GOOD AFTERNOON. WELCOME TO THE
ASSEMBLY COMMITTEE ON INSURANCE.
TODAY WE HAVE TWO MEMBERS
FILLING IN. ASSEMBLY MEMBER
KINNER WILL BE FILLING IN FOR
ASSEMBLY MEMBER GIBSON AND
ASSEMBLY MEMBER LEE WILL BE
FILLING IN FOR ASSEMBLY MEMBER
JOAN SAWYER. TODAY WE'RE GOING
TO CONSIDER NINE BILLS. FILE
ITEM NUMBER TWO, SB 1060 BY
SENATOR BECKER WAS PULLED AT THE
REQUEST OF THE AUTHOR. THE
FOLLOWING FOUR BILLS ARE
RECOMMENDED FOR CONSENT. FILE
ITEM FOUR SB 1090 BY SENATOR
DURAZO. FILE ITEM NUMBER FIVE SB
1217 BY SENATOR GLAZER. FILE
ITEM SEVEN SB 577 BY SENATOR
HURTADO, AND FILE ITEM TEN, SB
1295 BY SENATOR SUSAN RUBIO.
WANT TO GIVE A QUICK REMINDER
FOR EACH BILL? WE REQUEST NO
MORE THAN TWO WITNESSES PER
SIDE, LIMITED TO TWO MINUTES
EACH. ALL OTHERS ARE
RESPECTFULLY REQUEST NAME,
ORGANIZATION AND POSITION
POSITION, WE ARE GOING TO
ACTUALLY START AS A SUBCOMMITTEE
. AND WE'RE READY FOR OUR FIRST
AUTHOR, A SENATOR CORTEZ,
WHENEVER YOU'RE READY, CAN
PRESENT ON SB 1299.
GOOD AFTERNOON, CHAIR AND
ASSEMBLY MEMBERS. I'M VERY
PLEASED TO PRESENT SB 1299
TODAY, SPONSORED BY THE UNITED
FARM WORKERS. THE INCREASED
FREQUENCY OF EXTREME HEAT
CONDITIONS AND ITS GROWING RISK
TO WORKERS HIGHLIGHT THE
IMPORTANCE AND NECESSITY OF
EMPLOYER COMPLIANCE WITH
CALIFORNIA'S OUTDOOR HEAT
REGULATIONS TO KEEP WORKERS
SAFE, SB 1299 PROMOTES
COMPLIANCE WITH THE EXISTING
OUTDOOR HEAT REGULATION THROUGH
A REBUTTABLE PRESUMPTION FOR
HEAT RELATED INJURY AND DEATH.
FARM WORKERS WHO SUFFER INJURY,
ILLNESS, AND DEATH WHILE WORKING
FOR A NON-COMPLIANT EMPLOYER
WOULD BE TREATED AND COMPENSATED
EXPEDITIOUSLY. THE BILL ALSO
ESTABLISHES THE FARM WORKER
CLIMATE CHANGE, HEAT INJURY AND
DEATH FUND TO OFFSET DÍAS
ADMINISTRATIVE COSTS. THE NEW
FUND WILL BE FUNDED ON A ONE
TIME BASIS FROM THE EXISTING
WORKER'S COMPENSATION
ADMINISTRATIVE REVOLVING FUND.
SOME OF THE LARGEST AGRICULTURAL
COUNTIES IN THE STATE ARE
EXPERIENCING RECORD BREAKING
HEAT WAVES. IN 2022, KING CITY
AND MONTEREY COUNTY BROKE ITS
HOTTEST TEMPERATURE EVER
RECORDED AT 116 DEGREES. FRESNO
RECORDED AN ALL TIME HIGH AT 114
DEGREES. STOCKTON IN SAN JOAQUIN
COUNTY SHATTERED ITS 1988 RECORD
OF 106 DEGREES BY REACHING 112
DEGREES. THESE RECORD BREAKING
HEAT WAVES ARE HARMING THE
HEALTH OF AGRICULTURAL WORKERS.
FROM 2018 TO 2019, THE NUMBER OF
SUSPECTED AND CONFIRMED FARM
WORKER HEAT RELATED DEATHS
INCREASED EXPONENTIALLY. WITH US
TODAY TO TESTIFY, WE ARE JOINED
BY TERESA ROMERO, PRESIDENT OF
THE UNITED FARM WORKERS, AND AT
THE APPROPRIATE TIME, I WOULD
RESPECTFULLY ASK FOR YOUR AYE
VOTE. GO AHEAD. THANK YOU. GOOD
AFTERNOON. CHAIRS AND MEMBERS OF
THE COMMITTEE. TERESA ROMERO,
PRESIDENT OF THE UNITED FARM
WORKERS. EVERY FARM WORKER WHO
DIES FROM OUTDOOR HEAT HAS A
NAME MARIA ISABEL VASQUEZ
JIMENEZ. SHE WAS 17 YEARS OLD.
HER LIFE AND NEEDLESS DEATH
INSPIRED CHANGE. IN 2005, WE
WORKED WITH GOVERNOR
SCHWARZENEGGER TO ENACT THE
FIRST OUTDOOR HEAT REGULATION IN
THE UNITED STATES. COOL DRINKING
WATER, SHADE, REST BREAKS.
SIMPLE, DECENT, YET STRONGLY
OPPOSED AND WEAKLY ENFORCED. AS
MORE FARM WORKERS DIED, WE SUED
THE STATE OF CALIFORNIA TWICE.
WHAT WE QUICKLY DISCOVERED IS
THAT CAL-OSHA ENFORCEMENT IS
LIMITED. IT IS NEARLY
IMPOSSIBLE, AND NO AMOUNT OF
MONEY CAN MONITOR APPROXIMATELY
40,000 FARMS IN THIS STATE FOR
THE BASIC STANDARDS IN OUTDOOR
HEAT REGULATIONS. THIS BILL
ENCOURAGES EMPLOYER COMPLIANCE.
IT DOESN'T CHANGE THE HEAT
REGULATION. IT DOESN'T ADD
ADDITIONAL WORKER COMPENSATION
BENEFITS. IF A FARM WORKER
SUFFERS A HEAT ILLNESS, INJURY
OR DEATH AT WORK AND THE FARM
WORKER PROVES THAT THEIR
EMPLOYER WAS NOT IN COMPLIANCE,
THEN THE INJURY BECOMES
ELIGIBLE. ELIGIBLE FOR THE
REVIEWABLE PRESUMPTION UNDER THE
BILL. HOWEVER IF THE EMPLOYER
PROVES COMPLIANCE, THEN THE BILL
DOES NOT APPLY. I WANT TO REPEAT
THAT THE BILL DOESN'T APPLY TO
EMPLOYERS WHO ARE IN COMPLIANCE
WITH EXISTING OUTDOOR HEAT
REGULATION. CLIMATE CHANGE IS
MAKING WORKING OUTDOORS IN THE
HEAT EXTREMELY DANGEROUS. EVERY
EMPLOYER SHOULD COMPLY WITH THE
STATE'S BASIC OUTDOOR HEAT
STANDARDS. THEY WORK. THEY
PREVENT FARM WORKER HEAT ILLNESS
, INJURY AND DEATH. SAVING A
LIFE, A LIFE EVEN ONE IS WORTHY
OF YOUR EFFORT. THANK YOU FOR
YOUR CONSIDERATION. THANK YOU.
DO WE HAVE ANY WITNESSES IN
OPPOSITION? OH I'M SORRY. ANY
ADDITIONAL SUPPORT? ANNE COTTON,
CALIFORNIA RURAL LEGAL
ASSISTANCE FOUNDATION IN SUPPORT
. MADAM CHAIR, MEMBERS SARA
FLOCKS, CALIFORNIA LABOR
FEDERATION, IN SUPPORT.
ELIZABETH ESPINOSA ON BEHALF OF
THE SANTA CLARA COUNTY BOARD OF
SUPERVISORS IN SUPPORT. THANK
YOU. OKAY. DO WE HAVE ANY
WITNESSES IN OPPOSITION?
ALL RIGHT. GOOD AFTERNOON, MADAM
CHAIR. MEMBERS ASHLEY HOFFMAN,
ON BEHALF OF THE CALIFORNIA
CHAMBER OF COMMERCE,
RESPECTFULLY IN OPPOSITION, WE
UNDERSTAND AND ARE SYMPATHETIC
TO THE FRUSTRATIONS OF THE
PROPONENTS REGARDING CAL OSHA.
HOWEVER, IT'S IMPORTANT TO
REMEMBER THAT THIS IS A WORKERS
COMPENSATION BILL, AND IT SHOULD
BE ANALYZED ACCORDINGLY. THE
DATA SHOWS US THAT THERE IS NO
FAILING OF THE WORKERS
COMPENSATION SYSTEM WITH REGARD
TO HEAT CLAIMS FILED BY
AGRICULTURAL WORKERS. A RECENT
STUDY BY KUCI SHOWS THAT LESS
THAN 1% OF ALL WORKER'S
COMPENSATION CLAIMS FILED BY
AGRICULTURAL WORKERS INVOLVE A
HEAT RELATED INJURY, AND THAT IS
THE SAME AS OTHER OUTDOOR
INDUSTRIES OF AGRICULTURAL
CLAIMS THAT ARE FILED. 89% ARE
ACCEPTED THAT 89% IS ACTUALLY
HIGHER THAN THE ACCEPTANCE RATES
FOR ALL OTHER WORKERS COMP
CLAIMS, AND IS HIGHER THAN
CLAIMS FOR THOSE OTHER OUTDOOR
INDUSTRIES. WORKER'S
COMPENSATION IS ITS OWN DELICATE
SYSTEM. AS THE ANALYSIS NOTES,
BOTH THIS LEGISLATURE AND THE
ADMINISTRATION HAVE STRESSED HOW
RARELY WE SHOULD ENACT NEW
WORKER'S COMPENSATION
PRESUMPTIONS. IT SHOULD ONLY BE
FOR UNIQUE CIRCUMSTANCES WHERE
IT IS DIFFICULT TO PROVE
CAUSATION AND THE DATA SHOWS US
THAT A PRESUMPTION IS WARRANTED,
BUT THAT IS NOT THE CASE HERE, A
COUPLE NOTES AS WELL ABOUT THE
MECHANICS. THE BILL IS A LITTLE
VAGUE AS FAR AS HOW THE
MECHANICS WOULD WORK. IT APPEARS
THAT THE CAB WOULD NEED TO HOLD
A FULL HEARING TO DETERMINE IF
THE PRESUMPTION APPLIES BECAUSE
OF SB 1127, WHICH WAS PASSED
SEVERAL YEARS AGO, THE TIMING
THAT YOU HAVE TO ADJUDICATE A
CLAIM DEPENDS ON WHETHER A
PRESUMPTION EXISTS, AND THE CODE
SECTION THAT THIS BILL WOULD
FALL INTO WOULD FALL UNDER THAT.
