GOOD MORNING EVERYONE.
WELCOME WELCOME TO TODAY'S
JUDICIARY COMMITTEE HEARING
PLEASE NOTE THAT ITEM NUMBER FOR
SB FORTY TWO I'M BURKE HAS BEEN
PULLED FROM THE HEARING AS A
REMINDER EACH SIDE WILL BE
ALLOWED TO MAIN WITNESSES TWO
MINUTES EACH ADDITIONAL
WITNESSES SHOULD STATE THEIR
NAME AN ORGANIZATION ONLY THIS
ALLOWS ALL AUTHORS A FAIR CHANCE
TO PRESENT THEIR BILLS AND ALL
MEMBERS OF THE PUBLIC AN EQUAL
CHANCE TO HAVE THEIR POSITION
REFLECTED IN THE RECORD. AS WE
PROCEED WITH OUR BILL HEARING I
WANNA MAKE SURE EVERYONE
UNDERSTANDS OUR COMMITTEE RULES
TO MAINTAIN TO ENSURE WE
MAINTAIN ORDER AND RUN A FAIR
AND EFFICIENT HEARING WITH THE
GOAL OF HEARING AS MUCH FROM THE
PUBLIC WITHIN THE LIMITS OF OUR
TIME RULES OF CONDUCT BY MEMBERS
OF THE PUBLIC 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 IN SUPPORT OR
OPPOSITION OF THE BILL. NO
ENGAGING IN CONDUCT THAT
DISRUPTS DISTURBS OR OTHERWISE
IMPEDES ORDERLY CONDUCT OF THIS
HEARING NO ENGAGING IN PERSONAL
ATTACKS OF MEMBERS OF THE
COMMITTEE AUTHORS ARE STAFF
PLEASE BE AWARE THAT VIOLATIONS
OF THESE RULES MAY SUBJECT YOU
TO REMOVAL OR OTHER ENFORCEMENT-
PROCESSES WE DIDN'T OBVIOUSLY DO
NOT HAVE A QUORUM BUT WILL START
AS A- SUBCOMMITTEE AND WILL HEAR
OUR FIRST ITEM I SEE CENTER
CORTES EASIER S. B. SIX SIX- I
POLITICS. I APOLOGIZE. YOU SNUCK
IN WHILE I WAS READING THAT.
ANNA OUR ALL RIGHT ALL RIGHT. I
DON'T KNOW ONE THEN WE WILL IN
ORDER. FIVE CENTER SMALL CUEVAS
. A SIXTEEN YEAR. IT'S FIFTEEN
WITHOUT MY GLASS. SIX WHERE MY
GUYS SO YEAH. YES YEAH WELCOME.
WELCOME. GOOD MORNING ASSEMBLY
JIM THANK YOU SO MUCH. OF.
HAVING US HERE TODAY- I AM
PLEASED TO PRESENT SB SIXTEEN
WHICH WOULD ALLOW LOCAL AGENCIES
TO BRING ENFORCEMENT ACTIONS
UNDER THE FAIR. EMPLOYMENT AND
HOUSING ACT. CALIFORNIA'S
WORKERS HAVE A FUNDAMENTAL
RIGHT. TO FREEDOM FOR A
DISCRIMINATION FREE WORK SITE.
AND WHEN LEFT UNCHECKED
DISCRIMINATION IN THE WORKPLACE
CAN DENY WORKERS THEIR RIGHT TO
BASIC HUMAN DIGNITY AND ROB
COMMUNITIES OF OPPORTUNITIES TO
IMPROVE AND STRENGTHEN
THEMSELVES AND LIMIT THE SELF
SUFFICIENCY THAT WE NEED FOR S.
RESIDENT CALIFORNIA TO HAVE. THE
PRINCIPLE PROTECTIONS AGAINST
DISCRIMINATION BASED ON FACTORS
LIKE RACE RELIGION DISABILITY
SEXUAL ORIENTATION GENDER
EXPRESSION AND MANY OTHERS COME
FROM THE FLARE EMPLOYMENT AND
HOUSING ACT OTHERWISE KNOWN AS
FIFA. FIFA IS ENFORCED BY THE
CALIFORNIA CIVIL RIGHTS
DEPARTMENT THROUGH INVESTIGATING
AND BRINGING SUIT FOR INDIVIDUAL
CASES OR THROUGH ISSUING RIGHT
TO SUE ORDERS TO THOSE PURSUING
THEIR OWN CASES. HOWEVER DESPITE
CONCERTED EFFORTS BY THE
DEPARTMENT FAR TOO MANY WORKERS
DO NOT FEEL THEIR DISCRIMINATION
CASES ARE GETTING THE ATTENTION
NEEDED TO APPROPRIATELY RESPOND
TO WORKFORCE DISCRIMINATION. AND
THAT LIMITS OUR ABILITY TO
REALLY CHANGE THE CULTURE OF
WORK SO THAT SO MANY RESIDENTS
CAN BE THEIR FULL SELVES AND
WORK TO THEIR FULLEST POTENTIAL.
IN ORDER TO ADDRESSABLE RIGHTS
ISSUES AND I'M MORE FOCUSED WAY
SEVERAL LOCAL ENTITIES LIKE THE
CITY OF LOS ANGELES THE COUNTY
AND CITY OF SAN FRANCISCO- THE
CITY OF SAN DIEGO HAVE CREATED
THEIR OWN AGENCIES TO ADDRESS
VIOLATIONS OF CIVIL RIGHTS. AND
WHILE THESE AGENCIES ARE DOING
GOOD WORK TO END DISCRIMINATION
IN THEIR JURISDICTIONS STATE LAW
PROHIBITS THEM FROM PURSUING
ENFORCEMENT. ACTIONS WHEN IT
RELEASED A VIOLATIONS UNDER FEE
HAS. WE HAVE A TERM. OPPORTUNITY
TO ALLOW LOCAL GOVERNMENTS
SEEKING TO PROTECT THEIR
RESIDENTS IN THE STATE'S CIVIL
RIGHTS DEPARTMENT TO DEVELOP
PARTNERSHIPS. COLLABORATIVE
ENFORCEMENT THAT CALIFORNIANS
DESPERATELY NEED TO PROTECT
THEMSELVES FROM DISCRIMINATION
AS WE HAVE SO MANY WORKERS SO
MANY SECTORS AND TOO OFTEN FAR
TOO MANY SCHEMES. SB SIXTEEN
SEIZES ON THE OPPORTUNITY BY
REMOVING PREEMPTION PROVISIONS.
IN FIFA THAT PREVENT LOCAL
AGENCIES FROM PARTICIPATING IN
ENFORCEMENT ACTIONS I HAVE WITH
ME TODAY TO TESTIFY IN SUPPORT
OF THIS BILL ELDER SOLOMON ON
BEHALF OF THE SOUTHERN
CALIFORNIA BLACK WORKERS HAVE
FOR REGIONAL ORGANIZING. WELCOME
YOU MAY PROCEED. GOOD MORNING MR
CHAIRMAN MEMBERS- MY NAME IS OLD
SOLOMON I'M POLICY MANAGER FOR
THE SOUTHERN CALIFORNIA BLACK
WORKER HUB REGIONAL ORGANIZING-
WE ARE CO SPONSOR WE ARE SPONSOR
OF THIS BILL I'M SPEAKING IN
SUPPORT OF SB SIXTEEN OUR
ORGANIZATION WORKS DIRECTLY.
WITH WORKERS TO UNIFY BLOCKER
VOICE- AND POWER IN THE SOUTHERN
CALIFORNIA REGION AND BEYOND.
THE NEED FOR SB SIXTEEN IS
URGENT AND COMPLEX THE ADDITION
OF LOCAL ENFORCEMENT WOULD GIVE
WORKERS A FIGHTING CHANCE
AGAINST DISCRIMINATION BY
EMPOWERING WORKERS TO FILE
COMPLAINTS WITH LOCAL AGENCIES
AND DEPARTMENTS IN THEIR OWN
COMMUNITIES. AND OUR WORK WITH
WORKERS WE'VE LEARNED THAT
WORKPLACE DISCRIMINATION IS
DISTURBINGLY COMMON AMONG BLACK
WORKERS AND OTHER VULNERABLE
WORKERS. IN THE LARGEST STUDY OF
OPERATORS IN CALIFORNIA BY THE
UCLA CENTER FOR THE ADVANCEMENT
OF RACIAL EQUITY AT WORK SURVEY
TWO THOUSAND DOCKWORKERS OF
AHEAD OF THE PANDEMIC. AND FOUND
THAT ABOUT A THIRD OF BLACK
WORKERS REPORTED EXPERIENCING
PREJUDICE OR DISCRIMINATION AT
WORK DURING THE PANDEMIC MANY OF
THESE RESPONDENTS WERE ALSO
FEMALE WORKERS. FOR LOW WAGE
WORKERS WHO COMPOSED THE NUMBER
OF CALIFORNIA'S CAN WORKFORCE
FINDING JUSTICE WITHIN THE
JUDICIAL SYSTEM IS FAR TOO
COSTLY. HAS DIMINISHING RETURNS
FOR BLACK WORKERS VULNERABLE
WORKERS AND OTHER MARGINALIZED
GROUPS WE CANNOT RELY ON THE
CURRENT SYSTEM TO ADDRESS
ADEQUATELY WORKER COMPLAINTS
WITHOUT THE POWER AND REACH OF
LOCAL ENFORCEMENT. BY ALLOWING
LOCAL GOVERNMENTS TO SHARE AND
ENFORCING WORKPLACE
DISCRIMINATION ISSUES AND LOST.
SB SIXTEEN WOULD INCREASE
ENFORCEMENT OF THE STATE ANTI
DISCRIMINATION PROTECTIONS ARE
FAR MORE EFFECTIVE STRATEGY. IN
PROTECTING WORKERS FROM CIVIL
RIGHTS VIOLATIONS. WHENEVER
STRONGER FORSMAN IN ADDRESSING
WORKPLACE DISCRIMINATION IS NOT
ONLY A MATTER OF MORE
ENFORCEMENT BUT A MATTER OF THE
KIND OF ENFORCEMENT. THE LOCAL
GOVERNMENTS ARE ABLE TO PROVIDE.
LOCAL GOVERNMENTS ARE QUICK TO
UNDERSTAND THE NUANCES AND
INTRICACIES OF LOCAL ECONOMIES
LOCAL PLAYERS AND LOOK REFER
ISSUES. CIVIL RIGHTS OFFICES IN
LOS ANGELES SAN DIEGO SURFACE
CORNELIA PREVENTED AND UNIQUELY
POISED TO TACKLE THESE ISSUES.
I'M MORE LOCAL APPROACH WILL
CERTAINLY CREATE MORE
OPPORTUNITIES FOR WORKERS TO
FILE COMPLAINTS WILL ALSO PLAY.
A REALLY CRITICAL ROLE IN THE
ENFORCEMENT KEEPER BY PREVENTING
DISCRIMINATION IN THE FIRST
PLACE. LONG LOCAL GOVERNMENTS TO
RESPOND SWIFTLY TO
DISCRIMINATION THAT OCCURS IN
THEIR OWN BACKYARDS. BY PLACING
A SHERMAN FORCE. IN THE HANDS OF
LOCAL DEPARTMENTS THE PASSAGE OF
SB SIX MOVES THIS STEP CLOSER.
TO BECOMING A MORE A- SO. OF
DISCRIMINATION. THE SUFFOLK.
REGION WORKER HAVE ORGANIZING IS
PROUD TO SPONSOR SB SIX. THANK
YOU THANK YOU OTHER WITNESSES
SOME. SOME OF. NAME AN
ORGANIZATION. PELOS A GUY FOR
THE GREATER SACRAMENTO URBAN
THE- STRONG SUPPORT. GOOD
MORNING ASSEMBLY MEMBERS SEPT
HERE COMES WITH THE UCLA LABOR
CENTER IN STRONG SUPPORT AS WELL
AS THE LA WORKERS CENTER NETWORK
WHICH INCLUDES. THE WAREHOUSE
WORKERS RESOURCE CENTER THE LOS
ANGELES BLACK WORKER CENTER. THE
LA RESTAURANT OPPORTUNITIES
CENTER THE KOREATOWN IMMIGRANT
WORKERS ALLIANCE THE GARMENT
WORKER CENTER THE FILIPINO
WORKERS CENTER AND A CLEAN CAR
WASH WORKER CENTER THANK YOU SO
MUCH. GOOD MORNING NICK CRUZ
CALIFORNIA LABOR FEDERATION IN
SUPPORT. GREETINGS GOOD MORNING
DALLAS FOWLER LOS ANGELES
AFRICAN AMERICAN WOMEN'S PUBLIC
POLICY INSTITUTE AS WELL AS
HELPING EMPOWER INDIVIDUALS READ
SUCCESS IN STRONG SUPPORT THANK
YOU THANK YOU. ANY SCENE OF
FURTHER WITNESSES AND SUPPORT
WITNESSES IN OPPOSITION. SCENE
NINE ANY QUESTIONS COMMENTS FROM
THE COMMITTEE. ST.
THIS AND OTHER PARTS OF THE
LABOR CODE AND IS WORKING WELL
TO PROTECT WORKERS FROM
IMMIGRATION RELATED RETALIATION
SUCH AS THREATS OF DEPORTATION
AND RETALIATION FOR THE USE OF
PAID SICK LEAVE ADDING THIS
PROTECTION TO THE LABOR CODE
VIOLATIONS ALLOWS THE LABOR
COMMISSIONER'S TO IDENTIFY
RETALIATION MORE QUICKLY AND
PREVENT LAW BREAKING EMPLOYERS
FROM AVOIDING ACCOUNTABILITY IN
OTHER WORDS HELPING OUR
RESIDENTS BE ABLE TO STAY IN
THEIR JOBS AND TO PROVIDE FOR
THEIR FAMILIES IN A SAFE- AND-
FREE ENVIRONMENT. I HAVE WITH ME
TODAY TO TESTIFY IN SUPPORT OF
THIS BILL BRUCE SILVER TUB FROM
CALIFORNIA COALITION FOR WORKER
POWER AND A WORKER WILL ALSO
SHARE THEIR STORY THANK YOU AND
BEFORE WE TURN IT OVER TO
WITNESSES WE DO HAVE A QUORUM
SAID ASK THE CLERK TO PLEASE
CALL THE ROLL MAIENSCHEIN HERE
SALIH. CONNELLY DIXON THE
HANGING YOUR CALL. CHECK OUT
HAPPEN HERE REYES RE THANK YOU
OKAY FIRST WITNESS SOME. OF TWO
MINUTES. CONTACT GOOD MORNING
ASSEMBLY AT THE CLOSE I SUPER
ITS CLARA UNIVERSITY SCHOOL LAW
I FROM ALL THE TIME WHO EXT READ
AFTER UP ABOUT WORKPLACE
VIOLATIONS YET FOR TALLY HAITIAN
CASES ARE NOTORIOUSLY DIFFICULT
TO PROVE THIS FACT IS BORNE OUT
BY LABOR COMMISSION STATISTICS
FROM TWENTY TWENTY TO TWENTY
TWENTY TWO. ABOUT 90% OF
RETALIATION COMPLAINTS WERE
DISMISSED LARGELY BECAUSE IT'S
OFTEN IMPOSSIBLE FOR A WORKER TO
SHOW THE EMPLOYERS RETALIATORY
INTENT FOR EXAMPLE IN ONE CASE I
HAD THE WORKER WAS FIRED SEVERAL
WEEKS AFTER MAKING A COMPLAINT
ABOUT NOT RECEIVING OVERTIME
PAY. THE EMPLOYER GAVE NO
EXPLANATION THEY JUST STOP
PUTTING HIM ON THE SCHEDULE IN
THIS CASE IT WOULD BE NEARLY
IMPOSSIBLE FOR THE WORKER TO
PRODUCE EVIDENCE TO SHOW HE WAS
TERMINATED BECAUSE HE COMPLAINED
ABOUT HIS PAYCHECK THIS EVIDENCE
TO SHOW THE EMPLOYERS TRUE STATE
OF MIND. MOST LIKELY DOES NOT
EXIST HOWEVER IF THE EMPLOYER
HAD A LEGITIMATE NON RETALIATORY
REASON FOR TERMINATING THIS
WORKER THE EMPLOYER WOULD BE
ABLE TO PRODUCE THIS EVIDENCE
THAT IS WHY IT'S MORE
APPROPRIATE IN THESE CASES FOR
THE BURDEN TO BE ON THE
EMPLOYER. BECAUSE THEY HAVE
ACCESS TO ALL OF THE DOCUMENTS
AND INFORMATION REGARDING THEIR
DECISION TO TAKE AN ADVERSE
ACTION AND IF THE EMPLOYER
PRODUCES EVIDENCE TO SHOW A
LEGITIMATE NON RETALIATORY
REASON FOR THE ADVERSE ACTION.
