASING EMPLOYMENT
FOR INDIVIDUALS WITH
DISABILITIES, BUT ALLOW ERIC
HARRIS TO ANSWER MORE. YES
ABSOLUTELY. THANK YOU.
ASSEMBLYMEMBER'S UM, THIS
WORKING GROUP THE GOAL. ONE OF
THE GOALS OF THE WORKING GROUP
IS TO BRING A LOT OF PEOPLE TO
THE TABLE WHO HAVEN'T BEEN AT
THE TABLE TOGETHER. PEOPLE WITH
DISABILITIES. PEOPLE FROM THE
LABOR FORCE. UM PEOPLE FROM THE
UNIONS ALL THE DIFFERENT SPACES
REGARDING WORKFORCE THAT ARE
REALLY IMPORTANT TO HAVE AT THE
TABLE TO BE ABLE TO HAVE THIS
CONVERSATION AND TO REALLY FOCUS
AS THE ASSEMBLY MEMBER MENTIONED
ON EMPLOYMENT FOR PEOPLE WITH
DISABILITIES. OF COURSE, THERE
ARE OTHER ISSUES THAT NEED TO BE
LOOKED AT. UM, BUT THIS SPECIFIC
WORK GROUP IS GOING TO FOCUS
PRIMARILY ON MAKING SURE THAT
PEOPLE WITH DISABILITIES HAVE
THE BEST OPPORTUNITY TO BE
EMPLOYED. GAINFULLY EMPLOYED THE
SAME WAY AS PEOPLE WITHOUT
DISABILITIES ARE IN THE STATE OF
CALIFORNIA AND TO MAKE SURE THAT
CALIFORNIA IS MORE OF A LEADER
ON THESE ISSUES, UM, IN
COMPARISON TO OTHER STATES
THROUGHOUT THE COUNTRY. I'LL
JUST NOTE THAT, UM IN THE LAW AS
DRAFTED, IT TALKS ABOUT THE
MINIMUM THINGS THE WORKGROUP
COULD DO. ONE OF THEM SAYS
IMPROVING THE EFFECTIVE
EFFECTIVE ENFORCEMENT OF CIVIL
RIGHTS LAWS. SO, UM I MEAN, IT
SEEMS TO BE A BROADER IN SCOPE.
AND SO MY QUESTION I ASK IS, IF
WE'RE GOING TO BE LOOKING AT
THINGS LIKE EFFECTIVE
ENFORCEMENT OF THE LAWS, CAN WE
ALSO LOOK AT SOME
RECOMMENDATIONS ON HOW TO DETER
OR PROTECT, UH, DETER PREDATORY
LAWSUITS OR AT LEAST PROVIDE
SOME PROTECTION TO THOSE SMALL
BUSINESSES THROUGH THE CHAIR? IF
I MAY? I'M I'M HAPPY TO TAKE
THOSE CONSIDERATIONS GOING
FORWARD. IF THIS BILL IS TO MAKE
IT THROUGH THIS COMMITTEE AND
I'D LIKE TO SUPPORT IT. SO I
JUST THINK IT COULD BE A WIN
WIN. MISS RICE. THANK YOU, MR
CHAIR. DR ARAMBULA. THANK YOU SO
MUCH FOR BRINGING THIS BILL
FORWARD. OFTENTIMES WE DON'T
KNOW THE NUMBERS OF STATISTICS.
UM AND I THINK THAT ONCE WE
RECOGNIZE THAT THE UNEMPLOYMENT
RATE IS SO MUCH GREATER, IT'S
SOMETHING WE HAVE TO ADDRESS.
THAT'S THE IMPORTANT THING HERE
. WE'RE TALKING ABOUT A WORK
GROUP THAT'S GOING TO STUDY THIS
AND HOW WE INCREASE EMPLOYMENT
AND HOW WE INCREASE
OPPORTUNITIES. ABSOLUTELY
SUPPORT THIS AND I'D LIKE TO
MOVE THIS BOAT BILL FORWARD.
THANK YOU, MS DICKSON. WE HAVE.
WELL, FIRST WE HAVE A MOTION
FROM ISRAEL'S TO HAVE A 2ND 2ND
FROM MR KALRA, MISS DIXON. THANK
YOU CHAIR AND THANK YOU, DR
RAVELL FOR BRINGING THIS FORWARD
. MY MOTHER WAS IN A WHEELCHAIR
FOR A NUMBER OF YEARS, SO I'M
VERY SYMPATHETIC TO MANY.
PROBLEMS THAT PEOPLE WHO ARE
HANDICAPPED FACE. AH IT'S
DIFFICULT WAS A DIFFICULT TIME
IN OUR LIVES. I SUPPORT YOUR
BILL. UH, I WOULD LIKE TO KNOW
WHEN YOU SPECIFICALLY TALKED
ABOUT THE WORKGROUP AND THE
COMPOSITION OF THE WORKGROUP.
YOU SPECIFICALLY DID NOT MENTION
BUSINESS OWNERS. WOULD YOU BE
OPEN TO SPECIFYING AND INCLUDING
BUSINESS, SMALL BUSINESS OWNERS
IN THE COMPOSITION OF THE WORK
GROUP? WE'RE GOING TO BE AS
INCLUSIVE AS WE CAN TO MAKE SURE
IT'S REPRESENTING THE NEEDS OF
INDIVIDUALS WITH DISABILITIES,
AND THAT WOULD BE INCLUSIVE OF
SMALL BUSINESS BECAUSE JUST AS
ASSEMBLY MEMBER SAILOR WAS
SAYING THAT LOT OF SMALL
BUSINESSES ARE AFFECTED BY THIS
AND THEY SHOULD BE. A STRONG
VOICE FOR HOW TO MAKE IT
POSSIBLE FOR HANDICAPPED PEOPLE
DISABLED PEOPLE TO BE PART OF
THEIR WORKFORCE. SO IF YOU WOULD
BE AGREEABLE, MINIMAL TO THAT,
AND I AM FULLY SUPPORTIVE OF
YOUR BILL, OFTENTIMES HAVE FOUND
THEY BECOME THE BIGGEST
CHAMPIONS FOR CHANGE AND
ADVOCATING IN THIS SPACE AS WELL
. THANK YOU BENEFIT. THANK YOU
SO MUCH. THANK YOU ANY FURTHER
QUESTIONS OR COMMENTS FROM THE
COMMITTEE? SAYING NONE. REGULAR
MAKE CLOTHES. THANK YOU, MR
CHAIR. I RESPECTFULLY ASK FOR
AND I VOTE. THANK YOU. THANK YOU
FOR THIS IMPORTANT BILL, UH, TO
MAKE SURE THAT WE'RE HAVING
BEING AS INCLUSIVE AS WE CAN IN
THIS STATE. I THINK YOU'RE
SHOWING YOUR ABILITY TO WORKING
WITH PEOPLE REALLY ACROSS THE
SPECTRUM IS IMPORTANT. SO THANK
YOU FOR THAT AND PLEASED TO
ENJOY A RECOMMENDATION. THE
MOTION IS DUE PASSES AMENDED TO
APPROACH AH, AND ASK THE CLERK
TO PLEASE CALL THE ROLL.
MAIENSCHEIN MAIENSCHEIN I, SALLY
I CONNOLLY DICKSON DICKSON. I
HANEY CHOLERA! CHOLERA I PACHECO
CHECCO EYE POPPING AND I RAISE
RAISE I RIVAS. SANCHEZ. MOTION
PASSES. THANK YOU.
I'M LOOKING FOR AN AUTHOR. WE
ARE TOO EARLY IN THE YEAR TO NOT
HAVE ANOTHER. TAKE ONE AND
HELICOPTER. MR KALRA, YOU'RE
STARTING TO LOOK LIKE THE AUTHOR
OF THE NEXT BUILDING. YEAH.
OKAY?
OKAY NOW WE WILL TAKE UP
ASSEMBLY BILL 357 BY SOMEONE,
MAIENSCHEIN, UM. SIR THE FLOOR
IS YOURS. THANK YOU VERY MUCH.
MR CHAIRMAN MEMBERS. I'D LIKE TO
START BY MAYBE NOT SURPRISINGLY
, ACCEPTING THE COMMITTEE
AMENDMENTS A B 3 57 WOULD UPDATE
CALIFORNIA'S OUTDATED ANIMAL
TESTING FACILITIES LAWS TO
REFLECT THE IMPROVEMENTS IN
SCIENCE AND UPDATED GUIDANCE
FROM GOVERNING BODIES THAT HAVE
OCCURRED SINCE THE ORIGINAL LAW
WAS ENACTED 23 YEARS AGO. UNDER
THIS BILL, ALTERNATIVE ANIMAL
TEST METHODS WILL BE REQUIRED
WHEN THEY ARE AVAILABLE DEEMED
ACCEPTABLE BY THE REGULATING
AGENCY AND PROVIDE INFORMATION
OF EQUIVALENT OR BETTER
SCIENTIFIC QUALITY THAN THAT, UH
THAN WHAT THE ANIMAL TESTING
METHOD PROVIDES. IF AN
APPROPRIATE ALTERNATIVE TEST
STRATEGY IS NOT AVAILABLE, A
TESTING FACILITY MAY CONTINUE TO
USE TRADITIONAL ANIMAL TESTING
METHODS. FOLLOWING A SET OF
STANDARDS, INCLUDING USING THE
FEWEST NUMBER OF ANIMALS
POSSIBLE AND DOING THE LEAST
AMOUNT OF HARM TO THOSE ANIMALS
. THE BILL WOULD ALSO REQUIRE
MANUFACTURERS AND CONTRACT
TESTING FACILITIES WHO USE
TRADITIONAL ANIMAL TEST METHODS
TO REPORT TO THE A G REGARDING
THEIR USE OF ANIMAL TESTING. I
TOOK AMENDMENTS LAST WEEK THAT
ADDRESSED THE OPPOSITION'S
CONCERNS, INCLUDING AN AMENDMENT
TO PROTECT RESEARCHERS. THE
AMENDMENTS CLARIFY THAT NO
PERSONAL INFORMATION OR
CONFIDENTIAL INFORMATION WILL BE
SHARED AS I'VE INDICATED TO THE
OPPOSITION WHO FIRST APPROACHED
ME YESTERDAY, I LOOK FORWARD TO
CONTINUING CONVERSATIONS WITH
THEM. MAYBE TO BE CLEAR. A B 357
IS NOT SEEKING TO BAN ANIMAL
TESTING ALTOGETHER. IT WILL
ENSURE THAT IF AN APPROPRIATE
ALTERNATIVE TEST TEST METHOD
THAT IS AVAILABLE, IT IS BEING
UTILIZED. AND RESPECTFULLY ASK
FOR YOUR I VOTE AND HERE TO
TESTIFY AS JENNY BERG, THE
CALIFORNIA STATE DIRECTOR FOR
THE HUMANE SOCIETY. AND MONICA
IN BRITAIN, HEAD OF PUBLIC
AFFAIRS FOR CRUELTY FREE
INTERNATIONAL THANK YOU, CHAIR
AND MEMBERS OF THE COMMITTEE. MY
NAME IS JENNY BERG AND I'M, THE
CALIFORNIA STATE DIRECTOR FOR
THE HUMANE SOCIETY OF THE UNITED
STATES. AND I RESPECTFULLY
REQUEST YOUR SUPPORT FOR A B
357. LEGISLATION UPDATES
CALIFORNIA'S OUTDATED
ALTERNATIVE ALTERNATIVE TESTING
LAWS. MAYBE 357 WOULD ENSURE
ALTERNATIVE TO ANIMAL TESTING
ARE UTILIZED ONLY WHEN THEY ARE
ACCEPTED BY THE RELEVANT FEDERAL
REGULATING AGENCY AND PROVIDE
INFORMATION. HAVE EQUIVALENT OR
BETTER SCIENTIFIC QUALITY AND
RELEVANCE FOR THE INTENDED
PURPOSE. 83 57 ALSO EXPANDS THE
TYPES OF PRODUCTS TO WHICH THE
LAW APPLIES AND REQUIRES
REPORTING ON THE USE OF
ALTERNATIVE TEST METHODS. THE
BILL EXEMPTS BIOMEDICAL RESEARCH
ON ANIMALS DONE TO INVESTIGATE
DISEASE AND EXPAND FUNDAMENTAL
SCIENTIFIC KNOWLEDGE. THE BELL
ALSO AND THIS IS KEY DOES NOT
PROHIBIT TRADITIONAL ANIMAL
TESTING. EVEN APPROVED
ALTERNATIVE TEST METHOD IS NOT
AVAILABLE OR A FEDERAL AGENCY
STILL REQUIRES AN ANIMAL TEST.
THE LAW ALLOWS THE USE OF SUCH
TESTS AND THIS IS IN ALL
CIRCUMSTANCES. SO WHY IS THE
UPDATE TO THE LAW IMPORTANT
SCIENCE IS RAPIDLY MOVING AWAY
FROM OUT DATED ANIMAL TESTS AS
FASTER, LESS EXPENSIVE. AND MORE
HUMAN. RELEVANT ALTERNATIVE
METHODS ARE AVAILABLE, AS NOTED
IN THE COMMITTEE ANALYSIS.
ANIMAL TESTS ARE NO LONGER THE
GOLD STANDARD, UH AND CONTAINS
THE SCIENTIFIC LIMITATIONS.
DIFFERENT SPECIES CAN RESPOND
DIFFERENTLY WHEN EXPOSED TO THE
SAME CHEMICALS MEETING THAT THE
ANIMAL TESTS MAY NOT ACCURATELY
REPRESENT HUMAN HEALTH HAZARDS.
MORE THAN 90% OF HUMID DRUGS
FAIL DURING CLINICAL TRIALS
AFTER HAVING COMPLETED EXTENSIVE
ANIMAL STUDIES DUE TO UNEXPECTED
, UNEXPECTED TOXICITY AND HUMAN
PATIENTS OR LACK OF EFFICACY.
ALTERNATIVE METHODS, HOWEVER,
SUCH AS HUMAN SAL BASED TESTS
AND ADVANCED COMPUTER MODELS ARE
MUCH MORE LIKELY TO PROVIDE
RESULTS THAT PRODUCE PREDICT
HUMAN RESPONSES. A B 3571 SURE,
NEW TESTING STRATEGIES ARE USED
AS SOON AS THEY ARE APPROVED BY
FEDERAL REGULATORS, SOLIDIFYING
CALIFORNIA'S POSITION AS A
SCIENTIFIC AND TECHNICAL
TECHNOLOGICAL LEADER AND NON
ANIMAL ALTERNATIVES. THE
OPPOSITION TO THIS BILL
CONTINUES TO CITE COMMITMENT TO
THE THREE RS. REPLACE REDUCE AND
REFINE THE FIRST AS LISTED IN
THE OPPOSITION'S LETTER IS TO
REPLACE ANIMAL YOUTH AND THEN
EXPERIMENT AS LONG AS ADEQUATE
ALTERNATIVES ARE AVAILABLE,
WHICH IS PRECISELY WHAT THIS
BILL DICTATES. A B 357 SIMPLY
ASKED INDUSTRY TO ADHERE TO THE
THREE RS, WHICH WILL ENSURE THE
REPLACEMENT OF OUTDATED ANIMAL
TESTS WITH MODERN METHODS AS
SOON AS THEY ARE SCIENTIFICALLY
APPROPRIATE. WE KINDLY RESPECT
REQUEST YOUR I VOTE AND THANK
YOU. THANK YOU. UM THANK YOU.
COMMITTEE. MY NAME IS MONICA
ENGEBRETSEN ON BEHALF OF CRUELTY
FOR INTERNATIONAL, AN
ORGANIZATION THAT WORKS TO
PROMOTE NON ANIMAL TESTING
METHODS AROUND THE WORLD, AND WE
SPEAK IN SUPPORT OF A B 3 57.
NEARLY EVERYONE CAN AGREE THAT
WHEN AN ALTERNATIVE TO THE USE
OF ANIMALS TESTS EXIST, THAT IT
SHOULD BE USED, AND IT MAY BE
COMMONLY ASSUMED THAT ONCE A NON
ANIMAL ALTERNATIVE TEST IS
AVAILABLE THAT TESTS NO LONGER
OCCUR, OR AT LEAST RARELY IN THE
ANIMALS. THE REALITY IS THAT
SUCH ANIMAL TESTS CAN PERSIST
AND EVEN INCREASE LONG AFTER THE
ADOPTION OF A SUITABLE
ALTERNATIVE. FOR EXAMPLE,
CRUELTY FREE INTERNATIONAL HAS
CREATED A LIST OF 10 REGULATORY
ANIMAL TESTS. THAT ARE STILL
CONDUCTED IN THE US DESPITE
HAVING VALID NON ANIMAL
REPLACEMENTS. SUCH TESTS ARE
LONG OVERDUE FOR REPLACEMENT.
THE REASONS WHY AN ANIMAL TEST
PERSISTS ARE OFTEN NOT
SCIENTIFIC. THERE MAY BE
UNCERTAINTY OR CONFUSION ABOUT
THE ACCEPTABILITY OF THE
ALTERNATIVE METHOD OR
MANUFACTURERS AND DEVELOPERS MAY
ASSUME THAT IT'S THE QUICKEST
ROUTE TO APPROVAL OR IT MAY JUST
SEEM EASIER AND MORE COMFORTABLE
TO DO WHAT HAS ALWAYS BEEN DONE
. BUT THESE ARE NOT
UNSURMOUNTABLE OR AND THEY DO
NOT ALONE JUSTIFY THE CONTINUED
USE OF ANIMALS. FOR DECADES, THE
UK AND THE EU HAVE HAD MANDATED
ALTERNATIVE LAWS THAT REQUIRE
THAT THOSE THAT PERFORM ANIMAL
TESTS ACROSS ALL SECTORS TO
APPLY FOR A PROJECT LICENSE.
PART OF THAT PERMIT IS THAT THE
NUMBER OF ANIMALS USED AND THE
REASON FOR THEIR USE IS RECORDED
AND PUBLICLY AVAILABLE. THIS
INCLUDES RATS, MICE AND FISH.
THIS INFORMATION IS SEEING AS
KEY TO DRIVING THE THREE HOURS
AND INCLUDING THE REPLACEMENT
INNOVATION AND FOR MEETING THE
PUBLIC'S EXPECTATION FOR THE
REPLACEMENT OF THE USE OF
ANIMALS AND TESTING WHEREVER
POSSIBLE. THE REPORTING
REQUIREMENTS REQUIRED IN THIS
BILL WILL IDENTIFY IF WHAT AND
WHY OUTDATED TESTS ARE STILL
BEING USED IN CALIFORNIA AND
HELPED TO COMPLETE THAT
REPLACEMENT PROCESS FOR BOTH
SCIENTIFIC AND ETHICAL REASONS.
I URGE YOUR SUPPORT. THANK YOU.
ARE THERE ANY ADDITIONAL
WITNESSES IN SUPPORT? PLEASE
APPROACH THE MC STATE, YOUR
NAME, ORGANIZATION AND POSITION.
THANK YOU. MY NAME IS NICHOLAS
SOCKET REPRESENTING SOCIAL
COMPASSION IN LEGISLATION IN
SUPPORT. MEMBERS OFTEN WEBSTER
WITH W STRATEGIES ON BEHALF OF
THE ANIMAL LEGAL DEFENSE FUND IN
SUPPORT. THANK YOU. ARE THERE
ANY MAIN WITNESSES AND
OPPOSITION? WE'LL TAKE TWO
WITNESSES IN OPPOSITION.
GOOD MORNING, MR VICE CHAIR
MEMBERS DHINGRA FELLOW ON BEHALF
OF THE CALIFORNIA LIFE SCIENCES.
WE HAVE A POSITION OF OPPOSED ON
A B 357. THANK YOU, CHAIRMAN
SHINE. WE APPRECIATE YOUR OFFER
TO WORK DIRECTLY WITH US TO
ADDRESS THE ISSUES WE LAID OUT
IN OUR POST LETTER. IN
PARTICULAR, WE HOPE THE SAME
LOGIC AND REASONABLENESS.
DEALING WITH THE SAME SUBJECT ON
RECENTLY PASSED LEGISLATION. IS
A MODEL THAT CAN BE APPLIED TO
YOUR BILL. NAMELY EXEMPTING LIFE
SCIENCES TO AVOID COSTLY AND
LENGTHY DELAYS IN THE
DEVELOPMENT OF LIFESAVING CURES
AND TREATMENTS. TO THE BILL AT
HAND AND FOR THE COMMITTEE
ANALYSIS. YES LAST YEAR, THE
SAME SPONSOR LED SP 879. WHICH
TOOK INTO EFFECT JUST 73 DAYS
AGO. MAKE NO MISTAKE. THAT BILL
WAS SIGNED INTO LAW BECAUSE THE
LIFE SCIENCES WERE EXEMPTED
EXEMPTED FROM THE BILL. IN OTHER
WORDS, JUST LAST YEAR, THIS
LEGISLATURE HAS ALREADY OPINED
THAT THE LIFE SCIENCES SHOULD BE
EXEMPTED FROM PROHIBITIONS ON
ANIMAL TESTING. THIS LEGISLATURE
HAS ALREADY CAREFULLY BALANCED
BEING HUMANE TO ANIMALS IN THE
MOST RESPONSIBLE AND SAFE MANNER
FOR TESTING WHILE BRINGING TO
MARKET TREATMENTS, MEDICAL
DEVICES AND VACCINES FOR ANIMALS
AND HUMANS THAT EXTENDER SAVE
LIVES. FOR THESE REASONS, AS
WELL AS THE REASONS IN OUR
LETTER. WE OPPOSE A B 357 AND
HERE TO ANSWER ANY PROTECT
POTENTIAL TECHNICAL QUESTIONS,
IS THE DIRECTOR OF POLICY AT THE
CALIFORNIA LIFE SCIENCES,
STEPHEN CUTIE, PHD IN BIOLOGY,
BIOENGINEERING FROM UCSF AND
BERKELEY. THANK YOU. THANK YOU,
MR CHAIRMAN AND MEMBERS. I'M
WIRETAP ON BEHALF OF BIO COM.
CALIFORNIA TRADE ASSOCIATION OF
LIFE SCIENCES COMPANIES. WE
SHARE OUR CONCERNS AND OUR
OPPOSITION WITH, UM CALIFORNIA
LIFE SCIENCES. UM ARE COMPANIES
DO NOT I WANT TO BE TESTING ON
ANIMALS WHEN THERE ARE
OPPORTUNITIES AND OF, UM UH,
APPROVED VALID TESTS. WE USE
THEM TESTING ON ANIMALS IS
EXPENSIVE. IT IS NOT OUR FIRST
CHOICE, BUT THE SAFETY AND
EFFICACY OF OUR, UM DRUGS AND
PRODUCTS IS OUR NUMBER ONE
PRIORITY, AND SOMETIMES ANIMAL
TESTING IS ABSOLUTELY REQUIRED
IN ORDER TO ENSURE SAFETY AND
EFFICACY. AND IT IN THIS BILL,
SAFETY AND EFFICACY. UM PURPOSES
, TESTING ARE EXPLICITLY
EXCLUDED. UM FROM OUR ABILITY TO
USE ANIMAL TESTING, AND WE THINK
THAT'S HUGELY PROBLEMATIC. UM WE
AGAIN WE DO IT. WE ALSO
APPRECIATE. UM WE'VE HAD
NUMEROUS MEETINGS WITH, UM WITH
THE AUTHOR STAFF. WE LOOK
FORWARD TO CONTINUE DIALOGUE. WE
VERY MUCH APPRECIATE THE CHAIRS
, WILLINGNESS TO WORK WITH US.
WE'LL CONTINUE TO DO SO AND BUT
FOR THE MOMENT, WE DO THINK THE
BILL IS PROBLEMATIC AND WE ASK
FOR YOUR NO VOTE. THANK YOU. ARE
THERE ANY ADDITIONAL WITNESSES
AND OPPOSITION, PLEASE? STATE,
YOUR NAME, ORGANIZATION AND
POSITION. ASSEMBLY HAPPENS.
ANIMAL HEALTH INSTITUTE WE LOOK
FORWARD WITH THE AUTHOR AND THE
SPONSORS ON AMENDMENTS THAT
HOPEFULLY ADDRESS OUR CONCERNS
TO THIS BILL. DEAN TAYLOR WITH
THE CALIFORNIA MANUFACTURERS AND
TECHNOLOGY ASSOCIATION
RESPECTFULLY OPPOSED. THANK YOU
SEEING NO OTHER WITNESSES. ARE
THERE ANY QUESTIONS FROM
COMMITTEE MEMBERS? YES. SO I
WANNA THANK THE ASSEMBLY MEMBER
FOR BRINGING THIS BILL ON AN
EFFORT. YOU KNOW, DOING ALL THAT
YOU CAN, BUT I HAVE. MY QUESTION
IS, UM WHAT ARE YOUR? WHAT ARE
YOUR THOUGHTS AS TO THE
OPPOSITION? UM IS THERE A WAY TO
EXEMPT THE LIFE SCIENCES? IS
THERE A REASON FOR NOT SURE WE
WILL CONTINUE TO WORK WITH THEM
. YOU KNOW, THEY APPROACHED ME
FOR THE FIRST TIME YESTERDAY. WE
ASKED FOR AMENDMENTS. THEY HAVE
NOT PROVIDED ANY AMENDMENTS. SO
WE'RE LOOKING FORWARD TO SEEING
THOSE SHOULD THEY CHOOSE TO DO
SO? SO WE'LL CONTINUE TO SIT
DOWN ON THIS BILL IS THERE'S NOT
AN INTENT TO ELIMINATE ANIMAL
TESTING. IN FACT, WE THE
LANGUAGE THAT'S CHOSEN TO DATE
HAS BEEN TO EXCLUDE BIOMEDICAL
RESEARCH. IF THERE IS A MORE
TECHNICAL DEFINITION THAT GETS
SET THE SAME ISSUE THAT THEY'RE
RAISING. I THINK THAT'S
SOMETHING OBVIOUSLY, THAT I
WOULD CONSIDER, SO I'VE WORKED
WITH THEM ON THESE BILLS BEFORE
, UM, THAT I'VE DONE DURING MY
TENURE HERE ARE PARTICULARLY FOR
ANIMAL RIGHTS. I THINK IT'S
IMPORTANT. I MEAN, THE INTENT OF
THE BILL IS IF THERE IS A LESS
CRUEL ALTERNATIVE. THE STATE
CALIFORNIA SHOULD SHOULD USE
THAT. I THINK THAT'S A
REASONABLE UH UM, POSITION WILL
WORK WITH THEM ON THE TECHNICAL
PARTS OF IT. I'M GLAD TO SEE
THEIR INVOLVEMENT AT THIS POINT,
SO WE'LL LOOK FORWARD TO SITTING
DOWN WITH THEM. THANK YOU AND I
AND I AND I THANK YOU FOR YOUR
WILLINGNESS TO WORK WITH THEM.
GO TO HANEY AND THEN SANCHEZ AND
THEN DIXON. THANK YOU CHAIR AND
THANK YOU. OTHER CHAIR
ASSEMBLYMEMBER'S FOR YOUR
LEADERSHIP ON THIS AND YOU'RE
VERY NOBLE EFFORTS TO PROTECT
ANIMALS FROM FROM UNNECESSARY
TESTING. I DEFINITELY AGREE
OVERALL WITH THE WITH THE, UH,
THE GOAL HERE. I HAD A SIMILAR
QUESTION ABOUT SOME OF THE
CONCERNS THAT WERE RAISED AND
APPRECIATE YOUR WILLINGNESS TO
WORK WITH FOLKS AROUND SOME OF
THE IMPACTS AND OBVIOUSLY WE
WANT TO PROTECT ANIMALS. WE ALSO
WANT TO PROTECT PEOPLE. AND IF
LIFE SAVING DRUGS CAN HELP
PEOPLE SAVE PEOPLE LIVE, HOW WE
WANT TO MAKE SURE THAT WE'RE NOT
DOING ANYTHING THAT WOULD GET IN
THE WAY OF THAT, UM, QUESTIONS
THAT I ALSO HAD RELATED TO THE
QUESTIONS RAISED PREVIOUSLY. ARE
ON ANY POTENTIAL DELAY THAT THIS
COULD CAUSE. SO IF THERE IS AN
URGENCY TO COME UP WITH A DRUG
OR OR A LIFESAVING TREATMENT, UH
AND THERE NEEDS TO BE SOME
ADDITIONAL STEPS AROUND
APPROVALS. IS THERE AN URGENCY
OR OR EVEN NOT NECESSARILY
APPROVALS BUT DETERMINING
WHETHER ALTERNATIVES ARE
AVAILABLE WITH THIS? GET IN THE
WAY IN SOME WAY OF US BE ABLE TO
MOVE QUICK ENOUGH TO BE ABLE TO
IDENTIFY LIFESAVING TREATMENTS.