AND SO THERE, IN ADDITION TO
WHAT WE SEE AS A LACK OF DATA
SHOWING THAT A PRESUMPTION HERE
IS APPROPRIATE, WE ALSO HAVE
CONCERNS, REALLY, ABOUT THE
MECHANICS AND THE REALISTIC WAY
THAT THIS WOULD OPERATE, AND THE
OVERLAP BETWEEN WHAT CARB AND
CAL OSHA, AGAIN, AS THE ANALYSIS
DOES NOTE. SO WE SUPPORT THE
INCREASED STAFFING OF CAL OSHA.
WE SUPPORT INCREASED
ENFORCEMENT, BUT UTILIZING A
VERY UNIQUE WORKERS COMPENSATION
SYSTEM WITH ITS OWN UNIQUE
PROCEDURES TO ADDRESS THIS
SEPARATE PROBLEM. WHEN THE DATA
SHOWS US THAT THE SYSTEM ITSELF
IS FUNCTIONING WELL AND HOW IT'S
SUPPOSED TO WITH REGARD TO THESE
CLAIMS, WE DO NOT BELIEVE IS THE
RIGHT SOLUTION. THANK YOU. GOOD
AFTERNOON, CHAIR AND MEMBERS OF
THE COMMITTEE. MY NAME IS LAURA
CURTIS AND I'M HERE ON BEHALF OF
THE AMERICAN PROPERTY CASUALTY
INSURANCE ASSOCIATION. THANK YOU
SO MUCH FOR THE OPPORTUNITY TO
TESTIFY TODAY. OUR MEMBERS ARE
VERY SYMPATHETIC TO THIS ISSUE.
WE, TOO, WANT TO REDUCE THE RISK
AND EXPOSURE TO HEAT ILLNESS.
HOWEVER, WE DON'T BELIEVE THAT
SB 1299 IS THE RIGHT SOLUTION.
WE ALIGN OUR COMMENTS WITH THE
CHAMBER, BUT I'D LIKE TO
UNDERSCORE TWO POINTS ABOUT THIS
BILL. FIRST, AS THIS LEGISLATOR,
LEGISLATURE, AND THE
ADMINISTRATION HAVE RECOGNIZED
MANY TIMES, PRESUMPTIONS SHOULD
BE ISSUED SPARINGLY. JUST LAST
YEAR, GOVERNOR NEWSOM MADE CLEAR
IN SEVERAL VETO MESSAGES THAT
THE WORKERS COMP THAT IN THE
WORKERS COMPENSATION SYSTEM, A
PRESUMPTION MUST BE BASED ON
CLEAR AND COMPELLING EVIDENCE
BECAUSE THE PRESUMPTION IS NOT
REQUIRED FOR AN INJURY TO
ACTUALLY BE COMPENSABLE.
HOWEVER, THE PROPONENTS HAVE NOT
PROVIDED DATA SHOWING THE HIGH
RATE OF DENIED HEAT ILLNESS
CLAIMS OR A FAULT IN THE WORKERS
COMPENSATION SYSTEM ITSELF.
WITHOUT SUCH CLEAR AND
COMPELLING EVIDENCE, THIS BILL
FAILS TO PASS THE STANDARDS SET
BY THIS LEGISLATURE AND THE
ADMINISTRATION IN ESTABLISHING
PRESUMPTIONS. SECOND, INJURY IS
DEFINED IN SECTION B OF THE BILL
AS ANY HEAT RELATED INJURY,
ILLNESS, OR DEATH THAT DEVELOPS
OR MANIFESTS AFTER THE EMPLOYEE
WAS WORKING OUTDOORS OR WITHIN
THE PAY PERIOD IN WHICH THE
EMPLOYEE SUFFERS THE HEAT
RELATED ILLNESS, INJURY, OR
DEATH. SO THERE IS NO TIME LIMIT
AS TO WHAT WOULD CONSTITUTE
AFTER WORKING OUTDOORS. FOR THE
MAJORITY OF AGRICULTURAL
EMPLOYEES, A PAY PERIOD IS OFTEN
A WEEK, BUT FOR SEVERAL OTHERS,
SUCH AS DAIRY FARMING, THE PAY
PERIOD MAY BE AS MUCH AS A
MONTH, SO THE INJURY MUST
DEVELOP OR MANIFEST A WEEK OR A
MONTH AFTER THE EMPLOYEE IS
WORKING AND COULD INCLUDE, FOR
EXAMPLE, RETURNING HOME, WORKING
OUT, PLAYING SPORTS IN THE HIGH
HEAT. WHILE THE PRESUMPTION IS
TECHNICALLY REBUTTABLE, A REVIEW
OF SECTION 3395 SHOWS THAT THERE
ARE 73 INDIVIDUAL STANDARDS THAT
COULD TRIGGER THE PRESUMPTION
UNDER SB 1299, AND THEY DON'T
HAVE TO BE CAUSALLY, CAUSALLY
LINKED TO THE WORKER ITSELF. THE
PRESUMPTIONS ARE RARELY REBUTTED
BECAUSE THE VIRTUAL
IMPOSSIBILITY OF PROVING A
NEGATIVE RENDERS A PRESUMPTION
FUNCTIONALLY CONCLUSIVE. THUS,
1299 DEFINITION OF INJURY WOULD
ARGUABLY CREATE A PRESUMPTION OF
COVERAGE FOR AN EMPLOYEE WHO
SUFFERS A HEAT ILLNESS INJURY A
WEEK OR A MONTH AFTER WORKING
AND SUCH PRECEDENT WOULD UPEND
THE WORKER'S COMPENSATION
SYSTEM. FOR THESE REASONS, WE
RESPECTFULLY ASK FOR YOUR NO
VOTE. AGAIN, WE ARE VERY
SYMPATHETIC TO THE ISSUE. WE
JUST DON'T BELIEVE THAT SB 1299
IS THE RIGHT SOLUTION, AND THERE
IS NO FAULT IN THE WORKER'S
COMPENSATION SYSTEM ITSELF.
THANK YOU. THANK YOU. IS THERE
ADDITIONAL OPPOSITION? THANK
YOU, MADAM CHAIR AND MEMBERS,
JASON SCHMELTZER HERE ON BEHALF
OF THE CALIFORNIA COALITION ON
WORKER'S COMPENSATION AND
RESPECTFUL OPPOSITION, FAITH
FORGES ON BEHALF OF THE
CALIFORNIA ASSOCIATION OF JOINT
POWERS AUTHORITIES, RESPECTFULLY
OPPOSED TO THE SOURCE OF FUNDING
. MADAM CHAIR MEMBERS, CARLOS
GUTIERREZ, HERE ON BEHALF OF THE
CALIFORNIA FRESH FOOD
ASSOCIATION, CALIFORNIA COTTAGE
OWNERS AND GROWERS ASSOCIATION
AND THE STRAWBERRY COMMISSION IN
OPPOSITION. GOOD AFTERNOON,
MATTHEW ALLEN WITH WESTERN
GROWERS ASSOCIATION ALSO
OPPOSED. THANK YOU. GOOD
AFTERNOON, BRIAN LITTLE,
CALIFORNIA FARM BUREAU IN
OPPOSITION FOR THE REASONS
PREVIOUSLY STATED. THANK YOU,
THANK YOU. OKAY, I'M GOING TO
BRING IT BACK TO THE COMMITTEE
MEMBERS. SOME MEMBER
BAUER-KAHAN. THANK YOU. I JUST
WANT TO THANK THE AUTHOR FOR
THIS. I THINK THIS SEEMS SUPER
SIMPLE. IF YOU COMPLY WITH THE
RULES, THEN NOTHING CHANGES. SO
MAYBE WORKERS SHOULD JUST COMPLY
WITH THE HEAT STANDARD
REGULATIONS AND THEN THEY WON'T
BE BROUGHT IN AS PRESUMPTION. SO
I THINK IT SEEMS LIKE AN OBVIOUS
STEP FORWARD THAT WILL PROTECT
PEOPLE. AND WHAT IS A RAPIDLY
CHANGING CLIMATE. SO I'M HAPPY
TO SUPPORT IT TODAY. THANK YOU.
THANK YOU. OKAY, OKAY. DO WE
OKAY. WE DON'T HAVE A QUORUM. SO
WOULD YOU LIKE TO CLOSE SENATOR,
YES I WOULD, AND LET ME JUST
SAY, VERY RESPECTFULLY TO THE
OPPOSITION RATHER THAN, REBUT
ANYTHING THAT THEY SAID ON ON
VERY PRACTICAL ISSUES REGARDING
TIMING AND SO FORTH, WE'RE MORE
THAN HAPPY TO ENTERTAIN
AMENDMENTS THAT WOULD WOULD DEAL
WITH THOSE ISSUES WHILE WE STILL
HAVE TIME TO DO THAT, BUT WE TOO
BELIEVE IT'S A VERY
STRAIGHTFORWARD BILL, SIMPLY
SHIFTING THE PRESUMPTION IN
CASES OF HEAT ILLNESS. AND WE
REALLY APPRECIATE THE
COMMITTEE'S, HELP AS WE CAME
INTO THIS COMMITTEE WITH THIS
BILL, AND THE CHAIR'S HELP AND
THE COMMENTS THAT HAVE ALREADY
BEEN MADE, I'D RESPECTFULLY ASK
FOR YOUR I VOTE. THANK YOU,
SENATOR, AND WE'LL TAKE IT UP
WHEN WE HAVE THAT. THANK YOU.
OKAY. SENATOR ASHBY, WHENEVER
YOU'RE READY TO PRESENT ON SB
1058.
HI, COLLEAGUES. GOOD. IS IT
AFTERNOON YET? AFTERNOON. ALL
RIGHT. THANKS FOR HAVING US.
WHENEVER YOU'RE READY, SENATOR.
OKAY. GO AHEAD. THANK YOU SO
MUCH. THANKS FOR HAVING US. I'M
HERE TODAY TO PRESENT SB 1058,
WHICH EXTENDS WORKER'S
COMPENSATION AND DISABILITY
PROTECTIONS TO COUNTY AND
SPECIAL DISTRICT PARK RANGERS.