THE BURDEN SHIFTS BACK TO THE
WORKER AND IT FELL ULTIMATELY
THE WORKERS BURDEN TO PROVE THAT
IT WAS RETALIATION THAT BECAUSE
THE ADVERSE ACTION. NINETY DAY
REBUTTABLE PRESUMPTIONS ARE NOT
OUTLIERS THEY EXISTENCE SEVERAL
OTHER LABOR CODE PROVISIONS
INCLUDING IMMIGRATION REALLY
RELATED RETALIATION LABOR CODE
ONE OH ONE NINE IN THE WAREHOUSE
WORKER BILL. LABOR CODE TWO ONE
OH FIVE SB FOUR NINETY SEVEN IS
IMPORTANT BECAUSE IT WILL
DETERMINE TALLY ASIAN MAKE IT
MORE REALISTIC FOR WORKERS TO
PROVE RETALIATION AND ENSURE
CONSISTENCY IN THE LABOR CODE- I
WILL NOW. IT OVER TO MY- MORAINE
. MAY PROCEED FROM JOB WITH
JUSTICE. GOOD MORNING- MY NAME
IS MARIA I'M HERE WITH JOBS WITH
JUSTICE AND I'LL BE READING THE
TESTIMONY OF ONE OF COALITION-
ONE OF OUR WORKERS LEADERS FOR
COALITION MEMBERS ARE TROUBLE
HOW TO SEND US WORKERS UNITED.
MY NAME IS IN CITY US FOR THE
PAST SEVERAL YEARS I WORKED AT A
SUBWAY. SOME WE SENATE SENATE
SHOP IN SAN FRANCISCO I'M THE
ONLY WORK FOR THERE BUT I DIDN'T
RECEIVE ALL THE TIPS CUSTOMERS
LAUGHED. I WORK TEN HOURS EACH
DAY WITHOUT OVERTIME AND
COULDN'T TAKE ANY BREAKS THERE
ARE NONE I WERE GOOD FRIENDS SO
MUCH THAT SHE WOULD CALL ME HER
SUPERWOMAN UNTIL A FEW NIGHTS
AGO. WHEN I ASKED HER WHY WASN'T
RECEIVING MY FULL TIPS OR PAY.
MY BOSS TOLD ME THAT SHE
COULDN'T PAY ME OVERTIME OR GIVE
ME SICK DAIS SOON AFTER SHE
STARTED TO CHANGE MY WORK HOURS
EVEN THOUGH. SHE KNEW I COULD I
COULD I COULDN'T WORK AT NIGHT
BECAUSE I HAD ANOTHER JOB. THEN
SHE TOLD ME SHE WAS GOING TO
REDUCE MY PAY TO MINIMUM WAGE. I
BECAME VERY WORRIED BECAUSE IT'S
SO EXPENSIVE WHERE I LIVE AND I
WOULD NO LONGER BE ABLE TO
AFFORD MY RENT OR SUPPORT MY
FAMILY BACK IN GUATEMALA. WITH
THE HELP OF JOE HODES UNIOTO'S
WORKERS UNITED I BEGAN TO TALK
WITH COWORKERS FROM OTHER
SUBWAYS OWNED BY THE SAME OWNER
TO SEE IF THEY WERE EXPERIENCING
THE SAME VIOLATIONS OF THEIR
RIGHTS. THE NEXT DAY MY BOSS
FIRED ME. ON THE SPOT SAYING I
HAD NO RIGHT TO SPEAK TO HER
EMPLOYEES. I CONTACTED TO
WOODROW HOTAS UNIONS WORKERS
UNITED AND THE ORGANIZERS HELP
ME FEEL EMPOWERED AND SAFE TO
SPEAK AGAINST MY BOSS. IF WE
DON'T RAISE OUR VOICES AGAINST
THESE INJUSTICES WE ARE ONLY
HELPING OUR BOYS. OUR BOSSES GET
RICH THANKS TO OUR SILENCE. SO
NOW I AM. I AM THE ONE WHO
INFORMS OTHERS ABOUT THEIR
RIGHTS. BUT THE FEAR RETALIATION
ALSO COMES AS MANY PEOPLE TO
STAY SILENT. EVEN THOUGH EVEN
WHEN THEY KNOW THEY'RE BEING
EXPLOITED. WITH THE SUPPORT OF
TWO WILL AND THAT CALIFORNIA
WORKOUT RICH PROJECT. I HAVE
LEARNED SO MUCH ABOUT MY RATES
AT WORK SUCH AS PAID SICK LEAVE
PAID OVERTIME AND BREAKS AND
LUNCH. HOWEVER MY SITUATION WAS
RARE BECAUSE I HAD TO WILL
FIGHTING WITH ME. TO GET MY JOB
BACK. MOST WORKERS FACE DESERT
HOLLY ATION ALONE. IF YOU WANT
PEOPLE TO SPEAK UP OF ABOUT
VIOLATIONS THEY HAVE TO KNOW
THAT THE STATE OF CALIFORNIA HAS
THEIR BACK. THAT'S WHY I'M
ASKING YOU TO ADVANCE SB FOUR
NINE SEVEN FOR STRONG
REPUTATION. PROTECTIONS AGAINST
RETALIATION THANK YOU. THANK YOU
WITNESSES IN SUPPORT. NAME IN
OUR- WITH. GOOD JAMES MICHAEL.
WITHOUT ME CAL. STRONG SUPPORT.
GOOD MORNING TO. FILE LASSEN.
AFRICAN AMERICAN WOMEN'S PUBLIC
POLICY INSTITUTE AND HELPING
EMPOWERED INDIVIDUALS READ
SUCCESS PACK IN STRONG SUPPORT.
MARICA YOSHI HARM TO HAVE EQUAL
RIGHTS ADVOCATES ONE OF THE
PROUD CO SPONSORS OF THE BILL
AND CALIFORNIA EMPLOYMENT
LAWYERS ASSOCIATION IN SUPPORT.
NICK CRUZ CALIFORNIA LABOR
FEDERATION IN SUPPORT. HELLO MY
NAME IS LEARNING THAT AND I AM
MEMBER OF MECHANICS WILL NEED US
TO GET THE BEST AND I AM HERE TO
SUPPORT US. S. B. FOUR NINETY
SEVEN. MY NAME IS LADIES HERE TO
SEE OUR PROMOTED AS AN EFFECTIVE
AUTONOMOUS FROM SUPPORT. FOR
NINE SEVEN. GOOD MORNING
ASSEMBLY MEMBERS MY NAME IS
NICOLE CHRISTIAN WITH SEIU LOCAL
TEN TWENTY ONE. AND WE ARE IN
VERY STRONG SUPPORT OF S. B.
FOUR NINETY SEVEN. GOOD MORNING
ASSEMBLY MEMBERS MY NAME IS TIA
KOONTZ AND I'M HERE TO GIVE ME
TO USE ON BEHALF OF A LISTA
BUCKLE UP. BECAUSE THE CENTRAL
COAST ALLIANCE UNITED FOR A
SUSTAINABLE ECONOMY CPI THE
CENTER ON POLICY INITIATIVES THE
CHINESE PROGRESSIVE ASSOCIATION
IN SAN FRANCISCO THE CLEAN CAR
WASH CAMPAIGN WORKER CENTER.
EBAY'S THE EAST BAY ALLIANCE FOR
SUSTAINABLE ECONOMY JOBS WITH
JUSTICE SF HE WAS CAREER TIME
AGO WORKERS ALLIANCE LEHNER AT
THE L. A. ALLIANCE FOR NEW
ECONOMY. THE ONLY COUNTY
FEDERATION OF LABOR THE NATIONAL
DOMESTIC WORKERS ALLIANCE
CALIFORNIA DOMESTIC WORKER
COALITION THE NATIONAL
EMPLOYMENT LAW PROJECT THE
PARTNERSHIP FOR WORKING FAMILIES
THE WEIGHT CHEP COALITION OF
SANTA CLARA COUNTY AS WE'VE
ALREADY HEARD FROM LOVELY REYES-
SO CAL KASH THE COALITION FOR
OCCUPATIONAL SAFETY AND HEALTH.
SEIU CALIFORNIA AND UFCW UNITED
FOR RESPECT AS WELL AS OF COURSE
THE UCLA LABOR CENTER THANK YOU
. BRIAN JUST THE ON BEHALF OF
THESE A LABOR CENTER IN STRONG
SUPPORT. GOOD MORNING KRISTIN RT
S. CI USED TEN TO ONE I'M IN
SUPPORT OF S. B. FOR THAT. FOUR
NINE SEVEN. SORRY I ALMOST
FORGOT LOS ANGELES COUNTY
DEMOCRATIC PARTY IS ALSO IN
STRONG SUPPORT. ALL RIGHT YOU
MONEY JOBS WITH JUSTICE SAN
FRANCISCO IN SUPPORT THANK YOU.
ASCENA FOR THE WITNESSES AND
SUPPORT WITNESSES IN OPPOSITION
. MR CHAIRMAN MEMBERS COURTNEY
JENSEN ON BEHALF OF CALIFORNIA
CHAMBER OF COMMERCE AND WE DO
NOT CONDONE THE EVENTS LIKE THE
ONES YOU'VE HEARD TODAY AND WE
ABSOLUTELY I FIND THAT BEHAVIOR
UNACCEPTABLE. I TEMPORAL
PROXIMITY IS ALREADY SOMETHING
TAKEN INTO ACCOUNT BY COURTS
TODAY IF YOU HAD A SITUATION
WHERE A COMPLAINT WAS MADE AND
THE PERSON WAS TERMINATED THE
NEXT DAY- I THINK YOU'D FIND IT
VERY HARD PRESSED TO FIND A
CALIFORNIA STATE COURT THAT
WOULD DENY THAT THE PLAINTIFF
HAD SETTLED THEIR BURDEN. OUR
CONCERN IS THAT WHEN YOU START
TO GET OUT SIXTY NINETY DAYS
THAT'S WHEN JUDGES TEND TO LOOK
AT OTHER CIRCUMSTANCES TOTALITY
OF THE CIRCUMSTANCES WAS THERE
AN INTERVENING EVENT WHAT WAS
THE PATTERN OF CONDUCT WAS THE
SOMETHING THAT HAPPENED TO OTHER
WORKERS WHO DID NOT FILE A
COMPLAINT. SO REALLY COURTS
TODAY ARE ALREADY TAKING THIS
INTO ACCOUNT ACCOUNT AND OUR
CONCERN IS THAT THESE
PRESUMPTIONS ARE STARTING TO BE
INSERTED INTO EVERY BILL. THERE
WAS A BILL LAST YEAR FOR EXAMPLE
THAT IF ANY DISCIPLINARY ACTION
TOOK PLACE WITHIN ENTIRE UNION
CAMPAIGN WHICH COULD BE MONTHS
ON END UP TO A YEAR OR YOU KNOW
EVEN MORE I THAT COULD WOULD BE
RETALIATION SO WE HAVE A CONCERN
ABOUT THE PRECEDENT THAT THIS
BILL WOULD SET. THANK YOU THANK
YOU ANY OTHER WITNESSES IN
OPPOSITION. YEAH GOOD MORNING-
MISTER MEMBERS OF THE COMMITTEE
MATTHEW ALL OF WESTERN GROWERS
ALSO OPPOSED THANK YOU. GOOD
MORNING THE TICKETS ON ALICIA
YODER ENTRIES MALLS ARE LAYING
ON BEHALF OF PUBLIC RISK
INNOVATION SOLUTIONS IN
MANAGEMENT AND RESPECTFUL
OPPOSITION. MICHAEL MILLER WITH
COPPER CESSATION OF WIND REPORTS
RESPECTFULLY OPPOSED TO THE- OB-
THE CIRCUMSTANCE OF THE BILL OR
SOME PREDICTABLE OUR COULD BE
APPLIED THANK YOU. THANK YOU
SEEN- FOR THE WITNESSES IN
OPPOSITION. ANY QUESTIONS OR
COMMENTS FROM MISTER KALRA.
THANK YOU MISTER CHAIR LIKE TO
MOVE THE BILL. THANK YOU WE HAVE
A MOTION FOR MISTER CAR
SACRAMENTO ANY AS WANT TO THANK
THE SENATOR. FOR CONTINUE TO
WORK ON ISSUES REGARDING
EMPOWERING OUR WORKERS AND
MISSILE RETURNABLE BECAUSE MANY
FOR MANY MANY YEARS- IN IN
STRENGTHENING- MORE WORKERS
RIGHTS I THINK IN THIS CASE-
ALTHOUGH JUDGES CAN STILL LOOK.
THEY STILL CAN LOOK AT ALL THE
OTHER CIRCUMSTANCES BUT
MEMORABLE PRESUMPTION IS
CRITICAL ESPECIALLY WHEN YOU
THINK OF THE POWER IMBALANCE OF
WORKERS- IN IN IN THEIR
WORKPLACE ENVIRONMENT SO-
APPRECIATE THE BILL. THANK YOU.