FIRST OFF THANK YOU FOR YOUR
COMMENTS. THERE'S NOTHING IN
THIS THAT WOULD IN ANY WAY THE
INTENT OF THIS BILL IS TO IN NO
WAY INHIBIT THE PRODUCTION. THE
DISCOVERY PRODUCTION OF
MEDICINES THAT WOULD PREVENT
DISEASE. WE'VE ACTUALLY SPELLED
THAT OUT THAT THAT'S ONE OF THE
INTENSIVE TO MAKE SURE THAT WE
DON'T DO THAT SO AGAIN AS WE
CONTINUE IF THERE'S DEFINITIONS
THAT WE NEED TO REFINE TO MAKE
SURE THAT THAT DOESN'T HAPPEN,
WHETHER IT'S THE NEXT, YOU KNOW
COVID 19, OR WHETHER IT'S ALL
THE DISEASES YOU KNOW, BUT BY
THESE COMPANIES BY AND LARGE ARE
IN MY DISTRICT SO I'M PROUD OF
THE WORK THAT THEY DO. THEY DO
GREAT WORK, AND WE WANT TO MAKE
SURE THAT THEY CONTINUE TO BE
ABLE TO DO THAT WORK THAT IT'S
REALLY THE INTENT OF THE BILL IS
TO HAVE A NARROW FOCUS IS IF
THERE IS A LESS CRUEL
ALTERNATIVE THAT SHOULD BE
PURSUED AGAIN. I'LL GO. YOU
KNOW, I SAY, I THINK THAT'S A
REALLY REASONABLE PREMISE AND
SOMETHING THAT I'M PERSONALLY
PROUD TO PURSUE, SO WE'LL MAKE
SURE THAT THERE'S NOT AS WE GO
THROUGH THIS PROCESS. THERE'S
NOTHING THAT WOULD THAT WOULD
COME IN THE WAY OF PRODUCING
LIFESAVING DISEASE. WE WANT TO
DO THAT. WE WANT THESE COMPANIES
TO PRODUCE MORE AND MORE OF THEM
TO MAKE SURE THAT WE'RE
PROTECTING NOT JUST CALIFORNIANS
, BUT WE PROTECT THE WORLD.
ABSOLUTELY. THANK YOU. THANK YOU
FOR YOUR COMMITMENT AND
LEADERSHIP. APPRECIATE IT. THANK
YOU, SAM. LU█N SANCHEZ? SURE,
ACTUALLY, THIS IS MY QUESTION IS
FOR THE OPPOSITION. UM AND I'D
LIKE TO HEAR ABOUT THE IMPACT
THAT THIS BILL WOULD HAVE ON OUR
HIGHER ED AND RESEARCH
INSTITUTIONS THAT ARE HEAVILY
INVESTED BIOMED RESEARCH. YEAH
SO I CAN TAKE THAT. SO THE BILL
SORT OF SAYS THAT EXEMPTS
BIOMEDICAL SCIENCES, BUT
FUNCTIONALLY RIGHT BY CARVING
OUT MICE, OTHER RODENTS, COLD
BLOODED FISH. THAT'S THE BREAD
AND BUTTER BIOMEDICAL SCIENCE,
NOT JUST AN INDUSTRY BUT ALSO IN
ACADEMIA, SO THAT WOULD POSE A
SERIOUS PROBLEM FOR JUST BASIC
BIOMEDICAL SCIENCE IN IN
CALIFORNIA LIKE OUR OUR GLOBAL
LEADERSHIP. SO MAYBE A NAME BY
MEDICAL SCIENTISTS KIND OF
EXEMPTED, BUT IN PRACTICE SAFETY
AND EFFICACY, EFFICACY TESTING
USING THOSE ANIMALS FOR DRUGS
FOR VACCINES FOR OTHER MEDICAL
PRODUCTS WOULD BE NOT COUNTED.
SO THAT'S A SERIOUS PROBLEM.
CERTAINLY ONE MINUTE. JUST ADD,
UM THE INSTITUTIONS THAT YOU'RE
REFERRING TO. THEY DON'T HAVE A
FORMAL POSITION ON THE BILL
TODAY, BUT THEY ARE LOOKING AT
THIS VERY CLOSELY. HEY, DID YOU
WANT TO RESPOND OR YOU. LOOK AT
ME, MR MR YOU WANTED TO,
ACTUALLY WOULD I MEAN TO JUST TO
BE CLEAR IT DOESN'T SORT OF, SAY
BIOMEDICAL RESEARCH IS EXEMPT.
IT SELLS BIOMEDICAL RESEARCH IS
EXEMPT. SO UH, SOME A IT
ACTUALLY SAYS IT'S SPECIFICALLY
BUT BE AS I'LL REITERATE AGAIN.
WE WILL CONTINUE TO WORK TO
REFINE THE DEFINITIONS AS
NECESSARY. BUT IT DOESN'T SORT
OF SAY THAT JUST SAY THAT
UNIVERSITY IS IN COMMUNITY
COLLEGE TYPICALLY CONDUCT
BIOMEDICAL RESEARCH, SO THEY
WOULDN'T BE IMPACTED BY THIS.
OKAY, GOING NEXT. I HAVE
ASSEMBLYWOMAN DIXON AND THEN
RAISE THANK YOU. LET ME AND
THANK YOU. UM I AM CERTAINLY
ENJOYING MANY, MANY MILLIONS OF
PEOPLE. I'VE ALWAYS HAD DOGS ALL
MY LIFE, SO I'M VERY SENSITIVE
TO ANIMALS, BUT I'M ALSO WANT TO
PROTECT LIVES AND MAKE SURE THAT
WE ARE NOT IMPEDING. MEDICAL
RESEARCH EVEN INTO ORPHAN
DISEASES. ACTUALLY MY MOTHER HAD
AN ORPHAN DISEASE WHO WAS IN A
WHEELCHAIR, BUT, UM OTHER
QUESTIONS HAVE ADDRESSED THIS,
BUT, UH, SPECIFICALLY ON
VETERINARY MEDICINE. COULD
SOMEONE COMMENTED, WILL THIS
IMPEDE THE RESEARCH ON ANIMALS
FOR VETTING EXCLUSIVELY FOR
VETERINARY MEDICINE RESEARCH?
BECAUSE IF YOU CAN'T RESEARCH
ANIMALS TO TREAT ANIMALS, WELL,
THE ALTERNATIVE METHODS SUFFICE.
GO AHEAD. SO WHAT THEY'RE
TALKING ABOUT IS THE REGULATORY
TESTS. SO IF UM VETERINARY DRUGS
ARE THERE'S REGULATORY TESTS
THAT REQUIRED FOR THOSE DRUGS IF
THEY REQUIRED ANIMALS, THE BILL
WOULD ALLOW THAT, IF THE FOR THE
APPROVAL OF THE DRUG DIDN'T
REQUIRE A ANIMAL TEST, AND THERE
WAS AN ALTERNATIVE, THEN IT
WOULD HAVE TO BE USED. SO THAT
DRUGS ARE STILL TESTED ON
ANIMALS AND THE APPROVAL BODIES
THAT REQUIRE ANIMAL TESTS IF
THEY'RE STILL REQUIRING THOSE
TESTS TO BE USED, THEN THAT
WOULD BE THE CASE. IT WOULD NOT
CHANGE RIGHT UNLESS DURING THE
DEVELOPMENT OF A DRUG FOR THEN,
SOMETIMES THERE'S ANIMAL TESTS
THAT AREN'T NECESSARY. THEY CAN
USE THE ALTERNATIVES. AND THEN
THAT WOULD BE THE CASE. LIKE A
VETERINARY BATCH TEST CLEAR
BLACK AND WHITE TERMS. CAN
ANIMALS BE USED IN THE TESTING
AND DEVELOPMENT OF RESEARCH?
ANIMAL SCIENCE? YES. OKAY AND
THEN COULD YOU JUST EXPLAIN TO
ME SOMEBODY BROUGHT UP THE
COMMENT ABOUT THE EXCLUSION FOR
RATS, MICE AND ZEBRAFISH? IS
THAT A CRITICAL CLASS TO PROTECT
AND NOT RESEARCH? UM I MEAN, WE
JUST HAVE GONE THROUGH A
PANDEMIC AND THERE'VE BEEN
ASSERTIONS OF CERTAIN RODENTS
THAT MAY HAVE BEEN CONTRIBUTING
TO THE PANDEMIC. SO ARE WE GOING
TO EXCLUDE THEM FROM TESTING
THOSE ANIMALS ONLY IF THERE IS
AN ALTERNATIVE METHOD THAT
EXISTS, BUT THERE MAY NOT BE
THEN YOU THERE THERE IS NOT
THERE NOT EXCLUDED. OKAY OKAY.
VERY GOOD. THANK YOU. THANK YOU
FOR PROTECTING ANIMAL RIGHTS.
HMM. MS REYES. THANK YOU.
QUESTIONS IN THE COMMENTS THAT I
HAD IN MY NOTES HAVE BEEN
ADDRESSED. I APPRECIATE THAT.
YOU HAVE TRIED TO CRAFT THE
LANGUAGE IN THIS AS PRECISELY AS
POSSIBLE. I DO APPRECIATE AS
OTHERS HAVE MENTIONED THE FACT
THAT, UM YOU RECOGNIZE THAT NOW
THAT THE DIALOGUE HAS STARTED
AND THERE WILL BE DISCUSSIONS,
BUT I WANT TO SAY THANK YOU. I'M
GLAD YOU'RE THE AUTHOR OF THIS
BILL. ESPECIALLY BECAUSE YOU
RECOGNIZE HOW IMPORTANT THIS IS
ESPECIALLY IN YOUR DISTRICT. I'M
GLAD YOU'RE THE AUTHOR. UM AND
WANT TO END WITH THAT. THANK
YOU. THANK YOU, MR AS MS PABON.
THANK YOU FOR CARRYING THE BILL.
I APPRECIATE THAT, AND I
APPRECIATE THE BALANCE THAT
WE'RE TRYING TO STRIKE HERE
BETWEEN EFFECTIVE RESEARCH AND
PROTECTING ANIMALS. UM I HAVE. I
THINK, PERHAPS MAYBE A COMMENT
MORE THAN A QUESTION, BUT I WANT
AS THE AUTHOR HAS ILLUSTRATED
THAT HE'S VERY AMENABLE TO
FINDING A WORKING SOLUTION AS WE
GO FORWARD. SOME OF THE THINGS
THAT STAND OUT TO ME AND MY
MINDERS FOLLOWS THE DEVIL IS
GOING TO BE IN THE DETAILS AS TO
WHO DETERMINES WHAT A VIABLE
ALTERNATIVE TEST IS WITHIN A
REASONABLE TIMEFRAME. I THINK
SOMEBODY ELSE ASKED ABOUT HOW
LONG WOULD IT TAKE? UM SCIENCE.
CAN BE MOST HELPFUL WHEN IT
MOVES QUICKLY. AND SO FOR ME, I
WANTED TO MOVE BOTH EFFECTIVELY
AND QUICKLY, AND SO I AM IN THIS
BILL AS IT IS RIGHT NOW. I'M NOT
SAYING WHO DETERMINES WHAT A
VIABLE ALTERNATIVE TEST IS. SO I
WORRY ABOUT THAT. I WORRY ABOUT
TESTS THAT GET CONDUCTED. AND
THEN THE FDA SAYS, WELL, WE
DON'T CONSIDER THAT TO BE A
SUFFICIENT TESTING. YOU'RE OUT.
IN THE MEANTIME, DISEASES NEED
TO BE ADDRESSED. I KNOW SOMEBODY
MEMBER MANAGER AND YOU ARE WELL
AWARE OF THIS. I KNOW I'M
PREACHING TO THE CHOIR. I JUST
WANTED, YOU KNOW MY RESERVATIONS
IN THAT REGARD. THE OTHER THING
I'M WORRIED ABOUT. IS THIS
REPORTING IDEA REPORTING TO THE
A G AND WHAT? WHAT DOES THAT
SHOW US? I THAT IS CONFUSING TO
ME AND I WORRY ABOUT. I
APPRECIATE THE PRIVACY OF
INDIVIDUALS WELL AWARE OF THAT
PART OF IT. BUT I DON'T KNOW
ABOUT THE REPORTING PARTY. I
WANT YOU TO KNOW I'M I'M A BIT
UNCOMFORTABLE WITH IT. UH THESE
INDUSTRIES ARE HIGHLY REGULATED.
CALIFORNIA HAS SOME OF THE
STRONGEST LAWS AS IT RELATES TO
ANIMAL TESTING, SO WITHIN THOSE
CONFINES, I APPRECIATE YOU
WORKING TOGETHER. BUT THOSE ARE
THE THINGS I'M GONNA BE LOOKING
FOR. THANK YOU FOR YOUR
CONSIDERATION OF THEM, AND IF
ANYBODY WANTS TO HIGHLIGHT THAT
THOSE SHOULDN'T BE CONCERNS. I'M
READY TO BE ENLIGHTENED
ASSEMBLYMAN. CHOLERA THANK YOU,
MR CHAIR, AND THANK YOU,
CHAIRMAN SHANE FOR BRINGING THIS
FORWARD. I THINK THAT WHENEVER
WE HAD THE OPPORTUNITY TO REDUCE
SUFFERING, BUT WE SHOULD, UH AND
I ALSO UNDERSTAND, UM, YOUR
SENSITIVITY. TO ENSURING WE'RE
NOT IMPEDING MEDICAL RESEARCH,
ENSURING OUR INDUSTRIES ARE
HEALTHY. ECONOMICALLY UM AND IN
TERMS OF INNOVATION, AND I DO
BELIEVE THAT LEGISLATION OF THIS
CAN ALSO SPUR FURTHER USE OF
TECHNOLOGY AND ADVANCES IN
RESEARCH AS WELL. AND SO FOR
THOSE REASONS I SUPPORT THE
BILL, AND IF IT'S OKAY WITH YOU,
I'D LOVE TO JOIN AS A CO AUTHOR.
ABSOLUTELY. THANK YOU, MR CHAIR.
THE LAST MEMBER WOULD BE MR CALI
. DO YOU HAVE ANY QUESTIONS?
OKAY MR. EVERYONE, JUST ASK A
FOLLOW UP QUESTION. SO I WANT TO
UNDERSTAND FROM THE OPPOSITION
DID THIS IS DISCUSSIONS SATISFY
YOU? I MEAN, THE LIFE SCIENCES
ARE NOT PROHIBITED. I AM
CONCERNED ABOUT THE A G ISSUE
THAT UM ASSEMBLYMEMBER'S
HAPPENED TALKED ABOUT HOW DO YOU
FEEL ABOUT THE POSSIBILITY FOR
AMENDMENTS? GOING FORWARD. THANK
YOU. WE CERTAINLY LOOK FORWARD
TO THE TO THE DIALOGUE. THE BILL
DOES INCLUDE AN EXEMPTION, BUT
THEN THERE'S AN EXEMPTION TO THE
EXEMPTION. THAT IS VERY
TROUBLING TO US. AND SO WE THINK
THAT THE LANGUAGE NEEDS NEEDS A
LOT OF WORK. BUT WE'RE EARLY IN
THE PROCESS AND WE LOOK FORWARD
TO THE DIALOGUE. BUT RIGHT NOW
THAT IT DOES NOT NOT THERE,
CORRECT. OKAY, BUT
ASSEMBLYMEMBER'S WHETHER WE
CONTINUE DISCUSSIONS YES, THEIR
WELL BEING CONTINUED DISCUSSIONS
. YEAH THAT WILL RESOLVE IN SOME
OF THESE RESOLVE THESE DISPARATE
ISSUES. OKAY VERY GOOD. THANK
YOU. ASSEMBLYMEMBER'S WOULD YOU
LIKE TO CLOSE? THANK YOU VERY
MUCH, MR SALIH. UH YES, I UH, AS
I'VE SAID, WE'LL CONTINUE TO
WORK THROUGH THESE ISSUES. THIS
IS A IMPORTANT FIRST STEP, I
THINK. BUT WE'VE STILL GOT SOME
WORK AHEAD OF US. AND WE LOOK
FORWARD TO ENGAGING ON THIS. AND
WITH THAT, I ASKED FOR AN I
VOTE. IS THERE A MOTION? MOVED
BY REYES SECONDED. CARLA
COLORADO, AND THEN WE'LL CALL
THE VOTE. MOTION IS DUE PASSES
AMENDED TO APPROPRIATIONS
MAIENSCHEIN MAIENSCHEIN, I S L E
VOTING. CONNELLY CONNELLY. I
DIXON HANEY. HANEY I KALRA CALL
HER I PACHECO PACHECO, EYE
POPPING AND I RAISE RAISE I
RIVAS. SANCHEZ. ABSTAINED, NOT
VOTING. EXT MAMA MOTION PASSES.
THANK YOU. UH, I SEE. WE HAVE MR
WARD HERE. UH, MR FORD? AH.
READY TO PRESENT WE IS HERE FOR
A B. 2 23.
MR WORK. THANK YOU. AND GOOD
MORNING, MR CHAIR AND MEMBERS.
UM THIS BILL, SOME PEOPLE 2 TO 3
. IT IS ABOUT YOU SAFETY AND IT
IS ABOUT PREVENTING BULLYING AND
HARASSMENT. AS YOU KNOW,
CALIFORNIA HAS PROVIDED THE
TOOLS NEEDED FOR PERSONS TO
CHANGE THEIR VITAL RECORDS TO
MATCH THEIR GENDER IDENTITY.
HOWEVER THE PETITION PROCESS AND
THE RESULTING PAPERWORK ARE A
MATTER OF PUBLIC RECORD AND
INFORMATION, AS WE HAVE ALWAYS
UNDERSTOOD THEM TO BE. NORMALLY
THAT'S BEEN HOUSED AT OUR COUNTY
FACILITIES, WHICH REQUIRES
SOMEBODY TO GO DOWN THERE AND
ACTUALLY PROCURE THE DOCUMENT.
BUT IN THIS DAY AND AGE, IT'S
BECOME COMMON PRACTICE THAT MANY
COUNTIES ARE DIGITIZING THEM,
WHICH ALSO SEEMS ON ITS FACE TO
MAKE A LOT OF SENSE. HOWEVER
THAT MEANS A LOT OF THIS
INFORMATION IS NOW DISCOVERABLE
WITH A SIMPLE INTERNET SEARCH
AND WHAT WE ARE SEEING FROM
YOUTH THAT ARE TRANSITION AND
HAVE GONE THROUGH THIS PETITION
PROCESS TO HAVE THEIR NAME OR
THEIR GENDER MARKER CHANGED IS
THAT WE ARE HAVING INDIVIDUALS
SUCH AS A CLASSMATE OR SOME
OTHER THIRD PARTY DISCOVERED
THAT INFORMATION AND OUTING THEM
AND BEING OUTED AS AN EXTREMELY
TRAUMATIC EVENT FOR ANY
INDIVIDUAL, ESPECIALLY FOR THOSE
UNDER THE AGE OF 18. ACCORDING
TO THE TREVOR PROJECT,
TRANSGENDER AND NON BINARY YOUTH
OR 2.5 TIMES, AS LIKELY TO
EXPERIENCE DEPRESSIVE SYMPTOMS
SERIOUSLY CONSIDERED SUICIDE AND
ATTEMPTS SUICIDE COMPARED TO
THEIR CIS GENDER PEERS. SO BY
ALLOWING PEOPLE TO CHOOSE WHEN
AND HOW THEY DECIDE TO SHARE
THEIR PERSONAL INFORMATION. THIS
WILL GIVE THEM THE CONFIDENCE TO
NAVIGATE THEIR GENDER IDENTITY
ISSUES WITHOUT FEAR OF
RETALIATION. SOME WERE BUILT 2
TO 3 PROTECTS THE PRIVACY AND
MENTAL HEALTH OF TRANSGENDER AND
NON BINARY YOUTH BY MAKING
COMMON SENSE CHANGES TO THE
PROCESS FOR PERSONS SEEKING A
GENDER OR SEX IDENTIFIED CHANGE
BY PLACING THE PETITION AND THE
RESULTING PAPERWORK UNDER SEAL
UNTIL THAT PERSON IS 18 YEARS
OLD. THIS BILL MAKES NO CHANGES
TO THE ACTUAL NAME OR GENDER
CHANGE PROCESS, NOR DOES IT
CHANGE PARENTAL OR FAMILIAL
ACCESS. DURING THAT PROCESS,
IT'S SIMPLY ENSURES THAT THE
RESULTING PAPERWORK REMAINS
PRIVATE. FOR WITNESSES AND
SUPPORT. I HAVE KATHY MOLY WITH
THE TRANS FAMILY SUPPORT
SERVICES AND TRANS YOUTH
LIBERATION AND CLARICE BERLIN, A
FAMILY LAW ATTORNEY. THIS
MORNING. GOOD MORNING. THANK YOU
. MY NAME IS KATHY MULLICK. SHE
HEARD MY PRONOUNS AND I AM THE
FOUNDER AND EXECUTIVE DIRECTOR
OF TRANS FAMILY SUPPORT SERVICES
. WE SERVE FAMILIES ON THE
NAVIGATION OF THIS JOURNEY. AND
IN OUR EIGHT YEARS WE HAVE
SERVED 3500 TRANS YOUTH AND
THEIR FAMILIES. A LARGE PART OF
WHAT WE DO IS HELPING FAMILIES
TO KNOW HOW TO NAVIGATE. WHO
NEEDS TO KNOW THIS INFORMATION
WHEN THEY NEED TO KNOW THIS
INFORMATION ABOUT THEIR CHILD'S
TRANSITION FOR MINORS, GETTING
THEIR NAME AND GENDER MARKER
CHANGED LEGALLY AS CRITICAL AND
A POSITIVE STEP IN THEIR
TRANSITION. THE STATE HAS MADE
IT MUCH MORE ACCESSIBLE. OVER
THE YEARS. HOWEVER THESE RECORDS
OF WHAT SHOULD BE VERY PRIVATE
INFORMATION ARE PUBLIC AND
EASILY ACCESSIBLE OVER THE
INTERNET. THE ACCESS TO PERSONAL
INFORMATION IS WHY MANY OF OUR
YOUTH ARE BEING OUTED BY THEIR
PEERS AS SIMPLE GOOGLE SEARCH OF
THE USE NAMES SHOW THESE COURT
ORDERS HAVE WORKED WITH MANY
DIFFERENT FAMILIES THAT HAVE HAD
THIS SCENARIO HAPPENED. THEIR
YOUTH WHO MAY BE AT A YOUNG AGE
AND ELEMENTARY SCHOOL HAS
LEGALLY CHANGED THEIR NAME. AND
THEN AS THIS STUDENT MOVES UP
INTO MIDDLE SCHOOL THERE. PIERS
WILL DO A GOOGLE SEARCH OF THEIR
NAME, FIND THESE COURT ORDERS
AND OUT THESE STUDENTS. THIS IS
SPREADING THIS INFORMATION
ACROSS PEERS, CAUSING OUR
STUDENTS TO HAVE AN EXTREME
AMOUNT OF DISTRESS. I'VE HAD
MANY STUDENTS WHO HAVE DROPPED
OUT OF SCHOOL AND MOVED INTO
HOMESCHOOLING SITUATIONS BECAUSE
OF BEING OUTED. OFTEN THESE
PARENTS DON'T EVEN KNOW THESE
COURT ORDERS HAVE BECOME PUBLIC
RECORDS AND ARE EASILY
CONSUMABLE, MAKING THIS
EXPERIENCE EVEN MORE TROUBLING
FOR THESE FAMILIES. NO MINOR
SHOULD HAVE THEIR PRIVATE
INFORMATION SHARED IN SUCH A
PUBLIC WAY. SO ON BEHALF OF THE
THOUSANDS OF TRANS YOUTH AND
FAMILIES URGE YOUR SUPPORT OF
THIS BILL. NEXT WITNESS. GOOD
MORNING. MY NAME IS CLARICE
ESTRADA BARREL AND I'M A PROUD
PARENT OF A TRANS CHILD. THE
ADVANCES WE'VE MADE IN
TECHNOLOGY, TEST OUR
EXPECTATIONS TO PRIVACY SO THAT
WE MUST CONTINUALLY DEFINED WHAT
PRIVACY MEANS ANYONE WITH A
SMARTPHONE CAN GET INFORMATION
ABOUT ALMOST ANYONE WITHIN A
MATTER OF SECONDS FOR PARENTS OF
TRANS KIDS LIKE ME, WHO LOVINGLY
SOUGHT TO SUPPORT THEM VIA NAME
AND GENDER MARKET CHANGE. AND
PROTECT THE PRIVACY OF A FORMER
NAME AND IDENTITY. THAT DIDN'T
MATCH HOW OUR KIDS FELT INSIDE.
WE HAVE SUBSEQUENTLY LEARNED
JUST HOW EASILY ACCESSIBLE THESE
COURT RECORDS CURRENTLY ARE. IN
ADDITION TO BEING A PARENT, I'M
A LAWYER, AND I SPENT A LOT OF
TIME IN LAW SCHOOL LEARNING
ABOUT AND DEBATING THE RIGHT TO
PRIVACY IN MANY CONTEXTS IN MY
PRACTICE OF FAMILY LAW AND
RESTRAINING ORDERS, I CONTINUE
TO FACE THESE ISSUES ON BEHALF
OF MY CLIENTS IN RESPONSE TO THE
OTHER SIDE. I UNDERSTAND AND
APPRECIATE THE CONCEPT OF AN
OPEN JUDICIAL SYSTEM AS
FUNDAMENTAL TO OUR DEMOCRACY.
BUT IN ADDRESSING THAT OPENNESS
, EVEN OUR U. S SUPREME COURT
ACKNOWLEDGES THAT THIS IS NOT
WITHOUT ANTICIPATED EXCEPTIONS.
ONE SUCH IMPORTANT EXCEPTION IS
PETITIONS FOR NAME AND GENDER
MARKET CHANGES FOR MINORS. MY
TRANS CHILD WAS ONLY EIGHT YEARS
OLD WHEN HE MESSILY SCRAWLED HIS
SIGNATURE. WHAT WAS MEANT TO BE
HIS SIGNATURE ON THE PETITION I
SUBMITTED ON HIS BEHALF FOR A
NAME AND GENDER MARKER CHANGE.
HE CERTAINLY DID NOT AT THAT
TIME AND COULD NOT APPRECIATE
THE DETAILS SURROUNDING THE
PETITION ONLY THAT HE WAS CLEAR
IN HIS MIND AND HIS HEART THAT
THE FEMININE NAME AND STATUS OF
FEMALE DID NOT ACCURATELY
REPRESENT HOW HE FELT. WE'VE
ALREADY BEEN INFORMALLY USING
HIS PREFERRED NAME, BUT HE WAS
OUTED ANYTIME HIS LEGAL NAME WAS
REQUIRED. HE SUFFERED FROM
GENDER DYSPHORIA TERM, I TURNED
TO GOOGLE TO BETTER UNDERSTAND
THE SAME GOOGLE WHERE THE TOP
HIT IS MY SON'S CASE FOR HIS
NAME AND GENDER MARKER CHANGE.