PARK RANGERS ACROSS THE STATE
SERVE A VARIETY OF FUNCTIONS,
INCLUDING PROTECTING REGIONAL
PARKS, WILDFIRE, AND THE PUBLIC
VISITING THESE AREAS.
ADDITIONALLY, PARK RANGERS
ENFORCE INFRACTIONS,
MISDEMEANORS, AND FELONIES IN
OUR PARKS LANDS IN SACRAMENTO
COUNTY ALONE. OUR PARK RANGERS
THIS YEAR HAVE MADE 328 ARRESTS
AND ISSUED 89 FELONY CITATIONS
OR ARRESTS. IN ORDER TO DO THIS,
PARK RANGERS MUST COMPLETE
EXTENSIVE TRAINING AND ARE
REQUIRED TO COMPLETE A POST
CERTIFIED ACADEMY IN ORDER TO BE
HIRED BY THEIR COUNTY OR SPECIAL
DISTRICT. OFTENTIMES, THESE PARK
RANGERS ARE THE FIRST POINT OF
CONTACT FOR DISTURBANCES FACING
SIMILAR RISKS TO OTHER LAW
ENFORCEMENT AGENCIES ACROSS OUR
REGION. HOWEVER, DESPITE ALL OF
THIS, THESE PARK RANGERS ARE NOT
GIVEN THE SAME WORKERS
COMPENSATION AND DISABILITY
PROTECTIONS GRANTED TO THE STATE
PARK RANGERS OR TO OTHER LAW
ENFORCEMENT AGENCIES UNDER THE
CALIFORNIA LABOR CODE. IN FACT,
SOME COUNTIES RELY ON DEPUTY
SHERIFFS OR POLICE OFFICERS TO
FILL THEIR PARK RANGER
POSITIONS. FURTHER EMPHASIZING
BOTH THE OVERLAP IN
RESPONSIBILITIES AND DUTIES AND
THE DISPARITY IN PROTECTIONS. SB
1058 AMENDS THE LABOR CODE TO
SAFEGUARD PARK RANGERS ON THE
FRONT LINES, ADDRESSING BLATANT
GAPS IN WORKER'S COMPENSATION
AND DISABILITY PROTECTIONS. WITH
ME TO TESTIFY TODAY IS CHIEF
ORMAN, THE CHIEF RANGER FROM THE
SACRAMENTO COUNTY REGIONAL
PARKS, AND RANDY BICKEL, WHO IS
THE PRESIDENT OF THE SACRAMENTO
COUNTY CRIMINAL JUSTICE
EMPLOYEES UNION. HI. AS SHE
STATED, I'M THE CHIEF RANGER.
I'VE BEEN THERE FOR SINCE ABOUT
2017, CHIEF RANGER FOR ABOUT
THREE AND A HALF YEARS. IT'S AN
HONOR TO SPEAK BEFORE YOU ON
THIS IMPORTANT ISSUE, OUR
RANGERS ARE RESPONSIBLE FOR
PUBLIC SAFETY, IN OUR REGIONAL
PARKS AND OPEN SPACE THROUGHOUT
SACRAMENTO COUNTY. OUR MOST
POPULAR AND WELL-KNOWN AREA OF
RESPONSIBILITY IS THE 23 MILES
OF THE AMERICAN RIVER PARKWAY IN
THE LAST 10 TO 15 YEARS, OUR
AGENCY HAS TRANSFORMED AND
EVOLVED FROM AN INTERPRETIVE
RANGER AGENCY TO A STRICTLY LAW
ENFORCEMENT, RANGER
ORGANIZATION, WHERE WE'RE
DEALING WITH PUBLIC SAFETY
ISSUES FULL TIME. IN 2023, WE
MADE APPROXIMATELY 1500 ARRESTS
IN OUR PARKS. 350 OF THOSE WERE
FELONIES, INCLUDING VIOLENT
CRIMES, FIREARMS AND DRUG
DISTRIBUTION, JUST LAST WEEK, WE
ASSISTED RANCHO CORDOVA THAT HAD
THREE PEOPLE SHOT IN THEIR CITY,
OUR RANGERS RESPONDED AND
ARRESTED THE SUSPECT IN THAT
CASE, HAD OUR RANGER BEEN ISSUED
OR. EXCUSE ME, BEEN INJURED
DURING THAT APPREHENSION, THEY
WOULD HAVE BEEN TREATED VASTLY
DIFFERENT THAN IF A REGULAR
PEACE OFFICER, WORKING FOR
RANCHO CORDOVA POLICE
DEPARTMENT, WAS THE PERSON
INJURED, THE DISPARITIES ARE
GREAT IN HOW THEY GET TREATED,
ESPECIALLY IF THEY END UP WITH A
DISABILITY RETIREMENT. THIS IS A
STATEWIDE ISSUE FOR RANGERS.
IT'S A MATTER OF EQUITY,
FURTHERMORE, FOR US THAT ARE
RESPONSIBLE FOR RECRUITING,
HIRING AND RETAINING FOLKS, IT'S
A REAL ISSUE. WE HIRE A LOT OF
ACADEMY STUDENTS, PUT THEM
THROUGH THE ACADEMY, THEY GET
OUT OF THE ACADEMY, AND AFTER A
LITTLE WHILE, THEY FIGURE OUT
THEY'RE TREATED DIFFERENT. AND
IF THEY'RE, UNFORTUNATELY, MY
MOST VALUED EMPLOYEES APPLY TO
OTHER AGENCIES. I WAS NOTIFIED
YESTERDAY THAT TWO ARE LEAVING
ME FOR OTHER, MAINSTREAM POLICE
DEPARTMENTS IN THIS REGION. AND
THEIR MAIN REASON IS PAY AND
BENEFITS, INCLUDING 48, 50
DISABILITY, IT'S VERY HARD FOR
US TO MAINTAIN OUR NUMBERS AND,
ANYWAY, I THANK YOU FOR TAKING
THE TIME TO HEAR WHAT I HAD TO
SAY. AND, YOUR HELP IN THIS
ENDEAVOR. GOOD AFTERNOON, CHAIR
CALDERON AND HONORABLE COMMITTEE
MEMBERS. MY NAME IS RANDY
BICKEL. I'M THE PRESIDENT OF THE
LABOR UNION THAT REPRESENTS THE
SACRAMENTO COUNTY REGIONAL PARK
RANGERS. PARK RANGERS ARE THE
FIRST RESPONDERS THAT PROVIDE
SAFETY FOR PARK PATRONS, RESPOND
TO EMERGENCIES, RENDER FIRST AID
LIFE SAVING TECHNIQUES, CONDUCT
WATER RESCUES, PUT OUT WILDLAND
FIRES, CONDUCT SEARCH AND
RESCUE, AND THEY MAKE ARRESTS.
THE COUNTY AND SPECIAL DISTRICT
PARK RANGERS ATTEND THE SAME
STANDARDIZED POLICE ACADEMIES
THAT ARE CERTIFIED THROUGH
EITHER THE CALIFORNIA PEACE
OFFICER STANDARDS AND TRAINING
OR THE 14 PLUS WEEK NATIONAL
PARK RANGER. LAW ENFORCEMENT
ACADEMY. COUNTY PARKS AND
SPECIAL DISTRICT PARKS HAVE
BECOME POPULAR LOCATION FOR THE
UNHOUSED, AND PARKS HAVE SEEN AN
UPTICK IN HOMELESS ENCAMPMENTS.
THIS HAS BROUGHT AN INCREASING
CHALLENGES TO THE PARK RANGERS
DEALING WITH ILLEGAL DRUG USE,
DRUG SALES AND, UNFORTUNATELY,
OVERDOSES. CRIMINAL ACTIVITY IS
ON THE RISE, INCLUDING CRIMES OF
VIOLENCE. AS YOU JUST HEARD, I
SERVED AS A SERGEANT WITH THE
SACRAMENTO COUNTY REGIONAL PARK
RANGERS FOR FOUR YEARS. I
PREVIOUSLY SERVED AS 30 YEARS AS
A LAW ENFORCEMENT OFFICER IN THE
BAY AREA, AS A POLICE OFFICER,
I'M NOW CURRENTLY INVESTIGATOR
WITH THE SACRAMENTO COUNTY
PUBLIC DEFENDER'S OFFICE, AND
THROUGH THAT EXPERIENCE, I HAVE
WITNESSED FIRSTHAND THE DANGERS
THAT COUNTY PARK RANGERS FACE
DAILY. SEVERAL INJURIES RANGERS
SUSTAINED IN THE PERFORMANCE OF
THEIR DUTIES. PARK RANGERS NOT
ONLY OF THE SACRAMENTO COUNTY,
BUT OF SEVERAL COUNTIES AND
SPECIAL DISTRICTS STATEWIDE, ARE
DOING THE BRAVE WORK OF
EMERGENCY FIRST RESPONDERS. THEY
ARE PUTTING THEMSELVES IN DANGER
TO PROTECT OTHERS, KEEPING OUR
PARKS AND OPEN SPACES SAFE WHILE
PROTECTING THE NATURAL
RESOURCES. THEY ARE THE POLICE
OFFICERS OF THE PARKS, SWORN AND
CERTIFIED TO PROTECT PARK
PATRONS. WE RESPECTFULLY ASK
THAT YOU PROTECT THEM BY
SUPPORTING SENATE BILL 1058 AND
EXTENDING THE SAME DISABILITY
BENEFITS AS DEFINED UNDER
SECTION 4850 OF THE CALIFORNIA
LABOR CODE, TO INCLUDE THEM LIKE
OTHER PEACE OFFICERS, UP AND
DOWN THE STATE. THANK YOU. THANK
YOU. DO WE HAVE ADDITIONAL
SUPPORT IN THE ROOM, MADAM CHAIR
MEMBERS RANDY PERRY WITH AARON
REED AND ASSOCIATES, ON BEHALF
OF PORAC AND FULL SUPPORT.
THANKS ALEXANDER. PRESIDENT
MID-PENINSULA RANGERS. PEACE
OFFICERS ASSOCIATION IN SUPPORT.
DO WE HAVE ANY PRIMARY
OPPOSITION IN THE ROOM?