I MISS. IF YOU ARE AN ECHO THAT
INTO THE SENATOR. FOR YOU
LEADERSHIP AND ALL THE I KNOW
THERE ARE MANY ORGANIZATIONS
INCLUDING FROM. SAN FRANCISCO I
WANT TO THANK THEM FOR COMING
AYE- AGREE WITH MY OF MY
COLLEAGUE HERE THAT. BUDGET THE
POWER IMBALANCE THAT CAN EXIST
TO SPEAK OUT ON RIGHTS. AND
PROTECTIONS THAT WE HAVE
AFFORDED WORKERS- AND CAN MAKE
IT SO THAT THEY'RE NOT WORTH THE
PAPER THEY'RE WRITTEN ON SO WE
NEED TO MAKE SURE THAT. THEY
KNOW THAT THEY HAVE THESE
PROTECTIONS AND I THINK THE
REBUTTABLE PRESUMPTION IN THIS
IN THIS SCENARIO DOES. MAKE
SENSE IT DOES ALLOW AS AS- THE-
ASSEMBLY MEMBER SET. UP FOR IF
THERE IS MORE CIRCUMSTANCES AND
INFORMATION AND HE'S A COME
FORWARD FOR WORKERS SHOULD KNOW
THAT THEY HAVE THAT PRESUMPTION
AND IN THE PROTECTION TO ALLOW
THEM TO ASSERT THEIR RIGHTS SO.
I'M VERY HAPPY TO SUPPORT THE
BILL TODAY. REMOTE SIR- CENTER
MIKLOS WHAT ARE ONE OF- THE
SIMPLE MEMBERS FOR THEIR
COMMENTS AND CERTAINLY ALL OF
THE WITNESSES WHO SPOKE TODAY.
I'M I THINK THE WORDS OF THE
WORKER WHO WHOSE TESTIMONY WAS
READ. CALIFORNIA HAS TO HAVE THE
BACKS OF THESE WORKERS- THESE
ARE THE MOST VULNERABLE MANY OF
THEM WOMEN OF COLOR- WHERE TOO
OFTEN WORKERS NEED TO WIN THREE
JOBS TO. MAKE ENDS MEET IN A
PLACE LIKE MY DISTRICT IN L. A.
COUNTY- IF WE DON'T HAVE THOSE
WORKERS BACKS THEN- THEY WILL
NOT HAVE THE LIFELINE THAT THEY
NEED. TO SUSTAIN THEMSELVES AND
THEIR FAMILIES- AND WE WANT A
LEVEL PLAYING FIELD- AND WE
THINK THAT THIS IS A WAIT AND
SHORE- THAT ALL WORKERS AND
BUSINESSES HAVE THAT- AND SO
WITH THAT I ASK FOR YOUR I.
BOATS. OKAY WE HAVE A PROMOTION
A SECOND MOTIONS TO PASS TO
LABOR AND EMPLOYMENT ASK CLERK
PLEASE CALL THE ROLL MAIENSCHEIN
I MEAN TRÊN I S. ELLIE NO.
CEILING NO CONNELLY. SIX DIXON
NO HAN. HANEY I KALRA. KALRA I
PROJECT. HAPPEN HAPPEN I REYES
RIVAS. YOUR BILL IS ON CALL
THANK YOU VERY MUCH AND WHY.
SHOULD THAT WILL ITSELF. AND ASK
FROM. ON ITEM NUMBER ONE. MOTION
FROM KALRA THANK SECOND HANEY
ACEKARD PLEASE THEM- IS PASS A
PROBES ASACOL TO PLEASE CALL THE
ROLL MAIENSCHEIN HI MAJOR I IS
LEE. S. NO CON. DIXON DIXON NO
HANEY. HANEY I KALRA RIGHT KALRA
IP CZECHO. HAPPEN HAPPEN I REYES
RIVER. THAT BILL IS ALSO A CALL
YOU VERY MUCH YOU- IS ITEM
NUMBER TWO ASK TWENTY GARAGE AS
SHE IS WALKED UP AND ASK FROM A
ON THE CAN. TO MOTION MISTER CAR
SECOND FOR MISS PAP AND THEY CAN
AT AND- SB SEVENTY FIVE AS
BEFORE FORTIES. S. SB SOME FIVE
RAW S. B. FORTY SIX WELL GUESS
BEFORE FIFTY NINE RUBIO SB FIVE
SEVENTY EIGHT ASHBY. AND SB FIVE
NINETY NINE CABALLERO- ASK THE
COURT TO PLEASE CALL THE ROLL
MAIENSCHEIN HI MAIENSCHEIN I.
ESSIE LEE. SALIH I CO. DIXON
DIXON I. HANEY I. KALRA AYE
PICTURE OUT HAPPEN. HAPPEN I.
RIVAS IT'S OUT THEY YOU AT
CENTER DRIVE IT WELCOME THANK
YOU MAY CHAIR AND MEMBERS. AND
THANK YOU TO THE COULD STAFF
YOUR THOUGHTFUL ANALYSIS. SB
TWENTY SEVEN AND ABILITY FOR
AND- TO RECOVER THEIR EARNED BUT
ON WAGE. THE UNIVERSE OF
CALIFORNIA ESTABLISHED AN EQUAL
PAY FOR EQUAL WORK POLICY WHICH
REQUIRES VENDOR COMPANIES TO PAY
THEIR COMPANY EMPLOYEES THE
WAGES AND BENEFITS EQUAL TO WHAT
YOU SEE PAYS THE SERVICE WORKERS
THAT IT EMPLOYS. THE UC HAS
APPROXIMATELY FIVE HUNDRED
SERVICE CONTRACTS TO ADDRESS
THIS PROBLEM THE BILL REQUIRES
VENDORS TO SUPPLY YOU SEE AND
THE APPROPRIATE JOINT LABOR
MANAGEMENT COMPANY. THE BASIC
PAYROLL INFORMATION NECESSARY
AND ANY AUDIT OUTCOMES TO KNOW
IF A VENDOR IS IN FACT ABIDING
BY UC POLICY THIS BILL ALSO
REQUIRES A VENDOR TO SUPPLY A
WRITTEN NOTICE TO THEIR
EMPLOYEES. ABOUT THE RELEVANT
COMPENSATION RATES THIS BILL
WOULD ALLOW A CONTRACTING VENDOR
COMPANY AN OPPORTUNITY TO
CORRECT AND CURE ANY
DISCREPANCIES BEFORE FACING
FURTHER CONSEQUENCE. IF THE
EMPLOYER REFUSES TO COMPLY WITH
THE UC EQUAL PAY FOR EQUAL WORK
POLICY OR CORRECTING CURE
EMPLOYEES WOULD THEN HAVE THE
RIGHT TO PURSUE RECOVERY OF
THEIR EARNED BUT UNPAID WAGES
FROM THE CONTRACTING VENDOR IN
COURT. THE BILL ADVANCES THE
STRIDES UC CONTINUES TO MAKE
TOWARDS THIRD PARTY VENDOR
COMPLIANCE AND IT WILL NOT
INTERFERE WITH THE UC'S HIRING
ABILITY. THIS BILL HAS PASSED
THROUGH TWO SENATE COMMITTEES
AND I ACCEPTED SIXTEEN
AMENDMENTS THAT YOU SEE
REQUESTED. THIS BILL SIMPLY
ALLOWS A UC WORKER TO STAND UP
FOR OUR VENDORS CO WORKER WHOSE
PRIVATE EMPLOYER OWES THEM MONEY
UNDER UC POLICY. THESE EMPLOYEES
. DO NOT HAVE THE SAME LEVEL OF
JOBS TO. AND THEREFORE VERY BOLD
TO INTIMIDATE. THE ONLY MONEY WE
ARE TALKING ABOUT IS WITH A
CONTRACT WORKER IS OWED AND
THEIR EMPLOYER WAS GIVEN THE
CHANCE TO PAY. YOU SEE CAN'T GET
SUED UNDER S. B. TWENTY SEVEN
YOU SEE WON'T BE LIABLE FOR
UNDER UNPAID WAGES UNDER THIS
BILL AND YOU SEE WILL CONTINUE
OUTSOURCING UNDER S. B. TWENTY
SEVEN. FINALLY UC'S OWN SUMMARY
OF ITS OWN AUDIT CONCLUDED THAT
OVER ONE THOUSAND CALIFORNIANS
HAVE NOT BEEN PAID WHAT THEY
EARNED SB TWENTY SEVEN WILL
PROTECT CONTRACT WORKERS FROM
INTIMIDATION AND GIVE THEM OAK
RECOURSE TO RECOVER THE WAGES
THEY WON'T HAVE WITHOUT THIS
BILL. MY WITNESS TODAY MISTER
CHAIR IS MONICA THE LEÓN WITH
ASKED ME THIRTY TWO NINETY NINE
THANK YOU WELCOME. GOOD MORNING
ASSEMBLY GOOD MORNING CHAIR MY
NAME IS MONICA ALONE ON THE
STATE MIGHT TRY FOR AB THIRTY
NINETEEN. AND A SEVENTEEN
EMPLOYEE OF THE UNIVERSITY OF
CALIFORNIA AT THE UCI MEDICAL
CENTER IN SUPPORT OF SB TWENTY
SEVEN. I'M HERE ON BEHALF OF
SERVICE WORKERS CLEANING TOILETS
CUTTING GRASS PICKING UP TRASH
COOKING FOOD AND CLEANING
HOSPITAL BED PANS HELPING TO
MAKE YOU SEE ONE OF OUR GREATEST
PUBLIC INSTITUTIONS RUN AND
SUCCEED. I AM ADVOCATING FOR
WORKERS WHO HAVE NO PROTECTION
IF THEY WERE TO SPEAK OUT TODAY
IN FEAR OF RETALIATION. THESE
COLLEAGUES WORK ALONGSIDE US AT
UC WHO WORK FOR THIRD PARTY
VENDORS AND COMPANIES DOING
BUSINESS WITH THE UNIVERSITY.
THOSE WORKERS NEED THE RECOVERY
OF EARNED BUT UNPAID WAGES ACT
BECAUSE THEY NEED THEIR MONEY
AND WE CAN HELP THEM GET IT. YOU
SEE HOW THE POLICY TITLED EQUAL
PAY FOR EQUAL WORK. THAT MEANS
FOR SERVICE WORK BEING PERFORMED
AT THE UNIVERSITY OF CALIFORNIA
BY OUTSIDE VENDORS TOLD WORKERS
SHOULD GET THE SAME PAY AND
BENEFITS THE UC EMPLOYEES LIKE
ME RECEIVE. RECENTLY THE
UNIVERSITY CONCLUDED AN AUDIT TO
DETERMINE TO WHAT EXTENT IS
VENDORS ARE A HEARING TO THE
POLICY. YOU SEE CONTRACTS WITH
NEARLY FIVE HUNDRED VENDOR
COMPANIES. THE AUDIT IT JUST
FIFTY NINE OF THEM IN STILL UC
FOUND OVER ONE THOUSAND VENDOR
EMPLOYEES WHO HAVE NOT BEEN PAID
THE MONEY THEY ARE. THEY ARE OLD
FOR WORK ALREADY PERFORMED IN
TWENTY TWENTY AND TWENTY TWENTY
ONE. BUT NOTHING IN THE UC
POLICY OR ANY AUDIT PROVIDES A
WAY FOR WORKERS TO RECOVER THEIR
EARNED BUT UNPAID WAGES. THIS
BILL FIXES THAT PROBLEM. IN
HUMAN TERMS SB TWENTY SEVEN
MEANS BEING ABLE TO GET THEIR
CHILD A BACKPACK FOR SCHOOL.
PUTTING GAS IN HER CAR PAYING
FOR THE UTILITY BILLS OR RENT.
THE BILL IS FAIR FOR BOTH THE
WORKERS AND THEIR EMPLOYERS.
BEFORE A WORKER CAN PURSUE
RECOVERY OF UNPAID WAGES AND
BENEFITS THEIR EMPLOYER WILL
HAVE AN OPPORTUNITY TO CURE AND
CORRECT THE SHORTFALL WE ASK FOR
YOUR CONSIDERATION THANK YOU
THANK YOU ANY OTHER WITNESSES IN
SUPPORT. GOOD MORNING JAMES
MICHAEL POWELL WITH ASKED ME
CALIFORNIA'S STRONG SUPPORT.
GOOD MORNING CATHY MANZINI ON
BEHALF OF THE CALIFORNIA SCHOOL
EMPLOYEES ASSOCIATION AND
SUPPORT. GOOD MORNING NICK CRUZ
CALIFORNIA LABOR FEDERATION IN
SUPPORT SEEN NO FURTHER
WITNESSES AND SUPPORT WITNESSES
AND OPPOSITION.
GOOD MORNING MR CHAIRMAN BERS
MICHAEL DIED HERE ON BEHALF OF
THE UNIVERSITY OF CALIFORNIA.
PRECEDE THE- AND THEN AS THE
AUTHOR HAS TAKEN ON A LOT OF
AREAS BUT- WE REMAIN OPPOSED
UNLESS AMENDED SINCE ONE OF OUR-
TOP ISSUES REMAINS UNADDRESSED.
TO BE CLEAR WE FULLY SUPPORT
WAGE BENEFIT PARITY IT'S AN
REGION'S POLICY AND IN THE
BARGAINING AGREEMENT WITH ASK
ME- AND ARE NEUTRAL AUDIT OF OUR
VENDORS AS THE AUTHOR MENTIONED
WAS COMPLETED AND ALL OF THOSE
EMPLOYEES I'M TOLD HAVE ALREADY
RECEIVED THEIR- CHECKS HAVE ALL
BEEN. PUT THROUGH REMEDIATION SO
WE'RE WORKING IN GOOD FAITH TO
ENFORCE WHICH BENEFIT PARITY WE
ALREADY HAVE THE TOOLS NECESSARY
TO COLLECT AND VERIFY PAYROLL
AND TO ENSURE REMEDIATION FOR
ANY NON COMPLIANCE. BUT AS
DRAFTED SB TWENTY SEVEN WOULD
ALLOW. YOU SEE EMPLOYEES TO SUE
A VENDOR EVEN THOUGH THEY'VE
SUFFERED NO UNDERPAYMENT
THEMSELVES WERE OPPOSED TO
ALLOWING YOU SEE EMPLOYEES TO
SEE VENDORS- SINCE THE
APPROPRIATE VENUE FOR UC'S
REPRESENTED STAFF IS TO RAISE
CONCERNS ABOUT THEIR CBA THROUGH
PER NOT THE CIVIL COURTS. ARE
FOR THIS REASON WE REQUEST YOUR
NO VOTE ON SB TWENTY SEVEN
UNLESS IT'S AMENDED TO ALLOW
ONLY THE UNDER PLAY UNDERPAID
EMPLOYEES- TO FILE LITIGATION
AND NOT UC EMPLOYEES THANKS
THANK YOU. HERE WITNESSES IN
OPPOSITION. SEEN THE MOST FOR
MISTER KALRA. SECOND FOR MISTER
HANEY MR CHECKUPS. THANK YOU
ARE. THANK YOU TO THE AUTHOR OF
FOR BRINGING THIS BILL FORWARD I
JUST HAD A QUESTION AS TO-
RESPECT WITH- WHAT THE OPPOSITE.