AND JUST AS HE AND I BELIEVE
THAT WHAT IS OR IS NOT IN HIS
PANTS AS PRIVATE. WE ALSO
BELIEVE THAT A PETITION MADE ON
HIS BEHALF AS A MINER BEFORE HE
COULD GIVE LEGAL CONSENT. ITS
DISCLOSURE SHOULD BE KEPT
PRIVATE. WE BELIEVE THAT THIS
TYPE OF CORE PROCEEDING IS AMONG
THOSE THAT ARE HIGH COURT
ACCEPTED, AND WE'RE CONFIDENT
THAT THE STATE OF CALIFORNIA
WILL CONTINUE TO BE A LEADER IN
CODIFYING OUR RIGHT TO PRIVACY,
ESPECIALLY WITH THE YOUNG AND
VULNERABLE POPULATION OF TRANS
YOUTH. THANK YOU. THANK YOU ANY
OTHER WITNESSES IN SUPPORT NAME
AND ORGANIZATION ONLY PLEASE.
BECCA CRAMER MATTER ON BEHALF OF
A C L U CALIFORNIA ACTION AND
SUPPORT CRAIG, POLLSTER ON
BEHALF OF EQUALITY, CALIFORNIA
AND STRONG SUPPORT. JONATHAN
CLAY BOARD MEMBER OF TRANS
YOUTH, LIBERATION AND SUPPORT
THANK YOU. SORRY YOU'RE BEHIND
THE GUY WHO'S 6 10. SO MARTY
ROBBIE WITH TRANS FAMILY SUPPORT
SERVICES AND SUPPORT OKAY, NOW I
SEE, UH, SEE NO FURTHER
WITNESSES IN SUPPORT, WITNESSES
AND OPPOSITION.
HI MY NAME IS CAT CAT KANSEN,
AND I'M A LOCAL WHEN I WAS 13. I
DIDN'T WANT TO BE A GIRL. I
HATED THE WAY MY BODY CHANGED
DURING PUBERTY. I FELT
UNCOMFORTABLE WHEN BOYS TEASED
ME ABOUT MY CHEST. I TRIED TO
RETURN MY BODY TO ITS PRE
PUBESCENT STATE BY STARVING
MYSELF. I WANTED TO ESCAPE BEING
FEMALE BY ERASING MY SOFT
CURVES. THEN I DISCOVERED
TRANSGENDER ISM ONLINE. I SAW
PHOTOS OF TRANS MEN POST
TRANSITION WITH BEARDS, MUSCLES
AND PROMINENT SCARS ON THEIR
CHESTS. WEBSITES INCLUDED LINKS
TO BUY BINDERS AND PACKERS FIND
OUT WHERE TO OBTAIN TESTOSTERONE
AND ACCESS LEGAL NAME CHANGE
INFORMATION. I THOUGHT I'D FOUND
BOTH MY PROBLEM AND THE SOLUTION
. I HATED MY BODY BECAUSE I WAS
BORN TRANSGENDER AND
TRANSITIONING WOULD ALLEVIATE
ALL MY ISSUES. I'M LUCKY I WAS
NOT AFFIRMED BY MY PARENTS,
TEACHERS, PEERS OR MY
PEDIATRICIAN AS I MADE IT TO
ADULTHOOD WITHOUT POISONING MY
BODY. MY SELF HATRED WAS NEVER
ADDRESSED, AND I CONTINUE TO
OBSESS ABOUT TRANSITION IN MY
TWENTIES, I DECIDED THAT
SOCIALLY TRANSITIONED CHANGED MY
NAME AND BEGAN DRESSING MORE
MASCULINE. I HATED THAT I STILL
LOOKED FEMALE. SO I CALLED
PLANNED PARENTHOOD HERE IN
SACRAMENTO AND OBTAINED A
PRESCRIPTION FOR TESTOSTERONE
WITH NO MENTAL OR PHYSICAL
HEALTH ASSESSMENT REQUIRED.
TESTOSTERONE ONLY RELIEVE MY
DISTRESS FOR A VERY SHORT TIME
BUT INDUCED PHYSICAL ILLNESS. I
BECAME MORE SUICIDAL POST
TRANSITION THAN I WAS PRE
TRANSITION, MAYBE TO 20 THREES
AND 10 IS TO PREVENT SUICIDE.
BUT HIDING A CHILD'S REAL NAME
AND SEX DOES NOT IN ANY WAY
PREVENT SUICIDE. THE ONLY LONG
TERM STUDY ON SUICIDE AND IN
TRANS IDENTIFYING PATIENTS IS A
SWEDISH STUDY WHICH SHOWED THAT
THOSE WHO UNDERWENT SURGERIES
AND WRONG SEX HORMONES WERE
STILL 19 TIMES MORE LIKELY TO
COMMIT SUICIDE THAN THE GENERAL
POPULATION. SWEDEN IS ONE OF THE
MOST PROGRESSIVE AND ACCEPTING
COUNTRIES IN THE WORLD. KIDS ARE
GOING TO CHANGE THEIR MINDS LIKE
I DID. HIDING WHO THEY REALLY
ARE BIOLOGICALLY IS ONLY GOING
TO MAKE IT MORE DIFFICULT FOR
THEM TO REVERSE COURSE WHEN
TRANSITIONING FAILS TO CURE
THEIR MENTAL ILLNESS LIKE IT
FAILED TO CURE MINE. THANK YOU.
GOOD MORNING. MY NAME IS AARON
FRIDAY, AND I'M A LIFELONG
DEMOCRAT. A LICENSED ATTORNEY
AND I VOTED FOR SAME SEX
MARRIAGE. I'M THE CO LEAD OF OUR
DUTY AND NONPARTISAN PARENT
GROUP THAT FIGHTS AGAINST GENDER
IDEOLOGY. A B 2 TO 3 IS A BILL
THAT WILL DO MORE HARM TO THE
TRANS IDENTIFIED MINERS THAN
GOOD. FIRST BY HIDING AND
SEALING THE SEX FROM THEIR
TEACHERS, COUNSELORS AND OTHER
ADULTS. THEY WILL BE STRIPPED OF
THEIR CHANCES TO PAY SPECIAL
ATTENTION TO THESE VULNERABLE
KIDS TO PROTECT THEM FROM
BULLIES AND ALIKE. SECOND A B 2
TO 3 WILL WET WILL RENDER IT
IMPOSSIBLE TO KEEP ANY TYPE OF
ACCURATE DATA. KEEPING VITAL
STATISTICS WILL BE RENDERED
MEANINGLESS. THE NUMBER OF TRANS
IDENTIFIED CHILDREN WHO ENGAGED
IN SELF HARM ARE VICTIMS OF
BULLYING, DRUG USE OR RUN AWAY
LIVE IN POVERTY WILL NO LONGER
BE ABLE TO BE TRACKED. IN 2022 A
B 10 94 WENT INTO EFFECT.
CALIFORNIA IS SPENDING $1.4
MILLION TO TRAIN MEDICAL
EXAMINERS TO RECORD THE LGBT Q
STATUS OF THOSE WHO DIED
VIOLENTLY. HOW WILL THE ACCURACY
OF THAT INFORMATION BE ASSURED
WHEN CRUCIALLY RELEVANT RECORDS
ARE SEALED? THIRD THERE ARE NO
STUDIES. AND I MEAN NO THAT SHOW
THAT SUICIDALITY OR COMPLETED.
STUDIES ARE MORE PREVALENT WITH
THOSE MINERS WHO ARE PUBLIC WITH
THEIR TRANS IDENTITY AS COMPARED
TO THOSE WHO ARE NOT IN MY GROUP
OF THOUSANDS OF PARENTS WHO WHO
HAVE CHILDREN WHO ARE NOT
SOCIALLY OR MEDICALLY
TRANSITIONED. NONE OF US NONE OF
US HAVE HAD OUR CHILDREN COMMIT
SUICIDE. I CANNOT SAY THE SAME
FOR THOSE WHO HAVE SOCIALLY AND
MEDICALLY TRANSITION THEIR
CHILDREN. SINCE CALIFORNIA
STARTUP PUSHING GENDER IDEOLOGY
AND GENDER IDENTITY IN 2010,
CALIFORNIA'S YOUTH SUICIDE RATES
HAVE INCREASED. THE CDC SHOWS
THAT FROM 2010 TO 2020, THE
CALIFORNIA SUICIDE RATES FOR
THOSE UNDER 24 HAVE INCREASED BY
11. THIS BILL ASSUMES THAT EVERY
MINER WHO ADOPTS A GENDER
IDENTITY THAT DIFFERS FROM THEIR
IMMUTABLE SEX WILL NOT CHANGE AS
THEY MATURE. THE DATA BELIES
THAT. THE TRANS REDDIT
MEMBERSHIP HAS GROWN FROM 8000
IN 2022 45,000 AS OF TODAY. LAST
WHAT THIS BILL DOES IS HIDE THE
SEX OF A MINOR, WHICH CAN BE A
VERY RELEVANT FACT ENTITLE NINE
CASES. VOTE NO ON A B 2 TO 3. IT
HARMS TRANS IDENTIFIED CHILDREN
. THANK YOU ANY OTHER WITNESSES
IN OPPOSITION? MY NAME IS GREG
BURKE FROM THE CALIFORNIA FAMILY
COUNCIL IN OPPOSITION. THANK
YOU. MY NAME IS ALI SNYDER
CONCERNED PARENT IN OPPOSITION.
MY NAME IS BETH BORN. I'M A
CONCERNED PARENT IN OPPOSITION.
BRANDON CAMPBELL, NORTHERN
CALIFORNIA DIRECTOR FOR THE
CAPITAL CONNECTION FOR BAPTIST
CHURCHES IN THE PAST, OR THE
FAITH BAPTIST CHURCH IN OFFICE.
THANK YOU SEEN NO FURTHER
WITNESSES AND OPPOSITION
QUESTIONS FROM COMMITTEE. THE
MOTION FROM MR KALRA. SECOND
FROM MR HANEY QUESTIONS OR
COMMENTS FROM THE COMMITTEE. MR
ASTLEY. THANK YOU, ASSEMBLYMAN
WARD. I JUST HAVE A COUPLE OF
QUESTIONS. THIS BILL IS A
STRICTLY LIMITED TO CEILING
REQUESTS FOR MINORS. THANK YOU,
VICE CHAIRMAN HALEY. YES, IT IS
. SO MY QUESTION IS. DOES THIS
CHANGE THE PROCESS TO DO NAME
CHANGES? SO DOES THE MINOR STILL
NEED THEIR PRINT, PARENTS'
CONSENT OR PERMISSION IN ORDER
TO FILE THE NAME PETITION?
NOTHING ABOUT THE PROCESS CHANGE
, INCLUDING THE REQUIREMENT TO
HAVE A PARENT PRESENT FOR MINOR
WHO IS NOT EMANCIPATED. OK I
WILL JUST COMMENT THAT I BELIEVE
THIS IS A VERY SENSITIVE TOPIC,
AND IT'S ONE THAT THAT SHOULD BE
RESERVED FOR AS A PRIVATE FAMILY
MATTER. AND SO I UNDERSTAND THE
CONCERNS AND, UM BUT I THINK
GENERALLY AS A MATTER OF PUBLIC
POLICY, WE GENERALLY KEEP MINOR
RECORDS, PRIVATE. IN COURT CASES
, ESPECIALLY JUVENILE CASES, SO
I JUST WANT TO CONFIRM THAT THIS
DOES NOT ALTER THE PROCESS THAT
PARENTS STILL HAVE TO FILE THE
PETITION AND THAT THIS WOULD
REMAIN A PRIVATE FAMILY MATTER
UNTIL THEY TURN 18 THAT IS
CORRECT AND JUST TO BE
TRANSPARENT. WE ARE WORKING WITH
THE JUDICIAL COUNCIL TO BE ABLE
TO HAVE TECHNICAL AMENDMENTS TO
ENSURE THAT IT WILL WORK WITH
EXISTING COURT PROCESSES,
INCLUDING HAVING THE INFORMATION
KEPT CONFIDENTIAL BY THE COURTS,
INSTEAD OF REQUIRING A SEPARATE
PETITION FROM THE MINOR, OKAY.
AND I KNOW A LOT OF PEOPLE ARE
FIGHTING ON THIS ISSUE RIGHT
NOW. AND UM I JUST DON'T WANT TO
SEE BE CHILDREN USED AS PAWNS,
AND THAT'S THAT WOULD BE MY
CONCERN. IT'S ONLY ONE PARENT
THAT'S REQUIRED TO CHANGE THEM.
EXCUSE ME. EXCUSE ME, AND I WILL
SAY FOR THE RECORD, I DON'T
AGREE WITH SB 1 79 THAT PROCESS
LAID OUT AND I DO, UH, I WOULD
WELCOME THE OPPORTUNITY TO
REVISIT THOSE REQUIREMENTS. BUT
THIS BILL I THINK IS VERY NARROW
AND WOULD JUST SEAL THE RECORDS
TO PROTECT THE INDIVIDUAL MINER
, AND, UH, IN THAT REGARD, I
WOULD SUPPORT IT. THANK YOU, MR
VICE CHAIR. ANY OTHER QUESTIONS
OR COMMENTS FROM THE COMMITTEE?
MS DIXON? JUST A QUESTION. I
WANT TO ASK THE WITNESS. WHAT
WAS YOUR POINT OF WHAT WAS AT
45,000? REVERSALS. IS THAT WHAT
YOU WERE SAYING? IF I
UNDERSTAND. I JUST WANT TO
CLARIFY YOUR POINT. SO D TRANS
REDDIT IS A AND ONLINE FORUM
WHERE D TRANSITIONS GO, UM TO
DISCUSS THE HARMS THAT WERE DONE
TO THEM, INCLUDING THE SISTERS.
TRANS REDDIT BLOCKS. PEOPLE LIKE
ME FROM POSTING BECAUSE I'M NOT
A D TRANSITION. ER UM AND IT
GROWS BY NOW, 60 PEOPLE A DAY.
THAT MEANS THAT MORE PEOPLE ARE
D TRANSITIONING LIKE CAT.
THERE'S ALSO SOMEONE IN THE
AUDIENCE, UM AS THE NUMBER OF
KIDS GROWS AS THE NUMBER OF KIDS
SAY THAT THEY ARE TRANS
IDENTIFIED. IT'S GROWING OUT OF
5000% INCREASE. THE NUMBER OF D
TRANSITION ER IS CORRESPONDENT
LEE GROWING LIKE THAT. OKAY SO
THEN HOW DOES THIS RELATE? THAT
FACT RELATE TO THE PROVISIONS OF
THIS PROPOSED BILL. BECAUSE AS A
PARENT OF A CHILD WHO WAS GENDER
QUESTIONING, THESE CHILDREN NEED
AN OFF RAMP. THEY GO TO SCHOOL,
AND THEY SAY THAT THERE ARE
DIFFERENT GENDER. THEY CAN'T
JUST THEN GO BACK TO SCHOOL AND
SAY, ACTUALLY, NO, I'M ACTUALLY
THE SEX THAT I WAS BORN. THEY
NEED AN OFF RAMP. AND SO WHEN
YOU WHEN YOU CHANGE THEIR NAME,
AND BY THE WAY, IT'S ONLY ONE
PARENT THAT IS REQUIRED TO
CHANGE THE NAME AND WE HAVE A
PERSON IN THE AUDIENCE WHO
FOUGHT TO NOT HAVE HER CHILD'S
NAME. BUT ONCE THAT IS DONE, AND
THEN THOSE REAL, THOSE RECORDS
ARE SEALED. IT'S HARDER FOR THAT
CHILD TO REVOLT REVERSE COURSE
THEY HAVE GONE THROUGH THIS
WHOLE RIGMAROLE, AND THEY NEED
THEY NEED TO BE ABLE TO AYE. YOU
KNOW, IDENTIFY AND EXPERIENCE
EXPERIMENT WITH WHO THEY ARE
WITHOUT. THE LEGALITY OF
CHANGING THEIR NAME. IT'S VERY
DIFFICULT TO GO BACKWARDS IN
TIME. OKAY THANK YOU, MR WARD,
JUST TO CLARIFY HOW? HOW WHAT IS
THE PROCESS THAT CHANGED THE
NAME BACK AND FORTH? WHETHER
YOU'RE TRANS OR NOT? IS THAT
DIFFICULT TO DO? THANK YOU, MR
ACHESON. SO THERE IS A PETITION
THAT YOU CAN SUBMIT THROUGH THE
JUDICIAL PROCESS, WHICH IS THEN
AGREED TO BY A JUDGE FOR A NAME
OR GENDER CHANGE, AND THEN THAT
IS FILED WITH THE COUNTY
FACILITIES. MAY I? YES PLEASE.
OF COURSE, IT'S JUST A NEW
PETITION A NEW $435 FILING FEE
UNLESS YOU HAVE A FEE WAIVER,
AND THEN IT'S NOTHING. OKAY SO
THAT CHANGING BACK THE LEGAL
PROCESS TO CHANGE BACK THE
SEXUAL GENDER. IS NOT AN
IMPEDIMENT IS THE SAME PROCESS
AS THE ORIGINAL PROCESS. ALRIGHT
ALRIGHT. THANK YOU VERY MUCH.
THANK YOU, MISS REYES PROCEDURAL
QUESTION. IS IT AUTOMATICALLY
UNSEALED ON THE 18TH BIRTHDAY?
YES IT IS THE INTENT THAT IT
WILL BE SEALED FOR SOMEBODY
UNTIL THEY'RE 18 YEARS OLD. ANY
OTHER QUESTIONS OR COMMENTS FROM
THE COMMITTEE. SEEN NONE. UH WE
DO HAVE A MOTION AND A SECOND.
MR WARD, YOU MAY CLOSE. THANK
YOU. I UNDERSTAND THAT THERE IS
A LOT OF IMPORTANT CONVERSATION
AROUND THE SUBJECT. BUT THIS HAS
BEEN STATED. THIS IS A VERY,
VERY NARROW BILL WITH THE
SPECIFIC INTENT WITH THE EXPRESS
PURPOSE OF MAKING SURE THAT WE
ARE PROTECTING A USE PRIVACY
THAT WOULD OTHERWISE LEAD TO
HARMFUL INCIDENCES IN THE SCHOOL
ENVIRONMENT. I RESPECTFULLY ASK
FOR YOUR VOTE. THANK YOU, MR
AWARD FOR YOUR WORK ON SUPPORT,
BILL. THANK YOU, MISS MULLER,
FOR THE WORK THAT YOU HAVE YOU
HAVE DONE FOR MANY, MANY YEARS.
THE MOTION IS DO PASS AND ASK
THE COURT TO PLEASE CALL THE
ROLL. MAIENSCHEIN MAIENSCHEIN. I
S L E D I CONNOLLY COMMONLY I.
DICKSON DICKSON, I HANEY HANEY,
I CHOLERA. CHOLERA I PACHECO
PACHECO, I HAPPEN. I HAPPEN I
RAISE RAISE I RIVAS RIVAS, I
SANCHEZ SANCHEZ. NO MOTION
PASSES. THANK YOU. THANK YOU. I
DO NOT SEE MR OLDEN. ON THE
SECOND, MR CARILLO IS HERE. AND
WHILE MR CRUZ APPROACHING, DO WE
HAVE A MOTION ON THE CONSOLE?
OH, OKAY. AH!
OKAY WE'RE GONNA I'D ASK FOR A
MOTION ON THE CONSENT AGENDA. WE
ARE GOING TO REMOVE ITEM 12 A B
554 GABRIEL FROM THE CONSENT
AGENDA AT THE REQUEST OF THE
VICE CHAIR AND THE REPUBLICAN
CAUCUS. SO DO WE HAVE A MOTION
ON THE REMAINDER OF THE CONSENT
AGENDA? MR. KALRA HAS A MOTION.
MS REYES HAS A SECOND ON THE
CONSENT OF GENERAL CONSENT
AGENDA INCLUDES A B 20 GIBSON A
B 2 43 ALLEN S A B 2 73 RAMOS.
MAYBE 300 BÀN MAYBE 5 61 CHAN,
MAYBE 615 MAIENSCHEIN. WE HAVE
MOTION A SECOND, UH, SEE NO
QUESTIONS OR COMMENTS FROM THE
COMMITTEE ASKED THE CLERK TO
PLEASE CALL THE ROLL.
MAIENSCHEIN MAIENSCHEIN I SALLY
SALLY, I CONNELLY CONNELLY. I
DICKSON DICKSON. I HANEY PENNY I
CHOLERA. CHOLERA I PACHECO
PACHECO. EYE POPPING HAPPENED. I
RAISE RAISE A REVERSE. REVERSE I
SANCHEZ SANCHEZ CONSENT AGENDA
IS OUT, MR CARILLO. WELCOME UH,
PRESENTING A B 5 42 YOU MAY
BEGIN. THANK YOU. GOOD MORNING,
MR CHAIR AND MEMBERS. THANK YOU
FOR ALLOWING ME TO PRESENT A B 5
42. AND BEFORE I BEGIN, I WOULD
LIKE TO RESPECTFULLY ACCEPT THE
TECHNICAL COMMITTEE AMENDMENTS
AND THINK THAT YOU'RE IN
CONSULTANTS FOR THEIR HARD WORK
. THIS BILL SEEKS TO REMOVE THE
UNNECESSARY BURDEN ON MANY SMALL
COLLEGE FURNITURE STORE OWNERS
BY ALLOWING THEM TO ADVERTISE
LEAN SALES FOR BITTERS AND A
PUBLIC ACCESSIBLE WEBSITE.
CALIFORNIA CONSUMERS USE OF
STORAGE FOR MANY REASONS. BUT
ALL RENTAL AGREEMENTS HAVE ONE
THING IN COMMON. THEY ARE A
MONTH MONTH TENDENCIES THAT NEED
TO BE RENEWED. WHAT THIS MEANS
IS THAT TENANTS CAN SIMPLY
DECADE IF THEY ARE UNABLE OR
UNWILLING TO PAY FOR THE LEAST
SPACE. LITTLE BIT OF STATISTICS
. 97 TO 99% ARE SUCCESSFUL FOR
BOTH PARIS ACCORDING TO NATIONAL
DATA FROM THE SELF STORAGE
ASSOCIATION. GOODS ARE STORED
AND RENT IS PAID ON TIME. STILL
THERE ARE THOSE RARE SITUATIONS
WHERE CONSUMERS FELT TO PAY
THEIR RENT. THE CALIFORNIA
SERVICE STORAGE FACILITY ARE
PASSING 1981, AND IT PROVIDES IN
NON JUDICIAL FOR COURTSHIP
PROCESS FOR THESE CASES. UNDER
THIS LAW, STORAGE OPERATORS
MYSELF THE PERSON'S PROPERTY TO
SATISFY THE LIEN FOR PAST TWO
DEATHS AND TO RECOVER THE SPACE
FOR, UH, PAYING TENANTS. WHEN
OCCUPANTS ARE DELINQUENT. THEIR
SELF STORAGE OPERATOR MUST SEND
A AT LEAST TWO NOTICES TO THE
OCCUPANT AND THE OCCUPANTS
ALTERNATIVE CONTACT ALERTING
THEM THAT THE CELL IS OCCURRING.
BEFORE A LIEN SALE MAY BE
CONDUCTED. OPERATORS MUST
PUBLISH AN ADVERTISEMENT IN A
NEWSPAPER TO MAKE THE PUBLIC
AWARE OF THESE UPCOMING SALE.
THE ADVERTISEMENT IMPORTANTLY,
IS NOT INTENDED TO SERVE AS A AS
A WAY OF ALERTING THE DELINQUENT
TENANT AS IT IS THE CASE WITH
NOTICES. THIS KEEPER. THE LIEN
SALE IS WHAT THIS BILL SEEKS TO
ADDRESS IN 1981 WHEN THIS LOW
THIS LOW WAS ORIGINALLY ENACTED
BY THE LEGISLATURE. PRE
NEWSPAPER WHERE BY FAR THE MOST
COMMON WAY PEOPLE GOT THEIR NEWS
AND INFORMATION. SO THE
LEGISLATOR THAT TIME SO FIT
REQUIRED NOTICES IN PRINT
NEWSPAPERS. NOW FROM 1981 TO
2020 NEWSPAPER CONSUMPTION HAS
DROPPED NEARLY 62. ACCORDING TO
A PEW RESEARCH ARTICLES. STUDIES
SHOW THAT 86% OF PEOPLE GET
THEIR NEWS AND INFORMATION FROM
A DIGITAL DEVICE. AND ONLY 10%
SAID THEY GET NEWS FROM PRINT
PUBLICATIONS. THIS IS NO LONGER
THE PRIMARY WAY PEOPLE GET THEIR
NEWS. THIS ADVERTISEMENT IS
INTENDED TO ATTRACT BUYERS FROM
THE FORECLOSURE ACTION. AND IT
IS IN THE STORAGE FACILITIES.
BEST INTEREST TO REACH THE MOST
AMOUNT OF PEOPLE. THE FACILITY
IS IN A RURAL COMMUNITY WITH
LITTLE TO NO INTERSEX IS THIS
BILL WILL STILL ALLOW THEM TO
ADVERTISE IN THE NEWSPAPER. THAT
IS WHAT PEOPLE READ. IN THIS
SECTION OF THE INTERNET AND
OTHER ELECTRONIC MEANS OF
COMMUNICATION. PRE NEWSPAPER
PUBLICATION IS NO LONGER THE
BEST METHOD OF USING A PUBLIC
NOTICE IN EVERY COMMUNITY.
CALIFORNIA, CALIFORNIA LIFE HAS
CHANGED IN 1981. 32 OTHER STATES
OF ALTERNATIVE MECHANISMS FOR
ADVERTISEMENT OF LIEN SALES OR
HAVE NO ADVERTISEMENT
REQUIREMENTS WHATSOEVER. MAYBE 5
42 WILL POINT CALIFORNIA IN LINE
WITH HIS OTHER STATES. MAYBE 5
42 PROVIDES ADDITIONAL OPTIONS
TO ADVERTISE LINKS CELLS WHILE
STILL RETAINING THE ABILITY TO
ADVERTISE IN THE NEWSPAPER. AND
I WANT TO THANK THE COMMITTEE
AGAIN FOR WORKING WITH ME ON
THIS, AND I'M COMMITTED TO KEEP
ON WORKING WITH OPPOSITION. TO
REACH COMPROMISE THAT WORKS FOR
THEM. JOIN ME TO TESTIFY IN
SUPPORT OF ANSWER QUESTIONS IS
STEVE MERA BEATEN AND KIM'S
DECLARING WITH THE SELF SOURCE
ASSOCIATION. GOOD EVENING AND
THANK YOU GOOD MORNING,
HONORABLE CHAIR AND MEMBERS OF
THE COMMITTEE. MY NAME IS STEVE
MORABITO FROM WALNUT CREEK,
CALIFORNIA I AM THE OWNER OF
STORAGE PRO MANAGEMENT IN WALNUT
CREEK. UM AND STARTED IN THE
SELF STORAGE INDUSTRY IN 1986.
WE MANAGED MORE THAN 100
INDEPENDENTLY OWNED SELF STORAGE
FACILITIES THROUGHOUT CALIFORNIA
AND I'M HERE TO SUPPORT ABBY 5
42, A COMMON SENSE REFORM THAT
WILL SAVE MONEY AND GENERALLY
ENHANCE THE PUBLIC NOTICE
ACCESSIBILITY FOR ALL
CALIFORNIANS. AS AN OPERATOR FOR
EACH STORAGE UNIT SOLD IN A LIEN
SALE AUCTION. WE HAVE AN AVERAGE
OF $500 IN UNPAID RENT. AUCTION
FEES IN NEWSPAPER ADVERTISING
COSTS THAT WE INCUR, BUT DO NOT
COLLECT UPON HERE IS AN
IMPORTANT FACT. OVER 90% OF OUR
STORAGE CUSTOMERS FIND US
THROUGH THE INTERNET OR VIA
PHONE THAT IS POSTED ON THE
INTERNET. ONLY 8% WALK IN FROM
OFF THE STREET. THE USE OF THE
NEWSPAPER FOR LIEN SALE. AUCTION
ADVERTISEMENTS IS OUTDATED AND
UNDERMINES THE PRINCIPLE
PRINCIPLES. OF INCLUSIVITY,
EQUALITY AND UNFETTERED ACCESS.