CHAIRED MEMBERS. FAITH BURGESS,
ON BEHALF OF THE CALIFORNIA
ASSOCIATION OF JOINT POWERS
AUTHORITIES HERE TODAY IN
RESPECTFUL OPPOSITION TO SENATE
BILL 1058. CURRENTLY, SOME BUT
NOT ALL STATUTORILY IDENTIFIED
CATEGORIES OF SAFETY OFFICERS
ARE PROVIDED THEIR FULL SALARY
IN LIEU OF TEMPORARY DISABILITY
FOR UP TO ONE FULL YEAR PER
INJURY WITHOUT TAXATION,
REGARDLESS OF THEIR PERIOD OF
SERVICE. WHEN AN OFFICER
RECEIVES RECEIVES THIS BENEFIT
PURSUANT TO LABOR CODE 4850,
THEIR NET PAY IS HIGHER THAN
WHEN THEY WERE WORKING OR WOULD
BE IF THEY RETURNED TO WORK,
WHICH CAN PROVIDE A DISINCENTIVE
TO DO SO. SB 1058 WOULD PROVIDE
TAXPAYER FUNDED YET TAX FREE TO
THE OFFICER FULL SALARY,
CONTINUATION BENEFITS TO PARK
RANGERS AND HOUSING AUTHORITY
PATROL OFFICERS WORKING FOR
EVERY COUNTY AND SPECIAL
DISTRICT IN THE STATE IN LIEU OF
TEMPORARY DISABILITY BENEFITS IF
THEY'RE HURT AT WORK. WE ARE NOT
AWARE OF ANY OBJECTIVE EVIDENCE
OF A SPECIFIC NEED FOR THIS
EXPANSION OF TAXPAYER FUNDED
SALARY CONTINUATION BENEFITS. TO
DEMONSTRATE THIS BENEFIT IS
APPROPRIATE FOR THESE
CLASSIFICATIONS, AND THERE HAS
BEEN NO EVALUATION OF THE COST
TO OUR LOCAL GOVERNMENT MEMBERS,
MANY OF WHOM ARE STRUGGLING TO
MEET THE DEMAND FOR PUBLIC
SERVICES. LOCAL AGENCIES
TYPICALLY FUND WORKERS
COMPENSATION COSTS OUT OF THEIR
GENERAL FUND THROUGH A NOT FOR
PROFIT JPA, AND EVERY DOLLAR
SPENT ON SPECIAL ENHANCED
BENEFITS IS DIVERTED FROM FUNDS
USED FOR PUBLIC SERVICE. FUNDING
FOR THIS ENHANCED BENEFIT
PROPOSED BY SENATE BILL 1058
WILL COME OUT OF LOCAL
GOVERNMENT BUDGETS AND OUR
COALITION WOULD URGE THE
LEGISLATURE TO EXAMINE THE
JUSTIFICATION AND THE COST
RELATED TO THE PROPOSAL BEFORE
DOING SO. FOR THESE REASONS,
WE'RE RESPECTFULLY OPPOSED. DO
WE HAVE ANY ADDITIONAL
OPPOSITION IN THE ROOM? YEAH.
MADAM CHAIR, MEMBERS JULIE
MALINOWSKI BALL, ON BEHALF OF
THE MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT, WE CAME WITH A
LATE OPPOSE AND LESS AMENDED
POSITION. WE'RE ASKING FOR AN
EXEMPTION FOR OUR PARK RANGERS
WHO DO NOT CARRY WEAPONS. WE
HOPE THAT WOULD BE SATISFACTORY.
AND THEN WE WOULD MOVE OUR
OPPOSITION. THANK YOU. THANK
YOU, MADAM CHAIR. MEMBERS. JASON
SCHMELTZER HERE ON BEHALF OF THE
CALIFORNIA COALITION ON WORKERS
COMPENSATION AND PRISM, PUBLIC
RISK INNOVATION SOLUTIONS AND
MANAGEMENT AND RESPECTFUL
OPPOSITION. OKAY, I'LL BRING IT
BACK TO THE COMMITTEE. DO WE
HAVE ANY QUESTIONS? SEEING NONE,
SENATOR, WOULD YOU LIKE TO CLOSE
? SURE. JUST ADDRESS A COUPLE OF
THE CONCERNS AND THEN ASK YOU
FOR AN AYE VOTE. FIRST OF ALL,
THIS IS THIS BILL HAS SUPPORT
FROM THE SACRAMENTO CRIMINAL
JUSTICE EMPLOYEES UNION AND AS
WELL AS THE FRATERNAL ORDER OF
POLICE AND PORAC AND ALSO
SACRAMENTO COUNTY AND THE
SACRAMENTO COUNTY BOARD OF
SUPERVISORS, WHICH IS WHERE THE
BULK OF THESE INDIVIDUALS WILL
COME FROM. THERE ARE FEWER THAN
500 FOLKS STATEWIDE, NOT COVERED
BY THIS PROVISION. MOST OF THEM
ARE IN SACRAMENTO OR IN SENATOR
CORTEZ'S DISTRICT, WHICH IS WHY
HE'S THE COAUTHOR OF THIS BILL.
AT ITS HEART, THIS IS A WORKERS
RIGHTS BILL. SOMEONE IN LA
COUNTY HAD THE GOOD SENSE OF
DOING THIS ALREADY. SO THE LA
COUNTY PARKS FOLKS ARE ALREADY
COVERED, BUT THEY'RE THE ONLY
COUNTY. SO, THEY HAVE THE SAME
JOB REQUIREMENTS. THEY HAVE THE
SAME JOB DUTIES. THEY HAVE THE
SAME RISKS, BUT THEY HAVE
DIFFERENT PROTECTIONS. I'M
ASKING YOU TO HELP ME REMEDY
THAT URGE, AND I VOTE. THANK
YOU. SENATOR, IT'S APPROPRIATE
TIME. WE'LL BRING THIS UP. THANK
YOU SO MUCH. THANK YOU SO MUCH.
THANK YOU, MADAM CHAIR. THANK
YOU.
THANKS, GUYS. SO. OKAY. WE'RE
WAITING FOR AUTHORS, WE'RE
WAITING FOR SENATOR DURAZO.
SENATOR LEAD LAIRD AND SENATE
MAJORITY LEADER GONZALEZ.
WE ALSO NEED ASSEMBLY MEMBERS,
WHO SERVE ON THE INSURANCE
COMMITTEE. WE NEED TO GET A
QUORUM. SO PLEASE COME TO
COMMITTEE.
OKAY THAT MEANS. NO. NO. IT'S
QUIET. JUST.
OKAY, MEMBERS, WE'RE GOING TO
ESTABLISH A QUORUM. SECRETARY,
CALL THE ROLL, FOLKS NEED TO
KEEP IT DOWN, PLEASE. THANK YOU.
CALDERON PRESIDENT CALDERON
HERE. CHEN CHEN HERE. ALVAREZ.
BAUER KHN IS HERE. BACH. BERMAN
HERE. BERMAN. HERE. MCKENNA. LEE
LOWENTHAL. LOWENTHAL, HERE.
ORTEGA. ORTEGA. HERE. JOE
PATTERSON. PETRIE-NORRIS RUBIO.
RUBIO. HERE. VALENCIA WALLACE.
WALLACE. HERE. WOULD.
OKAY. WE NEED A MOTION ON AND A
SECOND ON FILE ITEM ONE, SB
1299. CORTEZ. SB 1058. I'M SORRY
. ASHBY. FILE ITEM NUMBER ONE,
SB 1058. ASHBY MOTION IS DUE.
PASS. CALDERON I CALDERON I CHEN
CHEN I ALVAREZ. ALVAREZ I BAUER.
KHN. BAUER KHN I BERMAN.
BERMAN I MCKENNA. LEE.
LOWENTHAL. LOWENTHAL I. ORTEGA.
ORTEGA I. PATTERSON
PETRIE-NORRIS RUBIO. RUBIO I
VALENCIA. WALLACE. WALLACE. I
WOULD. OKAY. FILE ITEM THREE. WE
NEED A MOTION AND A SECOND. THIS
IS SB 1299 BY SENATOR CORTEZ.
SECOND. SECRETARY, CALL THE ROLL
FILE. ITEM NUMBER THREE, SB
1299. CORTEZ. MOTION IS DUE.
PASS TO APPROPRIATIONS. CALDERON
I, CALDERON I CHEN. CHEN NØ
ALVAREZ. ALVAREZ I. BAUER KHN
BAUER KHN I BERMAN. BERMAN I
KENNER. LEE LOWENTHAL. LOWENTHAL
I ORTEGA. ORTEGA I JO. PATTERSON
PETRIE-NORRIS. RUBIO. RUBIO NOT
VOTING VALENCIA. WALLACE.
WALLACE NØ WOULD.
OKAY. THAT'S GOING TO BE ON CALL
. OKAY. ON THE CONSENT CALENDAR,
WE NEED A MOTION AND A SECOND,
PLEASE. DO I HAVE A SECOND? OKAY
CONSENT CALENDAR FILE, ITEM
NUMBER FOUR, SB 1090 DURAZZO.
MOTION IS DUE. PASS TO
APPROPRIATIONS RECOMMENDED
CONSENT FILE. ITEM NUMBER FIVE,
SB 1217. GLAZIER. MOTION IS DUE.
PASS TO APPROPRIATIONS.
RECOMMENDED CONSENT FILE. ITEM
NUMBER SEVEN SB 577. HURTADO
MOTION IS DUE PASSED TO
APPROPRIATIONS. RECOMMEND
CONSENT FILE ITEM NUMBER TEN SB
1295. RUBIO DO PASS RECOMMENDED
CONSENT. CALDERON I, CALDERON I
CHEN CHEN I, ALVAREZ. ALVAREZ I,
BAUER BAUER-KAHAN, BARRAGAN I,
BERMAN. BERMAN I MCKENNA. LEE LI
I LOWENTHAL. LOWENTHAL, I
ORTEGA. ORTEGA I, JO. PATTERSON
PETRIE-NORRIS. RUBIO. RUBIO I
VALENCIA. WALLACE. WALLACE I
WOULD.
NOT BE THERE. OKAY, OKAY. MAYBE
YOU'RE GOING TO BE. I THINK
WE'RE GOING TO LIFT THE CALL ON
FILE ITEM ONE AND FILE ITEM
THREE, FILE ITEM NUMBER ONE SB
1058. LEE LI I. FILE ITEM NUMBER
THREE, SB 1299. LEE LEE I.
THAT BILL IS ON CALL AND WE'RE
JUST WAITING FOR AUTHORS OR
OTHERS.
WELCOME. SENATE MAJORITY LEADER
GONZALEZ, WHENEVER YOU'RE READY.