OPPOSITION MENTIONED- IS THERE
ANY ANY INCLINATION TO TAKE UP
ANY OF THE AMENDMENTS THAT THEY
HAVE OFFERED OR ANY
CONVERSATIONS WITH THEM. SO
THAT- MAYBE POSSIBLE AMENDMENTS
CAN BE TAKEN. WE'VE HAD MANY
MANY COMMA ALL CONVERSATIONS
WE'VE HAD SIXTEEN AMENDMENTS
THAT THEY HAVE PROPOSED. SO IT'S
NOT FOR LACK OF HAVING
CONVERSATIONS OR HAVING
CONVERSATIONS- WE BELIEVE
AGGRIEVED- THE EMPLOYEES OF THE
VENDOR. DO NOT HAVE THE SAME
RIGHTS. AS THOSE WHO ARE COVERED
BY COLLECTIVE BARGAINING
AGREEMENT AND THEY WORK SIDE BY
SIDE. BUT THE PEOPLE WHO REALLY
ARE HURT WHEN THEY DON'T GET
PAID THEY JUST ARE INTIMIDATED
THEY ARE AFRAID TO SPEAK UP SO
IT'S REALLY IMPORTANT FOR AN
EMPLOYEE THAT WORKS SIDE BY SIDE
WITH THEM. AND DOES HAVE THE
ABILITY AND THE RIGHT TO SPEAK
OUT THAT THEY CAN DO THIS ON
THEIR BEHALF BECAUSE FRANKLY THE
ENTIRE WORK FORCE IS IMPACTED.
WHEN YOU HAVE SOME WITH SOME
WAGES AND OTHERS ARE NOT AND THE
FEAR THAT THAT THEY'RE ALL
FACING SO THAT TO US DOES MEAN
THAT THEY ARE AGGRIEVED EMPLOYEE
. OKAY WE HAVE A MOTION AND A
SECOND THE MOTION IS TO PASS A
LABOR AND EMPLOYMENT- YOU MAY
CLOSE. I APPRECIATE THE ALL OF
YOUR ATTENTION AND I WAS
RELIABLE THANK YOU- WITH MOTION
SECOND AS A COURT PLEASE CALL
THE ROLL MAIENSCHEIN I MEAN CHEN
AYE AND SALIH. SALIH NO. FIX NO
DIXON NO HEY ARE HANEY I CALL.
CO I THE CZECHO ABILITY. OPEN I.
HAPPEN I REYES. YOUR BILL IS ON
. THANK YOU SIR THANK YOU
MEMBERS SO CORTES HE THANK YOU
FOR YOUR- AND APPRECIATE YOU
BEING HERE. AND I'D.
WELCOME IN A MORE IS MORNING AS
CHAIRMAN MEMBERS. TO I'M HERE TO
PROVE SB SIX FORTY SIX A BILL
THAT SEEKS TO HOLD SOCIAL MEDIA
COMPANIES LIABLE FOR
DISTRIBUTING. CHILD SEX ABUSE
MATERIAL OR C. SOME. VICTIM
ADVOCATES USE OF FEDERAL STATUTE
MARSHALL'S LAW TO SEEK
RESTITUTION OF ALL PLATFORMS
ACCOUNTABLE FOR THE CULPABILITY
THROUGH THAT'S TOUCHY VICTIMS
ARE ABLE TO SUE THEIR ABUSERS
AND THEIR ENABLERS IN FEDERAL
COURT. THIS BILL SEEKS TO
PROVIDE VICTIMS THE SAME
STANDING IN STATE COURT ANY
PERSON OR ENTITY WHO TRANSMIT C.
SAM IS LIABLE TO BE SUED FOR
DAMAGES UNDER SB SIX FORTY SIX
IN STATE COURT. SB SIX FORTY SIX
ALSO REQUIRES A POP FORMS
LISTING AGENT WHO RESPONSIBLE UP
FOR NOTICE PERSONALLY REQUESTS
TO REMOVE CONTENT IF THE
PLATFORM DOES NOT ACT WITHIN TWO
BUSINESS DAYS- LIABILITY WON'T
KERR. ALONG WITH CIVIL REMEDIES
CRUCIALLY SEES X. FROM THE
IMMUNE PROVIDED BY SECTION TWO
THIRTY OF THE FEDERAL
COMMUNICATIONS AND DECENCY ACT
MOREOVER THE SUPREME COURT IS
CONSISTENTLY ALLOWED MORE LEEWAY
TO THE GOVERNMENT WHEN REVIEWING
FIRST AMENDMENT QUESTIONS
PERTAIN TO SEE SAM. ANY JOINT
EFFECTIVE FREE SPEECH IS VASTLY
OUTWEIGHED BY THE IRREPARABLE
HARM CAUSED BY THE MOST
VULNERABLE AMONG US. SEXUALLY
EXPLOITED CHILDREN OR RE
VICTIMIZED EVERY TIME A PREDATOR
WATCH TO SEE SAM CONTENT.
TRAGICALLY THAT ABUSE LEADS TO
HORRIBLE MENTAL HEALTH PROBLEMS.
SUCH AS ANXIETY DEPRESSION
SUBSTANCE ABUSE AND AS WE ALL
KNOW SUICIDAL IDEATION. THE
VICTIM MAY ALSO EXPERIENCE
NEGATIVE PHYSICAL HEALTH
OUTCOMES SUCH AS HIGH BLOOD
PRESSURE AND CHRONIC ILLNESS. OF
MY OWN IN DISTRICT EXPERIENCE.
WITH THIS- CIRCUMSTANCE WAS
SEVERAL YEARS AGO AS LOCAL
AFFECTED OF A LOCAL ELECTED
OFFICIAL- TRYING TO DEAL WITH
THE FAMILY TRAUMA INCURRED. WHEN
A YOUNG WOMAN NAME AUDREY POT
FIFTEEN YEARS OLD. OF HAD IMAGES
OF HERSELF BEING EXPLOITED BY
TWO MALES UP PUT UP- ONLINE-
AND- SEVERAL DAYS LATER. SHE
COMMITTED SUICIDE IN TALKING TO
HER FAMILY. IT WHICH I'VE DONE
SEVERAL TIMES- THERE. MAIN
CONCERN UP BEYOND THE TRAGEDY
ITSELF WAS THE FACT THAT THEY
COULD NOT GET THE CONTENT TAKEN
DOWN THEIR DAUGHTER WAS ASKING
THEM OVER AND OVER AGAIN. PLEASE
HELP GET THE CONTENT TAKEN DOWN-
OBVIOUSLY NOT IN THOSE EXACT
WORDS- BUT- BUT WE DON'T HAVE A
WAY TO DO THAT- BY WAY OF THE
STATE COURT SYSTEM OF THIS BILL.
ATTEMPTS TO CREATE A PATH FOR
THAT- VICTIMS HAVE ALSO
TESTIFIED THAT THE WORST PART OF
THE REVITALIZATION PROCESS IS
KNOWING THAT THE CONTENT MAY BE
USED TO NORMALIZE THE ABUSE AND
GROOM FUTURE VICTIMS- I WOULD
SUBMIT THAT THAT'S BEEN
OCCURRING NOW FOR A LONG LONG
TIME. A JOINT ME TODAY IS A
WITNESS- IS MICHAEL STARR
LIBERTY OF THE SOARING CENTER
AND LET ME JUST ADD BEFORE-
SHE'S CALLED UPON MISTER CHAIR I
WANT TO THANK YOU. VERY MUCH OF
FOR DISCUSSING THE BILL- WITH ME
DIRECTLY BUT ALSO- WITH THE VERY
VERY SIGNIFICANT WORK- THAT YOUR
COMMITTEE STAFF HAS DONE- I KNOW
THAT INVOLVED NUMEROUS
CONVERSATIONS WITH MY STAFF- WE
CAN WE CAN ALL SEE JUST BY
LOOKING AT THE ANALYSIS. OF THE
DEPTH AND BREADTH OF- OF EFFORT
THAT WAS PUT IN- TO TRY TO-
ESSENTIALLY FLESH OUT THE- THE
VARIOUS ISSUES- AROUND SECTION
TWO THIRTY OF FIRST AMENDMENT-
IN THE IN THE CONCERNS THAT WERE
BRINGING FORWARD AS WELL AND I
AM SURE EVERYONE ON THE
COMMITTEE HAS BENEFITED FROM
THAT ANALYSIS- IT'S A TOUGH
ISSUES TO DEAL WITH- MANY OF US
HAVE BEEN WORKING ON. THESE
ISSUES- FOR SEVERAL YEARS I'M
TRYING TO A TO FIND A PATH. TO
SOME REMEDIES HERE SO AGAIN
THANK YOU AND- I WILL TURN IT
BACK OVER TO MR THANK YOU VERY
MUCH- AND JUST TO CONFIRM TO YOU
ARE ACCEPTING THE MINUTES YES. I
AM ACCEPTING THANK YOU FIRST
WITNESS. WELCOME THANK YOU GOOD
MORNING MY NAME IS MIKE A STAR
LIBERTY AND I HAVE BEEN
REPRESENTING VICTIMS OF SEXUAL
ABUSE. SEX HARASSMENT AND HUMAN
SEX TRAFFICKING FOR TWENTY THREE
YEARS. SB SIX FOUR SIX PROVIDES
A MUCH NEEDED CIVIL PRIVATE
RIGHT OF ACTION. TO HAVE
ACCOUNTABILITY FOR ALL OF THE
VICTIMS WHO SUFFER THE HORRORS
OF HAVING THEIR C. SAM MATERIAL
DISSEMINATED WIDELY ON SOCIAL
MEDIA. AND HERE'S WHY LAW
ENFORCEMENT OVERWHELMED WHEN I
STARTED DOING THIS WORK I WAS
TOLD BY FBI AGENTS. WHEN A
VICTIM IS OVER THE AGE OF TWELVE
WE JUST DON'T HAVE THE RESOURCES
TO DO ANYTHING ABOUT IT WE CAN'T
INVESTIGATE. AND WE'RE CERTAINLY
NOT GOING TO WRECK END PROCESS.
IT THEN WENT THE AGE TEN. IT'S
NOW AT THE AGE OF SEVEN. AND
WHAT I'M HEARING IS YES IT'S AN
UNWRITTEN RULE WE'RE NOT GOING
TO INVESTIGATE ANY VICTIMS UNDER
THE AGE OF SEVEN BUT REALLY WE
ONLY HAVE TIME TO FOCUS ON.
TODDLERS AND YOUNGER. THIS IS
HORRIFICALLY PAINFUL AND
DIFFICULT AND LIFE LONG TRAUMA
INDUCING AND- I'M- SO WHAT I
WANT TO FOCUS ON RATHER THAN THE
STATISTICS BECAUSE WE CAN ALL
READ THEM AND I'VE LIVED THEM
WITH MY CLIENTS FOR THE PAST
TWENTY THREE YEARS I WANT TO
FOCUS ON. THE LEGAL ARGUMENTS IN
THE TECHNICAL ARGUMENTS THAT OUR
OPPONENTS REYES SO WE CAN HAVE A
CONVERSATION ABOUT THEM AND
DISMISS THEM FIRST AND FOREMOST
I HAVE HEARD TIME AND TIME AGAIN
THAT. ARE AN IMMEDIATE TAKEDOWN
PROVISION IS UNWORKABLE EVEN TRY
TWENTY FOUR FORTY EIGHT HOURS
THOSE TIME FRAMES RUN WORKABLE
BEFORE ILAN MUSK BOUGHT TWITTER
TWITTER SELF REPORTED THAT IT
WAS ABLE TO TAKE DOWN THESE
IMAGES WITHIN FORTY EIGHT HOURS.
THEY CAN DO IT. AND IT'S EASY
FOR THEM TO DO IT MORE OVER AND
THEY CAN BUILD ALGORITHMS WHERE
THE I NEED YOU TO WRAP UP SURE.
I'M THE FIRST AMENDMENT PROVIDES
NO PROTECTION FOR THESE TYPES OF
CRIMES. THE PLAIN LANGUAGE OF
SECTION TWO THIRTY INDICATES
THAT IT IS THERE TO PROTECT
CHILDREN AGAINST TRAFFICKING ALL
WE NEED TO DO IS READ THE
SUPREME COURT PRECEDENT. AND
SECTION TWO THIRTY THANK YOU
THANK YOU ANY OTHER WITNESSES IN
SUPPORT. C. NINE WITNESSES IN
OPPOSITION.
YOU MAY PROCEED. THANK YOU
MISTER CHAIR NUMBERS WE ANY TALK
IT WOULD TAKE THAT AND WE ARE
RESPECTFULLY OPPOSED TO SB SIX
FOUR SIX. WE FULLY SUPPORT THE
AUTHORS GOAL WITH THIS BILL TO
RADIC HE SEES THEM IN ONLINE SEX
TRAFFICKING THE PRESENCE OF THIS
CONTENT ANYWHERE IS TERRIBLE AND
TRAGIC OUR PLATFORMS TAKE
AGGRESSIVE ACTION TO COMBAT
THESE TYPES OF HARMFUL CONTENT.