TO THE PUBLIC NOTICES. WE ARE
REQUIRED TO PRINT THE HIGH COST
OF NEWSPAPER ADVERTISING, DENIES
MOST CALIFORNIANS THE ABILITY TO
VIEW OUR PUBLIC NOTICES. FOR
EXAMPLE. THE SAN FRANCISCO DAILY
JOURNAL CHARGES $887 A YEAR FOR
THEIR ONLINE, NOT PRINT, BUT
ONLINE SUBSCRIPTION. NOW I ASK
YOU CAN THE AVERAGE JOE AFFORD
THIS LUXURY? HERE IS A COMMON
SENSE SOLUTION IN A FAIR
SOLUTION. STORAGE PRO LIKE OTHER
INDEPENDENT OWNERS AND OPERATORS
IN CALIFORNIA, UTILIZING ONLINE
AUCTION WEBSITE FOR ADVERTISING
AND SELLING DELINQUENT STORAGE
UNITS. THIS IS A FREE ONLINE
AUCTION PLATFORM THAT IS
ACCESSIBLE TO ALL CALIFORNIANS.
LAST YEAR. OUR AUCTION WEBSITE
WAS VIEWED BY 600,000 INTERESTED
PARTIES JUST FOR OUR LEAN SALES
ALONE. LET ME REPEAT, THIS IS A
FREE WEBSITE OPEN TO ALL
CALIFORNIANS AND A COMMON SENSE
SOLUTION. IN CONCLUSION. MAYBE 5
42 MAKES PUBLIC NOTICES.
INCLUSIVE FREE AND ACCESSIBLE TO
EVERYONE. AND I RESPECTFULLY ASK
FOR YOUR SUPPORT. THANK YOU.
THANK YOU ANY OTHER WITNESSES IN
SUPPORT? YES. HELLO NAMING
ORGANIZATION ONLY. PLEASE. MY
GOT YOU. OH THIS IS THE SECOND
WITNESS. OKAY? I APOLOGIZE.
SORRY SORRY. IT'S YOUR SHOW
AHEAD. GO AHEAD. I'M SORRY. BACK
ON TRACK. MY NAME IS KIM CYCLERY
. I WORK. I'M LEGAL COUNSEL FOR
DEVIN SELF STORAGE. WE ARE AN
OWNER OPERATOR BASED OUT OF
EMERYVILLE, CALIFORNIA AND I'M
HERE ON BEHALF OF BOTH THE
CALIFORNIA ASSOCIATION AND THE
NATIONAL ASSOCIATION AND JUST
BECAUSE OF TIME CONSTRAINTS ALL
KIND OF CUT TO THE CHASE HERE. I
THINK THAT THERE'S AN DEAL WITH
SOME OF THE OPPOSITION'S
CONCERNS ABOUT OUR REQUEST IN A
5 42 TO CHANGE THE PUBLIC
ADVERTISEMENT REQUIREMENTS. WE
ARE NOT IN A B 5 42 IN ANY WAY,
SHAPE OR FORM TRYING TO CHANGE,
MODIFY OR AMEND ARE NOTICE
REQUIREMENTS. CALIFORNIA SELF
SERVICE STORAGE FACILITY ACT IS
VERY DETAILED, DOES A GREAT JOB
OF PROVIDING OPERATORS WITH A
BLUEPRINT OF WHAT WE NEED TO DO
WHEN WE ENFORCE CHARLENE
WRIGHT'S FIRST IT COMES WITH THE
RENTAL AGREEMENT, WHICH MOST
OPERATORS RUN FROM ANYWHERE
BETWEEN THREE AND 10 PAGES.
THAT'S YOUR FIRST NOTICE WHERE
REQUIRED TO SEND A SECOND NOTICE
OF PRELIMINARY LIEN NOTICE.
WE'RE REQUIRED TO SEND ANOTHER
NOTICE. FINALLY NOTICED WITH
THAT LIEN NOTICE COMES IN
OPPOSITION TO LEAN OPPORTUNITY
FOR ANY OCCUPANT WHO FEELS THAT
THIS IS AN UNFAIR AUCTION OR AN
UNFAIR AND FORCE. MINT IF THEY
RESPOND AND RETURN THAT OUR
AUCTION, ARLENE, RIGHT, CEASE
AND WE NEED TO GO TO COURT TO
HAVE THEM EVICTED. WHAT MAYBE 5
42 ASSEMBLY SIMPLY IS DOING IS
PROVIDING FLEXIBILITY FOR THE
SMALL BUSINESSES, WHICH STEVE IS
ONE OF THOSE SMALL BUSINESSES.
THERE'S ABOUT 6000 IN THE STATE
OF CALIFORNIA. AND 82% OF THOSE
ARE NON PUBLIC COMPANIES. SO
THOSE ARE SMALL BUSINESS OWNERS,
AND WE WANT TO GIVE THEM THE
FLEXIBILITY TO RUN. THE
ADVERTISEMENT FOR THE SALE,
WHICH IS SEPARATE THAN THE
NOTICE, AND IT'S VERY IMPORTANT
TO UNDERSTAND THAT DISTINCTION.
ONE IS A NOTICE TO TENANTS AND
ONE IS AN ADVERTISEMENT OF THE
SALE. WE WANT TO GET THAT TO THE
BROADEST AUDIENCE THAT WE
POSSIBLY CAN SO WE CAN RECLAIM
THE SPACE. IT'S NOT A PROFIT
CENTER FOR US, WE'RE NOT IN IT
TO MAKE MONEY. AS STEVENS
EXPLAINED, IT'S VERY EXPENSIVE
TO ADVERTISE. IT'S VERY
EXPENSIVE TO LEAN. IT'S VERY
EXPENSIVE TO SEND THE NOTICES
AGAIN. IT'S NOT A PROFIT CENTER.
WE'RE JUST TRYING TO GIVE THE
FLEXIBILITY BACK TO THE SMALL
BUSINESS OWNER SO THEY CAN MAKE
A DETERMINATION ON HOW TO
ADVERTISE FOR THE SALE. THANK
YOU FOR YOUR TIME. THANK YOU NOW
FURTHER WITNESSES AND SUPPORT
NAME AND ORGANIZATION ONLY.
THANK YOU, MR CHAIRMAN. ROBINSON
WAS SUGAR AND HE SMELLS AND
LAYING ON BEHALF OF THE
CALIFORNIA MOVING AND STORAGE
ASSOCIATION. ONE OF OUR COMMENTS
IS REFLECTED THE ANALYSIS. WE
JUST ASKED THAT AT THE
APPROPRIATE TIME PARODIES
PROVIDED FOR WAREHOUSE OWNERS
THAT HAVE TO ENFORCE THESE SAME
LEAN SALES AND WE'VE BEEN
WORKING WITH THE AUTHOR, STAFF
AND THE SPONSORS AND LOOK
FORWARD TO FOR YOUR
CONVERSATIONS. THANK YOU ANY
OTHER WITNESSES IN SUPPORT?
SAINT SEEN NONE WITNESSES IN
OPPOSITION. YEAH YOU CAN. YOU
CAN COME UP HERE. YOU MAY HAVE
ACTUALLY WAS A SAFE THEY'RE
PERFECT. SURE. GOOD MORNING, MR
CHAIR. MEMBERS OF THE COMMITTEE.
MY NAME IS BRITTANY BAR SODIUM.
THE GENERAL COUNCIL OF THE
CALIFORNIA NEWS PUBLISHERS
ASSOCIATION HERE IN OPPOSITION
TO A B BUT BEFORE TO, UM I WANT
TO CLARIFY A FEW THINGS. WE WHEN
IT COMES TO THE NOTICE THAT'S
BEING PROVIDED. IT'S TO THE
PUBLIC AS A WHOLE. AND WE FEEL
IT'S IMPORTANT TO MAINTAIN THAT
ACCESS AND TRANSPARENCY TO THE
PUBLIC, AS OPPOSED TO HAVING
BEYOND INDIVIDUALIZED WEBSITES.
UM WE DON'T HAVE ANY ISSUE WITH
THESE ADVERTISEMENTS BEING
PLACED ONLINE. IN ADDITION TO
IMPRINT UM, IN FACT, WE MAINTAIN
A WEBSITE. SEE A PUBLIC NOTICE
STARCOM, WHERE ALL OF OUR
MEMBERS BY OUR BYLAWS ARE
REQUIRED TO UPLOAD THE LEGAL
NOTICES THAT THEY PUBLISH AND
PRINT AND THEY ALSO MAINTAIN
THOSE NOTES ARE REQUIRED BY OUR
BYLAWS TO PUBLISH THOSE LEGAL
NOTICES ONLINE ON THEIR PAPERS
AS WELL AS WELL, AND THAT ISN'T
FROM THE PAYWALL. SO TO SAY THAT
THERE'S A BARRIER BECAUSE OF
SUBSCRIPTIONS JUST ISN'T THE
CASE. TO BE FAIR. UM THE OTHER
ISSUE. IS THAT A NEWSPAPER OF
GENERAL YOUR CIRCULATION HAS
BEEN CERTIFIED BY A COURT TO
REACH A SUBSTANTIAL NUMBER OF
SUBSCRIBERS IN THE GIVEN AREA
THAT IT'S DESIGNED TO REACH.
WHILE I CAN APPRECIATE THE THESE
PARTICULAR WEBSITES THAT
ADVERTISE HAVE A HAVE A GOOD
VIEWING. IT'S STILL HASN'T BEEN
CERTIFIED TO REACH THE PUBLIC IN
THE AREA THAT IS DESIGNED TO BE
NOTIFIED VIA THIS PUBLIC NOTICE
STRUCTURE. UM AND SO WE FEEL
THAT THIS IS TRANSPARENCY AND
THAT IT'S IMPORTANT TO MAINTAIN
THAT AND THAT ANYTHING
PUBLISHING ONLINE IN ADDITION TO
HIS GREAT, HOWEVER, WE FEEL IT'S
NECESSARY TO MAINTAIN THOSE
PRINT NOTICES TO REACH INTO THE
COMMUNITIES THAT ARE STILL
SUFFERING FROM THE DIGITAL
DIVIDE. AND WITH THAT, I
RESPECTFULLY URGE, YOU KNOW,
VOTE. THANK YOU ANY OTHER
WITNESSES AND OPPOSITION? SCENE
NINE QUESTIONS OR COMMENTS FROM
THE COMMITTEE, MR KALRA. THANK
YOU. THANK YOU, MR CHAIR, AND I
WANT TO THANK THE AUTHOR, UM,
FOR BRINGING THIS FORWARD IN FOR
OUR CONVERSATION REGARDING THIS
. I DO THINK THAT LOOK, I MEAN,
ULTIMATELY, THERE ARE DIFFERENT
MOTIVATIONS CLEARLY. NEWSPAPERS
ONE AD REVENUE, I'M SURE THE
STORAGE COMPANIES WANT TO REDUCE
THEIR COSTS, BUT I THINK THAT WE
NEED TO LOOK AT THE PUBLIC
POLICY REASONING AS TO AS TO WHY
THESE WALLS EXIST. I DO THINK
THEY NEED SOME UPDATING. I THINK
THAT WE ARE IN A DIFFERENT WORLD
IN TERMS OF NOTICE, BUT I DO
BELIEVE THAT THERE IS A VALUE,
ESPECIALLY WHEN IT COMES TO
REGIONALIZATION AND BE ABLE TO
TARGET AN AUDIENCE THAT ACTUALLY
PHYSICALLY LIVES. IN THE AREA,
AND I THINK IN MANY CASES, THOSE
THOSE WEEKLIES AND RURAL PAPERS
HAVE AN ABILITY TO DO THAT. I
DON'T THINK THE PUBLIC POLICY
SHOULD STRICTLY BASED UPON WHO
REACHES THE MOST PEOPLE. I THINK
THAT THERE SHOULD BE THERE IS A
VALUE AND REASONING TO HAVE A
PUBLIC NOTICE. EVEN IF NUMBERS
MAY DICTATE YOU GO ONLINE AND
MAYBE MORE PEOPLE LOOKING AT IT,
YOU MIGHT PEOPLE PEOPLE
CRISSCROSSING THE STATE IS GOING
TO LEAN SALES AS AS PART OF WHAT
THEY DO FOR A LIVING. AND SO,
YES, THEY MADE MAYBE GOING
ONLINE MORE. UM BUT IN
CONVERSATIONS WITH THE AUTHOR
HE'S COMMITTED TO CONTINUING TO
WORK TO TRY TO FIND TRYING TO
THREAD THAT MEET ON IT IS A
CHALLENGING ONE. BUT I DO HOPE
THAT BOTH SIDES CAN CONTINUE TO
WORK TOGETHER. I'LL BE VOTING
FOR THIS TODAY, BUT ANY FUTURE
VOTES WILL BE UNDER
CONSIDERATION BASED UPON THE
ABILITY FOR SOME KIND OF
COMPROMISE IS STILL ALLOWS FOR
THE VALUE THAT I BELIEVE IT DOES
EXIST. IN PUBLICATION, BUT WITH
THE UNDERSTANDING THAT WE ARE
LIVING IN A DIFFERENT DIGITAL
WORLD NOW AND THAT THE BALANCE
MAYBE A LITTLE BIT MORE
DIFFERENT THAN IT MAY HAVE BEEN
30 40 YEARS AGO. THANK YOU, MR
CONNELLY. YES THANK YOU, CHAIR
AND ALSO APPRECIATE THE AUTHOR
COMING FORWARD AND ALSO BEING
WILLING TO TALK FURTHER ABOUT
THIS BILL. I FULLY UNDERSTAND
THE INTENT BEHIND IT, AND I
THINK MY COLLEAGUE SPOKE TO THAT
AS WELL. BUT I DO HAVE CONCERNS
, UM, ON A COUPLE OF ACCOUNTS,
ONE IS FROM AN EQUITY
STANDPOINT. THE FACT THAT WE DO
HAVE A DIGITAL DIVIDE. NOT
EVERYONE IS ONLINE. UH IN MY
AREA. WE HAVE TWO SIGNIFICANT
REGIONAL NEWSPAPERS. FOLKS RELY
ON THOSE FOR PUBLIC NOTICE.
STILL UH AND IT'S NOT LOST ON
ANY OF US AS WELL. JUST THAT
THOSE PAPERS ARE STRUGGLING
RIGHT NOW THERE IS A FINANCIAL
CAMP OAN INTO AS WELL AS A
PUBLIC POLICY AND TRANSPARENCY
AS WELL AS EQUITY COMPONENT TO
THIS. SO FOR THOSE REASONS, I
APPRECIATE THAT THE CONVERSATION
WILL BE GOING FORWARD. I'M NOT
GOING TO BE ABLE TO SUPPORT IT
AT THIS TIME. MS PACHECO. SO I
HAD A QUESTION TO THE OPPOSITION
AND ACTUALLY HAD A CONVERSATION
WITH THE AUTHOR OF THIS BILL
LAST NIGHT. SO READING THE BILL
AND WITH THE CONVERSATIONS WITH
THE AUTHOR, IT APPEARS THAT THIS
BILL WOULD JUST ALLOW AN
ALTERNATIVE METHOD, SO THERE'S
STILL A REQUIREMENT THAT IT BE
PUBLISHED OR NOTICED IN THE
LOCAL NEWSPAPER. BUT IN ADDITION
TO THAT IT WOULD ALSO BE ONLINE.
SO I MY UNDERSTANDING IS IT'S
BOTH. IS THAT NOT YOUR
UNDERSTANDING THAT IS NOT MY
UNDERSTANDING, SO IT PROVIDES AN
EITHER OR OPTION THAT DOESN'T
ALLOW FOR IT TO BE PUBLISHED IN
PRINT AND ONLINE. CURRENTLY
THEY'RE ALLOWED TO PUBLISH THESE
NOTICES ONLINE. IT JUST DOESN'T
FEEL THE LEGAL STATUTORY
REQUIREMENTS FOR THE PRINT
PUBLIC NOTICE. SO THEN I'LL HAND
IT OVER TO NOW THE AUTHOR WHO
CAN CHIME IN ON THAT THE
LANGUAGE SAYS THAT THEY ARE
ALLOWED TO CONTINUE TO DO THE
NEWSPAPER ONCE INSTEAD OF TWICE
. WE ALSO REACH OUT TO THE
OPPOSITION IN DISCUSS SIX
DIFFERENT WAYS TO COMPROMISE TO
FIND A MEDIUM POINT WHERE WE
COULD AGREE ON IT. AND WE WERE
NEVER NEVER HEARD BACK AS OF
FRIDAY AT TWO PM, WHEN WE ASKED
HIM TO GET BACK TO US, AND WE
DID HAVE 66 WAYS OF HAVING THAT
DIALOGUE TO CONTINUE, AND IF YOU
RECALL AT THE BEGINNING, I DID
SAY THAT WE WERE WILLING TO
ACCEPT ANY ANY COMPROMISES
STATED ABOUT TWO COMMITTEE
MEMBERS WERE OPEN TO THAT. BUT
AGAIN, WHICH HAS NEVER HEARD
BACK FROM THE OPPOSITION AS A
PREDATOR, TWO P.M. SO IT WOULD
BE REQUIRED TO BE IN PRINT AND
ONLINE. THE ONLINE WOULD BE JUST
ANOTHER ALTERNATIVES, BUT THE
PRINT WOULD STILL BE REQUIRED
CORRECT. YEAH WE'RE NOT REMOVING
THE NEWSPAPER COMPONENTS JUST
PROVIDING THE ALTERNATIVES THE
ALTERNATIVES TO ADD. IN ADDITION
, SO IT WOULD BE PRINTED AND IN
ADDITION TO THAT THEY COULD
PERSON COULD ALSO DO IT ONLINE
AND I DID READ THE BILL. AND IT
SAYS THE ONLY THING THAT'S BEEN
STRICKEN IS JUST IT SAYS, UM,
SHALL BE PUBLISHED ONCE. IN A
NEWSPAPER INSTEAD OF ONCE A WEEK
FOR TWO WEEKS CONSECUTIVELY AND
I'VE SEEN THAT LANGUAGE IS
STRICKEN. BUT AGAIN, MY
UNDERSTANDING IS PRINTED IS
STILL NECESSARY. TO MAKE SURE
THAT NOTICE IS PROVIDED TO A
SUBSTANTIVE THAT SUBSTANTIAL
NUMBER OF INDIVIDUALS BUT IN
ADDITION TO THE PRINT, IT WOULD
BE ONLINE AND THAT'S A
CONVERSATION I HAD WITH THE
AUTHOR. YES. MR CARILLO? YES
THAT'S THE CONVERSATION WE HAD.
AND WE EVEN, UH PROVIDED THE
OPPOSITION AND OPTION TO
CONTINUE TO DO THE NEWSPAPER AD
BUT REMOVING THE CONTENT OF THE
AD NEWSPAPERS CHARGED BY THE
LINE AND TYPICALLY THE WAY THAT
THEY ADVERTISE THESE CELLS IS BY
ALSO INCLUDING THE CONTENTS OF
THE STORAGE UNITS. SO WE DID
REACH OUT TO THEM. WE ASKED HIM
IF WE CAN ONLY ADVERTISE IT ON
THE PAPER, BUT ON LIMITING THE
NUMBER OF LINES THAT ARE GOING
TO BE PUBLISHED. THAT'S WHAT ONE
OF OUR COMPROMISES THAT WE REACH
OUT TO THEM. WE NEVER HEARD BACK
FROM THEM. UNDERSTAND QUESTION.
HOLD ON. BUT I WOULD JUST ADD. I
HOPE THERE IS THIS CONTINUED TO
BE DIALOGUE FROM THE OPPOSITION
AND WITH THE AUTHOR OF THE BILL
, I THINK THE AUTHOR WANTS TO
COMPROMISE SO HOPEFULLY YOU CAN
REACH OUT TO HIM AND CREATE THAT
COMPROMISE BECAUSE I AGREE WITH
YOU, THE MORE PEOPLE THAT KNOW
ABOUT THE STILL NOTICES
IMPORTANT. UH AND SO I AGREE
WITH YOU AT TWO. YOU KNOW WHAT
YOU'RE SAYING, BUT IT SEEMS LIKE
THE AUTHOR IS WILLING TO WORK
WITH YOU. SO HOPEFULLY THERE CAN
BE DIALOGUE AND I THANK YOU VERY
MUCH FOR HAVING A CONVERSATION
WITH ME LAST NIGHT. YEAH. JUST
BRIEFLY. THERE'S NOT REALLY A
QUESTION, BUT I'LL LET YOU GO
BRIEFLY BECAUSE I'VE BEEN
WATCHING YOU FIDGET, SO GO AHEAD
. YEAH APPARENTLY, I GET LOOK ON
MY FACE WHEN I'M AFRAID AND JUMP
IN. UM SO FIRST I WANT TO
APOLOGIZE FOR NOT REACHING OUT
TO YOUR OFFICE DIRECTLY FRIDAY.
MY UNDERSTANDING IS THAT WE
SPOKE WITH COMMITTEE STAFF. UM
ABOUT THAT. AND SO I DO LOOK
FORWARD TO HAVING THOSE
CONVERSATIONS AND CONTINUING. I
HOPE THAT WE CAN FIND A
COMPROMISE HONESTLY. UM MY
UNDERSTANDING OF THE AMENDMENTS
WAS THAT IT DIDN'T INCLUDE THE
IMPRINT. IT WAS JUST THE OR
OPTION. UM, SO I'D ASKED FOR
CLARIFICATION ON THAT. WELL THE
CLARIFICATION AND FOR THAT WOULD
BE THE ORE BECAUSE AGAIN WE TRY
TO REACH OUT TO YOUR OFFICE.
WHENEVER HEARD BACK FROM YOU
ACTUALLY GAVE YOU SIX OTHER
OPTIONS, UH AND STATED BY
MEMBERS HERE WE ARE WILLING TO
CONTINUE THE CONVERSATION. IT
SOUNDS LIKE WE NEED TO GET ON
THE SAME PAGE SO I WILL MAKE
SURE AND FOLLOW UP IMMEDIATELY
FOLLOWING THIS VERY NIGHT. UM
THANK YOU. WELL, I'M JUMPING
RIGHT INTO THE CONFUSION. SO IS
IT OR OR AND OR AND NEWSPAPERS
AND OR OR IS IT AND IT SHOULD
NOT BE OR SHOULD IT BE? AND
BECAUSE WE'RE TALKING ABOUT BOTH
NEWSPAPERS, AND I'M GLAD YOU
MADE THE POINT OF THE LEGAL
CERTIFICATION OF THIS NOTICE,
WHICH IS NOT REQUIRED IN THE
INTERNET WEB VERSION. FOR THE
LANGUAGES TO IT SAYS OR IT'S NOT
BOTH ITS OR AND IF WE LOOK AT
HOW PEOPLE ARE REALLY REACHING
OUT, THERE'S 90% OF HOMES THAT
HAVE ACCESS AND THEY'RE THE
CONTINUES TO INCREASE, BUT THERE
IS MORE PARTICIPATION IN THIS
SALES BY DIGITAL ADVERTISING,
BECAUSE PEOPLE ARE ABLE TO SEE
IT MORE ABOUT 90% MORE. WHEN WE
LOOK AT THE REVENUE FROM ALBERTA
HAS BEEN A NEWSPAPER. IT'S BEEN
DROPPING SURE, WE ALL KNOW MEAN
ACCESS TO INTERNET IT CONTINUES
TO GROW. OUR GOAL IS TO GET IT
OUT THROUGHOUT THE STATE,
OBVIOUSLY, BUT ADVERTISING A
NEWSPAPER THAT A SHOWS THAT
THEIR ADVERTISEMENTS ACTUALLY
INCREASING, UH, DOING DIGITAL
ADVERTISEMENT AS FAR AS REVENUE
TO THE NEWSPAPERS SINCE AGAINST
IN 1981. WE'VE WE'VE SEEN THAT
CHANGE AND IT'S A DIFFERENT
WORLD UP. MORE AND MORE PEOPLE
ARE GETTING THEIR NEWS OR
ACCESSING THIS DATA DIGITALLY
AND IT'S JUST INCREASING AND
THAT'S WHAT OUR GOAL IS HERE IN
THE STATE TO PROVIDE, YOU KNOW,
CERTAINLY GET THAT WE ALL GET
OUR NEWS IN DIFFERENT WAYS,
DIFFERENT PLATFORMS, BUT I KNOW
FROM A LOCAL AND PUBLIC
GOVERNMENT. I MEAN, LEGAL
NOTICES ARE STILL REQUIRED AND
PRINT MEDIA I KNOW AT THE LOCAL
LEVEL. CERTAINLY EVERY NOTICE
FROM A LOCAL JURISDICTION IS
STILL FOUND IN PRINT MEDIA. AS
WELL AS PERHAPS THE INTERNET. UH
SO I ALL I'M INTERESTED IN
TRANSPARENCY AND JUST HAVING
ACCESS TO BOTH FORMS, AND IF
YOU'RE WILLING TO DO THAT, I
THINK THAT WOULD BE A GOOD
SOLUTION TO THIS TO MAKE SURE
AND THEN I THINK MY STAFF TO
TALK WITH YOU. AH! MR CARILLO
THAT, UM, THE INTERNET.
ORIGINALLY YOU PROPOSED THE
INTERNET AD PLACEMENT WOULD BE
FOR ONE WEEK, BUT IT WOULD BE
GOOD FOR TWO WEEKS. I GUESS JUST
TO GIVE IT BROADER CIRCULATION,
SO I'M NOT OPPOSED TO INTERNET
I'M JUST TRYING TO CREATE TWO
VIABLE PLATFORMS OF INFORMATION
AVAILABLE OVER TWO WEEKS. OKAY
ALRIGHT. ALRIGHT. THANK YOU. SO
DO WE ALL AGREE THAT IT'S AND NO
, NO, I DON'T KNOW. IT'S OR OKAY
. ALL RIGHT. THANK YOU. IT IS A
LITTLE CONFUSING. MR. I THINK
YOU'RE THERE'S A LITTLE BIT OF A
TREND THAT THERE'S STILL NEEDS
TO BE A LITTLE BIT OF WORK ON
THIS LANGUAGE. I THINK YOU KNOW
THE COMMITTEE IS SORT OF
COMMUNICATING. IT SEEMS AS IF
YOU'RE WILLING TO DO THAT. SO AS
FAR AS THAT LANGUAGE ISSUE, MS.
DIXON. I BELIEVE IT STILL IS.