HELLO WHENEVER YOU'RE READY.
PRESENT ON SB 370.
INCREASING HOME INSURANCE FINDER
TOOLS, SB 370 ENHANCES THE
PUBLIC'S AWARENESS OF AVAILABLE
INSURANCE COVERAGE OPTIONS BY
REQUIRING AGENTS AND BROKERS TO
PROVIDE A PERSON WHO IS SEEKING
PROPERTY INSURANCE COVERAGE WITH
INFORMATION ABOUT THE CALIFORNIA
HOME INSURANCE FINDER TOOL. BUT
IN ADDITION TO THAT, THE FAIR
PLAN AS WELL. AND WE WANT TO
JUST BRIDGE THE GAP WITH
INFORMATION FOR ALL IN
CALIFORNIA AND TESTIFYING IN
SUPPORT TODAY, I HAVE LEE
KAMERICK, POLICY ADVOCATE FOR
THE RURAL COUNTY
REPRESENTATIVES. GOOD AFTERNOON.
LEE KAMERICK WITH THE RURAL
COUNTY REPRESENTATIVES OF
CALIFORNIA, WE ARE PLEASED TO
SUPPORT THE BILL WHEN RESIDENTS
ARE NON-RENEWED AND LOOKING FOR
AVAILABLE AND AFFORDABLE
INSURANCE COVERAGE, THEY OFTEN
DON'T KNOW WHERE TO START AND
WHAT TOOLS ARE AVAILABLE TO HELP
THEM. SO THE HOME INSURANCE
FINDER TOOL SHOULD BE BETTER
UTILIZED. AND CERTAINLY BEFORE
CUSTOMERS SETTLE FOR LAST RESORT
OPTIONS. AND FOR THESE REASONS,
WE ASK FOR YOUR AYE VOTE. THANK
YOU. DO WE HAVE ANY ADDITIONAL
SUPPORT IN THE ROOM? MOVE THE
BILL. SECOND. OKAY. DO WE HAVE
ANY OPPOSITION TO THIS BILL?
YEAH. JULIE MALINOWSKI PAUL, ON
BEHALF OF THE FAIR PLAN, JUST
WANTED TO NOTE WE HAVE A NEUTRAL
POSITION. THANK YOU. OKAY, I'LL
BRING IT BACK TO THE COMMITTEE
MEMBERS. ANY QUESTIONS?
ASSEMBLYMAN BERMAN, I FEEL LIKE
WE WAITED A WHILE FOR SOME
ACTION IN THE COMMITTEE HEARING,
AND THIS IS HAPPENING TOO
QUICKLY. SO IF YOU COULD JUST
LIKE, EXPOUND UPON. NO. JUST
KIDDING. HAPPY TO SUPPORT THE
BILL. I'M LIKE, I CAN'T ANSWER
THAT QUESTION FOR YOU, MADAM
SECRETARY. CALL THE ROLL. OH,
I'M SORRY, WOULD YOU LIKE TO
CLOSE? RESPECTFULLY. THANK YOU,
MADAM CHAIR. YOU'RE WELCOME.
PLEASE CALL THE ROLL. FILE ITEM
NUMBER SIX, SB 370 CHEN. SENATOR
GONZALEZ. MOTION IS Dð PASS TO
APPROPRIATIONS. CALDERON I
CALDERON AYE. CHEN CHEN. AYE.
ALVAREZ BAUER-KAHAN BERMAN.
BERMAN. AYE. MCKINNEY. LEE I
LEE. AYE. LOWENTHAL. LOWENTHAL.
I ORTEGA. ORTEGA. AYE. JO.
PATTERSON PETRIE-NORRIS. RUBIO.
RUBIO AYE. VALENCIA. WALLACE.
WALLACE I WOULD. OKAY. THAT'S
GOING TO STAY ON CALL. THANK
YOU. SENATOR. MAJORITY LEADER
NØ. YEAH. YEAH. I WAS LIKE, I
SHOULD. DO THE.
OKAY. WE'RE GOING TO ADD ON TO
FILE ITEM NUMBER SIX, SB 370.
GONZALEZ. BAUER-KAHAN. AYE.
BAUER-KAHAN. AYE.
YEAH YEAH. AND GET THERE EARLY.
WE'RE. YEAH, EXACTLY. I'VE DONE
THAT MYSELF. YES. WE CAN HAVE
ONE.
AYE. GÒM.
OKAY. WE'RE GOING TO DO ADD ONS.
SECRETARY, PLEASE CALL THE ROLL.
CONSENT CALENDAR. MCKENNA.
MCKENNA. AYE PETRIE-NORRIS. AYE.
PETRIE-NORRIS AYE. FILE ITEM
NUMBER ONE. SB 1058. MCKENNA.
MCKENNA. AYE PETRIE-NORRIS.
PETRIE-NORRIS. AYE FILE. ITEM
NUMBER THREE. SB 1299.
PETRIE-NORRIS AYE. PETRIE-NORRIS
AYE. MCKENNA KENNER. AYE FILE
ITEM NUMBER SIX, SB 370 MCKENNA.
MCKENNA. AYE PETRIE-NORRIS.
PETRIE-NORRIS AYE.
ATTORNEY GENERAL.
THERE'S A PROBLEM. I JUST GOT IN
YOUR FACEBOOK.
OKAY. HE'S THE VICE CHAIR. YEAH.
WHAT KIND OF SIX. SEVEN? EIGHT.
OH, I MADE SURE. YES. AT THIS
RATE. THERE'S LIKE. A COUPLE.
YEAH, YEAH. YEAH.
WE HAVE NO OTHER. I THINK I KNOW
WHAT TO DO THERE. NO. YES.
OKAY. WE'RE WAITING FOR AUTHORS.
WE'RE WAITING FOR SENATOR
DURAZZO AND SENATOR LAIRD.
PLEASE COME TO THE ASSEMBLY
INSURANCE COMMITTEE IN THE
CAPITOL.
SO MY. OKAY. WE'RE GOING TO TAKE
A FIVE MINUTE RECESS. WE'LL
CONVENE IN FIVE MINUTES. IN THE
FIVE MINUTES?
OKAY. WE'RE RECONVENING THE
ASSEMBLY INSURANCE COMMITTEE.
WELCOME. SENATOR DURAZZO.
WHENEVER YOU'RE READY, GO AHEAD
AND PRESENT ON SB 1116. THANK
YOU VERY MUCH. AND I APPRECIATE
APPRECIATE YOUR PATIENCE. I
UNDERSTAND IT'S A BUSY DAY,
AGAIN, THANK YOU, MADAM CHAIR.
AND MEMBERS, I AM JOINT AUTHOR
OF SB 1116 AND HERE TO PRESENT
ON BEHALF OF SENATOR PORTANTINO,
SB 1116 WILL ALLOW WORKERS TO GO
ON STRIKE FOR MORE THAN TWO
WEEKS TO BECOME ELIGIBLE FOR UI
BENEFITS. WE ARE PREPARED TO
AMEND THIS BILL TO CLARIFY THAT
IT ONLY APPLIES TO STRIKES.
QUOTE, OVER WAGES, WORKING
CONDITIONS OR OTHER EMPLOYER
PRACTICES RELATED TO COLLECTIVE
BARGAINING AS DEFINED BY STATE
AND FEDERAL LAW. END QUOTE. WHEN
I LED THE HOTEL WORKERS UNION, I
SAW FIRST HAND THE INCREDIBLE
COURAGE WORKERS HAVE TO STAND UP
AND DEMAND RESPECT AND FAIR
WAGES. I ALSO SAW FIRSTHAND THE
EXTREME HARDSHIPS FAMILIES FACE
WHEN ON STRIKE. THEY DON'T TAKE
IT LIGHTLY. I SAW EXAMPLES OF
WORKERS LOSING THEIR HOMES AND
UNABLE TO PUT FOOD ON THE TABLE,
SIMPLY BECAUSE THEY WERE
EXERCISING THEIR RIGHT TO TRY TO
EARN A BETTER LIVING. PROLONGED
STRIKES ARE NOT JUST DEVASTATING
TO THE WORKERS AND THEIR
FAMILIES. THEY IMPACT THE WHOLE
ECONOMY. THAT'S WHY WHEN THE
HOLLYWOOD UNIONS WERE ON STRIKE,
MANY LOCAL BUSINESSES IN LOS
ANGELES EXPRESSED SUPPORT FOR
THIS BILL, ALLOWING UI BENEFITS
FOR WORKERS ON STRIKE IS A
LIFELINE FOR THE WHOLE
COMMUNITY. UI BENEFITS DON'T
COME CLOSE TO COVERING A
WORKER'S ACTUAL SALARY. THIS IS
A BASIC LIFELINE TO HELP
FAMILIES SURVIVE, KEEP A ROOF
OVER THEIR HEAD AND FOOD ON THE
TABLE. WORKERS DO NOT GO ON
STRIKE BECAUSE THEY WANT TO.
THEY DO SO AS A LAST RESORT, AS
THE ONLY WAY TO GET FAIR WORKING
CONDITIONS. WHILE THE MAJORITY
OF STRIKES DID NOT LAST LONG
ENOUGH TO QUALIFY UNDER THIS
BILL FOR WORKERS IN PROLONGED
STRIKES, IT WILL BE LIFE
CHANGING. WE HAVE TWO, PEOPLE
HERE TODAY, MEMBERS OF UNITED
FOOD AND COMMERCIAL WORKERS, AND
MY OWN UNION UNITE HERE TO SHARE
THEIR STORIES ABOUT WHY THIS
BILL IS SO IMPORTANT TO THE
LABOR MOVEMENT. I RESPECTFULLY
ASK FOR YOUR AYE VOTE. THANK
YOU. WHENEVER YOU'RE READY. GOOD
AFTERNOON. MY NAME IS VICTOR
VALENCIANO AND I HAVE BEEN A
GROCERY WORKER FOR 44 YEARS WITH
VONS AND A PROUD LOCAL UFCW 1428
MEMBER. I WAS ON STRIKE FOR 141
DAYS IN 2003, AND FOR THE
LARGEST STRIKE IN HISTORY, AND I
WITNESSED FIRSTHAND THE
HARDSHIPS OF GOING ON STRIKE FOR
MYSELF, MY COWORKERS AND OUR
COMMUNITY. WHILE THIS WAS 20
YEARS AGO, I REMEMBER IT LIKE IT
WAS YESTERDAY. AT THE TIME OF
THE STRIKE, I WAS BATTLING
CANCER AND WAS IN THE MIDDLE OF
RECEIVING TREATMENT WHEN WE WENT
ON STRIKE. I WAS VERY WORRIED
ABOUT WHETHER I WAS GOING TO BE
ABLE TO AFFORD COBRA HEALTH
INSURANCE. MY DOCTOR PAYMENTS,
MEDICAL TREATMENTS. ON TOP OF
THAT, MY RENT, CAR PAYMENT, FOOD
AND OTHER BILLS. IT WAS A VERY
STRESSFUL AND MENTALLY
EXHAUSTING TIME. I WOULD OFTEN
STAY AWAKE AT NIGHT WORRYING
ABOUT IF I WAS GOING TO HAVE TO
STOP MY TREATMENTS, FIND A NEW
DOCTOR. AND, PAY FOR MY
MEDICATION. I WAS ONE OF THE
LUCKY ONES. MANY OF MY COWORKERS
WEREN'T SO LUCKY. ONE OF MY
COWORKERS WAS A SINGLE MOTHER
WITH TWO YOUNG DAUGHTERS, AND
WAS ASHAMED OF NEEDING
ASSISTANCE FROM FOOD BANKS, BUT
THAT WAS HER ONLY SAFETY NET
THAT SHE COULD PUT FOOD ON HER
TABLE. THE STRIKE REALLY TOOK A
TOLL ON HER AND HER DAUGHTERS.