THE BILL'S APPROACHABLE
UNFORTUNATELY IMPEDE THIS WORK
RUNS AFOUL OF CONSTITUTIONAL
PRINCIPLES AND IS PREEMPTED BY
FEDERAL LAW FIRST WE BELIEVE
THAT REQUIRING THE WINDOW TO
REMOVE DESTROY RETURN ACTIONABLE
MATERIAL WOULD HAVE UNINTENDED
CONSEQUENCES OUR PLATFORMS WORK
CONSTANTLY TO REMOVE ACTIONABLE
MATERIAL BEFORE ANY USER EVEN
SEES IT OR REPORTS IT. THEY WORK
IN GOOD FAITH TO REVIEW THE EVER
CHANGING VOLUME OF VARIOUS TYPES
OF REPORTED CONTENT THAT
INCLUDES ACTIONABLE MATERIAL. WE
AGREE THAT C. SAM IS NOT
PROTECTED BY THE FIRST AMENDMENT
BUT BASS WITH THE THREAT OF
LIABILITY REQUIRING THIS TAKE
DOWN WINDOW FOR REPORTED CONTENT
WILL LEAD PLATFORMS OVER CORRECT
RESULTING IN AN OVER REMOVAL OF
CONTENT SWEEPING AND SILENCING
LAWFUL SPEECH. THAT COULD
INCLUDE FIRST AMENDMENT
PROTECTED CONTENT THINGS LIKE
TEAMS UP THINGS LIKE TEENS
POSTING ABOUT GENDER IDENTITY OR
SEXUAL ORIENTATION WHICH WILL
LIKELY BE TARGETS OF THE C. SAM
REPORTS. AS WELL AS OTHER FALSE
REPORTING BY BAD ACTORS WHOSE
AIM IT IS TO SEE ANY LAWFUL
CONTENT THAT THEY PERSONALLY
DISLIKE TO BE TAKEN DOWN. WE
ALSO BELIEVE THAT THIS BILL IS
PREEMPTED BY SECTION TWO THIRTY
SINCE IT DOES NOT FIT WITHIN THE
NARROW EXCEPTION CREATED BY
SESTA FOSTA. THE SCOPE OF SESTA
FOSTA IS LIMITED TO PLATFORMS
KNOWINGLY BENEFITING HAVING
ACTUAL KNOWLEDGE OF THE
TRAFFICKING AND MUST ASSIST
SUPPORT OR FACILITATE THAT
TRAFFICKING THIS BILL
SIGNIFICANTLY SIGNIFICANTLY GOES
BEYOND THAT SCOPE. AGAIN WE
APPRECIATE AND FULLY SUPPORT THE
INTENT OF THIS BILL BUT FOR
THESE REASONS WE MUST
RESPECTFULLY OPPOSE SB SIX FOUR
SIX THANK YOU ANY OTHER
WITNESSES IN OPPOSITION. GOOD
MORNING RUN AVAILABLE WITH THE
CALIFORNIA CHAMBER OF COMMERCE
FOR THE REASONS STATED BY
TECHNICAL ALSO OPPOSE THANK YOU
. COURTNEY JENSEN ON BEHALF OF
C. JACK ALSO IN OPPOSITION THANK
YOU SEE NO FURTHER WITNESSES
OPPOSITION TO EMOTION. THE
MOTION FOR MISTER HANEY. SECOND
SECOND FOR MISTER SAILING. MR
SALIH. GOOD MORNING SENATOR- I
TEND TO SUPPORT THIS BILL TODAY
BUT I ALSO I HAVE SOME
QUESTIONS- ABOUT HOW WHO MAKES
THE DETERMINATION- WHO'S
RESPONSIBLE FOR MAKING THE
DETERMINATION WHAT IS OR ISN'T-
C. SAM I KNOW OBVIOUSLY THE
EXAMPLES GIVEN ARE. CLEAR RIGHT
I MEAN IF. THEY'RE MINORS OF
TODDLERS OR- IF THE VICTIM THERE
SELF IS REPORTING IT. BUT WHEN
IT'S NOT CLEAR THAT IT IS C. SAM
OR NOT I MEAN. DOES THE AND IF
SOMEONE REPORTS AN IMAGE DOES
THE PLATFORM HAVE TO
AUTOMATICALLY. ASSUME IT'S
DECEMBER THEY HAVE FORTY EIGHT
HOURS TO MAKE THAT DETERMINATION
I'M JUST CONCERNED ABOUT HOW.
WHAT DO YOU ENVISION THAT
PROCESS LOOKING LIKE- IT WAS SO
IN IN TO BE CLEAR OF COURSE WORD
WE'RE DEALING WITH. MINORS SO IF
A MINOR'S. PARENT OR GUARDIAN
GUARDIAN ESSENTIALLY- HE PUT-
PUTS THE AGENT- OF- PUTS THE
AGENT THAT'S IDENTIFIED- ON
NOTICE. THAT THERE IS A AN IMAGE
THAT MEETS THE DESCRIPTION HERE
IN THE BILL. WHICH IS PRETTY
PRETTY CLEAR PRETTY EXPLICIT IN
TERMS OF WHAT IS CONSIDERED-
UNIDENTIFIABLE IMAGE UNDER THIS
BILL AN IMAGE OF AN INTIMATE
BODY PART. MMHM BUT PROBABLY NOT
HARD TO CONFUSE WITH THAT IS A
PARTS OF AN IDENTIFIABLE PERSON
OR IMAGE OF THE PERSON DEPICTED
ENGAGE IN SEXUAL INTERCOURSE
PROBABLY NOT HARD TO DETERMINE.
SODOMY PROBABLY NOT HARD TO
DETERMINE ORAL COPULATION
PROBABLY NOT HARD TO DETERMINE
SEXUAL PENETRATION PROBABLY NOT
HARD TO DETERMINE. AN IMAGE OF
MASTURBATION BY THE PERSON
DEPICTED OR IN WHICH PERSON TO
PICK THE PARTICIPANTS PROBABLY
NOT HARD. TO DETERMINE I THINK
BEEN. AND ACTIVISTS TRYING TO
FOLLOW YOUR YOUR QUESTIONS A
PROCESS YEAH I'M NOT IT DIDN'T
IN TERMS OF PROCESS- THAT THAT
NOTICE IS GOING TO HAVE TO
ASSERT THAT MINOR IS BEING
DEPICTED IN THAT WAY- AND THEN-
TO YOUR- YOU KNOW ACCURATE POINT
THERE'S- EIGHT HOUR- ALLOWED-
WITH- YOU KNOW IN. JUDICIAL
COMING INTO PLAY- FOR THE
PLATFORM. TO AGREE AND TAKE THAT
DOWN- SO- IF THEY DON'T- THEN
THE QUESTION BECOMES ARE THEY
CORRECT. FOR THE CORRECT IS IT
IS IT NOT IS IT IS IT A
PERMISSIVE THERE'S A SERIES OF
SEPT THERE'S A SERIES OF- X.
EXCEPTIONS HERE- THERE. CALL OUT
VERY WELL IN A PAGE THREE OF THE
ANALYSIS. OF AGREEMENT ANOTHER
WAS PERMISSIVE IMAGE. WAIVER THE
NEWS ESSENTIALLY IN NEWS- A
STORY- MEANING SOME WITH. A
PUBLIC PLACE WHERE SOMEBODY
DOESN'T HAVE A REASONABLE
EXPECTATION OF PRIVACY I KNOW
THE IDEA OF A- OF THE- A PROTEST
OF YOUNG PEOPLE WHO ARE TOPLESS-
IT WAS PUT IN THE ANALYSIS IS AN
EXAMPLE. YOU KNOW HOW DO YOU HOW
DO YOU DETERMINE IF THAT'S-
EXEMPT OR NOT- SO. THOSE ARE
THOSE ARE SOME EXAMPLES OF
WHAT'S LISTED HERE EIGHT F. AS
EXEMPTIONS THAT. OF THE PLATFORM
IS GOING TO HAVE TO LOOK AT AND
SAY DO WE HAVE AN EXEMPTION
HERE- BUT I THINK THE MOST
IMPORTANT THING IS THERE'S
NOTHING IN THE BILL THAT SAYS
THAT THEY HAVE TO TAKE THAT
IMAGE DOWN PERMANENTLY WHAT
WE'VE CREATED IS A SAFE HARBOR
FOR PLATFORM IF YOU CAN'T FIGURE
IT OUT WITHIN FORTY EIGHT HOURS
IF IT'S NOT. OBVIOUS I THINK IT
MEANS GOING TO SPEAK FOR
ATTORNEYS CORPORATE ATTORNEYS
PRESENT HURTING MYSELF I WOULD I
WOULD- ENCOURAGE STRONGLY
ENCOURAGE MY CLIENT TO TAKE THE
IMAGE DOWN WILL FURTHER
INVESTIGATING IT'S THAT
IMPORTANT TO THEM. AND THEY'RE
THAT CONCERNED ABOUT PROTECTING
FIRST AMENDMENT RIGHTS
COMMERCIAL SPEECH OR MAYBE THEIR
BUSINESS MODEL- PUT A BACKUP IF
THEY CAN DETERMINE THAT THEY'VE
GOT AN EXEMPTION HERE. THIS KIND
OF THE WAY IT WORKS OKAY SO
YOU'RE- IN YOUR BILL IT WOULD
ONLY COVER THESE ILLICIT. IMAGES
AND PICTURES YOU'VE MENTIONED I
KNOW WE HAD ANOTHER COMPANION
BILL IT WAS MORE TARGETING- YOU
KNOW THE SOLICITATION OF MINORS
OR SORT OF LIKE GROOMING. STUFF
IF YOU WILL BUT YOUR BILL
SPECIFICALLY NARROWLY TAILORED
TO ILLICIT IMAGES WHICH- ARE
REGARDLESS OF THEIR EASIER NOT I
HOPE THAT'S NOT. BEING
DISTRIBUTED ON ON THE SOCIAL
MEDIA PLATFORMS- SO YES
OPPOSITION I MEAN DO YOU THINK
THAT IS A DIFFICULT. WHAT WOULD
HE JUST LAID OUT IS THAT
DIFFICULT TO IMPLEMENT AS AS
WRITTEN. I'M AVING SOME OF THE
EXAMPLES THAT WERE GIVEN YOU
KNOW THERE THERE ARE THINGS THAT
FALL UNDER THE CATEGORY THERE
ARE THINGS THAT DON'T- I WILL
SAY THAT. A VAST MAJORITY OF
THAT CONTENT DOES COME DOWN
BEFORE THAT TWO DAY WINDOW- THE
CHALLENGE IS THAT SOMETIMES IT
DOES. TAKE LONGER IF WE ARE
TRYING TO DO A IF- AND GOOD
FAITH- DIP. ON A NUMBER FACTORS
AND THE VICE OF. THAT GETTING
IN- THAT DIFFERENT TYPES OF
REPORTING THAT WERE RECEIVING WE
ARE UNDER THE THREAT OF
LIABILITY WOULD. VERY LIKELY
OVER REMOVE CONTENT THAT IS
LAWFUL AND THAT'S WHERE THE
CONCERN LIES IS THAT. IT'S
UNVERIFIED AND WE DON'T KNOW
WHETHER IT'S LAWFUL CONTENT ARE
NOT AND WE KNOW THAT YOU KNOW
JUST AS BAD ACTORS ARE UPLOADING
THIS TERRIBLE ILLEGAL CONTENT ON
OUR PLATFORMS. THEY WILL ALSO BE
OF USING THE REPORTING MECHANISM
TO GET ANY LAWFUL CONTENT TAKEN
DOWN THAT THEY DON'T LIKE- AND
SO THAT'S THAT'S THE THAT THE
TENSION RIGHT NOW AND-
ULTIMATELY. THE CONSEQUENCE WILL
BE THAT FOR PLATFORMS IT BECOMES
EVEN MORE DIFFICULT AND MORE
TIME CONSUMING TO REVIEW
EVERYTHING THAT HAS BEEN
FLAGGED. YEAH AND I THINK THAT'S
BECAUSE MY CANCER IS ALL THAT
YOU RESPONDED IN A SECOND IF YOU
LIKE AND I SUPPORT THE BILL I
SUPPORT THE AFFIRMATIVE VOTE FOR
IT. I DO WORRY THAT SOME OF
THOSE CHILLING EFFECTS YOU
MENTION BECAUSE I'LL TELL YOU.
EVEN THE POLITICAL WORLD PEOPLE
KNOW HOW TO MANIPULATE THESE
REPORTS A BIG ONE THEY LIKE TO
USE COPYRIGHT VIOLATIONS SO IF
THEY DON'T LIKE OPPOSE FOR
POLITICAL REASONS THEY JUST HAVE
THE OLDER PEOPLE FLAG IT. IS A
COPYRIGHT VIOLATION GETS TAKEN
DOWN. AND THEN IT'S ON THE YOU
KNOW AUTHORED CALLED THE
FACEBOOK OR REACH OUT OR
WHATEVER AND HAVE THEM PUT IT
BACK UP SO- BUT I DON'T THINK
THAT'S THE INTENT OF THE BILL SO
IF THERE'S ANY WAY SORT OF
NEGATE THAT I APPRECIATE IT IS.
IT'S GOOD THINKING I THINK IN
TRUE WHEN SPECIALLY CIRCUIT INTO
THE CONSTITUTIONAL ISSUES IN AND
REALLY A BALANCING TEST HERE I
UNDERSTAND THE STRICT SCRUTINY
HAS TO BE APPLIED ANY CONTENT
BECAUSE REGULATION. LIKE THIS
BUT AT THE SAME TIME YOU KNOW
THERE'S A FUNDAMENTAL QUESTION
HERE. AND I DON'T MEAN THIS
DIRECTED ANYBODY ON THIS
COMMITTEE HAVE I WOULD I WOULD
SAY IT ASK MYSELF THIS QUESTION
AS A FATHER OF TWO DAUGHTERS-
HOW LONG. IS IT OKAY. FOR THEIR
PLATFORM. TO KEEP ONE OF THESE
IMAGES UP. OF MY DAUGHTER. I
MEAN. I WOULD ASK. HOW MUCH TIME
DO YOU NEED TO GET MY DAUGHTER'S
IMAGE DOWN. THE NEW THREE DAYS
FOUR DAYS. IT MY DAUGHTER'S CAR.
OUT FOR. CHOI TOWER GOING TO.
YOU SUB DAYS. YOU CAN MOVE ANY.
QUICKLY DID WHEN HE'S A- DOWN.
AT SEEN. FORTY DOLLARS IS ENOUGH
. OF I GO TO. DO YOU WITH-
ALMOST ANY PLATFORM THAT I USE.
FROM A CAN. STAMP I HIT THE
DELETE. IT DELETES- I CAN TAKE
SOMETHING OUT OF MY SHOPPING.
RIGHT NOW WILL LOWER. WILL
WITNESSES. QUESTIONS THEY WERE
AT A POINT IN TECHNO. WE IT
UPLOADS. BUT WE CAN ALSO GET IT.
BACK DOWN QUICKLY AND OVERSEEN
TERMS CHILLING EFFECT IS- IF IT
TURNS OUT IT'S A WORK OF ART. IN
IT WAS PERMISSIVE- PLATFORM. HAS
EVERY RIGHT OBVIOUSLY TO PUT IT
BACK UP AGAIN. YEAH APPRECIATE
THAT MISTER CHAIR AND- YOU KNOW
IF PEOPLE DO ABUSE THAT PROCESS
THEN MAYBE THEY SHOULD BE
REMOVED FROM THE PLATFORM SO
JUST SOMETHING TO THINK ABOUT
THANK YOU MISTER MYSTICS AND-
THANK YOU A CHAIR. I COMMEND THE
AUTHOR- AND THE SPONSOR FOR
PUTTING THIS BILL FORWARD YOU
HAVE TO STOP START SOMEWHERE
WHAT. SO THIS IS IMPORTANT DATA
THAT YOU HAVE IN THE CONTENT OF
THE BILL SO MIGHT CORRECT IN
UNDERSTANDING THAT WHILE THE
PLATFORMS HAVE IDENTIFIED.
THIRTEEN MILLION IMAGES ON
FACEBOOK AND INSTAGRAM. THE
THERE ARE OTHER GROUPS THAT HAVE
IDENTIFIED SIXTY NINE MILLION
IMAGES SO THERE'S A GAP THERE.
THERE IS A- SO IS AN ATTEMPT TO
GET TO WORD OF THESE IMAGES COME
FOR. I MEAN DO YOU PEOPLE. UP
ALL OF THEM THEY ARE IN A-
RELATIONSHIP IS AT EIGHT THERE
IS A COMMUNITY UNFORTUNATELY-
GLOBALLY THAT- TRAFFICS IN THESE
IMAGES AND SO THERE ARE. A
SEGMENT OF TRAFFICKERS WHO ARE
THOSE ARE ARE. THE IMAGE AND BY
THE WAY BY THE TIME WE GET TO
THAT IMAGE WE'RE TALKING ABOUT
MONTHS. YOU OF THAT OCCURRED
THEY GOT THE CHILD TO ENGAGE IN
THOSE KINDS OF ACTS OF THIS IS
YEARS LONG ABUSE THAT'S GOING
ON- NOW WILL BE CUT YOU KNOW
THIS KIND OF. BEHAVIOR HAS BEEN
PUSHED UNDERGROUND BUT WITH
SOCIAL MEDIA NOW IT'S EXPLODED.