BEFORE. SO THAT'S WHERE THAT'S
AT MORE COMMENTS, THOUGH, MR
ASTLEY THAN MISS PAPIN. THANK
YOU, MR CHAIR. MY COMMENTS ARE A
LITTLE DIFFERENT FIRST. I THINK
THIS BRINGS UP A GOOD POINT. AND
MAYBE WE JUST NEED TO LOOK AT
PUBLIC NOTICES AS A WHOLE. I DO
THINK THERE ARE A RELIC. TO THE
OLD DAYS WHEN EVERYONE USED TO
READ THE SAME PAPER. AND YOU
KNOW, MAYBE THE INTENT IS JUST
TO GET IT OUT TO THE PUBLIC. SO
MAYBE THERE SHOULD BE A JUST A
GOVERNMENT WEBSITE OR SOMETHING
THAT DOES THAT? I DON'T KNOW. UM
BUT MY CONCERN HERE IS THE
NOTICE BEING MOVED FROM TWO
WEEKS TO ONE WEEK. AND BECAUSE
THE INTENT OF THIS NOTICE IS TO
GET THE HIGHEST BID FOR THE
STORAGE, UH, LOCKERS CORRECT. IS
THAT? IS THAT CORRECT? OKAY AND
THE ACCESS MONEY THAT EQUITY
WOULD GO TO THE STORAGE OWNER
CORRECT. YEAH HE'S ASKING A
QUESTION. I'M ASKING. OKAY THANK
YOU. GOOD QUESTION. UM NO. THE
EXCESS MONEY REVERTS BACK TO THE
CUSTOMER. THAT'S WHAT I SAID THE
OWNER. I'M SORRY. I GUESS I
MEANT THE CUSTOMER, THE CUSTOMER
AND IN THE EVENT, THE CUSTOMER,
UM AH, IT'S NOT FOUND OR DOES
NOT CLAIM IT. THEN IT SHEETS TO
THE COUNTY. OKAY BUT MY CONCERN
IS BY REMOVING IT FROM TWO WEEKS
TO ONE WEEK. YOU'RE GONNA LOWER
THE POTENTIAL BIDDERS AND MONEY
THAT THAT CUSTOMER WOULD HAVE
OTHERWISE GOT. SO MY QUESTION IS
, WOULD YOU CONSIDER KEEPING IT
AT TWO WEEKS? POSSIBLY IF IT'S
ONLINE? YES. YEAH NO, I THINK
YOUR BILL IS TO MAKE ONLINE AN
OPTION. I DO SUPPORT YOU GUYS
WORKING TOGETHER. MAYBE. YOU
POSTED ON THEIR WEBSITE FOR
SOMETHING REALLY CHEAP. I DON'T
KNOW. I THINK THERE'S A CREATIVE
SOLUTION, BUT I WOULD THINK IT'S
REALLY IMPORTANT THAT WE
MAXIMIZE THE NUMBER OF BIDS
BECAUSE I WANT TO MAKE SURE THAT
CUSTOMER IS NOT SHORT CHANGED.
UM, I THINK YOU WANT TO RESPOND
THAT THAT'S THE END OF MY
COMMENTS. YES, THANK YOU. IF I
CAN RESPOND QUICKLY. WE WANT TO
COMPROMISE. OKAY AND I THINK WE
ALL AGREE. IT'S ARCHAIC. LET'S
UPGRADE IT TO. YOU KNOW TODAY'S
STANDARDS, AND I APPRECIATE THAT
, UM, CURRENTLY RIGHT NOW, IT'S
COSTING ME IT'S A TAX OF
$102,000 EACH YEAR IN LEGAL
ADVERTISING, OKAY, BUT THEN ON
TOP OF THAT, I HAVE TO GO OUT
AND ADVERTISE TO GET CUSTOMERS
IN. OKAY ON THESE ONLINE
WEBSITES THAT DRIVE THE
CUSTOMERS TO BID UP THE CELLS,
THEY'RE MUCH MORE EFFECTIVE. AND
JUST FOR EXAMPLE, IF YOU GOOGLE
STORAGE UNIT LEAN CELLS NEAR ME
. OKAY YOU'RE GOING TO FIND THE
ON SITE OR ON LINE. WEB AUCTION
SERVICES ARE NUMBERS 12 AND
THREE. I DON'T SEE ILLEGAL
ADVERTISEMENT OR NEWSPAPER
ANYWHERE ON YOU KNOW, MULTIPLE
PAGES. SO THIS WE'RE BRINGING
OUT WE'RE ADVERTISING MORE TO
GET MORE PEOPLE. AS I SAID, IT'S
COST ME $500 LOST EVERY UNIT, SO
I WANT TO I DON'T DISAGREE, AND
I SUPPORT MOVED MODERNIZING IT.
I JUST WANT TO MAKE SURE THERE'S
ENOUGH TAX SUFFICIENT TIME TO
GET THE HIGHEST BIDDERS BECAUSE,
LIKE I SAID, THAT MONEY IS NOT
GOING TO YOU. IT'S GOING TO GO
BACK TO THAT CUSTOMER, SO I JUST
WANT TO MAKE SURE SOMEONE'S
LOOKING OUT FOR THAT PERSON IN
THIS CHAIN, AND THAT'S THAT'S
ALL MY COMMENTS HAPPEN. SO THREE
THINGS NUMBER ONE CONJUNCTIONS
MATTER, SO LET'S FIGURE OUT
WHERE WE ARE WITH AND OR NUMBER
TWO. YOU KIND OF TOUCHED ON
THIS. I'M WONDERING WHAT IT
COSTS TO ADVERTISE WITH YOU
ONLINE AND MY LOCAL NEWSPAPER
THAT I LOVE DEARLY HAS AN ONLINE
E EDITION THAT MIRRORS EXACTLY
WHAT'S IN PRINT. BUT THEN YOU
CAN ALSO JUST GO ONLINE AND JUST
SEE WHAT ARTICLES ARE THERE.
THEY ADVERTISE THEIR SO THERE
MAY BE SOME THING THAT YOU FOLKS
CAN TALK ABOUT THAT PART OF THAT
COMPONENT. YOU KNOW, MAYBE YOU
DO ONE. WE CAN PRINT YOU DO ONE
WEEK ONLINE WITH YOUR NEWSPAPER
BECAUSE PEOPLE DO GO TO THE
NEWSPAPER FOR THESE NOTICES. UM
AND I KNOW THAT YOU'RE ONLINE
READERSHIP WITH MOST OF YOUR
PUBLISHERS I WOULD VENTURE TO
GUESS HAS GONE UP AND UP AND UP.
AND SO, YOU KNOW, MAYBE YOU DO
THAT FOR A CHEAPER RATE THAN
OUR, UH, STORAGE OWNER HERE
WOULD WOULD PREFER AND THAT
MIGHT BE SOMETHING THAT YOU ALL
CAN WORK OUT LATER. AND I JUST
DON'T WANT IT TO AFFECT STORAGE
WARS. THAT'S IT, SO ANYWAY,
MIGHT WANT TO WORK OUT SOMETHING
LIKE THAT ANY OTHER QUESTIONS OR
COMMENTS? YEAH, MR CHICKEN. SO
IT SEEMS LIKE THE OPPOSITION
WANTED TO SAY SOMETHING EARLIER,
AND I JUST I'M CURIOUS TO HEAR
WHAT YOU WANTED TO SAY. IT FELT
LIKE YOU WANTED TO SAY
SOMETHING. UM I MEAN, I JUST
LOOK FORWARD TO THE OPPORTUNITY
TO CONTINUE WORKING WITH THE
AUTHOR ON THIS. I THINK YOU KNOW
OUR POINT IS THAT IT SHOULD BE
SEEN BY THE MOST AMOUNT OF
PEOPLE POSSIBLE, AND WE FEEL
THAT THAT IS BEEN VERIFIED BY A
COURT TO BE IN A NEWSPAPER OF
GENERAL CIRCULATION. BUT WE DO
UNDERSTAND THE IMPORTANCE OF
TECHNOLOGY AND REACHING
ADDITIONAL FOLKS VIA THE
INTERNET, WHICH IS WHY WE HAVE
TAKEN STEPS ON OUR OWN AS AN
ASSOCIATION TO MAKE SURE THAT
THAT IS HAPPENING AS WELL. SO
THANK YOU. THANK YOU VERY MUCH,
AND I JUST WANT TO ADD. I HOPE
YOU CAN WORK TOGETHER. I PREFER
THE AND NOT THE OR BECAUSE I
BELIEVE IT SHOULD GET TO THE
MOST AMOUNT OF PEOPLE. UH SO
HOPEFULLY THERE CAN BE DIALOGUE
AND COMPROMISE. UH AND I'M
LOOKING FORWARD TO SEE WHAT
COMES OUT AT THE END. SO THANK
YOU VERY MUCH. THANK YOU. OKAY.
SEEN NO FURTHER QUESTIONS OR
COMMENTS FROM THE COMMITTEE. MR
GRAY, I THINK YOU YOU'VE SEEN A
GENERAL CONSENSUS DESIRE AND
PART OF THE COMMITTEE CONTINUE
TO WORK TOGETHER. OBVIOUSLY
MAYBE WORK OUT SOME OF THIS.
SOME OF THIS LANGUAGE NEEDS TO
BE WORKED OUT AS WELL. BUT TO
MAKE SURE I THINK THE ISSUES
RAISED WHICH CERTAINLY I SHARE
THE VIEWPOINT OF MAKE SURE THAT
ACCESS AND AVAILABILITY IS
AVAILABLE TO A BROADER AUDIENCE
. APPRECIATE YOUR COMMITMENT TO
CONTINUE TO WORK. ON THIS ISSUE.
AH AND WITH THAT, YOU MAY CLOSE
. WELL, THAT'S AWESOME. IT WAS
IN A SAY THAT I THANK YOU FOR
YOUR TIME AND CONSIDERATION. AND
THIS MY BELIEF WOULD MODERNIZE
ITSELF STORES BUSINESS IN
CALIFORNIA. PUT IT IN LINE WITH
WHAT OTHER STATES HAVE DONE AND
SIMILAR POLICY. AND I
RESPECTFULLY ASK FOR YOUR VOTE.
SEEING THAT THE CONVERSATION,
YOU KNOW, I DON'T KNOW WHAT THE
NEXT STEP HERE WILL BE. OKAY. DO
WE HAVE A MOTION? SO WE HAVE A
MOTION FROM ISRAEL'S SECOND FROM
MR RIVAS. THE MOTION IS DUE PASS
AS AMENDED, ASKED CLARK TO
PLEASE CALL THE ROLL.
MAIENSCHEIN MAIENSCHEIN I, SALI
CONNOLLY. HI CONNOLLY. I DICKSON
DICKSON. I HANEY HANEY. I KALRA
TÔI PACHECO CHECCO I PAPIN
HAPPENED. I REYES RACE I REVERSE
IS I SANCHEZ SANCHEZ, I MOTION
PASSES. THANK YOU, MR HOLDEN.
YOU GOTTA ADMIT STORAGE VOICES
HOUSE. ALWAYS FUNNY. I KNOW IT
DOES. TELL. YEAH, GRAVITY. THANK
YOU. WELCOME MR HOLDEN. AH, YOU
MAY PROCEED. THANK YOU, MR CHAIR
. I LIKE TO TAKE THE CHAIR AND
COMMITTEE FOR WORKING WITH MY
STAFF ON THIS BILL. I'D LIKE TO
START BY SAYING THAT I'M PROUD
OF BEING A PART OF A LEGISLATIVE
BODY THAT TAKES HAZING
SERIOUSLY. AS MANY OF YOU KNOW,
CALIFORNIA ALREADY CODIFIED LAWS
IN 2006 THAT MAKE ENGAGING IN
HAZING UNLAWFUL. DESPITE THIS,
WE CONTINUE TO SEE HAZING
INCIDENTS OCCUR AROUND
EDUCATIONAL INSTITUTIONS,
OFTENTIMES PROVING TO BE FATAL.
IN FACT, AS I SIT HERE BEFORE
THIS MEMBER COMMITTEE I CAN TELL
YOU THAT BETWEEN 2006. AND NOW
SEVEN OF YOU HAVE HAD HAZING
INCIDENTS OCCUR IN YOUR DISTRICT
AND FIVE OF THOSE SEVEN OCCURRED
AT A HIGH SCHOOL. IT IS CLEAR
THAT OUR LAWS ARE OVERLOOKING A
KEY PLAYER WHEN OUTLINING
RESPONSIBLE PARTIES, THE
EDUCATIONAL SYSTEM ITSELF. HOW
IS IT? DISEASE INSTITUTIONS CAN
PROMOTE AND PROFIT FROM STUDENTS
PARTICIPATION IN CERTAIN
EXTRACURRICULAR ACTIVITIES, BUT
NOT SHARE THE RESPONSIBILITY
WHEN TRAGEDY OCCURS. MAYBE 299
ADDRESSES THIS BY INCENTIVIZING
EDUCATIONAL INSTITUTIONS TO BE
MORE PROACTIVE IN ADDRESSING
HAZING INCIDENTS BEFORE THEY
HAPPEN. THIS BILL ALLOWS FOR
CIVIL ACTION TO BE BROUGHT
AGAINST AN EDUCATIONAL
INSTITUTION THAT KNEW OR SHOULD
HAVE KNOWN OF THE DANGEROUS
HAZING PRACTICES OF AN
AFFILIATED ORGANIZATION.
ADDITIONALLY IT ALLOWS
CONSIDERATION TO BE GRANTED TO
THE INSTITUTION PROVIDED THEY
HAD SPECIFIED HAZING PREVENTION
PROCEDURES IN PLACE PRIOR TO THE
HAZING INCIDENT. IT'S TIME TO
HOLD ALL PARTIES INVOLVED
RESPONSIBLE FOR THESE TRAGEDIES
IN HOPE. THAT WE COME TOGETHER
TO PREVENT THEM IN THE FUTURE.
HERE WITH ME TO TESTIFY AND
SUPPORT ASSEMBLY BILL 22 99 ARE
JULIE AND VERY DIVERSE. DIVERSE
CELIE DIVERSE ALY CLOSER. THANK
YOU FOR BEING HERE. THANK YOU.
CHAIR MEMBERS FOR THE
OPPORTUNITY TO TESTIFY IN
SUPPORT OF A B 2 99. I'M GERRI.
DIVERSELY IS MY WIFE, JULIE.
WE'RE PROUD PARENTS OF THREE
CHILDREN. WE SERVE ON THE BOARD
OF DIRECTORS AT THE CLEARING
CENTER. WE'VE CREATED A SHORT
DOCUMENTARY EDUCATIONAL
DOCUMENTARY CALLED WE DON'T PAYS
, AND WE'RE ALSO PROPONENTS OF
THE REACH ACT IN THE NATIONAL
BILL TO REACH ACT. BUT THIS IS
OUR OLDEST SON, GARY JR. HE WAS
BORN AND RAISED IN LONG BEACH,
CALIFORNIA, FRESH GIVING WOULD
SAY HE WAS A PRODUCT OF THE 562
. SO GARY WAS LEFT HANDED
PITCHER IN THE FIRST BASEMENT.
AND HE WAS A YOUNG MAN WHO WAS
DRIVEN TO SUCCEED. HIS GOAL WAS
TO BE A GM OF A MAJOR LEAGUE
BASEBALL TEAM IN TO ACHIEVE THAT
GOAL, HE WENT ACROSS THE COUNTRY
TO WRITE OR UNIVERSITY BECAUSE
THEY HAD AN ACCELERATED PROGRAM
FOR HIM TO GET AN MBA IN FIVE
YEARS. AND HE PARTNERED WITH
OTHER LIKE MINDED STUDENTS ARE
WRITER AND THEY CAUGHT IT. THEY
CALLED IT. TEAM N B. A
UNFORTUNATELY, GARY'S LIFE WAS
CUT SHORT. ON MARCH 29TH 2007.
AROUND TWO A.M. MY FAMILY WAS
AWAKENED BY POUNDING ON HER
FRONT DOOR. WE FOUND 8 TO 10.
LONG BEACH POLICEMEN OUT FRONT.
THEY TOLD US OUR SON HAD BEEN IN
IT IN AN ACCIDENT, AND THEY GIVE
US A PHONE NUMBER TO CALL OF A
NEW JERSEY HOSPITAL. WHEN WE
CALLED THE DOCTOR TOLD US THAT
WE HAD TO HURRY. HE WAS GOING TO
TRY TO GET SCARY TO LIVE THROUGH
THE NIGHT SO WE COULD SEE HIM.
THAT WAS THE BEGINNING OF OUR
WORST NIGHTMARE. WE PACKED OUR
BAGS AND WITH HER TWO YOUNGER
CHILDREN IN TOW, WE FLEW TO NEW
JERSEY TO BE WITH HIM. THERE WAS
A LONG HIS PLANE RIDE OF HER
LIFE. ON MARCH 30TH 2007 AT THE
AGE OF 18. MY SON, GARY LEWIS,
DIVERSELY JUNIOR, DIED AS A
RESULT OF A HAZING RITUAL. NO
PARENT SHOULD EVER HAVE TO GO
THROUGH WHAT WE HAVE. AS PARENTS
WHEN SOMETHING BAD HAPPENS, YOU
QUESTION YOURSELF. HOW DID I
FAIL? WHAT DID I DO WRONG? WHAT
WHAT DID I MISS? AND THIS WAS
OBVIOUSLY NO DIFFERENT. YOU SEE
GARY JR HAD ASKED US FOR
PERMISSION TO JOIN THE
FRATERNITY. HE WAS 18. HE DIDN'T
NEED TO, BUT THAT'S A
RELATIONSHIP WE HAD. HE STILL
CAME TO MOM AND DAD. HE'S IN WAS
A CONCERN OF OURS AND OF HIS
WHEN THE POSSIBILITY OF BEING
HAZED WAS BROUGHT UP. KERRY WAS
CONFIDENT THAT HE WOULDN'T BE
HAZED. THAT IT WASN'T A PROBLEM
AT RIDER UNIVERSITY HAD
PARTICIPATED IN HAZING AWARENESS
WEEK. AND IT WAS A FELONY IN NEW
JERSEY TO HAZE JUST LIKE IT IS
HERE IN CALIFORNIA. WE DID
RESEARCH REALLY HOPING TO FIND A
REASON TO SAY NO, BUT WE
COULDN'T FIND ANYTHING. AFTER WE
GOT HOME FROM WRITER WE TOOK AN
EVEN DEEPER DIVE INTO
RESEARCHING HAZING ISSUES TO SEE
WHAT WE HAD MISSED. WE FOUND WE
HADN'T MISSED ANYTHING. WE AS A
SOCIETY ARE FAILING. OUR MOST
PRECIOUS RESOURCE IS OUR SONS
AND DAUGHTERS. AS WE WENT
THROUGH GARY'S THINGS WE FOUND
HIS HIGH SCHOOL ENGLISH JOURNAL.
IN ONE OF HIS ENTRIES, HE WROTE
ABOUT HAZING. HE WROTE. IF
YOU'RE A HIGH SCHOOL ATHLETE, I
CAN GUARANTEE YOU. IF YOU
HAVEN'T BEEN HAZED, YOU'VE SEEN
IT. OUR BROKEN HEARTS ACT EVEN
MORE. GARY'S HAZING. DEATH MADE
NATIONAL NEWS. WE WERE FORTUNATE
, WHICH SEEMS ODD TO SAY BECAUSE
HE DIED. THE DETECTIVE WHO
CAUGHT THE CASE RECOGNIZE THE
CRIME SCENE AS A HAZING, AND HE
WORKED THE CASE FROM START TO
FINISH AS ONE FIVE PEOPLE WERE
INDICTED IN THE FELONY HAZING
DEATH OF OUR SON. IT WAS THE
FIRST TIME UNIVERSITY OFFICIALS
WERE INDICTED IN THE HAZING
DEATH OF A STUDENT, THOUGH THOSE
CHARGES WERE DROPPED PRECEDENT
WAS SET THAT UNIVERSITY
OFFICIALS CAN BE HELD LIABLE IN
THE HAZING DEATH OF THEIRS.
STUDENT THE OTHER THREE INDICTED
WERE FIVE CAPITALS PRESIDENT THE
PLEDGE MASTER AND THE HOUSE
MANAGER WHO HAPPENED TO BE A
PAID EMPLOYEE OF THE UNIVERSITY
WHO KNEW OF THE HAZING RITUALS
THAT WENT ON. THIS PUT WRITER IN
A POSITION OF LIABILITY AND
ALLOWED US TO SEEK CIVIL ACTION
AGAINST THEM. AS A RESULT WE
MADE OVER 20 PRESIDENT SETTING
ON MONETARY DEMANDS OF WRITER
THINGS THAT SHOULD HAVE BEEN IN
PLACE PRIOR TO OUR SON EVER
ATTENDING SCHOOL. LAST MONTH, WE
WENT BACK TO NEW JERSEY AND WE
MET WITH NOW CAPTAIN CAPTAIN
LECH HE SHARED WITH US THAT
PRIOR TO GARY'S DEATH, THE
POLICE WERE AT WRITER SEVERAL
TIMES A DAY. HE SAID THAT SINCE
THE NON MONETARY DEMANDS THAT WE
DEMANDED A WRITER WERE MADE,
THEY RARELY IF EVER GO BACK TO
THE SCHOOL. IT'LL BE 16 YEARS ON
MARCH 30TH 16 YEARS SINCE OUR
SON WAS KILLED UNNECESSARILY. 16
YEARS SINCE WRITER HAS HAS NOT
MADE HEADLINES. FOR OUR HAZING
RELATED TRAGEDY OR DEATH. WE
DON'T KNOW OF ANY OTHER
INSTITUTION THAT CAN SAY THAT.
EDUCATIONAL INSTITUTIONS HAVE A
DUTY OF CARE TO PROTECT THEIR
STUDENTS, OUR SONS AND DAUGHTERS
AGAINST HAZING. IT SHOULDN'T
TAKE A TRAGEDY OR A DEATH TO GET
THEM TO DO THE RIGHT THING. THE
PASSAGE OF HB 299 WILL BE A HUGE
STEP FORWARD IN OUR FIGHT TO END
HAZING. WE STRONGLY BELIEVE THAT
IF A BILL LIKE A B 299 WAS IN
EFFECT IN NEW JERSEY OUR SON
GARY JR WOULD BE ALIVE TODAY. WE
RESPECTFULLY ASK THAT YOU JOIN
US AND GIVEN I VOTE FOR THIS
BILL. THANK YOU. THANK YOU. AND
THANK YOU FOR YOUR TESTIMONY
BEHALF OF THE ENTIRE COMMITTEE.
WE ARE ALSO SORRY FOR YOUR LOSS
ANY FURTHER, UH, TESTIMONY AND
SUPPORT. SEEN NONE. TESTIMONY
AND OPPOSITION. GOOD AFTERNOON
TYLER. REGULAR MYTH AT
UNIVERSITY OF CALIFORNIA
UNIVERSITY DOES NOT HAVE AN
OPPOSED VISION ON THIS BILL. AND
IN FACT, WE AGREE WITH THE
INTENT OF THE BILL, WHICH IS TO
PREVENT AND HOPEFULLY ERADICATE
HAZING ALTOGETHER. I WANT TO SAY
PERSONALLY, WE'RE SORRY FOR YOUR
LOSS AS WELL. HOWEVER, WE HAVE
EXPRESSED SOME CONCERNS TO THE
AUTHOR'S OFFICE WERE WORKING AT
THEIR STAFF, AND WE LOOK FORWARD
TO WORKING WITH THEM IN THE
FUTURE. AS THE BILL MOVES TO ITS
NEXT COMMITTEE. THANK YOU. GOOD
MORNING, ALEX GRAZED THE
ASSOCIATION, INDEPENDENT
CALIFORNIA COLLEGES AND
UNIVERSITIES SIMILAR TO MY
COLLEAGUE FROM THE èC. WE DON'T
HAVE AN OFFICIAL OPPOSED
POSITION ON THIS BILL, BUT HAVE
ALSO EXPRESSED SOME CONCERNS TO
THE AUTHOR'S OFFICE WOULD ALSO
LIKE TO SEE IF WE CAN WORK
TOWARDS SOMETHING THAT WE FEEL
IS REASONABLE AND WORKS. THANK
YOU. THANK YOU ANY OTHER, UH,
TESTIMONY IN OPPOSITION POSITION
OPPOSITION POSITIONS SEEN NONE.
UH WE HAVE A MOTION FROM ISRAEL.
SECOND FROM MR RIVAS. UH ANY
QUESTIONS OR COMMENTS FROM THE
COMMITTEE? MR SALIH? UH, GOOD
MORNING. FIRST OF ALL EXTREMELY
SORRY FOR YOUR LOSS. I MEAN, I
CAN'T EVEN BEGIN TO IMAGINE WHAT
THAT'S LIKE. AND I THINK WE ALL
SYMPATHIZE WITH THAT, UM THE
CONCERN I HAVE ABOUT THE
LANGUAGE OF THE BILL IS ONE IS
THAT FIRST OF ALL SCHOOLS CAN
CURRENTLY BE HELD LIABLE UNDER
NEGLIGENCE STANDARD IS THAT YOUR
UNDERSTANDING OR IT IS. OKAY, SO
THIS WOULD I UNDERSTAND THIS
CORRECTLY, THIS IS GOING TO
HEIGHTEN THE STANDARDS FROM A
NEGLIGENCE STANDARD TO NOW, THE
SCHOOLS HAVE AN AFFIRMATIVE
DUTY. TO PREVENT TO IDENTIFY AND
PREVENT, UM, HARM THAT MIGHT
RESULT IN THE HAZING. AND SO I
JUST I WONDER ABOUT HOW
PRACTICAL THAT IS, IT MIGHT SET
UP A KIND OF A STRICT LIABILITY
STANDARD. SO I JUST I HAVE SOME
CONCERNS IN THAT REGARD, AND
WHEN A WORD IS GOING TO HAPPEN
IN THE SCHOOLS ARE JUST GOING TO
SAY, YOU KNOW WHAT? IT'S JUST
BETTER NOT TO HAVE ANY
SORORITIES OR FRATERNITIES OR OR
OR SCHOOL GROUPS. AND I THINK
THOSE ARE IMPORTANT SOCIAL
GROUPS THAT SCHOOLS SO I'M
HOPING MAYBE WE COULD, YOU KNOW,
LOOK AT THAT CLOSER AND FIGURE
IT OUT. I JUST DON'T WANT TO SEE
STUDENT GROUPS GO AWAY BECAUSE
THE UNIVERSITY SAY IT'S GOING TO
BE TOO MUCH OF A LIABILITY FOR
US TO HAVE THEM. UM I JUST
WANTED TO EXPRESS THOSE CONCERNS
DIRECTLY. IF YOU WANT TO
RESPOND, PLEASE. YEAH. ALL I CAN
SAY IS THAT NO, I APPRECIATE
THAT. BUT AT THE SAME TIME I
THINK WITH THIS BILL IS TRYING
TO SUGGEST IS THAT THERE IS A
AFFIRMATIVE RESPONSIBILITY AND
DUTY. FOR THE EDUCATIONAL
INSTITUTION TO TAKE EVERY STEP
POSSIBLE, ESPECIALLY WHEN THERE
IS UNDERSTANDING THAT THERE IS A
POTENTIAL FOR HARM. AND I THINK
THERE ARE WAYS TO DO THAT THEY
CAN NOT ONLY PROTECT THE
STUDENTS BUT PRESERVE THESE
AFFILIATED ORGANIZATIONS.
THEY'RE PART OF THE COLLEGE
CULTURE, BUT IT DOESN'T MEAN
THAT THEY SHOULD EXIST AND STILL
PUT YOUNG PEOPLE IN HARM'S WAY
AND THAT THE UNIVERSITY SHOULD
HAVE KNOWLEDGE AND UNDERSTANDING
TO THE EXTENT THAT THEY ARE
TAKING AFFIRMATIVE ACTIONS TO
ENSURE THAT THERE'S GREATER
AWARENESS AND UNDERSTANDING AND
TAKE A LITTLE BIT MORE
RESPONSIBILITY THAT I THINK THAT
THERE SHOULD BE SOME ABILITY AT
THE EVENT THAT THAT SOMETHING
HAPPENS. AND THEN YOU HAVE NOT
DONE THAT YOU'RE COMMITTED TO
WORKING WITH THE UNIVERSITIES TO
ADDRESS THOSE CONCERNS ALWAYS
OPEN TO HAVING DIALOGUE AND
UNDERSTANDING HOW WE CAN MAKE
THE BILL. BETTER THANK YOU. YES,
PACHECO. SO ACTUALLY, I HAD THIS
SAME EXACT CONCERNS AS MY
COLLEAGUE DID, UH, I'M CONCERNED
ABOUT IT BEING LIKE A STRICT
LIABILITY KIND OF SITUATION. UH
SO I'M ALSO HOPING THAT YOU'LL
SPEAK WITH THE UCS INTO THE
PARENTS. MY HEART GOES OUT TO
YOU. I CAN'T EVEN IMAGINE LOSING
A CHILD, ESPECIALLY TO SUCH A
HORRIFIC CRIME. SO MY HEART
REALLY GOES OUT TO YOU AND WE DO
NEED TO DO A BETTER JOB AT, UM,
PREVENTING HAZING BUT ALSO WOULD
LIKE TO SEE CONVERSATIONS WITH
THE WITH THE USE TEAS AND HIGHER
EDUCATION, UH, TO MAKE SURE THAT
THIS BILL IS CRAFTED SO THAT WAY
IT DOESN'T BECOME A STRICT
LIABILITY KIND OF SITUATION. SO
THANK YOU SO MUCH FOR BRINGING
THIS BILL FORWARD AND I HOPE YOU
WORK WITH THE WITH THE UCS TO
PERFECT THIS BILL EVEN MORE.