IF WE HAD THE PROTECTION FROM
THIS BILL IN 2003, AND FOR OUR
FUTURES, TODAY WOULD BE A LOT
DIFFERENT. WE WOULD BE ABLE TO
SLEEP AT NIGHT KNOWING WE COULD
COVER OUR BASIC NEEDS FOR OUR
FAMILIES. SOME COWORKERS MIGHT
NOT HAVE LOST THEIR HOMES, THEIR
CARS, AND BEEN MORE FINANCIALLY
SECURE THAN THEY HAVE BEEN IN
THE LAST 20 YEARS. OUR EMPLOYERS
EXTENDED THE STRIKE FOR AS LONG
AS THEY COULD TO WEAR US DOWN
AND FORCE US TO GIVING AND
SLASHING OUR HEALTH CARE
BENEFITS, PUTTING OUR HEALTH AND
LIVES AT RISK. SB 1116 MAKES
SURE WE HAVE A LEVEL PLAYING
FIELD WITH OUR EMPLOYERS. WHEN
WE EXERCISE OUR RIGHT TO STRIKE.
THIS IS WHY I ASKED FOR YOUR
SUPPORT FOR WORKERS LIKE ME THAT
YOU SUPPORT THIS BILL TODAY.
THANK YOU FOR YOUR TIME. HI, MY
NAME IS, EVA ORTEGA. I'M A FLOOR
SERVER FOR CACHE CREEK CASINO
RESORT FOR 20 YEARS. THE
EMPLOYEES RIGHT NOW, THEY'RE,
THEY HAVE ALL THE POWER TO
DECIDE HOW MUCH WE SHOULD GET
PAID, HOW IT'S GOING TO BE THE
WORK CONDITIONS WE DON'T HAVE,
NO POWER, AS EMPLOYEE, AS A
WORKER, ESPECIALLY WHEN THERE'S
NO UNION AROUND THE, THE
COMPANIES. IT'S REALLY HARD, THE
PAY THAT WE GET IS NOT ENOUGH.
THINKING ABOUT A STRIKE. IT'S
HARD. IT'S HARD BECAUSE WE HAVE
FAMILIES. WE HAVE TO BRING FOOD
AT HOME. WE HAVE, WE HAVE TO
PROVIDE. SOMETIMES IT'S JUST
HARD WITH THE PAY, AND WE DON'T.
WE DON'T WORK. WE LIVE HERE IN
CALIFORNIA. IT'S REALLY
EXPENSIVE. IT'S NOT EASY WHEN.
WHEN IT ASKED ME IF I WANT TO BE
IN A STRIKE, I THINK ABOUT IT
TWICE BECAUSE I HAVE TO BRING
FOOD HOME. BUT I HAVE TO DO WHAT
I HAVE TO DO TO TRY TO BRING
FOOD HOME. IT'S NOT FAIR FOR US
TO BE IN STRESS IF WE CAN HAVE
SOMEONE TO HELP US, AT LEAST FOR
A COUPLE OF DAYS, AND BE ABLE TO
BRING TO BRING FOOD AT HOME, WE
DON'T ASK FOR ANYTHING. WE JUST
ASK YOU TO HELP US FOR A COUPLE
OF DAYS TO BE ABLE TO FIGHT FOR
OUR RIGHTS, TO BE ABLE TO, TO
FIGHT FOR, BRING MORE FOOD HOME.
THAT'S WHAT WE ASK YOU FOR, TO
PLEASE HELP US TO BE ABLE TO
FIGHT FOR WHAT IS RIGHT. THANK
YOU. THANK YOU FOR YOUR HELP. DO
WE HAVE ANY ADDITIONAL SUPPORT
IN THE ROOM? MADAM CHAIR,
COMMITTEE MEMBERS, LOUIS ACOSTA
WITH SMART TRANSPORTATION, STATE
LEGISLATIVE BOARD IN SUPPORT,
JAZZY GRAVEL, UFCW, WESTERN
STATES COUNCIL PROUD CO-SPONSOR
AND SUPPORT. CHRIS MYERS WITH
THE CALIFORNIA SCHOOL EMPLOYEES
ASSOCIATION AND SUPPORT. MADAM
CHAIR MEMBERS NICHOLAS WEISS
WITH THE DEPARTMENT OF INSURANCE
UNDER THE LEADERSHIP OF
INSURANCE COMMISSIONER RICARDO
LARA. AND SUPPORT. THANK YOU.
MADAM CHAIR MEMBERS, KOBE
PEZZATI WITH THE CALIFORNIA
ASSOCIATION OF PSYCHIATRIC
TECHNICIANS IN STRONG SUPPORT.
SHANE GUZMAN, ON BEHALF OF THE
TEAMSTERS, SAG-AFTRA, UNITE
HERE, THE AMALGAMATED TRANSIT
UNION, THE MACHINISTS AND THE
UTILITY WORKERS UNION OF AMERICA
IN SUPPORT. CLEO CABRAL,
COMMUNICATION WORKERS OF AMERICA
, NINE 408 OUT OF FRESNO. WE'RE
IN SUPPORT. THANK YOU, MADAM
CHAIR AND MEMBERS. MEGAN SUPERS,
ON BEHALF OF THE WRITERS GUILD
OF AMERICA, WEST, IN SUPPORT.
MADAM CHAIR MEMBERS, MIKE
MONAHAN, ON BEHALF OF THE
CALIFORNIA STATE BUILDING,
TRADES IN SUPPORT. GOOD
AFTERNOON, MADAM CHAIR. MEMBERS
MARTY LOPEZ WITH THE CALIFORNIA
NURSES ASSOCIATION AND SUPPORT.
GOOD AFTERNOON, JULIE NIELSEN
WITH THE NATIONAL UNION OF
HEALTHCARE WORKERS AND SUPPORT
IGNACIO HERNANDEZ ON BEHALF OF
THE COMMUNICATION WORKERS OF
AMERICA DISTRICT NINE, WHICH
COVERS CALIFORNIA, NEVADA AND
HAWAII. CO-SPONSOR OF THE BILL.
GOOD AFTERNOON, MITCH STEIGER
WITH CFT, A UNION OF EDUCATORS
AND CLASSIFIED PROFESSIONALS
ALSO IN SUPPORT. MADAM CHAIR AND
MEMBERS CAITLYN VEGA ON BEHALF
OF THE CALIFORNIA LABOR
FEDERATION, PROUD TO SPONSOR
THIS BILL ALONG WITH SO MANY OF
OUR UNIONS. OKAY. THANK YOU, DO
WE HAVE ANY OPPOSITION? PLEASE
COME FORWARD.
GOOD AFTERNOON, MADAM CHAIR.
MEMBERS. ROBERT MURRAY FOR THE
CALIFORNIA CHAMBER OF COMMERCE.
AND WE ARE OPPOSED TO SB 1116 AS
A JOB KILLER. WE'VE ALL HEARD
ABOUT THIS BILL BEFORE, SO I'LL
TRY TO BE QUICK, BUT FOR KEY
CONCERNS HERE, FIRST, WE VIEW
THIS BILL AS DOING SOMETHING
FUNDAMENTALLY NEW. IT IS THE
STATE WEIGHING IN ON ONE SIDE OF
PRESENT AND FUTURE LABOR
DISPUTES. THAT IS SOMETHING THAT
IS NEW TO CALIFORNIA AND MOST
IMPORTANTLY, TO US. IT HITS BOTH
EMPLOYERS INVOLVED IN THE STRIKE
AND EMPLOYERS WHO ARE NOT
INVOLVED IN THESE STRIKES. AT
ALL, WHO WILL BE FORCED TO
SUBSIDIZE THOSE PAYMENTS THERE.
AND THAT'S A REAL FAIRNESS
CONCERN FOR US ON THE EMPLOYER
SIDE. I ALSO NEED TO HIGHLIGHT,
ONE FUNDAMENTAL ISSUE HERE,
WHICH IS WE VIEW STRIKING AS
FUNDAMENTALLY DIFFERENT THAN
BEING FIRED. SOMEONE ON STRIKE,
THOUGH IT IS UNPLEASANT, HAS A
JOB AND MAY GET BACK TO THAT JOB
AT THE END. SOMEONE WHO'S BEEN
FIRED MAY NEVER WORK AGAIN, AND
IT'S JUST A DIFFERENT SITUATION,
BOTH LEGALLY, I THINK AND
EMOTIONALLY, I WANT TO ALSO FLAG
THE UI FUND DEBT AND THE TAX
IMPLICATIONS FOR CALIFORNIA
BUSINESSES. CALIFORNIA EMPLOYERS
ARE ALREADY PAYING INCREASED
TAXES DUE TO THE UI FUND DEBT. I
KNOW YOU ALL ARE AWARE, AND I
WANT TO APPRECIATE, STAFF
ANALYSIS FOR FLAGGING THIS ISSUE
AS IT WAS RAISED IN THE
GOVERNOR'S VETO MESSAGE OF LAST
YEAR'S SB 799, THERE'S ALSO A
FEDERAL LAW CONCERN HERE THAT
HASN'T BEEN RAISED. I WANT TO
REITERATE FEDERAL LAW REQUIRES
PEOPLE CLAIMING UI TO BE ABLE TO
WORK LOOKING FOR WORK AND
UNEMPLOYED THROUGH NO FAULT OF
THEIR OWN. WE HAVE A PROBLEM
SEEING HOW THOSE SECOND AND
THIRD ELEMENTS APPLY TO PEOPLE
ON STRIKE THAT IS LOOKING FOR
WORK AND UNEMPLOYED THROUGH NO
FAULT OF THEIR OWN, FINALLY, I
WANT TO FLAG THE CONCERNS THAT
STAFF ANALYSIS ALSO FLAGS.