AND SO THEY ARE POSTING AND
TRADING AND THAT'S IMPORTANT
BECAUSE THEY DON'T WANT TO
PURCHASE BUT THERE TRADING THESE
IMAGES ON EVERY SOCIAL MEDIA
PLATFORM YOU CAN IMAGINE. AND SO
WHAT'S IT ALSO IMPORTANT TO KNOW
IS THE SOCIAL MEDIA COMPANIES
KNOW WHAT HASH TAGS. THESE ARE
PERPETRATORS USED TO DISSEMINATE
ARSON THE TRADERS USE. THEY
COULD CREATE AN ALGORITHM THAT
BLOCKS ANY POST USING THE
SPECIFIC HABITAT WELL THEN I
AGREE WITH YOU I THINK WE ALL
HEAR ABOUT ARTIFICIAL
INTELLIGENCE IT SEEMS TO ME-
APPLICATION THAT CERTAINLY THE
TECHNOLOGY PLATFORMS ARE ALREADY
EMBRACING FOR BEYOND WHICH WE
ALREADY KNOW. I THINK IT'S
DOABLE I AGREE WITH YOU I WILL
SUPPORT THE BILL I IT- THANK YOU
SHOULD BE DONE WITHIN. TO DELETE
THOSE IMAGES THAT SHOW A MATTER
OF KEEPING UP WITH THE WORLDWIDE
TRAFFIC I MEAN THESE COMPANIES
ARE HUGE I COMMEND THESE
COMPANIES ARE DOING THEIR THE
BURDEN IS ON THEM. BUT THEY HAVE
THE CAPABILITY AND THE
TECHNOLOGY TO DO IT AND DO IT
QUICKLY SO I SUPPORT YOUR BILL.
THERE'S NO QUESTION PENDING.
THANK YOU ANY FURTHER QUESTIONS
OR COMMENTS FROM THE COMMITTEE.
SCENE NINE I CENTER THANK YOU
FOR THIS BILL THANK YOU FOR YOUR
WORK. IN THIS AREA THIS IS THIS
IS A SIGNIFICANT STEP IT IS VERY
IT IS VERY COMPLICATED RIGHT WE
CERTAINLY AND I APPRECIATE YOUR
NICE COMMENTS ABOUT. OUR MY
STAFF WHO WORKED VERY HARD ON
THIS THESE ARE COMPLICATED LEGAL
ISSUES BUT I THINK WHAT'S
IMPORTANT HERE IS THE VERY REAL
DAMAGE YOU KNOW YOU MENTIONED A
STORY- ABOUT SOMEBODY WHO TO
COMMIT SUICIDE BECAUSE IT. BUT
THAT'S ACTUALLY NOT UNCOMMON YOU
KNOW SOMETIMES WHEN WE HAVE
THESE BILLS THAT SORT OF. A
LITTLE BIT OF AN ANECDOTAL STORY
FROM SOMEBODY MAY BE A KIND OF A
ONE OFF THIS IS ACTUALLY VERY
COMMON. AND SO YOU KNOW YOU
TALKED ABOUT YOUR DAUGHTER
CERTAINLY SOMEBODY HAS TO TWO
DAUGHTERS YOU KNOW IT'S STRIKING
HOME. AND I AGREE YOU KNOW THESE
IMAGES CAN COME DOWN AND IF
THERE. TURNS OUT LATER IT IS A
WORK OF ART FOR EXAMPLE. NO HARM
NO FOUL GOES BACK UP SEVENTY TWO
HOURS LATER- AND THE WORLD WILL
GO ON AND MOVE FORWARD WITHOUT.
A SOME. ARTISTIC IMAGE BEING OUT
FOR SEVENTY TWO HOURS SAID
THAT'S MUCH BETTER. THAN HAVING
A CONTINUED VICTIMISATION OF
SOMEBODY PARTICULAR SOMEBODY
WHO'S YOUNG- SO- HAPPY TO
SUPPORT THIS BILL WE HAVE A
MOTION AND A SECOND ALREADY- AND
ASK HER TO PLEASE CALL THE ROLL
THE MOTION. D. PASSES AMEND TO
APPROACH. THAT WOULD ACT CLOSE.
THANK YOU AGAIN MUCH- OF. IT
AND- I WHICH IS- REPEAT BY
REFERENCE EVERYTHING I SAID
EARLIER ABOUT THE ASSISTANCE
WITH THIS VERY VERY DIFFICULT
FOR ME- SORT OF LEGAL ISSUES
WITH WE APPRECIATE YOUR HELP AND
RESPECTFULLY ASK. THANK YOU.
ESCORT TO PLEASE CALL THE ROLL
MAIENSCHEIN I MENTION ICE DALY.
THE SEALY AYE CONNELLY DIXON.
DIXON HAIN. ANY I KALRA. CZECHO
I CZECHO AYE PAP AYE CAPTAIN AYE
REYES. REYES I RIVAS. YOUR BILL
IS OUT THANK YOU OKAY YOU GET.
FOR WAITING ONS. NO WE'RE NOT
CENTER MEANT WHAT. AND ASK THE
CENTRE GLAZER TO PLAY THE- COME
OVER A OUR LAST ITEM CENTER. THE
. FHF MA'AM OF THE COMMITTEE-
I'M TO PRESENT U. S. B. SEVEN
FORTY ONE WHICH WOULD AMENDED BY
PER ACT ALLOWED TO SKY. ONLY IF
SPECIFIC AUTHOR BY THE UPON A
FINE OF GOOD CAUSE WHILE
DOMESTIC VIOLENCE RESTRAINING
ORDERS OR DVR ROSE HAVE PROVEN
TO BE A EFFECTIVE LEGAL REMEDY
FOR SURVIVORS LACK OF CLARITY IN
THE DISCOVERY PROCESS HAS BEEN
TOO FREQUENTLY EXPLOITED. TO
THEIR DETRIMENT OF SURVIVORS
ABUSE OF PARTIES HAVE OFTEN USED
TO LINK THE DISCOVERY PROCESSES
AS A MEANS OF INTIMIDATING OR
HARASSING VICTIMS ARE FORCING
CONTACT WITH THEM CAUSING THEM
TO INCUR LEGAL FEES AND OTHER
EXPENSES- THUS ADDING TO THE
TRAUMA OF SURVIVORSHIP. NOW THE
REALITY IS THAT MOST TV ARE-
PETITIONERS ARE UNREPRESENTED
AND LITIGANTS ARE CURRENTLY
REQUIRED TO SEPARATELY PETITION
FOR A PROTECTIVE ORDER FROM
ABUSIVE DISCOVERY ALONGSIDE
THEIR EFFORTS TO SEEK PROTECTION
FROM ABUSE THIS CAN BE OVERLY
BURDENSOME DELAY PROCEEDINGS AND
AGAIN LEAD TO A REAL FEAR AND
TRAUMA AMONG SURVIVORS. OF THE
STATE OF WASHINGTON AND THE
DISTRICT OF COLUMBIA CURRENTLY
HAVE RESTRICTIONS ON DISCOVERY
TAILORED FOR DVR- CASES
CALIFORNIA DOES NOT KNOW I WANT
TO EMPHASIZE THIS IS A NARROW
FIX TO A REAL PROBLEM THAT
EXISTS. I WE'RE TRYING TO STRIKE
THE RIGHT BALANCE BETWEEN THE
APPROPRIATE NEED FOR DISCOVERY
FOUR DEFENDANTS. BUT THE ACTUAL
DOCUMENTED ABUSE OF THAT BY
PEOPLE THAT ARE COMMITTING
MASSIVE VIOLENCE. AS BEFORE
SEVEN FORTY ONE WOULD REDUCE THE
RISK OF HARASSMENT INTIMIDATION
OF DEEP DV SURVIVORS. AND
PREVENT UNNECESSARY DELAY IN
ADJUDICATING TV ARE- REQUESTS.
TODAY I HAVE WITH ME PROFESSOR
JAMES STOVER DIRECTOR OF THE
DOMESTIC VIOLENCE CLINIC AT UC
IRVINE ALSO HAPPENS TO BE MY
BETTER HALF TO TESTIFY. IN
SUPPORT OF SB SEVEN FORTY ONE.
WHAT SEEMS TO EVER THIS WAY IS A
TOWN THAT SO YES WELCOME. THANK
YOU MUCH GOOD TERRY MAIENSCHEIN
AND MEMBERS. OF THE UNIVERSITY
OF CALIFORNIA IRVINE SCHOOL OF
LAW DOMESTIC VIOLENCE CLINIC ON
BEHALF OF OUR CLIENTS. IS
HONORED TO SPONSOR SB SEVEN
FORTY ONE. WHICH PROVIDES A
NEEDED DISCOVERY PROCESS FOR THE
UNIQUE CONTEXT OF DOMESTIC
VIOLENCE CIVIL RESTRAINING ORDER
CASES. OUR CLINIC AND DOMESTIC
VIOLENCE AGENCIES AND ATTORNEYS
ACROSS THE STATE OF CALIFORNIA
REPORT THE INCREASING
WEAPONISATION. OF DISCOVERY TO
INTENDED TO BE SURVIVORS
PURSUING RESTRAINING ORDERS. AND
DELAYED DUE TO CATION. AS ONE
EXAMPLE WE HAVE A CLINIC CLIENT
WHO EXPERIENCED SEVERE ABUSE
RESULTING IN DIAGNOSE TRAUMATIC
BRAIN INJURY. WE RECENTLY SPENT
MORE THAN FIFTEEN MONTHS.
LITIGATING BAIT WHAT IS IT
SHOULD IT SHOULD HAVE BEEN A
BASIC REQUEST FOR RESTRAINING
ORDER NO CHILDREN IN COMMON-
PROPERTY ISSUES HERE WITH A
CIVIL RESTRAINING ORDER REQUEST.
BECAUSE HER EX BOYFRIEND
ATTORNEYS USED A SERIES OF
DISCOVERY REQUESTS TO REPEATEDLY
DELAYED HEARINGS. DESPITE OUR
ARGUMENTS TO THE COURT AB THIS
LEGISLATORS INTENT THE DVR'S BE
EXPEDITIOUSLY ADJUDICATED. THE
CASE LAW REINFORCES THAT OUR
DOMESTIC VIOLENCE PREVENTION ACT
IS TO BE LIBERALLY CONSTRUED. TO
PROTECT TO BE SURVIVORS
CONSISTENT WITH THE
PREPONDERANCE OF THE EVIDENCE
STANDARD. IN THE LACK OF
DISCOVERY LIMITATIONS IN CIVIL
DVR AS IT SCANS IS INCONSISTENT
COMPARED TO CALIFORNIA'S MARSY'S
LAW WHICH PERMITS ABUSE
SURVIVORS TO ALTOGETHER REFUSE
ANY INTERVIEW DEPOSITIONAL
DISCOVERED QUEST. IN CRIMINAL
MATTERS. IN WHICH INCARCERATIONS
AT STAKE. EXAMPLES FOR ACROSS.
THEM THE NEED FOR DISCUSS LIMITS
IN PROTECTION IN THESE CASES AS
THOSE THAT EXIST IN OUR STATES
INCLUDING WASHINGTON AND THE
DISTRICT OF COLUMBIA. ENCLOSING
SB SEVEN FORTY ONE WILL REDUCE
LITIGATION ABUSE AN UNNECESSARY
DELAY AND STRIKE THAT BALANCE TO
ENSURE PARTIES ONLY USE
DISCOVERY SUCH AS DEPOSITIONS
AND INTERROGATORIES. WHEN
NECESSARY AND WITH GOOD COSTS
RESPECTFULLY REQUEST YOUR AYE
VOTE THANK YOU JUST TO CONFIRM
WHAT THE AUTHOR YOU'VE ACCEPTED
THE AMENDMENTS GRAD EXCEPT THANK
YOU ANY OTHER WITNESSES IN
SUPPORT. SCENE NINE WITNESSES IN
OPPOSITION. SYNONYME TURN IT
BACK TO COMMITTEE TO EMOTION.
THE MOTION FOR MISS PAP IN
SECOND FROM MS REYES- WITHOUT-
MISTER SALIH YES GOOD MORNING
SENATOR- HAVING BEEN A
PROSECUTOR I'VE DONE A LOT OF
THESE CASES SOME KIND OF
FAMILIAR WITH THEM- I ACTUALLY
THINK THE DIFFICULTIES NOT.
OFTEN GETTING THE SETS AND
FORCING THEM. THAT'S WHAT I FIND
TO BE THE MOST PROBLEMATIC PART
PART I KNOW A LOT OF VICTIMS WHO
OBTAIN THESE. PIECES OF PAPERS
AND FOR WHATEVER REASON THEY
HAVE VERY HARD TIME GETTING LAW
ENFORCEMENT TO SUPPORT HIM OR
WHEN THEY'RE VIOLATED THERE'S
ALMOST NO TEETH TO THEM SO. YOU
KNOW I DO. I THINK WE NEED TO
REALLY LOOK AT THAT I GUESS THE
CONCERN I HAVE HERE IS IT'S SORT
OF. IT'S TAKING ONE EXTREME TO
THE OTHER AND SAY AND BASICALLY
SAYING THAT- WE SHOULD DIMINISH
DUE PROCESS AND ALL PROCEEDINGS
BECAUSE THERE'S DANGER MAY BE
ABUSED AND SOME PROCEEDINGS. AND
I HAVE RESERVATIONS ABOUT THAT I
THINK- ANYONE ACCUSED IN A I
THINK WOULD BE NAIVE TO SAY THAT
PEOPLE DON'T HAVE USE THESE.