THANK YOU. MISS DIXON. THANK YOU
CHAIR AND THANK YOU, UH, I'M MY
HEART GOES OUT TO YOU. I GUESS
IF YOUR SON PASSED AWAY IN 2007
, YES. SO HERE WE ARE. 20 EVEN
HAVE YOU BEEN FIGHTING THIS
BATTLE? IT'S SOME FORM OF
VARIOUS LEGISLATIVE CHALLENGES.
AH COULD YOU JUST EXPLAIN TO ME,
MR HOLDEN? THE CURRENT LAW
PROHIBIT. HAZING AND IT REQUIRES
, ACCORDING TO MY NOTES, ANY
PARTICIPANT, MEMBER AGENT TRUSTY
MANAGER OFFICERS. SO HOW? WHY IS
THIS NECESSARY? WHAT STEP
FURTHER. ARE WE TRYING TO GET TO
WE'RE TRYING TO GET TO A PLACE
WHERE THE INSTITUTION OF HIGHER
LEARNING. TAKES SO, UM.
RESPONSIBILITY IN THE FACT THAT
THERE IS A AN ORGANIZATION.
AFFILIATE ORGANIZATION THAT THEY
HAVE SANCTIONED ON THEIR PART OF
THE UNIVERSITY. UM, OPERATION
THAT HAS PUT A YOUNG PERSON IN A
POSITION WHERE. THEY ARE
SUBJECTED TO HARM AND IN THE IN
SOME INSTANCES, HAZING WHICH
LEADS TO DEATH. AND THERE NEEDS
TO BE GREATER ACCOUNTABILITY. IN
THAT SITUATION, AND THIS BILL
SEEKS TO TAKE THIS TOO. THAT
LEVEL OF GREATER RESPONSIBILITY
AND ACCOUNTABILITY. IF YOU ARE.
YOU KNOW IF I'M A HOMEOWNER AND
I HAVE SOMEONE ON MY PROPERTY,
AND THERE'S A DANGEROUS ELEMENT
OF WHERE THEY CAN HURT
THEMSELVES WHILE ON MY PROPERTY
THAT I'M PROBABLY GOING TO BE
HELD LIABLE FOR THAT. SO IF
YOU'RE IF YOU'RE A UNIVERSITY.
AND YOU HAVE A YOUNG PERSON WHO
IS PART OF THE GREEK SYSTEM. AND
THAT SYSTEM IS KNOWN TO EMPLOY.
HAZING TACTICS. COMMON
KNOWLEDGE. HAPPENED BEFORE, AND
MAYBE NO ONE WAS SERIOUSLY
INJURED. BUT IN THE CASE OF SAN
DIEGO STATE, THERE WAS A
SITUATION WHERE A YOUNG PERSON
WAS INJURED. THAT HE WAS OVER
INTOXICATED. HE WENT BACK TO HIS
DORM. HE FELL OUT OF HIS DORM
AND FELL TO THE GROUND. AND
BASICALLY WAS KILLED IN THAT
INCIDENT. AND SO I THINK THAT
WHAT THIS BILL IS TRYING TO DO
IS TO TRY TO SAY TO THE
UNIVERSITY. YOU CAN'T STICK YOUR
HEAD IN THE SAND WHEN YOU
ALREADY KNOW THAT THESE ARE A
SERIES OF EVENTS THAT HAVE TAKEN
PLACE OVER AN EXTENDED PERIOD OF
TIME AND YOU CHOOSE NOT TO
INTERVENE AND DO ANYTHING TO TRY
TO CORRECT THE SITUATION AND PUT
GREATER SAFEGUARDS IN PLACE TO
THE EXTENT THAT THEY DO NOT DO
THAT. THEN THERE SHOULD BE
CONVERSATION ABOUT WHAT THAT
SHOULD MEAN. WELL THAT'S WHERE I
GUESS MY QUESTION WOULD BE. WHAT
IS THAT? IT'S BEHAVIOR THAT IS
CONTRIBUTING TO THE HAZING
ACTIVITY, SO THERE'S EDUCATION.
UM HOW DO YOU HOW DO YOU
LEGISLATE BEHAVIOR? AH, UM I
DON'T KNOW IF IT WAS THIS PART
OF HOW YOU WORK THIS OUT WITH
THE COLLEGES AND UNIVERSITIES
HOW TO DEFINE THAT. I AGREE WITH
EVERYTHING YOU SAY. I AGREE WITH
YOU JUST GETTING TO THE HOW OKAY
. UM NOT ONLY ARE WE PARENTS WHO
HAD A SON DIE TRAGICALLY
UNNECESSARILY. WE HAVE BEEN ON
EMISSIONS SINCE HE WAS KILLED.
TO CREATE CHANGE. UM I'M AN
EDUCATOR AS WELL AND OUR DUTY AS
PARENTS AND AS PEOPLE OF THE
COMMUNITY IS TO GET OUR CHILDREN
HEALTHY AND THROUGH COLLEGE SO
THEY CAN PURSUE THEIR DREAMS
WERE ON THE BOARD OF THE CLEARY
CENTER. THE CLERY ACT IS FROM
THAT WE HAVE PARTNERED WITH THEM
AND CREATED AN AWARD WINNING
DOCUMENTARY. WE DON'T HAZE WE
HAVE HAD OUR DOCUMENTARY AND THE
COMPANION MATERIAL VALIDATED TO
BE EFFECTIVE IN BOTH. HE'S IN
EDUCATION PREVENTION, AWARENESS
AND BYSTANDER INTERVENTION. UM
WE ALSO HAVE A FEDERAL BILL TO
REACH ACT THAT WE'VE BEEN
PUSHING THROUGH. IT'S GETTING
READY TO BE REINTRODUCED UNDER
THIS NEXT. CONGRESS ALSO WILL
REQUIRE INSTITUTIONS TO START
DOCUMENTING HAZING BECAUSE
HAZING IS NOT UM, CONSIDERED
ILLEGAL AT ALL STATES AND HAZING
. IT HAS DIFFERENT DEFINITIONS.
WE HAVE TO ALL START LOOKING AT
WHAT WE CAN DO TO MAKE IT BETTER
. UM, OUR SON OBVIOUSLY WAS HE'S
IN HIGH SCHOOL. WE HAVE LOTS OF
HEADLINES RIGHT NOW, IN OUR IN
OUR STATE OF HIGH SCHOOL HAZINGS
THAT ARE HAPPENING. AND THERE
ARE NO CONSEQUENCES TO THE
INSTITUTIONS. WE KNOW A LOT OF
FAMILIES. A LOT OF FAMILIES ON
OUR SHOES THAT HAVE HAD SONS AND
DAUGHTERS KILLED FROM HAZING IN
THE STATE OF CALIFORNIA. WHERE
THE UNIVERSITIES HAVE NOT BEEN
HELD LIABLE BECAUSE TO, UM
PROVED A DUTY OF CARE,
ESPECIALLY WHEN GREEK LIFE IS A
PART OF IT IS DIFFICULT BECAUSE
THEY ARE GOVERNED DIFFERENTLY.
INSTITUTIONS HAVE MORE CONTROL
OVER OTHER ORGANIZATIONS AT
THEIR SCHOOL THAN THEY DO GREEK
LIFE, BUT IT HAPPENS ACROSS THE
BOARD. THIS BILL IS NOT TO SAY
WE DON'T WANT STUDENT
ORGANIZATIONS. WE WANT HEALTHY,
POSITIVE EXPERIENCES, AND WE
HAVE PROVEN THAT AND SHOWN THAT
YOU KNOW HAZING IS 100% AND
NECESSARY. IT'S 100% PREVENTABLE
AND THERE ARE POSITIVE,
HEALTHIER ALTERNATIVES TO DO
WHAT HAZING ATTEMPTS TO DO, AND
THAT'S CREATING TEAM UNITY AND
TEAM BONDING, AND IT CAN BE
DONE. WE NEED ALL STAKEHOLDERS.
TOGETHER ON THIS, AND THIS BILL
WILL HELP MOVE THAT, INSTEAD
TURNING A BLIND EYE TO THE
HAZINGS THAT PEOPLE GO. OH IT
MUST BE THAT TIME OF YEAR.
THEY'RE WEARING THEIR CLOTHES
BACKWARDS OR WHY ARE THEY
STANDING OVER THERE IN THE
CORNER NEXT TO THAT PERSON? WHY
ARE THEY CARRYING THESE BOOKS?
IT'LL START ADDRESSING THAT SO
WE CAN STOP IT BEFORE HEADLINES
ARE MADE AND BEFOREHAND
TRAGEDIES HAPPEN. BUT ALSO MAKE
A HEALTHIER POSITIVE.
ORGANIZATION FOR STUDENTS TO BE
A PART OF. WELL I CERTAINLY
THERE'S NOT A WORD THAT YOU JUST
SPOKE THAT I WOULD DISAGREE
WITH. BUT JUST AS MY COLLEAGUES
HAVE HAVE SAID, I HOPE THIS
DOESN'T LEAD TO THE COLLEGES AND
UNIVERSITIES TAKING AT NO RISK
APPROACH. AND SAY, WELL, WE'LL
JUST BAN ALL SOCIAL
ORGANIZATIONS BECAUSE THAT
PROTECTS THEM. I HOPE THAT'S NOT
THE OUTCOME VERY CONCERNED, BUT
I REALLY DON'T SEE IT THAT WAY.
IN KERRY'S CASE, I'M SORRY. I
ALWAYS PROJECT WHEN I TALK. I
DON'T THINK I NEED A MIC. BUT IN
GARY'S CASE EVERYBODY ON THAT
CAMPUS KNEW WHAT WAS GOING ON.
THE LOCAL POLICE KNEW THE CAMPUS
POLICE. NEW ADMIN KNEW THAT'S
WHY THEY WERE INDICTED. EVERYONE
KNEW WHAT BIG LITTLE NIGHT WAS
ON THE CAMPUS AND WRITER WAS A
PARTY SCHOOL, AND WE'VE ALL
HEARD WE HAVE LOTS OF PARTY
SCHOOLS HERE IN CALIFORNIA, AND
IT GOES ON AND BIG LITTLE NIGHT
IS A DEADLIEST NIGHT AND
EVERYBODY KNEW ABOUT IT AND THEY
TURNED A BLIND EYE TO IT. AND IT
WENT ON YEAR AFTER YEAR AFTER
YEAR AND THEY WERE PLAYING
RUSSIAN ROULETTE WITH OUR WITH
OUR SONS AND DAUGHTERS. IT WAS
ONLY A MATTER OF TIME. IF IT
WASN'T CARRY, IT WOULD HAVE BEEN
SOMEBODY ELSE. IT WOULD, BECAUSE
BECAUSE DURING BIG LITTLE NIGHT
THEY THEY JUST HAZE THEM SO
HORRIBLY AND THEY IN AND THEY
RISKED THEIR, UH THEY RISKED
THEIR LIVES. THEY COME SO CLOSE
. EVERY TIME PEOPLE ARE TAKEN TO
THE HOSPITAL. ON BIG LITTLE
NIGHT CONSTANTLY FOR ALCOHOL
POISONING. AND SO ANYWAY, MY
POINT IS, EVERYONE KNEW ABOUT
IT. BUT THEY TURNED A BLIND EYE
TO IT. BECAUSE YOU KNOW, WE'RE
LETTING THE KIDS BE KIDS. IF A
LAW LIKE A B 2 99 HAD BEEN
PRESENT. UH THEN, AT LEAST THE
ADMINISTRATORS WOULD HAVE HAD A
CONVERSATION. IT'S LIKE GUYS, WE
KNOW WHAT'S GOING ON OVER THERE.
WE GOTTA DO SOMETHING ABOUT IT
BEFORE A TRAGEDY STRIKES AND
IT'S THERE AGAIN. UH WRITER WAS
NOT AN OUTLIER. THIS THIS IS, UH
, I WOULD SAY THE MAJORITY OF
THE FRATERNAL ORGANIZATIONS AND
ARE IN OUR COUNTRY RIGHT NOW.
IT'S NOT ABOUT, UH UH, DOING
GOOD WORKS AND SERVING THE
PUBLIC. IT'S ABOUT BOOZE AND
BROADS AND DRUGS, AND THESE KIDS
ARE IN THESE KIDS WHEN THEY'RE
WHEN THEY'RE WHEN THEY'RE
BRINGING THEM IN THEIR HAZING
THEM MORE HORRIBLY EVERY YEAR
WHEN GARY DIED, AN AVERAGE OF
ONE PERSON PER YEAR WAS DYING.
JUST A COUPLE OF YEARS AGO, IT
WAS FIVE OR SIX. IT'S
ACCELERATING. THE PROBLEM IS
GETTING WORSE. THE KIDS ARE
PLAYING AT MORE DANGEROUS GAME,
BUT THE ADMINISTRATORS THEY KNOW
WHAT'S GOING ON AND GOOD GRAVY
IF THEY DON'T KNOW WHAT'S GOING
ON. THEY'RE INCOMPETENT. I MEAN
, IT'S YOUR JOB TO KNOW WHAT'S
YOUR QUESTION ANSWERED. SORRY
IT'S OK. OKAY. THANK YOU, MISS
REYES. MR CHAIR. UM. CURRENT LAW
ALREADY ALLOWS A VICTIM OR THE
FAMILY OF THE VICTIM TO FILE
CIVIL ACTION AGAINST THE PERSON
OR THE ORGANIZATION THAT
REQUIRES HOUSING AS A AS A PART
OF MEMBERSHIP. AND I THINK WHAT
IS CLEAR THOSE THAT EXISTING LAW
DOES NOT, HOWEVER, EXPLICITLY
IMPOSE CIVIL LIABILITY ON THE
EDUCATIONAL INSTITUTION ON THE
UNIVERSITIES THAT GRANT
RECOGNITION TO THAT
ORGANIZATION. AND I THINK IT'S
CLEAR THAT IT'S WHEN THE
ORGANIZATION WHEN THE
INSTITUTION THE UNIVERSITY KNEW
OR SHOULD HAVE KNOWN THE GHOST
TO EVERYTHING THAT YOU'RE
TALKING ABOUT. SO THIS TAKES A
STEP FURTHER SO THAT AS MR
HOLDEN'S YOU'VE INDICATED IT
PUTS A PROACTIVE POSITION THEY
HAVE TO NOW SAY, OKAY, WE COULD
BE LIABLE AND IT TAKES IT TO
THAT LEVEL, AND I APPRECIATE IT
BECAUSE OF THAT. THANK YOU. MS
PAPIN. SO FIRST OF ALL, LET'S
JUST ALL CONCUR. HAZING IS A
NAME. I MEAN, IT'S UNREAL. UM I
DON'T I I'M SURE WE'LL HAVE A
VERY CLEAR DEFINITION OF WHAT
YOU DEFINE AS HAZING BECAUSE
THERE MIGHT BE TIMES WHEN A
STUDENT DOES SOMETHING
VOLUNTARILY, WHICH HAS NOTHING
TO DO WITH THE ORGANIZATION THEY
MIGHT BE INVOLVED WITH. SO I
JUST WANT TO MAKE SURE WE'VE GOT
A TIGHT DEFINITION THAT HAZING
IS SOMETHING THAT IS BEING
REQUIRED, OR, UH, I GUESS THAT'S
WHAT SOME OF THE RAYS USED THE
WORD REQUIRED OF THE STUDENTS.
THAT'S NUMBER ONE NUMBER TWO I
I'M OKAY WITH THIS IS YOUR
TYPICAL NEGLIGENCE STANDARD,
RIGHT? YOU'VE GOT KNEW OR SHOULD
HAVE KNOWN AND WHEN IT SHOULD
HAVE KNOWN, IT'S WHAT A
REASONABLE PERSON FOLLOWING THAT
CATEGORY OF SHOULD THEY HAVE
KNOWN SO MAYBE FOR GREATER
CLARITY YOU COULD PUT BASED ON
THE REASONABLE PERSON STANDARD
OR SOMETHING LIKE THAT. WOULD
YOU FIND IN MANY LAWS ACROSS THE
BOARD SO THAT THAT WOULD BE THE
ONLY THING I WOULD DO TO MAYBE
TIGHTEN IT UP A LITTLE BIT, BUT,
UM AND I'M ASSUMING WE HAVE
BECAUSE THERE'S A DIFFERENCE
BETWEEN SOMEONE MAKING BAD
JUDGMENT ON THEIR OWN, AND
SOMEONE HAVING SOMETHING BAD
HAPPENED TO THEM IN CONNECTION
WITH THE ORGANIZATION THAT
THEY'RE PARTICIPATING, AND SO I
JUST WANT TO MAKE SURE YOU GOT
THAT PART WRAPPED UP AND MY
CONDOLENCES TO YOU. WHAT A
NIGHTMARE. SO THANK YOU FOR
BEING HERE AND TESTIFYING IN A
WAY THAT YOU WERE PRETTY
COMPOSED. CONGRATULATIONS THANK
YOU ANY OTHER QUESTIONS OR
COMMENTS FROM THE COMMITTEE?
SEEN NONE. THANK YOU AGAIN FOR
YOUR TESTIMONY. ALL OF US KNOW,
UH, CAN FEEL HOW DIFFICULT THIS
WAS FOR YOU. YOU DID, UH, WE
APPRECIATE YOUR TESTIMONY HERE
TODAY AS A FELLOW FORMER LEFT
HANDED PITCHER. I AM
PARTICULARLY SUPPORTIVE OF THIS,
IT'S HOPE. PADRES AREN'T CALLING
YET, BUT I'M OPTIMISTIC. UM SO,
UH, CERTAINLY THE BEAUTIFUL
PHOTO OF YOUR OF YOUR SON MEANS
A LOT TO ALL OF US. SO THANK YOU
FOR BRINGING AND SHARING THAT
WITH ALL OF US WITH THAT WE DO
HAVE EMOTION. AH! AND A SECOND,
THE MOTION IS DUE PASS TO HIGHER
EDUCATION. MR. HOLDEN, WOULD YOU
LIKE TO CLOSE? WELL I FIRST OF
ALL, I'D LIKE TO THANK THE
COMMITTEE FOR ITS CONSIDERATION
OF THIS BILL, AND AS UH WAS
BROUGHT OUT A COUPLE OF ISSUES
OF CONCERN THAT I THINK CAN ARE
WILL BE OR HAVE BEEN CLARIFIED.
TO SOME EXTENT, WE WILL
CERTAINLY ENTERTAIN ADDITIONAL
CONVERSATIONS TO SEE IF THERE'S
ADDITIONAL WAYS THAT WE CAN
ADDRESS UM THOSE WHO ARE NOT
OPPOSED TO THE BILL, BUT HAVE
CONCERNS TO ALLEVIATE THOSE
CONCERNS. I WANT TO ALSO THANK
YOU FOR BEING HERE. THIS IS IN
THIS LEGISLATIVE PROCESS
SOMETIMES, UM, WE PASSED A LOT
OF BILLS, AND THERE'S NO WAY TO
REALLY SOMETIMES PUT A FACE ON
WHAT WE ARE TRYING TO ACCOMPLISH
. WE MAY HAVE AN UNDERSTANDING
OF WHAT THE IMPACT IS, BUT IT
TAKES COURAGE TO BE HERE AND I
WANT TO THANK YOU FOR SHARING.
YOUR STORY AND YOUR SONS. AH,
LIFE. AND IT IS ALSO CLEAR THAT
HIS LIFE IS STILL LIVES IN YOU.
AND YOU HAVE PURPOSE AND PASSION
FOR, UM, BRINGING THAT TO OUR
AWARENESS SO THAT WE CAN PUT IN
PLACE BECAUSE THAT IS WHAT WE
ARE IN A POSITION TO DO LAWS
THAT STRIPPING AND PROTECT AND
DO A BETTER JOB OF MAKING SURE
YOUNG PEOPLE WHEN THEY'RE IN
THESE ENVIRONMENTS. HAVE
SAFEGUARDS AND THOSE WHO KNEW OR
SHOULD HAVE KNOWN, UM DID WHAT
THEY NEEDED TO DO TO MAKE SURE
TO PREVENT IT. INCIDENTS LIKE
THIS HAPPENING SO WITHOUT I
RESPECTFULLY ASK FOR YOUR IPOD.
THANK YOU. WE HAVE A MOTION AND
A SECOND ESCORT. PLEASE CALL THE
ROLL. MAIENSCHEIN MAIENSCHEIN I,
SALLY. BIRD. CONNELLY CONNELLY.
I DIXON. DIXON I, HANEY, I
KALRA. KALRA I PACHECO CHECCO
EYE POPPING HAPPENED I RAISE
RAISE I REVERSE RIVAS SANCHEZ.
SANCHEZ? AYE. THANK YOU. MOTION
PASSES. THANK YOU. MISS AGUILAR
CURRY. PEOPLE ASK ME, YEAH.
THANK YOU. THEY WANT. YEAH,
MAYBE 4 73. YEAH.
AGUIAR-CURRY GREAT WELCOME. GOOD
MORNING, MR CHAIR AND MEMBERS.
I'M HERE TO PRESENT A B 4 73,
WHICH WILL UPDATE THE RULES
GOVERNING THE RELATIONSHIP
BETWEEN AUTO DEALER FRANCHISEES.
AND THEIR MANUFACTURING
FRANCHISORS. UNDER CALIFORNIA'S
NEW MOTOR VEHICLE FRANCHISE LAW.
FIRST I WANT TO THANK YOU, MR
CHAIR AND COMMITTEE STAFF STAFF
HELPED TO HELP WITH THE BILL.
THESE PERIODIC UPDATES TO THE
MOTOR VEHICLES. FRANCHISE LAW
CAN BE VERY COMPLEX. AND I WILL
BE HAPPY TO ACCEPT THE
COMMITTEE'S SUGGESTED AMENDMENT
CLARIFYING WHEN MANUFACTURERS
MUST REIMBURSE AUTO DEALERS FOR
REQUIRING, OR INCENTIVIZING
DIGITAL SERVICES. BUT TO BREAK
THIS BILL DOWN IN THE SIMPLEST
TERMS BEFORE 73 IS ABOUT
FAIRNESS, SPECIFICALLY GLOBAL
AUTOMAKERS, GIVEN THEIR SIZE ARE
MUCH STRONGER POSITION TO
NEGOTIATE TERMS OF THEIR
AGREEMENTS WITH LOCAL LOCAL
DEALERSHIPS, SO THE FRANCHISE
LAWS EXIST TO CREATE A LEVEL
PLAYING FIELD. BETWEEN THE TWO
PARTIES. AND LIKE ANY OTHER
COMPLEX, COMPLEX LAW GOVERNING A
DYNAMIC INDUSTRY AS THE
COMMITTEE'S ANALYSIS POINTS OUT.
PERIODIC UPDATES ARE NEEDED TO
ADDRESS CHANGING BEHAVIORS AND
CONDITIONS. I WILL FOCUS MY
REMARKS ON THE PROVISION UNDER
THIS COMMUNITY COMMITTEES
JURISDICTION. UNDER CURRENT LAW
MANUFACTURERS HAVE THE ABILITY
TO TAKE DISPUTES SPECIFICALLY
ABOUT CALIFORNIA LAW. AND
AGAINST A CALIFORNIA DEALER TO
COURTS OUTSIDE THE STATE. I FEEL
IT IS PATENTLY UNFAIR FOR A
MANUFACTURER TO SEEK A FORUM
WHERE THERE MAY EXIST. A LACK OF
FAMILIARITY WITH OR RESPECT FOR
CALIFORNIA LAW. WE THEREFORE
SEEK TO RESTRICT THOSE
PROCEEDINGS IF THEY'RE TARGETED
AT A DISPUTE ABOUT CALIFORNIA
LAW WITH THE CALIFORNIA
FRANCHISEE TO THE COURTS WITHIN
OUR STATE. UNDER A B 4 73. IF A
MANUFACTURER REQUIRES OR
OTHERWISE COMPELS A DEALER TO
USE DIGITAL SERVICES THAT ARE
ULTIMATELY DETERMINED, NOT
COMPLIANT WITH CALIFORNIA LAW.
WE FEEL IT IS APPROPRIATE FOR
THE MANUFACTURER TO REIMBURSE
THE DEALER FOR ANY RESULTING
LOSSES. THERE ARE OTHER
PROVISIONS IN THIS BILL WITHIN
THIS COMMITTEE'S JURISDICTION,
SUCH AS LIMITING THE USE OF
FIRST RIGHT OF REFUSALS AND
CHANGING BURDENS OF PROOF AND
FEED PROVISION BEFORE THE NEW
MOTORCYCLE VEHICLE BOARD. AND
THE INTEREST OF TIME I WILL NOT
DISCUSS THOSE HERE AS THEY LAID
OUT THEIR LAID OUT QUITE CLEARLY
IN THE COMMITTEE ANALYSIS, BUT I
AM OF COURSE, HAPPY TO ANSWER
ANY QUESTIONS RESPECT TO THOSE
ISSUES. THANK YOU VERY MUCH. MR
CHAIRMAN WITH ME TODAY TO
TESTIFY IN SUPPORT OF A B 4 73.
IT'S KENTON STANHOPE OF THE NEW
CAR DEALERS ASSOCIATION. MATT
BROAD, REPRESENTING CALIFORNIA
CONFERENCE OF MACHINISTS AND
CALIFORNIA. TEAMSTERS IN
SUPPORT. AND ANTHONY BENTO OF C
AND C D, A ALSO AVAILABLE TO
ANSWER TECHNICAL AND LEGAL
QUESTIONS. THANK YOU. AND JUST
TO CLARIFY ONLY TWO WILL BE
TESTIFYING. CORRECT. CORRECT
PLEASE PROCEED. ANTHONY BENTO IS
JUST HERE FOR TECHNICAL
QUESTIONS. EXCELLENT. THANK YOU
MEMBERS. HMM. MR CHAIR MEMBERS,
KENTON STAND UP ON BEHALF OF THE
NEW CAR DEALERS ASSOCIATION
SPONSOR OF HB 473 1ST. I'D LIKE
TO THANK THE AUTHOR FOR CARRYING
THIS IMPORTANT LEGISLATION AND
THANK THE CHAIRMAN, MEMBERS OF
THE COMMITTEE AND STAFF FOR
THEIR WORK ON THE BILL C N C. D
A REPRESENTS 1400 FRANCHISE, NEW
CAR AND TRUCK DEALER MEMBERS
THROUGHOUT CALIFORNIA THESE
MEMBERS EMPLOY MORE THAN
136,000. EMPLOYEES OR
CALIFORNIANS AND PROVIDE OVER 12
BILLION IN TAXES THAT ARE USED
TO SUPPORT THE COMMUNITIES YOU
SERVE, AND THEY BELONG TO CCN.