PARTICULARLY IN THIS BUDGET
YEAR, WE HAVE CONCERNS ABOUT
BEING ASKED TO PICK UP AND GET
READY A NEW PROGRAM AND A NEW
PROCESS FOR REVIEW. THANK YOU.
WITH THAT, I'LL PASS TO MY
COLLEAGUE. THANK YOU, MADAM
CHAIR AND MEMBERS, MATT SUTTON
WITH THE CALIFORNIA RESTAURANT
ASSOCIATION. WE ARE OPPOSED TO
THE BILL. WE'VE BEEN OPPOSED TO
THE PREVIOUS VERSIONS OF THE
BILL. I'LL JUST BUILD A LITTLE
BIT UPON WHAT MR. MØT SAID, WE
REPRESENT, INDEPENDENT
RESTAURANTS FOR THE MOST PART,
ABOUT 85% OF OUR MEMBERS ARE THE
COMMUNITY BASED RESTAURANTS. AND
UNEMPLOYMENT INSURANCE IS SORT
OF THIS THIS QUIET OTHER BUDGET
DEFICIT. MR. MØT MENTIONED WE
HAVE A $20 BILLION DEFICIT AND
OUR ISSUE IS NOT A MATTER OF
WHETHER ANY ONE OF THESE
STRIKES, WE'RE NOT COMMENTING ON
THOSE. IT'S A MATHEMATICAL
SITUATION FOR US, AND WE'RE
ALREADY PAYING AS RESTAURANTS
AND EMPLOYERS, AN ADDED
ASSESSMENT BECAUSE OF THE $20
BILLION DEFICIT. SO RESTAURANTS
ARE GETTING EVERY JANUARY,
FEBRUARY, MARCH, AS WELL AS
OTHER EMPLOYERS. THESE BILLS
THAT COME AND THEY COME IN
INCREMENTS OF $21 PER EMPLOYEE,
PER YEAR. SO IT GOES 2142 AND IT
GOES ON AND ON AND ON EVERY
YEAR. AND IF THE STATE DOES NOT
ACT, WE GET UP TO OVER $400 PER
EMPLOYEE PER YEAR. WE'RE SUPER
LABOR INTENSIVE. WE'RE PROUD OF
THAT. WE'RE HOSPITALITY. BUT THE
MORE EMPLOYEES YOU HAVE, IT'S
PER HEAD, THE MORE IT COSTS. AND
WE OFFER A LOT OF TRANSITIONAL
JOB OPPORTUNITIES. SO WE HAVE
TURNOVER. SO WE AGAIN ARE
DISPROPORTIONATELY IMPACTED. AND
I THINK THE THING I WOULD JUST
EMPHASIZE HERE IS THE FUND IS
BROKE. IT'S BEEN BROKE. IT'S
BEEN HISTORICALLY PROBLEMATIC
FOR OVER A DECADE. WE'VE SAT AT
THE TABLE WITH THE CHAMBER AND
WITH OTHERS TRYING TO TALK ABOUT
REDOING THE SYSTEM. WHAT'S
PROPOSED HERE IS A DRAMATIC
REWORK OF A SYSTEM TO PROVIDE
BENEFITS FOR THOSE THAT IT
WASN'T INTENDED TO. IF WE'RE
GOING TO HAVE THAT DISCUSSION,
LET'S HAVE A COMPREHENSIVE
DISCUSSION ABOUT THAT AND THE
FACT THAT WE'RE $20 BILLION IN
THE HOLE HERE. THE GOVERNOR'S
VETO MESSAGE CLEARLY SAYS IT.
THIS BILL WILL ADD COST
PRESSURES FOR EMPLOYERS. IT WILL
RESULT IN TAX INCREASES FOR
EMPLOYERS, THE DEBT IN THE UI
ACCOUNT WILL GET WORSE. SO THIS
IS CERTAINLY THE TIME TO DO NO
HARM AND NOT TO DO ANY FURTHER
DAMAGE TO THE UNEMPLOYMENT
INSURANCE FUND AND THOSE THAT
PAY INTO IT. ALL OF US
EMPLOYERS. THANK YOU. THANK YOU.
IS THERE ADDITIONAL OPPOSITION
IN THE ROOM? PLEASE COME
FORWARD. MADAM CHAIR MEMBERS,
TIM TAYLOR WITH THE NATIONAL
FEDERATION OF INDEPENDENT
BUSINESS IN OPPOSITION. MADAM
CHAIR CHRIS MICHELI, ON BEHALF
OF THE LOS ANGELES AREA CHAMBER
OF COMMERCE, THE HOLLYWOOD
CHAMBER OF COMMERCE AND SHERM,
THE SOCIETY OF HUMAN RESOURCE
MANAGEMENT IN OPPOSITION. THANK
YOU, CLIFTON WILSON, ON BEHALF
OF THE KERN COUNTY BOARD OF
SUPERVISORS. IN OPPOSITION.
THANK YOU, MADAM CHAIR. MEMBERS.
SKYLER WONACOTT WITH THE
CALIFORNIA BUSINESS PROPERTIES
ASSOCIATION AND THE BUILDING
OWNERS MANAGERS ASSOCIATION OF
CALIFORNIA AND CALIFORNIA IN
STRONG OPPOSITION. JULIE
MALINOWSKI, ON BEHALF OF THE
CALIFORNIA HOTEL AND LODGING
ASSOCIATION, OPPOSED AMELIA
ZAMANI WITH THE CALIFORNIA
TRAVEL ASSOCIATION AND ON BEHALF
OF THE CALIFORNIA ATTRACTIONS
AND PARKS ASSOCIATION, IN
OPPOSITION. LAWRENCE GAYTAN, ON
BEHALF OF THE CALIFORNIA
MANUFACTURERS AND TECHNOLOGY
ASSOCIATION, OPPOSED. BRIAN
LITTLE, CALIFORNIA FARM BUREAU,
IN OPPOSITION FOR THE REASONS
PREVIOUSLY STATED. THANK YOU.
RYAN, ELAINE WITH THE CALIFORNIA
RETAILERS ASSOCIATION IN
OPPOSITION. THANK YOU, HONORABLE
CHAIR. SO SORRY FOR BEING OUT OF
ORDER. MY CLIENTS IN SUPPORT
UNITE HERE LOCAL 11 AND THEIR
32,000 FOLKS IN SOUTHERN
CALIFORNIA IN STRONG SUPPORT.
THANK YOU, COURTNEY JENSEN, ON
BEHALF OF 21ST CENTURY ALLIANCE
IN OPPOSITION, JASON SCHMELTZER
HERE ON BEHALF OF PRISM IN
OPPOSITION, ALSO ASKED TO
REGISTER OPPOSITION FOR CAL
CITIES CSAC RURAL COUNTY
REPRESENTATIVES OF CALIFORNIA,
CALIFORNIA SPECIAL DISTRICTS
ASSOCIATION, ASSOCIATION OF
CALIFORNIA SCHOOL DISTRICTS,
ASSOCIATION OF CALIFORNIA
HEALTHCARE DISTRICTS, URBAN
COUNTIES OF CALIFORNIA,
CALIFORNIA ASSOCIATION OF
RECREATION AND PARK DISTRICTS,
THE CALIFORNIA ASSOCIATION OF
JOINT POWERS AUTHORITIES, AND
THE CALIFORNIA ASSOCIATION OF
SCHOOL BUSINESS OFFICIALS. THANK
YOU, MADAM CHAIR. MEMBERS,
CARLOS GUTIERREZ HERE ON BEHALF
OF THE CALIFORNIA GROCERS
ASSOCIATION IN OPPOSITION. THANK
YOU, MADAM CHAIR. JACKIE ANIS,
ON BEHALF OF THE CALIFORNIA
TRUCKING ASSOCIATION AND THE
CALIFORNIA FUEL AND CONVENIENCE
ALLIANCE, ALSO ASKED TO REGISTER
OPPOSITION ON BEHALF OF THE
ORANGE COUNTY BUSINESS COUNCIL.
THANK YOU, MADAM CHAIR.
APOLOGIES I'M ALSO OUT OF ORDER
RUNNING BETWEEN COMMITTEES.
JANICE O'MALLEY WITH AFSCME
CALIFORNIA IN STRONG SUPPORT.
THANK YOU, THANK YOU. OKAY, I'M
GOING TO BRING IT BACK TO THE
COMMITTEE FOR QUESTIONS.
ASSEMBLY MEMBER BAUER KHN.
THANK YOU, MADAM CHAIR. IT GIVES
ME NO GREAT PLEASURE TO SAY WHAT
I'M ABOUT TO SAY. SO A YEAR AGO,
I VOTED FOR THIS BILL, AND I DID
SO PROUDLY. I HAVE VOTED IN MY
ALMOST SIX YEARS HERE FOR HEALTH
CARE, FOR STRIKING WORKERS, FOR
THE RIGHT TO STRIKE. EVERY TIME
IT'S BEEN FOR ME. I COME FROM A
FAMILY, MY SISTER'S BEEN
ARRESTED. I DON'T KNOW HOW MANY
TIMES ON THE STRIKE LINE IN
WISCONSIN, AND I BELIEVE SO
DEEPLY IN THE RIGHT TO STRIKE.
AND A YEAR AGO, I THOUGHT I KNEW
WHAT THE RIGHT TO STRIKE MEANT.