THESE FILINGS AND THIS PROCESS
FOR WHATEVER REASONS DIVORCE
PROCEEDINGS PEOPLE TRY TO GET
ADVANTAGE SOME CONCERNED ABOUT
GOING FROM ONE EXTREME TO THE
OTHER WHY IN YOUR EXPERIENCE YOU
THINK IT'S NOT SUFFICIENT TO
JUST LET A JUDGE. MAKE THAT
DETERMINATION THE CASE IF THEY
CAN SEE IT'S BEING ABUSED. THE
JUDGE COULD ISSUE A PROTECTIVE
ORDER WISE THAT INSUFFICIENT. SO
HERE WE ARE PROVIDING THE
STANDARDS SET FORTH FOR GOOD
CAUSE. IRAN'S THAT PROCESS TO BE
ABLE TO VOTE FOR ANYBODY EITHER
EITHER PARTY TO BE ABLE TO
REQUEST AND THAT FINDING OF GOOD
CAUSE. I AND I DO BELIEVE THAT
THIS IS. A THAT IS AFTER TALKING
WITH MULTIPLE STAKEHOLDERS. ON
THE RIGHT PROCESS FOR THIS KIND
OF MATTER GIVEN THE DOMESTIC
VIOLENCE DYNAMICS AND CONTEXT
AND LEGAL STANDARD. AND GIVE IT
AND TO NOT CREATE A NUMBER. OF
ADDITIONAL HEARINGS FOR THIS TO
BE ABLE TO PROP POURED ON AN
ORAL OR WRITTEN MISSION. AND TO
BE RESPONDED TO. IN THE MOMENT
SO ACTUALLY I WOULD SAY THAT IT
DOES PROTECT YOU PROCESSING
GIVES US LEGAL CLARITY. WHEREAS
WE HAVE NONE RIGHT NOW. AND
RIGHT NOW I HAVE CLIENTS COMING
TO OUR CLINIC YOU'VE ALREADY
BEEN DEPOSED. UNREPRESENTED AND
I'M HAVE BEEN INTIMIDATED FOR
MOVING FORWARD WITH CASES BEFORE
BUT THIS THIS GIVES US THE
STANDARDS BUT ISN'T IT TRUE ARE
TIMES WHEN THEY'RE GOING THESE
PROCEEDINGS HAVE ALREADY BEEN
GRANTED A T. RO SO THEY READY
HAVE A PROTECTIVE ORDER IN PLACE
TO PROVIDE EMERGENCY RELIEF
YOU'RE TALKING ABOUT. GETTING A
PERMANENT ORDER. WHY NOT- GIVE
THEM QUE. I MEAN DON'T WE SEE
UP. THE NO SIR. OR FAR. TO GIVE
THEM. I DON'T THINK THEY SHOULD
BE AN REPRESENTING THEM SERVICES
I JUST. I'M CONCERNED ABOUT
SAYING THAT YOU DON'T GET
DISCOVERY UNLESS YOU MAKE A
SHOWING OF GOOD CAUSE I DON'T. I
DON'T THINK THAT SHOULD BE THE
AMERICAN STANDING EVERY EXCUSE
ACCUSED PERSON. YOU KNOW. SHOULD
BE PRESUMED INNOCENT UNTIL
PROVEN OTHERWISE AND THEY SHOULD
HAVE. THE ABILITY TO ROBUST
DISCOVERY AND IF IT'S BEING
ABUSED AND THE JUDGE CAN. RAINY
THEN BUT- WHY NOT GET THEM
COUNCIL FOR EXAMPLE- IT SO IF I
COULD RESPOND TO THAT I WOULD
JUST SAY I WOULD BE VERY
SUPPORTIVE OF MEASURES TO DO
THAT I'D ALSO BE VERY SUPPORTIVE
OF MEASURES TO TRY TO. INCREASE
ENFORCEMENT THAT'S A CHRONIC
PROBLEM WE SEE ACROSS THE STATE
I APPRECIATE THAT PERSPECTIVE-
THIS BILL IS NOT ADDRESS THAT
THOSE PROBLEMS BUT I YOU KNOW I
THINK MY RECORD ON DOMESTIC
VIOLENCE BILL SPEAKS FOR ITSELF
AND I HAVE SUPPORTED MEASURES OF
THE KIND YOU'RE TALKING ABOUT-
BUT- THIS BILL TARGETS A UNIQUE
PROBLEM THAT AGAIN THERE'S-
AMPLE DOCUMENTATION. OF ABUSES
DISCOVERY PROCESS. AND THIS CAN
BE LIFE OR DEATH WE'VE TRIED TO.
WORK WITH STAKEHOLDERS TO YOU WE
CAN CONTINUE WORKING FORWARD TO
MAKE THIS BILL RIGHT. AND BALLOT
AGAIN THERE'S A BALANCE THAT WE
HAVE TO STRIKE HERE BETWEEN.
LEGITIMATE DISCOVERY NEEDS OF
DEFENDANTS- BUT THE LIFE AND
DEATH NATURE OF MESSING VIOLENCE
AND IMPORTANCE OF. GRANTING DVR
ROSE ONE PROGRAM. I APPRECIATE
THAT HOPEFULLY LOOK FORWARD TO
WORKING WITH YOU ON THAT THANK
YOU SEND AN OFFICIAL. THANK YOU
MYSTICS AND- I THANK YOU. IS
DIFFERENT CLARIFY. I WE CREATING
TO DIFFERENT. SO PROCESSES. I'M
I IS THERE ANY OTHER PER. IN A-
CIVIL OR- OR- LAW STATURE. LAW
L. A DIFFERENT DISK. PROCESS AT.
I MEAN THIS SEEMS LIKE THIS IS
ABANDONED. CENTURIES OF DUE
PROCESS PROCEDURE. GRANTED THE
CASE IS THAT YOUR CITING OR THE
CIRCUMSTANCES YOUR SIDE IN OUR
OUR RIVAS AND DIFFICULT BUT YET
WE'RE CREATING A DIFFERENT.
CLASS OF PEOPLE WHO ARE. TREATED
DIFFERENTLY IN OUR JUDICIAL
PROCESSES AGAINST THAT CONCERNS
ME SO I WENT OVER TO MY WITNESS
IN A MOMENT- BUT I WOULD JUST
SAY THAT WE WOULD BE THE THIRD
STATE TO DO THIS AFTER. THE
STATE WATCHING INSTATED THE
DISTRICT OF COLUMBIA SO WE
WOULDN'T BE A THIS WOULD BE
UNPRECEDENTED MY- UNDERSTANDING
IT'S BEEN AWHILE SINCE I TOOK
CIVIL PROCEDURE BUT- I DO THINK
THERE ARE UNIQUE. YOU KNOW
DIFFERENCES IN THE LAW FOR
DIFFERENT TYPES OF CASES BUT ALL
OF MY EXPERT WITNESS HERE. I TRY
TO ANSWER THE QUESTION. WELL
WELL SAID MR MEANT THANKS
WITNESS THAT'S GOOD. BUT YEAH
INCOME OR SAID RESPITE
RESTRAINING ORDERS TO. LOW THEIR
AND THAT'S THERE'S CASE LAW ON
THAT THE THAT DOES NOT DISCO.
FOR CIVIL RIGHTS RESTRAINING
ORDER K. AND WE HAVE MARS LAW
THAT ALLOW AFFECT. VICTIMS TO
ALTOGETHER REFUSE ANY INTERVIEW
DEPOSITION OR OTHER DISCOVERY
REQUEST IN THERE WE HAVE ACTUAL
INCARCERATION IN THE CATTLE
CONSEQUENCES OF CRIMINALIZATION
INVOLVED. ATTACKED IF NOT UNITED
IN NATURE AND JUMPED OF RELIEF.
AND IT'S A FEEL THAT THAT THIS
STANDARD ANYBODY BRING BEING
ABLE TO JUST ARTICULATE TO THE
JUDGE. GOOD CAUSE AND WHY THE
KIND OF DISCOVERY IS NECESSARY
THEN ALLOWS. YOU KNOW IN A
LARGELY UNREPRESENTED POPULATION
AND ALLOWS THE RIGHT PROTECTIONS
AND RIGHT REMEDY TO BE ABLE TO
BE OKAY. ALL RIGHT THANK YOU
THINK. THANK YOU SEEN NO FURTHER
QUESTIONS OR COMMENTS WE HAVE A
MOTION AND A SECOND MOTIONS TO
PASS AS AMENDED. S. SENATE
BECAUSE I RESPECTFULLY ASK YOUR
AYE VOTE THANK YOU- ESCORT
PLEASE CALL THE ROLL MAIENSCHEIN
HI MAIENSCHEIN I. SALIH.
CONNOLLY DIXON. NO TEXANO HANEY
. HANEY I. THE CZECHO BY CHECK
OUT I. PAP IN. HAPPEN I REYES.
REYES AYE RIVAS. YOUR BILL IS ON
CALL YOU THANK YOU FOR- WE ARE
OUR LAST ITEMS THAT CENTER. AYE
WE ASK ALL THE ABSENT MEMBERS TO
HEY OVER WE CAN DO ADD ON-
WELCOME. THANK YOU THANK YOU
SHARE MENTION- I WANNA FOR SIX
THE PROPOSED TO ME IN THE AND I-
WHEN I THINK THEY CAN STAFF OF
THE FOR THEIR WORK ON THIS BILL
AS WELL AS CHAIRS. CONSIDERATION
THE BILL I IN TWO THOUSAND
EIGHTEEN THE LEGISLATURE PASSED
SB TWELVE THIRTY FIVE SALAI
AUTHORED TO REQUIRE THAT
FINANCIAL PROVIDERS GIVE SMALL
BUSINESS. TRUTH IN LENDING
DISCLOSURE WHICH INCLUDED
EXPRESSING THE TOTAL COST OF
FINANCING AS AN ANNUALIZED RATE.
THE DEPARTMENT OF FINANCIAL
PROTECTION INNOVATION WAS GIVEN
THE AUTHORITY TO DECIDE THE
EXACT METRIC. FINANCIAL
PROVIDERS WOULD USE- AFTER THREE
INFORMAL AND SIX FORMAL COMMENT
PERIODS- THE DEPARTMENT SHOWS
THE TIME TESTED APR ANNUAL
PERCENTAGE RATE. AND RELEASED A
FORTY EIGHT PAGE GUIDELINE
DOCUMENT. ON HOW FINANCIAL
PROVIDERS COULD COMPLY WITH THAT
DISCLOSURE. A RECENT STUDY BY
THE FEDERAL RESERVE FOUND THAT
CONSUMERS LIKE APR BECAUSE THEY
ARE FAMILIAR WITH IT AND IT
PROVIDES THEM WITH CRUCIAL
INFORMATION INTO DIGESTIBLE
MANNER. A. P. A. P. R.
IMPORTANTLY ALLOWS SMALL
BUSINESS BORROWERS TO COMPARE
APPLES TO APPLES THAT'S VERY
IMPORTANT- THIS BILL REPEALS THE
SUNSET INCORPORATED INTO SB
TWELVE THIRTY FIVE ALLOWING FOR
THE CONTINUED DISCLOSURE OF THE
TOTAL COST OF FINANCING TO BE
EXPRESSED. AS AN APR THE BILL
ENSURES SMALL BUSINESS OWNERS TO
BORROW MONEY CONTINUE TO BENEFIT
FROM THE PROTECTIONS THAT THE
LEGISLATURE ADOPTED IN TWO
THOUSAND EIGHTEEN. LET ME JUST
NOTE THAT WE HAVE ACCEPTED SOME
AMENDMENTS AS I NOTED EARLIER
THERE WAS CONCERN ABOUT SAFE
HARBOR LANGUAGE THAT. A FINANCE-
RELYING UPON THESE REGULATIONS
AND GUIDELINES WOULD BE IN
JEOPARDY IF THE RATE. AMOUNT
ACTUALLY CHANGED IN THE COURSE
OF ALONE- THERE ARE PROTECTIONS
IN THE REGULATIONS AND WE'VE
ENHANCE THAT WITH THEIR
AMENDMENT THAT'S BEFORE THE
COMMITTEE TODAY- WITH ME TO
TESTIFY IN SUPPORT. HI BIANCA
BLOOMQUIST WHO IS WITH THE SMALL
BUSINESS MAJORITY- AND LEWIS K.
DEEDS PACK WHO IS WITH THE
CALIFORNIA ASSOCIATION FOR MICRO
ENTERPRISE OPPORTUNITY ALSO
KNOWN AS CAMEO. AND WE WELCOME
THANK YOU HAS LAWSUIT TO HAVE TO
TWO MINUTES EACH THANK YOU. THE
. HELLO MEMBERS OF THE MY NAME
LOUIS K. BACK- THE EXPERIENCE
THE I HAD STARTING A BUSINESS
FINANCE LINE IF INTO COMPANY LET
ME DIRECTLY THE NEED FOR
COMMENTS TRANSFER. STAND THAT'S
WHY SOME AS THIRTY TH AND WHY
JOIN THE COALITION OF OVER FIVE
HUNDRED SMALL BUSINESS BUT
GROUP'S FOR PROFIT FINANCING
COMPANIES NONPROFIT CDFI IS
CHAMBERS OF COMMERCE CIVIL
RIGHTS GROUPS AND OTHERS. IN
PASSING CALIFORNIA SMALL
BUSINESS TRUTH IN LENDING ON
TWENTY EIGHTEEN WHICH SB THIRTY
THREE PRESERVES. WHEN I HELP
START A SMALL BUSINESS LENDING
PROGRAM AT A FOR PROFIT ONLINE
LENDER WE SET OUT A STRATEGY TO
BE THE LOWEST COST PROVIDER IN
THE MARKET. AND WHILE WE
SUCCEEDED IN LEADING TO OVER TEN
THOUSAND SMALL BUSINESSES THAT
LOWEST PRICE STRATEGY REALLY
STRUGGLED BECAUSE WE FOUND THAT
SMALL BUSINESS OWNERS OFTEN
COULDN'T TELL THAT THE FINANCING
WAS THE LOWER PRICE BECAUSE HIGH
PRICE FINANCING COMPANIES OFTEN
DIDN'T DISCLOSE THEIR A. P. R.'S
TRANSPARENTLY. THE MARKET DIDN'T
ENABLE PRICE COMPETITION BECAUSE
THERE WASN'T TRANSPARENT PRICE
DISCLOSURE. AND SMALL BUSINESS
OWNERS PAID THE PRICE.
CALIFORNIA FIX THAT IN TWENTY
EIGHTEEN BY PASSING SB TWELVE
THIRTY FIVE. BUT THE BATTLE DAYS
WILL BE BACK IF SB THIRTY THREE
DOES NOT PASS WITH APR
DISCLOSURES FOR ALL TYPES OF
FINANCING. APR IS CRUCIAL AND IT
CAN BE CALCULATED FOR ANY TYPE
OF FINANCING PRODUCT IT'S JUST
MATH- IN SOME CASES AN ESTIMATE
IS REQUIRED. AND THE REGULATIONS
PROVIDE CLEAR INSTRUCTIONS ON
EXACTLY HOW TO PERFORM THOSE
ESTIMATES I BELIEVE THE
FINANCING COMPANY WOULD NOT BE
LIABLE FOR PERFORMING THOSE
ESTIMATES. AS THE REGULATIONS
INSTRUCT. EVEN IF THE ESTIMATES
TURN OUT TO BE LOW. THE
REGULATIONS OFFER PROVIDE
SEVERAL OTHER SAFE HARBORS FOR
AREAS TO PROTECT SELF IDENTIFIED
ERRORS OVERSTATING U. P. R. AND
SO ON. IF ANY FURTHER SAFE
HARBORS ARE PROVIDED- WE NEED TO
MAKE SURE THAT THEY DON'T ENABLE
FINANCING COMPANIES TO INVENT
LOW APR IS TO MISLEAD BORROWERS
WITH IMPUNITY. THANK YOU. I
THANK YOU CHAIRMAN AND VICE
CHAIRMAN OF THE COMMITTEE MY
NAME'S BIANCA BLOMQUIST AND
POLICY DIRECTOR FOR SMALL
BUSINESS MAJORITY WERE RESEARCH
AND EDUCATION ORGANIZATION THAT
EMPOWERS AMERICA'S ENTREPRENEURS
TO MAKE. INFORMED DECISIONS
ABOUT THEIR BUSINESS AND THEIR
LIVELIHOOD PARTICULARLY AS THEY
COMPARE THE COST OF VARIOUS
COMMERCIAL FINANCING PRODUCTS.