CDA IS IN STRONG SUPPORT OF A B
473 THE DISTRIBUTION, SALE AND
SERVICE OF NEW MOTOR VEHICLES IN
THE STATE OF CALIFORNIA VITALLY
AFFECT THE GENERAL ECONOMY AND
THE PUBLIC WELFARE. THE NEW
MOTOR VEHICLE FRANCHISE SYSTEM,
WHICH OPERATES WITHIN STRICTLY
DEFINED IN HIGHLY REGULATED
FRANCHISE LAWS, ASSURES THE
CONSUMING PUBLIC OF A WELL
ORGANIZED DISTRIBUTION SYSTEM
FOR THE AVAILABILITY AND SALE OF
NEW MOTOR VEHICLES THROUGHOUT
THE STATE. WITHOUT A NEW MOTOR
VEHICLE FRANCHISE LAW, THERE
WOULD BE SIGNIFICANT AND BALANCE
AND BARGAINING POWER. BETWEEN
LARGE MULTINATIONAL VEHICLE
MANUFACTURERS AND LOCALLY
INDEPENDENTLY OWNED FRANCHISE
DEALERSHIPS. THIS IS WHY THE
LEGISLATURE IN THE PAST HAS
UPDATED AND PASSED IN A
BIPARTISAN FASHION FRANCHISE
LAWS TO ADDRESS THE LATEST
MANUFACTURER WORKAROUNDS THAT
NATIVE NEGATIVELY IMPACT
DEALERS, THEIR EMPLOYEES AND THE
PUBLIC. A B 473 IS NO DIFFERENT
. THE PRIMARY PROVISIONS.
PROVISIONS OF THIS BILL INCLUDE
PREVENTING MANUFACTURERS FROM
FROM SHORT, CHANGING THEIR
DEALERS AND TECHNICIANS. WHEN
THEY PAY FOR WARRANTY AND RECALL
WORK. SIMPLY PUT. IT REQUIRES
LARGE MULTINATIONAL
MANUFACTURERS TO PAY THE SAME
AMOUNT OF LABOR TIME. A NORMAL
CALIFORNIA CONSUMER DOES FOR THE
SAME EXACT JOB. THE BILL FURTHER
PROTECTS THE UNDERLYING INTENT
OF THE VEHICLE FRANCHISE SYSTEM,
ENSURING FRANCHISORS MAKE CARS
AND DEALERS SELL THEM. IT DOES
IT DOES THIS BY PRECLUDING
MANUFACTURERS FROM LAUNCHING A
NEW BRAND NAME VEHICLES TO
COMPETE DIRECTLY WITH THEIR
FRANCHISE DEALER NETWORK. IT
ALSO PROTECTS CONSUMERS BY
RESTRICTING THE ABILITY OF
MANUFACTURERS TO OFFER POST SELL
SUBSCRIPTIONS THAT ENABLE
FEATURES THAT PHYSICALLY
PHYSICALLY BUILT INTO THE
VEHICLE AND FINALLY FURTHER
PROTECTS DEALERS FROM
MANUFACTURER COERCION, THEIR
FRENCH FROM CORES COURSING THEIR
FRANCHISEES INTO INTO PREFER
PRICING AND PERFORMANCE
STANDARDS THROUGH THE USE OF
UNFAIR INCENTIVES. 84 73 HAS
BEEN CAREFULLY CRAFTED TO ASSIST
DEALERS, TECHNICIANS AND
CONSUMERS. IN THEIR COMMUNITIES
, ENABLING THEM TO CONTINUE TO
BE A ROBUST ENGINE OF THE
ECONOMIC ACTIVITY THAT EMPLOYS
OVER 136,000 CALIFORNIANS AND
GENERATES OVER $12 BILLION IN
AND SALES TAXES STATEWIDE.
CIENCIA RESPECTFULLY REQUEST
YOUR I VOTE ON 473. THANK YOU.
GREAT MR CHAIR AND MEMBERS PULL
THIS CLOSER TO ME. MATT BROUGHT
ON BEHALF OF THE TEAMSTERS IN
CALIFORNIA CONFERENCE OF
MACHINISTS AND STRONG SUPPORT OF
84 73. BOTH UNIONS REPRESENT
WORKERS IN AUTO BODY SHOPS AND
DEALERSHIPS ACROSS THE STATE.
ARE MEMBERS ARE AMONGST THE MOST
SKILLED IN THE INDUSTRY AND
PERFORM MOST OF THE RECALL
WARRANTY WORK ON VEHICLES IN
CALIFORNIA. UNFORTUNATELY A
SIGNIFICANT LOOPHOLE EXISTS THAT
HAS BEEN EXPLOITED BY LARGE OUT
OF STATE MANUFACTURERS. THAT
PUTS OUR MEMBERS AND TECHNICIANS
ACROSS CALIFORNIA AT AN ECONOMIC
DISADVANTAGE WHEN PERFORMING
CRUCIAL WARRANTY AND RECALL WORK
. THIS LOOPHOLE ALLOWS
MANUFACTURERS TO LOWER THE TIME
ALLOWANCE AT ANY TIME FOR
WARRANTY AND RECALL WORK THAT'S
LOWERING THE AMOUNT OF MONEY
THEY'RE PAYING OUR TECHNICIANS
84 73, AMONGST OTHER THINGS
WOULD ENSURE THAT ARE TAXED ARE
NOT SHORTCHANGE FOR PERFORMING
NECESSARY WARRANTY AND RECALL
WORK. BY REQUIRING MANUFACTURERS
TO PAY FOR THE SAME LABOR TIME
AS CONSUMERS DO FOR THE THIS
WORK, IT'S FAIR AND IT BRINGS
STABILITY TO THE WORKPLACE. THIS
BILL STRIKES A FAIR BALANCE THE
TIME WARRANTY REIMBURSEMENT
ISSUE AND ENSURES THAT LARGE OUT
OF STATE MANUFACTURERS ARE NOT
SHORT, CHANGING OUR MEMBERS FOR
THEIR OWN GAIN FOR THESE REASONS
, THE CALIFORNIA CONFERENCE AND
MACHINISTS AND THE TEAMSTERS
STRONGLY ENCOURAGE YOUR I VOTE.
THANK YOU. THANK YOU ANY FURTHER
WITNESSES IN SUPPORT? THANK YOU,
MR CHAIR MEMBERS. CODY BOILS ON
BEHALF OF CARMAX AND SUPPORT.
THANK YOU. JAMES EMBARGO ON
BEHALF OF THE CALIFORNIA
MOTORCYCLE DEALERS ASSOCIATION
AND SUPPORT THANK YOU. THANK YOU
SEEN NO FURTHER WITNESSES AND
SUPPORT WITNESSES IN OPPOSITION.
THERE'S A CHAIR THERE FOR YOU.
YEP. YOU CAN GO BACK TO YOU. IF
YOU SIT THERE YOU CAN CALL THE
CHAIR AROUND.
GOOD MORNING, MR CHAIR MEMBERS
OF THE COMMITTEE. BUT IT TAKES
OUT FOUR OF THEM TO TAKE ME ON
HERE. YEAH JOHN MARTIN, HOW YOU
DO WELL, JOHN JOHN MOFFITT ON
BEHALF OF THE ALLIANCE FOR
AUTOMOTIVE INNOVATION, WHERE THE
TRADE GROUP FOR ALL THE MAJOR
AUTO MANUFACTURERS SELLING 98%
OF THE VEHICLES IN THE UNITED
STATES. AS YOU SAW FROM OUR
LETTER. WE ARE. WE ARE OPPOSED
TO THIS BILL. UH TO BE HONEST,
I'M SORRY THAT WE'RE HERE TODAY
. UM YOU KNOW, WE BELIEVE THAT
MANY OF THESE ISSUES CAN BE
RESOLVED AND DON'T NEED
LEGISLATION. BUT BUT HERE WE ARE
, UM, TO THE EXTENT THE BILL IS
EVEN NECESSARY. WE THINK, AS
IT'S CURRENTLY DRAFTED, IT'S
OVERLY BROAD IS ANTI ZERO
EMISSION VEHICLE. IT'S BAD FOR
CONSUMERS. IT DOES NOT
CONTEMPLATE THE AUTOMOBILE OF
THE FUTURE. UM, THERE ARE OTHER
WITNESSES WHO ARE GOING TO HIT
ON SOME OF THE TECHNICAL ASPECTS
AND OF THE BILL, BUT I, YOU
KNOW, THERE'S 13 MAJOR ISSUES IN
THE BILL. I'D LIKE TO JUST FOCUS
ON ONE SECTION TO THE PROVISIONS
OF THE BILL DEALING WITH THE
BURDEN OF PROOF FLIP ON THE
WARRANTY REPAIR FOR THE PURPOSES
OF THIS COMMITTEE TODAY. UM WE
ARE OPPOSED TO THE LANGUAGE AS
DRAFTED THE APPROACH THAT IS IN
THE BILL RIGHT NOW WAS ADOPTED
IN WISCONSIN ABOUT 10 YEARS AGO
. EVER SINCE THAT TIME, IT HAS
BEEN TRIED IN TWO DOZEN STATES
THROUGHOUT THE UNITED STATES AND
HAS BEEN REJECTED IN EVERY STATE
IN THE COUNTRY. REPUBLICAN AND
IT'S A BIPARTISAN APPROACH
REPUBLICAN CONTROLLED STATES
LIKE IDAHO AND NORTH DAKOTA
REJECTED THAT APPROACH THIS YEAR
. DEMOCRATICALLY CONTROLLED
LEGISLATURES LIKE COLORADO AND
WASHINGTON JUST REJECTED THESE
THIS YEAR. THIS SPECIFIC
PROVISION WAS ACTUALLY VETOED BY
GOVERNOR BROWN IN 2018 BECAUSE
OF THE CONSUMER PROTECTION
ISSUES THAT RAISES WHY DOES IT
RAISE THOSE ISSUES BECAUSE THIRD
PARTY TIME GUIDES ARE FICTION?
THEY ARE NOT REAL. THEY IF THEY
WERE SOLD AT BARNES AND NOBLE.
THEY'D BE IN THE NONFICTION
SECTION. THEY'D BE IN THE
FICTION SECTION OF THE OF THE OF
THE STORE. AND YOU KNOW, WE HAVE
A SWORN AFFIDAVIT FROM THE CEO
FROM A PARTICULAR TIME GUIDE
MANUFACTURER WHO SAID THERE
SHOULDN'T BE USED FOR WARRANTY
REPAIR. THIS ISN'T BASED ON
ACTUAL TIME. FOR THOSE REASONS
WE BELIEVE, AND WE'RE ASKING.
THE COMMITTEE TODAY REMOVED
SECTION TWO OF THE BILL AND
WE'LL CONTINUE WORKING ON THE
OTHER 12 ISSUES THAT STILL NEED
A LOT OF WORK. THANK YOU ANY
FURTHER. WITNESSES AND
OPPOSITION. HI MR SHARED MEMBERS
. JAMIE HELP ON BEHALF OF THE
CIVIL JUSTICE ASSOCIATION OF
CALIFORNIA AND I HAVE TO RISE IN
RESPECTFUL OPPOSITION TO THE
BILL FOR A FEW REASONS ARE
SPECIFIC CONCERNS RELATE TO THE
UNFAIR BURDEN OF PROOF SHIFTING
BETWEEN THE NEW CAR DEALERS AND
MANUFACTURERS, AS WELL AS THE
ONE SIDED ATTORNEY FEES AND THE
COST RECOVERY FOR CALIFORNIA
DEALERS. WE BELIEVE THE BILL
INSTITUTES OVERBROAD
INDEMNIFICATION REQUIREMENTS FOR
MANUFACTURERS AND CREATES
UNUSUAL AND UNNECESSARY
RESTRICTIONS ON CHANGE OF ANY
REQUESTS. SO THE BURDEN OF PROOF
SHIFTING, FORCING A RESPONDENT
TO HAVE TO PROVE THAT THEIR
POLICY DOESN'T VIOLATE A LAW
BEFORE THE CLAIMANT HAS TO BACK
UP. WHAT THEY'RE ALLEGING, IS
CONTRARY TO NORMAL BURDENS, AND
WE WOULD ASK THAT THAT BE STRUCK
FROM THE BILL AS TO ONE STARTED
ATTORNEY'S FEES AND COURT COSTS
, RECOVERING A MAN HAVING A
MANUFACTURER PAY FOR ALL OF THE
DEALERS. COURT COSTS AND
ATTORNEY'S FEES AND NOT
EXTENDING THE SAME COURTESY OF A
MANUFACTURER IS SUCCESSFUL IN
THEIR DEFENSE IS UNFAIR AND
WAVING. THE POLICY SHOULD BE
THAT WHOEVER PREVAILS SHOULD GET
THE ATTORNEYS FEES AND COURT
COSTS AS TO A MANUFACTURER
IDENTIFYING DEALERS AGAINST THE
LIABILITY FOR CONSEQUENCES
ARISING OUT OF A RECOMMENDATION
OF A DIGITAL SERVICE. WE THINK A
MIRROR RECOMMENDATIONS SHOULDN'T
TRIGGER INDEMNIFICATION AND ITS
FURTHER EXACERBATED IN THE BILL
BECAUSE DIGITAL SERVICES THAT
ACTUALLY DEFINED SO WE BELIEVE
THAT'S CREATING A PRETTY VAGUE
ASSUMPTION OF RISK FOR THE
MANUFACTURERS AND THEN LASTLY,
THE CHANGE OF VENUE REQUEST. I
MEAN, THAT'S A VERY NORMAL
PROCEDURE. THE JUDGES GET TO
MAKE THE DECISION BASED ON THE
FACTS OF THE CASE, AND WE THINK
THAT'S WHERE IT SHOULD BE LEFT.
NOT AT THE DEALERS CONSENT. SO
FOR THE FOREGOING REASONS WE
RESPECTFULLY OPPOSED. THANK YOU.
THANK YOU. FURTHER WITNESSES AND
OPPOSITION NAME AND ORGANIZATION
ONLY PLEASE. GOOD MORNING CHAIR.
GOOD MORNING MEMBERS. SCOUT
MOTORS. MY NAME'S TALLIS SLICK
AND WHERE A SMALL EVIE COMPANY
THAT HAS ONE SMALL ISSUE WITH
THE BILL AND WE LOOK FORWARD TO
WORKING WITH THE AUTHOR AND HAVE
TIME SCHEDULED HER OFFICE. THANK
YOU. GOOD MORNING, MR CHAIR
MEMBERS BREAK LAB GUILTY WITH
APEX GROUP ON BEHALF OF NISSAN
AND STRONG OPPOSITION. THANK
YOU. MR CHAIRMAN MEMBERS. THEO
PIOS, REPRESENTING THE FORD
MOTOR COMPANY WERE ALSO OPPOSED
TO THE WARRANTY PROVISIONS OF
THE BILL. THANK YOU. MR CHAIRMAN
MEMBERS ELI GARCIA FOR TOYOTA,
ALSO IN OPPOSITION. CHAIR
MEMBERS, DEAN TALLY WITH THE
CALIFORNIA MANUFACTURERS AND
TECHNOLOGY ASSOCIATION
RESPECTFULLY OPPOSED. CLIFF COST
ON BEHALF OF GENERAL MOTORS IN
OPPOSITION. THANK YOU. GOOD
MORNING, AMY LILY, WITH MERCEDES
BENZ, ALSO IN OPPOSITION.
SHARING MEMBERS. COREY SAW
ZILLOW ON BEHALF OF STILL LANTUS
, A MEMBER OF THE ALLIANCE FOR
AUTOMOTIVE INNOVATION AND
OPPOSITION. THANK YOU. THANK
YOU. MR MOFFITT. YOU DON'T
APPEAR SO OUTNUMBERED. SEEN ANY
QUESTIONS? EXCUSE ME. DO WE HAVE
A MOTION? MOTION FOR MR KALRA.
THERE YOU SECONDED, MR SAILING.
OKAY SECOND FROM WAS TRYING, UH
, SECOND FROM MISS, UH, SECOND
FROM MS REYES ANY QUESTIONS OR
COMMENTS FROM THE COMMITTEE, MR
ASTLEY? APPRECIATE IT. THANK YOU
ALL FOR BEING HERE AND LOOK, WE
ALL LOVE OUR CAR DEALERS.
THEY'RE MEMBERS OF OUR COMMUNITY
. AND, UM, I TAKE YOU KNOW THESE
ISSUES SERIOUSLY. UM BUT WHEN
YOU'RE COMING TO THE LEGISLATURE
ASKING FOR US TO DO SO MUCH
WHICH I THINK THIS BILL IS
REALLY ASKING FOR A LOT I THINK
WE NEED TO BE PERSUADED OR
CONVINCED THERE'S A TRUE IMPASSE
AND IDEALLY, WOULD LIKE YOU GUYS
TO WORK TOGETHER. UM RATHER THAN
COME WITH A SLEDGEHAMMER, WHICH
IS HOW I I'M VIEWING THIS BILL,
AND I'M ALSO CONCERNED WITH SOME
OF THE LANGUAGE. I MEAN, IT'S
ACCUSATORY ON THE WARRANTY
REIMBURSEMENT ISSUE, SAID
THEY'RE SHORT CHANGING DEALERS,
SO I JUST WANT TO BE CLEAR.
YOU'RE NOT YOUR ISSUE IS NOT
WITH THE RATE OF COMPENSATION
THAT THE THEY'RE THE AMOUNT THEY
PAY FOR THEIR TIME IS NOT THE
ISSUE. IT'S THE AMOUNT OF TIME
THAT'S ALLOCATED FOR THE WORK.
IS THAT CORRECT? CORRECT OKAY,
CAN YOU JUST GIVE US A QUICK
EXAMPLE OF WHAT THEY SAY A
CERTAIN PROJECTS SHOULD TAKE
LIKE OIL CHANGES. 20 MINUTES AND
THEN WHAT? YOUR INDUSTRIES,
SAYING IT SHOULD REALLY TAKE. I
JUST WANT TO UNDERSTAND THE
DISPARITY. WE'RE PAYING ON
AVERAGE, LIKE 60 CENTS ON THE
DOLLAR COMPARED TO WHAT WE'RE
PAYING FOR WHAT WE'RE GETTING
PAID. CONSUMER WORK WHERE THE
CONSUMER BASE WHAT? WE'RE
TALKING ABOUT TIME, SO I JUST
BECAUSE, YEAH, BUT IF YOU IF YOU
LOWER THE TIME YOU'RE GETTING
PAID LESS, BUT CAN YOU TELL ME
JUST GIVE ME AN EXAMPLE OF WHERE
THERE'S THEY'RE GIVING YOU
UNREASONABLE TIMES TO DO THE
WORK THAT YOU'RE WE HAVE
NUMEROUS EXAMPLES. CALL ANY ANY
CHECK IN WITH ANY OF YOUR
DEALERS WE'VE HEARD FROM
HUNDREDS OF OUR MEMBERS. THERE
ARE EVEN EXAMPLES WHEN A RECALL
IS COMING DOWN. FROM A
MANUFACTURER. THAT IS WHEN THE
TIME IS THEN BUMPED DOWN AND
THEN THEY START PAYING LESS THAN
THE TIME ALLOWANCES GO FROM TWO
HOURS TO ONE HOUR, SO THEY'RE
PAYING FOR HALF THE AMOUNT OF
TIME BECAUSE THEY KNOW THOUSANDS
OF RECALL. THE JOBS ARE GOING TO
BE DONE AT SPECIFIC DEALERSHIPS
UNDER THOSE BRAND NAMES AND LET
ME ASK THE MANUFACTURER. HOW DO
YOU COME UP WITH THE TIMES THAT
YOU THEN? YOU KNOW, IMPOSE ON
THE ON THE DEALERS, SO WE USE
ACTUAL TIME AND THEN ADD IN
ADDITIONAL UH INDIVIDUAL
COMPANIES WILL GO THROUGH HAVE
TECHNICIANS ACTUALLY REPAIRED,
MAKE THE REPAIR ON A VEHICLE. IN
MANY INSTANCES, THEY WILL USE
HAND TOOLS, NOT THE POWER TOOLS
THAT ARE AVAILABLE AT A
DEALERSHIP. THEY'LL USE HAND
TOOLS. THEY'LL TAKE BREAKS AND
THEN IN THE INSTANCE OF ONE
PARTICULAR MANUFACTURER, THEY
ADD 20 MINUTES, AND THAT IS THE
TIME THAT GOES INTO THE TIME
GUIDE MECHANICS YOU HIRE. AND
THEN YOU JUST TRYING TO THESE
ARE THESE ARE MECHANICS THAT ARE
CERTIFIED MECHANICS BY THE
AUTOMAKER, WHO ARE ALSO THE SAME
FOLKS WHO CERTIFY MECHANICS. AT
THE DEALERSHIP. OKAY SO THEY'RE
ALL CERTIFIED IN THE SAME WAY.
OKAY I DON'T KNOW WHERE I STAND
IN THIS. I JUST ENCOURAGE HIGHLY
BOTH OF YOU TO CONTINUE THIS
DIALOGUE AND MAYBE TONE DOWN THE
RHETORIC WELL, AND IF I COULD,
YOU KNOW WHEN THIS ISSUE CAME UP
IN 2018, AND THE BILL WAS VETOED
BY GOVERNOR BROWN WE ENTERED
INTO NEGOTIATIONS WITH THE
DEALERS AGAIN AND CAME TO A
COMPROMISE THAT IS EXISTING LAW
AND ACTUALLY HAS BEEN ADOPTED
AND ABOUT A HALF A DOZEN STATES
THROUGHOUT THE COUNTRY. IN THOSE
INSTANCES WHERE REPAIR TAKES
MORE TIME THAN THE TIME GUIDE
ALLOWS. THE DEALER THROUGH THE
COMPUTER SYSTEM. THIS ISN'T AN
APPEAL BEFORE THE NEW MOTOR
VEHICLE BOARD THROUGH THE
COMPUTER SYSTEM, THEY ENTER THAT
ACTUAL TIME. THAT PROCESS IS NOT
BEING UTILIZED IN CALIFORNIA,
BASED ON THE CONVERSATIONS WE'VE
HAD WITH THE SPONSORS OF THE
BILL. ONE PARTICULAR COMPANY.
THEY'RE SEEING ABOUT 2%
CHALLENGES TO THE TIME GUIDE
RATES. WHEN THOSE CHALLENGES
COME IN 90% OF THEM FOR THE
HIGHER RATE ARE BEING APPROVED.
THANK YOU FOR YOUR RESPONSE.
THANK YOU, MR CHAIR. MISS DIXON.
UM. SO 28 2018 GOVERNOR BROWN.
RELIANCE ON THIRD PARTY TIME.
MAYBE I SHOULD COME OVER HERE.
YES YES. SO ANTHONY BENTO FROM
THE CALIFORNIA NEW CAR DEALERS A
B. I BELIEVE HE'S REFERRING TO A
B 21. OH, SEVEN FROM, UM 2020 18
, WHICH WAS VETOED BY GOVERNOR
BROWN THAT CONTAINED A PROVISION
ON WARRANTY TIME THAT FRANKLY, I
THINK WAS QUITE DIFFERENT THAN
THIS PROVISION. IT CONTAINED A
COMPLEX FORMULA TO RECALCULATE A
DEALER'S TIME ALLOWANCES BASED
UPON PERCEIVED SHORTFALL. THIS
SIMPLY SAYS THAT YOUR CUSTOM AND
THAT WAS BORROWED FROM THE STATE
OF WISCONSIN AS THE AS THE
GENTLEMAN HAS HAS STATED. THIS
BILL INSTEAD BORROWS FROM THE
STATE OF MONTANA CURRENT LAW
THERE, WHICH SAYS THAT THE TIME
ALLOWANCES THAT DEALERS SHOULD
SHOULD HAVE, OR WARRANTY WORK
SHOULD BE THE SAME TIME
ALLOWANCES THAT DEALERS HAVE FOR
CUSTOMER PAY WORK, MUCH SIMPLER
, VERY DIFFERENT PROVISIONS THAN
WHAT WAS INCLUDED. OKAY, SO THAT
WAS NOT IN THE 2018 MILL, AND
NOW IT'S BEEN IMPROVED,
OSTENSIBLY OKAY. COULD YOU TALK
ABOUT THE DIGITAL SERVICES? I'VE
HEARD SOME CONVERSATION ABOUT.
THIS ISN'T IN THE BILL, IS IT?
NOT? AND WHAT DOES IT MEAN?
THERE'S A PROVISION IN THE BILL
THAT WOULD REQUIRE THE
MANUFACTURERS TO REIMBURSE THE
DEALERS FOR COSTS THAT THEY
INCUR AS A RESULT OF HARM THAT
EXPOSURE THAT DEALER HAS AS A
RESULT OF THE DIGITAL SERVICE.
THE MANUFACTURER REQUIRES A
RECOMMENDS BEING NON COMPLIANT
WITH CALIFORNIA LAW AND WHAT
WE'RE SEEING IN MANY CURRENT
CIRCUMSTANCES IS THAT THERE IS A
50 STATE KIND OF SOLUTION THAT
IS IMPOSED ON A DEALER, FOR
EXAMPLE, THERE MIGHT BE
PROVISIONS. ENDS WERE RELATED TO
THE WAY THAT ARE A VENDOR MIGHT
GENERATE A REPAIR ORDER THAT
USES ACRONYMS OR TERMINOLOGY
THAT OUR STATE BUREAU OF
AUTOMOTIVE REPAIR SAYS IT'S
INAPPROPRIATE FOR CALIFORNIA
CONSUMERS. THIS WOULD SAY THAT
THIS WOULD SAY THAT IF THE
MANUFACTURERS IMPOSING A
REQUIREMENT THEN THAT THE
MANUFACTURER WOULD NEED TO
DEFEND THE DEALER IN THE EVENT
THAT, UM THAT DIGITAL SERVICE
DOES NOT COMPLY WITH CALIFORNIA
LAW. OH OKAY AND THEN ON THE
SUBSCRIPTION ISSUE, WHAT'S I
MEAN? IT'S INTERESTING FEES AND
ADD ONS OR AT THE FEDERAL LEVEL
. WE'RE SEEING A LOT OF
DISCUSSION AND HOTEL BILLS AND
THINGS LIKE THIS. IS THIS THE
SAME TYPE OF THING WHERE I KNOW
ON MY CAR? I HAVE A SUBSCRIPTION
ISSUE FOR EMERGENCY PUSH A
BUTTON AND TRIPLE A COMES OR
SOMETHING. SO UH, IS THIS THE
SAME TYPE OF THING THAT WE'RE
GOING TO BEGIN TO SEE THAT A LOT
OF THESE ADD ON SERVICES ARE
GOING TO BE SUBSCRIPTION BASED.
WE? WE'VE ALREADY SEEN SOME OF
THESE SUBSCRIPTION BASED ADD ONS
ROLLOUT IN THE UK SPECIFICALLY
IN EUROPE SPECIFIC WE'VE SEEN
MANUFACTURERS DO FOR AN EXAMPLE
AIRBAGS. I MEAN, I'M SORRY. I'M
SORRY. HE DID SEATS WHERE
CONSUMERS? YEAH APOLOGIZE FOR
THAT ARE REALLY DIFFERENT. BUT
YEAH, YOUR ATTENTION, OKAY, BUT
THEY SO THE CONSUMER ROLLS OFF
THE LOT, THINKING THAT
UNBEKNOWNST TO THE CONSUMER, AND
THE DEALER ROLLS OFF THE LOT,
THINKING THAT THEY'RE GOING TO
HAVE HEATED SEATS IN THEIR CAR
AND GET PAID BY THE MANUFACTURER
HEAD. YOU WANT TO TURN ON YOUR
HEATED SEATS. IT'S GONNA COST
YOU WOULD PROHIBIT THAT PROHIBIT
THAT WE WANT TO BE VERY CLEAR
THAT THAT WE'RE TRYING TO JUST
GET AT STUFF THAT'S HARD WIRED
IN PART OF THE CAR. WE DON'T
WANT TO TOUCH THE SIRIUS XM'S.
THE EMERGENCY SERVICES,
OBVIOUSLY NOT AIRBAGS. UM BUT IF
THERE'S A COST THAT WE BELIEVE
THAT IF THERE'S AN ONGOING COSTS
AT THE MANUFACTURER HAS TO
MAINTAIN A SERVICE, FOR EXAMPLE
, LIKE ON STAR SYSTEM OR
EMERGENCY SERVICES, OR SOMEONE
HAS TO BE ON THE PHONE. ON THE
OTHER END, IT MAKES SENSE FOR
THEM TO CHARGE A SUBSCRIPTION
FEE TO MAINTAIN THAT SERVICE.