AND TESTIFYING ON BEHALF OF SB
THIRTY THREE BECAUSE SB THIRTY
THREE PER TAX SB TWELVE THIRTY
FIVE MOST CRITICAL PROTECTION.
WHICH IS DISCLOSURE OF THE
ANIMAL ANNUAL PERCENTAGE RATE
APR IS THE ONLY PRICING METRIC
THAT INCLUDES ALL THE RATES AND
FEES OVER A COMMON UNIT OF TIME
IT IS THE METRIC THAT BORROWERS
KNOW AND TRUST. BECAUSE IT'S
ALREADY MANDATED FOR CONSUMER
LOANS. THE FOLLOWING STORY
DEMONSTRATES HOW A PARRIS
CRITICAL FOR THE SMALL BUSINESS
OWNERS I WORK FOR DARREN AND THE
TASHA PRESTON OF OAKLAND OPEN
MOUTH IS BURGERS AND TWENTY
NINETEEN. STRUGGLE TO ACCESS
CAPITAL NECESSARY TO EXPAND
THEIR BUSINESS AND GOVERNMENT
BACKED PROGRAMS EFFECTIVELY LEFT
THEM BEHIND IN TWENTY TWENTY TO
THE ENTREPRENEUR HAS FILED FOR
CHAPTER ELEVEN BANKRUPTCY IF
THOUGHT ALLEGING THAT THEY FELL
PREY TO A BAD LOAN. WITH AN
ALTERNATIVE ONLINE LENDER THAT
PROVIDES FINANCING WITH OPAQUE
IN CHANGING TERMS TRAPPING THERE
AND THEN AND TASHA IN A CYCLE OF
HIGH COST AT ONE YEAR AND THIRTY
THOUSAND DOLLARS IN INTEREST
LATER. THEIR BALANCE WAS HIGHER
THAN THE COST OF THEIR ORIGINAL
LOAN OF EIGHTY FIVE THOUSAND
DOLLARS WHICH ULTIMATELY BECAME
AN FEASIBLE FOR THEM TO REPAY.
THIS LACK OF TRANSPARENCY IS HOW
COUNTLESS OTHER SMALL BUSINESS
OWNERS LIKE DARREN AND TASHA
HAVE BEEN EXPLOITED. BY HIGH
COST FINANCING AND PREDATORY
PRACTICES PASSING SB THIRTY
THREE PRESENTS AN OPPORTUNITY
FOR YOU TO SET THE STANDARD FOR
THE REST OF THE COUNTRY SINCE
THE PASSAGE OF SB TWELVE THIRTY
FIVE. NEW YORK'S PASSED SIMILAR
LEGISLATION IN THE HUNDRED
EIGHTEEN CONGRESS'S INTEREST
FEDERAL TRUTH IN LENDING
LEGISLATION. WE'RE SO GLAD TO
SEE POLICYMAKERS CONTINUE TO
PROTECT THIS CRITICAL COMPONENT.
OF SB TWELVE THIRTY FIVE AS SB
THIRTY THREE PROVIDES THAT PRICE
TRANSPARENCY THAT SMALL BUSINESS
OWNERS NEED AND DESERVE THANK
YOU THANK YOU ANY OTHER
WITNESSES IN. SUPPORT NAME AN
ORGANIZATION. HEIDI PICKMAN. ON
BEHALF OF CAMEO AND THE SEVENTY
ORGANISE. THAT SIGNED ON THAT
OUR REFINANCING- THESE LOANS-
WE'RE IN STRONG SUPPORT. THANK
YOU SEE NO FURTHER WITNESSES INS
OUT SORRY SIR. DAVID CANTON IT
WITH A REVENUE BASED FINANCE
COALITION- WE WOULD LIKE TO
THANK THE AUTHOR AND WOULD LIKE
TO THANK THE COMMITTEE
CONSULTANTS FOR THE- AMENDMENTS
THAT ARE REFLECTED IN THE-
INDEED COMMITTEE ANALYSIS AND
WITH THAT. WE WOULD LIKE TO MOVE
FROM OPPOSED TO NEUTRAL POSITION
TO CONTINUE TO WORK WITH THE
AUTHOR ON A MORE APPROPRIATE
METRIC FOR AN OPEN ENDED
PRODUCTS SUCH AS OURS. THANK YOU
. JOSH WITH THE BAY ON BEHALF OF
THE CONSUMER FEDERATION OF
CALIFORNIANS SUPPORT. THANK YOU
SEE NO FURTHER WITNESSES IN
SUPPORT WHEN THIS IS AN
OPPOSITION.
MORNING MR CHAIRMAN. AT MARKET
LASTING COUPLE HAVE SEE HERE ON
BEHALF OF THE SECURED FINANCE
NETWORK- BEFORE I GO ANY FURTHER
I WOULD LIKE TO THANK THE AUTHOR
HIS STAFF. OF THE COMMITTEE
STAFF WHO HAVE. GRACIOUSLY
LISTENED TO THE CONCERNS OF SF
NETWORK- AND- AND ADDRESS THOSE
WITH THE- THE AMENDMENTS
ALTHOUGH I DO WE DO HAVE A
REMAINING QUESTION- I HAVE
BROUGHT WITH ME. MORE CASH THERE
WAS HELL TO KEPPEL WHO CAN
ANSWER ANY Q'S THAT QUESTION
SHOULD WE HAVE THEM IN THE
DISCUSSION. WE ARE GRATEFUL THAT
YOU'VE ACCEPTED THE SAFE HARBOR-
OUR MEMBERS OFFER FACTORING IN
OPEN ENDED FINANCING AND SO THE
APR HAS BEEN A CHALLENGE FOR US.
WE SUPPORT TOTAL TRANSPARENCY
AND PROVIDE CAPITAL TO SMALL AND
MEDIUM SIZED BUSINESSES IN
CALIFORNIA- MARK LONG TERM A FAR
WAY TO BEEN LESS THAN ONE
PERCENT. OF WE DO HAVE THE
IMPOSED LAST AMENDED POSITION
WE'RE REVIEWING THE LANGUAGE AND
OUR QUESTION IN WE REALLY WOULD
LIKE. CLARIFICATION TODAY AND I
THINK THAT WILL HELP US GET TO
THE NEUTRAL POSITION OF OUR
STANDING IS THAT THEY THE
AMENDMENT PROVIDES A SAFE HARBOR
FOR COMPLY WITH THE REGULATIONS
AND PROVIDE THE CALCULATION OF
THE APR. WE ALSO WANT TO CLARIFY
THAT MOVING FORWARD IF THE
REGULATIONS CHANGE FROM TIME TO
TIME THERE WOULD NOT BE
RETROACTIVE LIABILITY AND MOVE.
ONCE NEW RECORD OPTED IF WE
COMPLY WITH THOSE THERE'S ALSO
SAFE HARBOR SO- WITH THAT
CLARIFICATION I BELIEVE WILL BE
ABLE TO GET TO NEUTRAL AND AGAIN
I WANT TO THANK. ALL THE
PARTICIPANTS. FROM. THE TIME
THEY PUT IN THANK YOU. GREAT ANY
OTHER WITNESSES AN OP. SCENE
NINE DO WE HAVE A MO. FROM THE
COMMITTEE COMES. THE BILL MR S.
MAKE ME. FIRST SECONDS- CENA FOR
THE CA. DESCRIPTION A CLOSE. OUT
MR SAY. IF YOU WOULDN'T MIND. TO
BECAUSE WESTERN. YEAH THE THANK
YOU- THE LANGUAGE WAS DONE FOR
THE X. REASON THAT THE-
CURRENTLY OPPONENTS HAVE A-
WOULD IS THAT. TO PROVIDE THE
PROTECTIONS- EVEN IF THE
GUIDANCE CHANGES THAT
PROTECTIONS WOULD BE IF THEY
WERE DONE AT THE- UNDER THE
GUIDE UNDER THAT REGULATIONS. AT
THAT TIME- THAT THERE IT WOULD
IT WOULD BE A SAFE HARBOR
PROTECTION THAT THAT'S THE GOAL
OF THE AMENDMENTS IS DRAFTED- NO
ONE WANTS TO CREATE TRAPS AND
WE'VE- WON A ROBUST MARKET PLACE
OF LANDING. SERVES EVERYONE'S
INTERESTS AND- HOPEFUL THAT
STUFF WE'VE WE'VE MANAGED TO.
PROVIDE THAT ADDITIONAL
ENHANCEMENTS TO MAKE EVERYBODY
COMFORTABLE. SO MINUS YOU LISA
MAY ARE ARE FAIRLY NEW AND
YOU'RE STILL. TRYING TO GET A
HOLD OF WHAT THEY IF THEY DRESS
ALL YOUR CONCERNS IS THAT IS
THAT WHAT'S HAPPENING. THAT'S
CORRECT AB. ADD IT LOCAL LAWYERS
REVIEWING NO OFFENSE THIS SEASON
ROOM. YOU KNOW IT'S ALWAYS THE
QUESTION OF WHAT DOES NOT
WITHSTANDING MEAN AND I MUST SAY
I'VE GOOGLE THAT TERM A FEW
TIMES IN THE LAST. FORTY EIGHT
HOURS TO CLARIFY IT SO I I'M
HOPEFUL THAT WE WILL GET THERE
AND I REALLY APPRECIATE ALL THE
WORK THAT'S BEEN AND SO ADD.
CENTER YOU SEEM LIKE A MAN OF
YOUR WORD SO IF THEY IF THEY
HAVE SOME TECHNICAL ISSUES OR
THINGS YOU'RE YOU'RE STILL
CONTINUE THIS CONVERSATION OF
COURSE I THINK NOBODY WANTS TO
TRAP ANYONE AND- AS LONG AS
YOU'RE RELYING UPON A GOOD FAITH
ESTIMATE WHICH ARE IN THE
REGULATIONS AND THE SAFE HARBOR
THAT'S IN THE REGULATION PLUS
THE- LANGUAGE AT BEFORE YOU I
THINK THEY'RE ALL GONNA. OF
THREE FEEL COMFORTABLE THAT THE
CARPOOL WITH THAT ASSURANCES ALL
OF THE SUPPORTING IT TODAY THANK
YOU THANK YOU SO WE HAVE A
MOTION AND A SECOND- THE MOTION
IS TO PASS- AS AMENDED TO
APPROACH. SENATE VICTORY I
RESPECTFULLY ASK FOR YOUR I.
THANK EACH YEAR FOR GOOD WORK
THIS I PLEDGE- PLEASE CALL THE
ROLL MAKE SURE. I IN CHINA SEE
LEE. SALIH I CALL. DIXON DIXON I
HANEY OR ANY FIVE KALRA RIGHT
KALRA IP. AYE CZECHO AYE HAPPY.
HAPPENED I. AS I READ. RIVERSIDE
YOUR BILL IS OUT THANK YOU. SO
WITH THAT THANK. THE ITEMS THAT
WE HAVE NEED TO TODAY. SO WE
WILL. DO ONS- WILL START WITH
THE CAN SEE AGENDA. I'D ASK THE
CLERK TO PLEASE. CALL THE-
CONNOLLY REYES. REYES AYE RIVAS
. RIVAS DRIVE. YEAH YEAH. I
DON'T KNOW. IT SORRY WHAT. HI
GEN GOOD JOB CAN. I NUMBER ONE.
WE'RE LIVE THE CALL B. C. SMALL
WHAT. ESCORT CALLED CONNELLY THE
CZECHO I BUT CZECHO I RAY. REYES
RIVAS RIVAS I. TALKED THAT BILL
IS OUT ITEM TWO SPEECH SEVEN TO
RISE SO AS THE CLERK TO PULL LET
THE CALL CONLEY. REYES REYES I.
WE THE BILL IS. TWO BILLION
THREE THREE WHERE EVERYBODY ON A
THREE ITEM FIVE S. B. FOR
NINETIES SMALLWOOD QUITE. ASSET
TO LIFT CALL CONNOLLY. THE
CZECHO NOT REALLY. REYES REYES I
READ RIVAS. THAT BILL WAS PULLED
. AND FORCED AND THIS BILL I
FIVE IS NOW OUT ITEMS SB FORTY
SIX THE ACID TO PLAY CALL THE
ROLL CONNOLLY KALRA. BECAUSE AYE
RIVAS RIVAS I. ITEM NUMBER SAL
S. B. C. FOUR ONE. ASAKO TO
PLEASE LIFT THE CAR CONLEY KALRA
. KALRA AYE RIVAS RIVAS I THANK
YOU EVERYONE WE WILL THAT BILL
IS OUT WILL KEEP ROLE- OPEN FOR
FIVE MORE MINUTES FOR MISTER
CONNELLY TO GET HERE. WITH. IT'S
LIKE THE. THE WHITE. OUR
PRODUCTION. IS LIKE TIMES THE.
YEAH JUMPED FROM.
RIGHT. OKAY HERE. YEAH YEAH I
REMEMBER NOW. THERE ARE. THE
REST. YEAH. GO TO OFFENSIVE. I
THINK. THE WHOLE THING WITH A
LOT FOUR MONTHS OF IF I MADE OUR
WAY FIRST PARTY APP NOW.
BLOCK YES YOU DO YOU HAVE FIVE
MINUTES DESPITE THAT IT WILL
PRESENT AT ALL AND I'M JUST
TRYING TO KEEP THE WORLD OPEN
FOR MISTER CONNELLY DO YOU FIVE
MINUTES HERE AND WAIT FOR YEAH
RIGHT NOW WITH. PRETTY MUCH ALL
. THANK YOU SO ALL IS GOING ON
WITH YOUR. YEAH DEFINITELY.
RIGHT. ONE YEAH BUT THANK. WATER
I DON'T WELL YOU WERE RIGHT I
REMEMBER.
MISTER CONNELLY WE'RE GONNA OPEN
UP THE ROLE FOR YOU WILL START
WITH THE CONSENT AGENDA ASK HER
TO PLEASE CALL THE ROLL.
CONNOLLY I CONSENT ITEM NUMBER
ONE S. B. SIXTEEN ACEKARD PLEASE
KALRA CONNELLY CONNELLY I
REMEMBER TO SB TWENTY SEVEN
DURACELL ASSEMBLY PLEASE KALRA
KILEY AYE ITEMS SB THIRTY THREE
GLAZER ACID CLERK PLEASE CALL
RONALD CONNELLY I AM FOR SB FIVE
NINETY SEVEN SMALLER CUEVAS S.
COOK PLEASE CALL WRONG. CONNELLY
I AM SIX SB SIX FOUR SIX CORE E.
ASK FOR PLEASE CALL RON CONNELLY
I ITEM SEVEN SB FORTY MAN ASAKO
PLEASE CALL COM CONNELLY THANK
YOU- WITH THAT THAT COULD
TODAY'S JUDICIARY COMMITTEE YOU
ALL VERY MUCH.