BUT IF WE'RE SIMPLY TALKING
ABOUT THEM, ACTIVATING OR
DEACTIVATING HARDWIRE FEATURES
IN THE VEHICLE IN EXCHANGE FOR
REOCCURRING PAYMENTS. THE HEAT
EXCEEDED SEED EXAMPLE. OR LIKE
CARPLAY WAS ANOTHER EXAMPLE. BMW
HAD A THING WHERE HE WOULD SHUT
OFF CARPLAY UNLESS YOU
MAINTAINED AS SUBSCRIPTION TO
MAINTAIN IT ON YOUR VEHICLE. WE
THINK THAT THOSE TYPES OF
SUBSCRIPTION SERVICES ARE
INAPPROPRIATE, AND I AGREE WITH
THAT. NOW, JUST ONE FINAL
QUESTION ON THE E V CHARGING
STATIONS WHAT'S CONTAINED IN THE
BILL, AND WHAT ARE YOU? TRYING
TO DEAL WITH, SO THERE'S TWO
PROVISIONS IN THE BILL ONE
RELATES TO MANUFACTURER
REQUIREMENTS. THESE ARE THE
DEALERS SO THE MANUFACTURERS,
MOST NOTABLY, FORD HAS RECENTLY
COME OUT WITH A PROGRAM WHERE
THEY'RE REQUIRING DEALERS TO
INSULT PUBLIC. DC FAST CHARGERS
AT THEIR STORES, AND THIS IS
KIND OF A UNIFORM REQUIREMENT
ACROSS THE BOARD. THESE CHARGERS
CAN COST WELL OVER A MILLION
DOLLARS TO INSTALL. THEY'RE
QUITE EXPENSIVE AND CAN REQUIRE
INTEGRATION, COMPLEX INTEGRATION
WITH THE GRID AND AN AUTO MALLS
IN PARTICULAR MULTIPLE
DEALERSHIPS THAT THERE ARE
COMPLYING WITH THESE
REQUIREMENTS. UM ARE PLACING
UNIQUE STRESSES ON THE GRID
BECAUSE THESE REQUIREMENTS DON'T
ALLOW A DEALER, FOR EXAMPLE, TO
POOL WITH ANOTHER DEALERSHIP TO
SAY, HEY, LET'S JUST CREATE A
FAST CHARGER STATION THAT WOULD
SATISFY ALL 15 OF THESE STORES
ON THE AUTO MALL SO WE CAN
CHARGE ALL OF OUR VEHICLES.
INSTEAD THESE REQUIREMENTS ARE
SINGULAR THAT THEY'RE IMPOSING
ON EACH INDIVIDUAL FRANCHISEE
CONSTRICTED HERE. INSTEAD, THESE
PROGRAM REQUIREMENTS PUT ON OUR
IN OUR VIEW AND UNREASONABLE. UM
BURDEN ON THE ELECTRICAL GRID.
DON'T REALLY SERVE ANYONE,
FRANKLY, AND THIS WILL REQUIRE A
REASONABLENESS STANDARD TO BE TO
APPLY TO THOSE TYPES OF
REQUIREMENTS THE MANUFACTURERS
HAVE ON DC FAST CHARGERS. AND IF
THE MANUFACTURERS WANT THE
DEALERS TO INSTALL PUBLIC FACING
DC FAST CHARGERS AT THEIR STORES
, THIS WOULD REQUIRE A COST
SHARING OF 50% OKAY, ALRIGHT.
THANK YOU VERY MUCH. I
APPRECIATE IT. THANK YOU. ANY
OTHER THANK YOU, UM. I JUST WANT
TO SEE PEOPLE GET PAID AS CLOSE
AS THEY CAN TO THE WORK THEY'RE
DOING. HE SAYS. YOUR STUFF IS
FICTION ON THE THIRD PARTY. YOU
SAY WHAT THAT'S NOT. IT'S NOT
FICTION. IT'S AS CLOSE AS ACTUAL
BECAUSE, ISN'T IT RIGHT NOW THAT
YOU HAVE A WAY OF APPEALING IF
YOU GO OVER AND I MEAN WELL,
YOU'RE NOT GOING TO FEEL IF YOU
GO UNDER THE TIME, RIGHT?
BECAUSE YOU HAVE VERY YOU KNOW,
QUALIFIED, BUT IF YOU GO OVER
THE TIME YOU CAN GET THAT MONEY,
SO MY GOAL IS TO GET YOU TO GET
AS CLOSE AS YOU CAN TO THE WORK
YOU'RE DOING AND PAID FOR THAT
WORK, SO IF THERE'S AN
OPPORTUNITY TO GET THE AMOUNT
THAT YOU GO OVER, WHY DON'T WHY
DON'T YOU LIKE THAT PART OF IT?
SO THAT'S WHERE I'M KINDA IF YOU
COULD WORK ON THIS TOGETHER,
THAT WOULD BE FABULOUS. SO ARE
CONCERNED WITH THAT PROVISION.
THAT'S RIGHT. THAT'S REFERENCED
IN THE BILL IS THAT IT'S IF THE
ENTIRE TIME GUIDE IS PROBLEMATIC
. IT PAYS 60 CENTS ON THE DOLLAR
. THE PROVISION IN THE BILL
ALLOWS IT UNILATERALLY A BILL
ABILITY OF A DEALER TO FILE
SINGULAR CHALLENGES. IT DOESN'T
ALLOW A DEALER TO SAY THIS
ENTIRE TIME GUIDE IS INEFFICIENT
, INSUFFICIENT AND THE WAY THAT
TECHNICIANS THE WAY THAT
TECHNICIANS GET COMPENSATED IN
THE STATE OF CALIFORNIA IN THE
WAY THAT OURS ARE STRUCTURED IS
THAT EXPERIENCED TECHNICIANS
RECEIVE MORE IN COMPENSATION
BECAUSE THEY CAN FLAG MORE
HOURS. IN A SHORTER PERIOD OF
TIME. SO THIS IDEA UPSIDE WHEN
THAT HAPPENS, THAT'S THE UPSIDE
RIGHT? THAT'S AN UPSIDE. AND,
FRANKLY, THAT'S GIVE MONEY BACK
WHEN YOU GET THAT UPSIDE. NO,
NO, NO. SO THE UPSIDE ISN'T THAT
IF IT IF I'M AN EXPERIENCED
TECHNICIAN, AND I FLAG THREE
HOURS AND ONLY TAKES ME TWO
HOURS TO DO IT I GET TO EARN
THREE HOURS WORTH OF
COMPENSATION FOR IT ENCOURAGES
PRODUCTIVITY ENCOURAGES
EFFICIENCY, AND IT REWARDS
PEOPLE BASED ON THEIR EXPERIENCE
. CERTAINLY MY CONCERN REALLY,
BECAUSE I LOVE MY LOCAL DEALERS,
TOO. AND I DON'T WANT THEM TO
COME UP SHORT. SO WHEN YOU COME
UP SHORT, IS THERE NOT A PROCESS
TO MAKE THAT UP? AND? AND MAY I
SUGGEST THIS BECAUSE YOU MAKE A
COMPELLING ARGUMENT THAT, UH IF
IT HAPPENS OVER AND OVER AGAIN,
IT BECOMES VERY CUMBERSOME FOR
YOU TO KEEP APPLYING AND
APPLYING. SO IS IT THAT WE COULD
PROVIDE SOMETHING IN THE BILL?
THAT WOULD SAY IF IT IS THAT
THIS HAPPENS ON THIS? YOU KNOW,
CARBURETOR ADJUSTMENT THAT
ALWAYS HAS TO HAPPEN UNDER
WARRANTY, AND IT REALLY DOES
TAKE MORE TIME THAN THEN YOU
COME CLOSER TO IT RATHER THAN
THIS THIRD PARTY THAT HE SAYS
YOU WOULD FIND UNDER FICTION IN
BARNES AND NOBLE. I MEAN, I JUST
I WANT TO GET HIS CLOTHES. I
PRACTICED LAW. I KNOW WHAT IT'S
LIKE WHEN YOU GOT TO, LIKE, EAT
YOUR HOURS OR YOU THINK IT TOOK
TOO LONG OR UNDER. YOU KNOW,
WHATEVER. I WANT TO SEE YOU AS
CLOSE TO THE WORK AS POSSIBLE
PAID FOR THAT. SO IS THERE A WAY
THAT WE CAN BRING EVERYBODY
TOGETHER? I THINK WE'RE WE'VE
BEEN WORKING WITH THE ALLIANCE.
WE'VE WE'VE MET WITH THEM ON ON
ALL THESE ISSUES, AND I'M YOU
KNOW, I'M SURE THE AUTHOR IS
WILLING TO WORK WITH THEM AND
CONTINUE TO DO THAT, AND WE
SUBMITTED COMMENTS. WELL, I
THINK IT IN ADVANCE OF THE
INTRODUCTION OF THE BILL AS WELL
, THAT THAT WE SUBMITTED. I'M
SORRY. THE BILL FOR COMMENTS.
UM, AND TO THE TO THIS DAY TO MY
KNOWLEDGE WE'VE RECEIVED NOT,
UM, THAT SO TODAY. THERE IS
WE'RE CERTAINLY RECEPTIVE TO
ANYTHING. JUST GO AHEAD. YOU CAN
ALSO ADD ON SOMETHING TO MR
MARTIN. JUST YOU KNOW RELATED TO
THAT WE, YOU KNOW, WE HAVE HAD
CONVERSATIONS WITH THE AUTHOR
AND THE SPONSORS. WE ARE
DEVELOPING AMENDMENTS FOR THE
BILL ON THIS PARTICULAR
PROVISION, I THINK YES, IS IF WE
ARE ABSOLUTELY WILLING TO TALK
ABOUT THAT PROCESS WITHIN THE
STRUCTURE OF WHAT IT IS RIGHT
NOW, IF IT TAKES MORE TIME. HOW
CAN WE? HOW CAN WE WORK ON THAT
PROCESS? THIS 60 CENTS ON THE
DOLLAR IS A SHELL GAME. THEY ARE
USING INFLATED RATES TO SAY
THEY'RE GETTING PAID 60 CENTS ON
THE DOLLAR RIGHT NOW. WE THINK
THAT THEY'RE NOT USING LUTALYSE
NG THE SYSTEM THAT'S HERE IS
BECAUSE IT REQUIRES THE
SUBMISSION OF SOME ACTUAL
EVIDENCE THAT IT TOOK LONGER.
AND IF YOU DON'T HAVE EVIDENCE
THAT IT TOOK LONGER. YOU'RE NOT
GOING TO SUBMIT IT, AND SO YOU
KNOW, COULD WE TALK ABOUT THE
PROCESS? ABSOLUTELY LET'S TALK
ABOUT THE PROCESS, BUT WE CANNOT
BE TALKING ABOUT THIRD PARTY
TIME GUIDES. MISS PEPPER WHERE
YOU'VE DONE? YES. OKAY, YEAH. MR
CHEKOV. SO I DO HAVE SOME
CONCERNS ABOUT THIS BILL NOW
ALSO HAVE CARD DEALERS IN MY, UM
IN MY DISTRICT, AND I SAY
CONCERNS ONLY BECAUSE I FEEL
LIKE THERE NEEDS TO BE MORE
DIALOGUE AND CONVERSATIONS, UM,
BETWEEN THE CAR DEALERS AND
MANUFACTURERS BECAUSE I'M GOING
TO STATE THE OBVIOUS WE NEED
BOTH OF YOU. WE NEED
MANUFACTURERS AND WE NEED THE
CAR DEALERS AND YOU CAN EXIST
WITHOUT EACH OTHER. SO I REALLY
THINK THAT MORE CONVERSATIONS
NEED TO BE HAD AH, AND THERE
NEEDS TO BE SOME KIND OF
COMPROMISE. AH. SO THAT WAY WE
CAN PERFECT THIS BILL ANYMORE.
UH EVEN EVEN MORE. SO UH, I'M
LOOKING FORWARD TO BOTH BOTH
SIDES HAVING CONVERSATIONS AND
LOOK FORWARD TO SEEING WHAT'S IN
THE END. AND AS WE'VE BEEN I
IDENTIFIED EARLY ON IN DOING MY
CONSTANT CONVERSATION. IT'S A
COMPLEX BILL. SO WE'RE BY FAR
WE'RE STILL GOING TO WORK WITH
THEM. AND YOU KNOW, I STILL LIKE
THEM AND LIKE ALL THOSE GUYS
BACK THERE, TOO, BUT WE WANT TO
GET TO A COMPROMISE. NO DOUBT
ABOUT IT. BUT, UM, CONSUMER
PROTECTION MAKING SHORT DEALERS
ARE TAKING CARE OF IS REALLY
IMPORTANT TO ME. AND I'VE HAD
DEALERS THAT HAVE NOT BEEN TAKEN
CARE OF. AND SO IT HAD GONE IN
TO SEE THEM BEFORE AND THEY'RE
REAL UPSET. AND THIS IS HOW MUCH
IT COST CHARGING ME AND I CAN'T
GET IT DONE IN THAT TIME, SO
I'VE SEEN IT ON THE ON THE
GROUND SO THANK YOU, UH, ANY
FORESEEN NO FURTHER QUESTIONS OR
COMMENTS FROM THE COMMITTEE AND
BASED ON THE AMENDMENTS TO THE
ISSUES IN THE JURISDICTION OF
THIS COMMITTEE, I DEFINITELY
SUPPORT THE BILL MOVING FORWARD
TODAY. I DO WANT TO ENCOURAGE
THE PARTIES TO WORK TOGETHER ON
PARTICULARLY ON SECTION TWO. THE
WARRANTY SERVICE REIMBURSEMENT
LANGUAGE. WE, UH I AND I'M SURE
EVERYBODY UP AT THE COMMITTEE
WANTS TO ENSURE THAT THE BILL
DOESN'T INCREASE PRICES FOR NEW
CARS OR MAINTENANCE SERVICES. AS
A RESULT, SO AND THIS ISSUE IS
BEST ADDRESSED IN THE
TRANSPORTATION COMMITTEE AS WELL
WHERE THIS IS HEADED, ANYWAY, SO
BUT CERTAINLY GIVEN THE IMPACTS
OF COMPUTERS WE'D LIKE TO SEE
THE AND LIKE TO SEE THE BILL
PROGRESS. SO WITH THAT, MISS
AGUIAR-CURRY REJECTED CLOSE. I
RESPECTFULLY ASK FOR YOUR VOTE
AND THANK THE COMMITTEE FOR THE
WORK. YOU BET. OKAY WE HAVE A
MOTION AND A SECOND AS THE CLERK
TO PLEASE CALL THE ROLL. MOTION
IS THE MOTION IS DUE PASS TO THE
TRANSPORTATION. AS AMENDMENT TO
THE TRANSPORTATION COMMITTEE.
MAIENSCHEIN MAIENSCHEIN IA SALLY
CONNELLY CONNELLY I, DICKSON
DICKSON. I HANEY HANEY. I
CHOLERA I PACHECO PACHECO I
PAPIN HI, I REYES I REVERSE.
THANK YOU. I SANCHEZ SANCHEZ.
AYE. THERE IS OUT THANK YOU. WE
HAVE ONE FURTHER, BILL. I DO NOT
SEE THE AUTHOR. HE IS PRESENTING
ANOTHER BILL RIGHT NOW. OKAY
WHAT WE WHAT WE HAVE THE TIME
WE'LL GO AHEAD AND DO ADD ONS,
UM, ITEM TO ASK THE CORPORATE
CALLED ROLE TO CONNOLLY CONNOLLY
, I RIVAS RIVAS. I SANCHEZ. HI,
SANCHEZ. AYE. WE DO ALSO NEED.
WE HAVE REVIS. MR YEAR BILL. I
DIDN'T FIVE ITEM FIVE ADD ONS.
THAT'S CORRECT. CALL IT WRONG. 3
57 RIVAS RIVAS SIDE. THANK YOU.
WE ARE ALL CAUGHT UP. YES, SIR.
I THINK SO. FOR SURE. WAS THE
RAIN STOP. LONG I'M SURE. I
THINK THERE'S STILL ONE MORE
TWICE. YEAH. AMAZING. THEY
DIDN'T SAY SOMETHING. YOU OUT.
OKAY YEAH, YEAH, I LIKE THAT.
OKAY. TWIST NICE. YES. ALRIGHT
YEAH. WE'RE COMING TO YOU ARE
OKAY, GOOD. YEAH. IS THERE? IS
THERE ANY WAY I CAN JUST.
PERMISSION. JUST MINUTES TRUST
ME. I DON'T LIKE IT ESTABLISHED.
IT'S NOT.
SPEAKING OF, YEAH. I'LL BE HALF
OF THE CALIFORNIA COUNCILMAN FOR
HUNTING. I GUESS WE COULD BACK.
YEAH. EXACTLY. IT WAS JUST TAKE
OUT. MS REYES, WILL YOU PRESENT
IT EMAILS TO SAY IT?
THANK YOU MISS RAISE FOR
STEPPING IN AND THANK YOU, UM, A
B 554 BY SIMPLE MEMBER GABRIEL
CODIFIES THE 2022 APPELLATE
COURT OPINION TO MAKE IT CLEAR
THAT NONPROFIT CORPORATIONS
ESTABLISHED FOR THE PREVENTION
OF CRUELTY TO ANIMALS HAVE
STANDING TO FILE CIVIL ACTIONS.
TO SEEK AN INJUNCTION TO PREVENT
ONGOING ABUSE TO ANIMALS. IT IS
SUPPORTED BY THE ANIMAL LEAGUE
DEFENSE FUND AND SOCIAL
COMPASSION AND LEGISLATION. WITH
NO KNOWN OPPOSITION. THANK YOU
ANY OTHER WITNESSES AND SUPPORT
UH, GOOD MORNING CHAIR
MAIENSCHEIN AND VICE CHAIR ASILI
AND MEMBERS OF THE COMMITTEE. MY
NAME IS CHRISTOPHER BARRY AND
MANAGING ATTORNEY FOR THE ANIMAL
LEGAL DEFENSE FUNDS WHEREVER FOR
12 YEARS, AND IN MY CAPACITY
THERE, I'VE SERVED AS THE LEAD
LITIGATOR FOR SEVERAL OF OUR
CALIFORNIA BASED ENFORCEMENT
CASES, SPENDING THOUSANDS OF
HOURS TO ENSURE CALIFORNIA'S
ANIMALS HAVE A VOICE. UH IN 2008
LDF PARTNER, CARILLO SPC WAS
CREATED AND AS AN S P C. A
INCORPORATED UNDER CALIFORNIA
CORPORATIONS CODE 10 400 GURU
HAS THE AUTHORITY TO PROFFER A
COMPLAINT FOR THE VIOLATION OF
ANIMAL PROTECTION LAWS, WHILE
THE INTENT OF THE CURRENT LAW IS
TO THAT SOCIETIES FOR THE
PREVENTION OF CRUELTY TO ANIMALS
CAN EFFECTIVELY REMEDY AND
PREVENT CRUELTY TO ANIMALS THAT
HASN'T CONSISTENTLY WORKED THAT
WAY IN PRACTICE. AND I CAN TELL
YOU FROM PERSONAL EXPERIENCE
THAT DEFENDANTS OFTEN WILL TRY
TO EXPLOIT THE ARCHAIC TEXT OF
THE CURRENT STATUTE TO DISMISS
MERITORIOUS COMPLAINTS ON
PROCEDURAL GROUNDS, WASTING
CRITICAL COURT AND ATTORNEY
RESOURCES AND CAUSING IRREGULAR
AND INCONSISTENT APPLICATIONS OF
LAW. UH TWO RECENT CASES
ILLUSTRATE THE VALUE. OF THE
THIS SECTION, 10 404 AUTHORITY
AND THE VALUE OF A CLARIFICATION
EMPLOYEE KENNY. THAT CASE
INVOLVES OPERATION SERIALLY,
ALLEGING THE SALE OF UNDERAGE
AND TERMINALLY ILL PUPPIES AND
IN ANOTHER CASE KAROO SBC A VM
THEME E INVOLVES KEEPING DOZENS
OF DOGS AND UNSANITARY
CONDITIONS THAT THIS SECTION 10
44 AUTHORITY WAS USED IN BOTH
CASES OVER. UM THESE SORT OF
ARCHAIC PROCEDURAL OBJECTIONS IN
ORDER TO ENSURE ENFORCEMENT OF
THE LAW. SO WITH THAT WE THANK
YOU FOR YOUR CONSIDERATION OF
THIS IMPORTANT MEASURE AND
RESPECTFULLY ASK FOR YOUR I VOTE
. I'M ALSO HAPPY TO ASK ANSWER
ANY QUESTIONS? THANK YOU ANY
OTHER WITNESSES AND SUPPORT
NICOLAS SECOND SOCIAL COMPASSION
IN LEGISLATION IN SUPPORT. THANK
YOU. SEEN NO FURTHER WITNESSES
AND SUPPORT ANY WITNESSES AND
OPPOSITION. THANK YOU, MR CHAIR
MEMBERS. RICK TRAVIS, CALIFORNIA
RIFLE PISTOL ASSOCIATION ALSO
REPRESENTED CALIFORNIA
ANNOUNCEMENT FOR CONSERVATION
SAFARI CLUB INTERNATIONAL. WE
HAVE SOME CONCERNS, OBVIOUSLY,
NEVER WANT TO SEE ANIMALS ABUSED
ANY OF THIS HAPPENED. BUT OUR
CONCERN IS AS WRITTEN IN
PARAGRAPH VIA OPENS THE
POTENTIAL FOR ABUSE BY RADICAL
ANIMAL RIGHTS GROUPS, NOT THE S
. P C. A SIMPLY AMEND THE
ARTICLES OF INCORPORATION MEETS
CERTAIN OTHER STATUTORY
REQUIREMENTS. THE REASON THIS IS
A CONCERN IS FOR SPORTING DOG
GROUPS AND PEOPLE THAT WORK IN
THAT SPACE SUCH AS MYSELF. UM WE
CAN HAVE A COMMON EXAMPLE THAT
CAN GIVE YOU WORKING WITH
LABRADORS. YOU HAVE SOME
LABRADORS, AS WE ALL KNOW, IS
THE NUMBER ONE BREEDING THIS
COUNTRY'S COUCH POTATOES WHO
JUMP IN THEIR BACKYARD, GO
PLAYING A CL TEAR, AND THEN
MILLIONS WILL TELL YOU THAT'S
QUITE NORMAL. AT THE SAME TOKEN,
WE HAVE HAD CASES WHERE THOSE OF
US WORKING THE SPORTING DOG
GROUP SPACE HAVE AN A C L
TERROR. WINNIPEG GROUPS TRY TO
SUE US TRY TO SEIZE OUR DOGS AND
DO THINGS SO OURS IS TO WORK
WITH THE AUTHOR ON THIS, UM WE
CAME A LITTLE LATE TO THE GAME
AND WE APOLOGIZE FOR THAT. BUT
WE WANT TO MAKE SURE WE CAN SEE
THAT THAT WILL NOT HAPPEN TO
THOSE WORKING THIS MORNING DOG
SPACE. THANK YOU ANY OTHER
WITNESSES IN OPPOSITION? SEEN
THAT, MR GABRIEL. THANK YOU. WE
ADVISE YOU JUST STARTED
PRESENTATION AT PUBLIC SAFETY,
SO WE WERE UNCLEAR HOW LONG THAT
MIGHT TAKE. SOME ISRAELIS DIDN'T
DID A AN EXCELLENT JOB FILLING
IN FOR YOU, BUT OBVIOUSLY I
PROBABLY SHOULD HAVE JUST STAYED
OUT OF THE ROOM AND LET HER
FINISH THE VEIL. SO BUT WELCOME.
THANK YOU. UM OK. SEE? NO
FURTHER, UH WITNESSES AND
OPPOSITION TO HAVE ANY QUESTIONS
OR COMMENTS FROM THE COMMITTEE.
I UM I JUST WANT TO MOVE THE
BILL AND BE JOINED IN HIS CO
AUTHOR. THANK YOU SO EMOTION
FROM MR KARAS, SECOND FROM
ISRAELIS ANY OTHER QUESTIONS OR
COMMENTS FROM THE COMMITTEE ALSO
, MR GABRIEL, DO YOU ACCEPT THE
COMMITTEE AMENDMENTS? OF COURSE.
THANK YOU. THANK YOU TO YOUR
STAFF APPRECIATE IT YET. COMMENT
FROM OUR QUESTION, MR SALIH,
JUST A QUICK BRIEF COMMENT.
QUESTION UM, WOULD YOU BE
WILLING TO SPEAK WITH THE
OPPOSITION TO ADDRESS THAT
CONCERN THAT THEY BROUGHT UP
ABOUT SPORTING DOGS BEING
UNFAIRLY TARGETED? YEAH, AND I
STILL LET ME JUST SAY, FIRST OF
ALL, I APOLOGIZE, JUST
PRESENTING TWO BILLS IN PUBLIC
SAFETY. SO APOLOGIES. UM YEAH,
WE'RE ALWAYS HAPPY TO HAVE
CONVERSATIONS WITH FOLKS. AND I
THINK THAT SOME OF THIS CAME TO
US AT THE LAST MINUTE AND
HAVEN'T HAD A CHANCE TO FULLY
HAVE THOSE CONVERSATIONS, BUT
WITH ANY AS WITH ANY BILL, OUR
DOOR IS ALWAYS OPEN. WE'RE
ALWAYS HAPPY TO HAVE
CONVERSATIONS WITH ANYBODY AND
TRY TO FIGURE OUT HOW WE CAN GET
THE BEST PUBLIC POLICY FOR
FOLKS. AND IT SOUNDS LIKE THIS
IS SOMETHING THAT SHOULDN'T EVEN
BE REQUIRED. I MEAN, I THINK THE
LAW IS PRETTY CLEAR THAT THESE
GROUPS SHOULD BE ABLE TO BRING
THESE LAWSUITS TO PROTECT
ANIMALS. THIS WILL JUST CLARIFY
THE LAW. AND I THINK, AVOID
UNNECESSARY LITIGATION WITH THAT
SAID I'D LOVE TO BE A CO AUTHOR
IST ALLOWED AS WELL. YEAH,
ABSOLUTELY. I APPRECIATE THAT,
AND I THINK JUST BASED ON SOME
VERY QUICK HALLWAY CONVERSATIONS
I'VE HAD WITH A NUMBER OF FOLKS.
THERE MAY JUST BE A LITTLE BIT
OF CONFUSION ABOUT WHAT THIS
BILL DOES THAT WE CAN CLEAR UP
AND I IT SHOULD BE THE KIND OF
THING I THINK. HOPEFULLY THAT
ALL OF US COULD GET BEHIND AND
FEEL GOOD ABOUT. THANK YOU SEE
NO FURTHER QUESTIONS OR COMMENTS
FROM THE COMMITTEE, MR GABLE,
YOU MAKE CLOTHES. THANK YOU VERY
MUCH. APOLOGIES FOR MY
TARDINESS. RESPECTFULLY REQUEST
AND I VOTE THANK YOU. THE MOTION
IS DUE PASS AS AMENDED TO
BANKING AND FINANCE CLERK.
PLEASE CALL THE ROLL.
MAIENSCHEIN MAIENSCHEIN SLE
CONNELLY CONNELLY. I, DICKSON
DICKSON. I HANEY PENNY I CHOLERA
. CHOLERA I PACHECO CHECCO, EYE
POPPING REYES RIVAS SANCHEZ
SANCHEZ. I DOUBT MOTION IS OUT.
THANK YOU. UM AND WE HAVE ALL
OUR ADD ONS ALREADY. SO THANK
YOU ALL VERY MUCH. MEETING
ADJOURNED. THANK YOU. YOU BET.
THANK YOU.