I THOUGHT IT MEANT THE RIGHT TO
DO WHAT THE WITNESSES HERE TODAY
TALKED ABOUT THE RIGHT TO STAND
UP AND DEMAND BETTER PAY AND
BETTER WORKING CONDITIONS TO
GIVE US THE THINGS WE BENEFIT
FROM TODAY. A 40 HOUR WORKWEEK,
SAFE WORKING CONDITIONS. I KNOW
HOW MANY WOMEN DIED TO GET US
WHAT WE HAVE TODAY AND SO I
VOTED FOR IT. AND NOW I SIT HERE
IN THE SHADOW OF THE UAW STRIKE
ON CAMPUS, AND I NO LONGER
UNDERSTAND IF WE HAVE A SHARED
UNDERSTANDING OF WHAT A STRIKE
IS, THEY ARE ALLEGEDLY STRIKING
ON WORKING CONDITIONS, WHICH IS
WHY THE AMENDMENT YOU OFFERED IS
MEANINGLESS, BECAUSE THEY ARE
ARGUING THAT DIVESTMENT FROM THE
STATE OF ISRAEL IS WORKING
CONDITIONS. SOMEHOW THEY'RE
MARCHING ACROSS OUR BEAUTIFUL UC
CAMPUSES YELLING KILL ONE MORE
IN REFERENCE TO THE JEWS. AND
I'VE BEEN TOLD, WELL, YOU CAN'T
PUNISH EVERY WORKER FOR WHAT
THEY'RE DOING. IT'S TRUE. I
DON'T DISAGREE WITH THAT
STATEMENT, BUT I'VE SEEN LABOR
STAND SILENTLY OR COMPLICITLY IN
SAYING THAT THAT THAT'S A
STRIKE, THAT THAT'S OKAY. THAT
THAT'S RIGHT. THAT WHAT THEY'RE
DOING IS JUST AND IT'S NOT. AND
AS EVERYBODY IN THIS ROOM KNOWS,
I'M THE GRANDDAUGHTER OF
HOLOCAUST SURVIVORS. I WAS
RAISED BY WOMEN WHO SURVIVED.
NOT EVERYONE IN MY FAMILY
SURVIVED. AND THEY TAUGHT ME
ABOUT THE HORRORS OF GAS
CHAMBERS AND THE ROUND UPS. THEY
LIVED THROUGH THE ANSCHLUSS AND
KRISTALLNACHT. ONE OF MY
RELATIVES WAS IN A CONCENTRATION
CAMP, AND THEY LIVED TO TEACH ME
THAT IT ISN'T JUST THE HORRORS
THAT HAPPENED INSIDE THOSE
FACILITIES. IT WAS THE SILENCE.
AND IT WASN'T JUST THE SILENCE
AS MY RELATIVES WERE BEING
ROUNDED UP AND SENT AWAY, IT WAS
THE YEARS OF EDUCATION TO HATE
THE JEWISH PEOPLE AND OTHERS.
THE LGBTQ COMMUNITY AND OTHERS,
THE EDUCATION, THE
INDOCTRINATION, THE PROPAGANDA.
THAT'S WHAT'S HAPPENING ON OUR
CAMPUSES RIGHT NOW. PEOPLE ARE
MARCHING ACROSS CAMPUS SAYING,
KILL ONE MORE JEW, AND THEY'RE
DOING IT IN THE NAME OF A
STRIKE. AND OTHERS ARE STANDING
BY AND SAYING, DON'T CROSS THE
PICKET LINE. AND I CAN'T SIT
HERE SILENTLY AND ALLOW US TO BE
COMPLICIT AND SILENT IN THE FACE
OF THAT HORROR, BECAUSE I HAVE
JEWISH CHILDREN, I NEED TO
PROTECT. AND MY GRANDMOTHER
TAUGHT ME THIS IS THE MOMENT TO
SPEAK UP AND TO DEMAND BETTER.
AND SO I CANNOT SUPPORT SENDING
UNEMPLOYMENT INSURANCE TO
INDIVIDUALS WHO WILL CALL THAT
WORKING CONDITIONS. AND I WANT
TO BE VERY CLEAR, I'M DOING THIS
ON BEHALF OF MY COMMUNITY, BUT I
DO NOT BELIEVE THIS IS JUST A
THREAT TO MY COMMUNITY. I COULD
SEE A LOCAL UNION THAT DOESN'T
SHARE OUR VALUES ON LGBTQ PLUS
RIGHTS STRIKING BECAUSE THEY
DON'T WANT TO GO INTO SCHOOL AND
HONOR THE GENDER OF THE STUDENTS
THAT ARE IN THEIR CLASSROOMS, A
VALUE THAT I HOPE EVERYONE HERE
SHARES. AND NOW, APPARENTLY
THAT'S A VIOLATION OF THEIR
WORKING CONDITIONS. WE BELIEVE
WHAT IS HAPPENING ON CAMPUS IS A
STRIKE, AND WE WOULD BE SENDING
THEM UNEMPLOYMENT INSURANCE. AND
SO UNTIL WE CAN GET A SHARED
UNDERSTANDING, A CLEAR SHARED
UNDERSTANDING THAT STRIKES ARE
MEANT TO PROTECT WORKERS IN THE
WAY YOUR WITNESSES SPOKE TO, I
CANNOT VOTE FOR THIS BILL, AND I
WANT TO THANK EVERYONE WHO IS
NOT STANDING SILENTLY BY BECAUSE
I'VE TALKED ABOUT THOSE THAT
HAVE, BUT MANY ARE NOT. MANY ARE
SPEAKING UP AND STANDING IN
SOLIDARITY WITH OUR COMMUNITY AT
THE HARDEST TIME IN MY LIFE.
ASSEMBLYWOMAN ORTEGA. I DON'T, I
KNOW THIS IS A DIFFICULT
CONVERSATION AND YOU KNOW, I'VE
BEEN WORKING IN AND AROUND THE
CAPITOL AND LABOR FOR DECADES.
THIS HAS BEEN ONE OF THE MOST
SIGNIFICANT, IMPACTFUL BILLS
THAT WE COULD EVER PASS WHEN IT
COMES TO REPRESENTING WORKING
FAMILIES. WE SAW THAT THIS
SUMMER WHEN WE SAW STRIKES
ACROSS THE COUNTRY BECAUSE
WORKERS WERE COMING OUT AND
SAYING, THIS IS NOT THEIR FAULT,
THIS THEY WERE OUT THERE BECAUSE
IT WAS NOT A FAULT OF THEIR OWN
THAT THEIR WORKING CONDITIONS
WEREN'T OKAY, THAT THE WAGES
WERE NOT ENOUGH, THAT THEY NO
LONGER MATTERED, EVEN THOUGH WE
WERE CALLING THEM ESSENTIAL
DURING THE PANDEMIC. AND I'M
TALKING ABOUT TEACHERS, HEALTH
CARE WORKERS, I ACTUALLY STOOD
IN A STRIKE LINE WITH HEALTH
CARE WORKERS IN ALAMEDA COUNTY
DURING THE PANDEMIC BECAUSE THEY
WERE HAVING TO WEAR GROCERY BAGS
, GROCERY BAGS AS PPE, BECAUSE
THEY WERE NOT GIVEN THE
ESSENTIAL NEEDS THAT THEY NEEDED
. SO IT WAS THROUGH NO FAULT OF
THEIR OWN THAT THEY CHOSE AS A
LAST RESORT TO GO ON STRIKE TO,
THE COMMENTS THAT WERE JUST MADE
BY MY COLLEAGUE, I HAVE NOT BEEN
SILENT, MY WHOLE CAREER HAS BEEN
AROUND STANDING UP FOR
INJUSTICES AS A AS AN
UNDOCUMENTED IMMIGRANT WHO CAME
TO THIS COUNTRY. I WILL NOT BE
SILENT WHEN I SEE INJUSTICES,
THAT IS NOT HASN'T HAPPENED
EVER. AND IT WILL NEVER HAPPEN
BECAUSE THAT IS NOT WHO I AM OR
WILL EVER BE, BUT I UNDERSTAND
SOME OF THE CONCERNS THAT HAVE
COME UP, THROUGH THE LANGUAGE
AND THE DISCUSSIONS. SO I JUST
WANT TO ASK THE AUTHOR, I KNOW
YOU'RE PRESENTING FOR SENATOR
PORTANTINO, BUT, WAS THERE NOT
AMENDMENTS PROVIDED TO YOU TO
MAKE SURE THAT WE CLARIFY WHAT,
LEGITIMATE STRIKE IS, YES, I
REFERRED TO IT IN MY OPENING
REMARKS THAT, IT IS VERY
SPECIFIC ABOUT WAGES, WORKING
CONDITIONS, EMPLOYER PRACTICES
RELATED TO COLLECTIVE BARGAINING
AS DEFINED BY STATE AND FEDERAL
LAW SO THAT THERE'S NO NO ONE
OUTSIDE OF THAT PURVIEW IS GOING
TO DECIDE WHAT A STRIKE IS. THAT
WOULD BE WHERE WHERE THE WORKERS
WOULD BE ELIGIBLE. I JUST WANT
TO CLARIFY. WE'RE NOT WE DIDN'T
ACCEPT ANY AMENDMENTS TO THIS
BILL. THIS IS THE EXACT SAME
BILL WORD FOR WORD THAT WAS
PRESENTED IN THIS COMMITTEE LAST
YEAR THAT THIS BODY VOTED FOR
AND SENT TO THE GOVERNOR. THANK
YOU FOR THAT. ASSEMBLYMAN LEE,
THANK YOU, MADAM CHAIR. I JUST
WANT TO OF COURSE, OF COURSE.
THANK SENATOR DURAZZO FOR
PRESENTING FOR SENATOR
PORTANTINO LAST YEAR. I WAS VERY
PROUD TO BE A COAUTHOR OF THIS
BILL, AND I STILL AM VERY PROUD
TO SUPPORT THIS MEASURE. AND I
WOULD URGE A LOT OF MY
COLLEAGUES TO THINK ABOUT
SUPPORTING THIS MEASURE STILL,
BECAUSE I WANT TO REMIND FOLKS
OF WHY SOME OF MY COLLEAGUES
ALLUDED TO WHY WE CAME TO THIS
POINT AND WHY IT WAS SO
IMPORTANT. YES, A LOT OF THE
PANDEMIC REVEALED SUCH
DISPARITIES IN THE WORKPLACE,
FROM HEALTH CARE TO GROCERY
STORES TO EVERY ESSENTIAL
WORKER. WE SAID WAS ESSENTIAL OR
HEROES. AND NOW TODAY, ALMOST
FIVE YEARS LATER FROM THE
PANDEMIC, YOU'RE SEEING MORE AND
MORE OF THESE WORKERS BE TREATED
AS REPLACEABLE. AND THAT'S WHY
IT'S SO IMPORTANT TO HAVE THE
ESSENTIAL RIGHT TO STRIKE. AND
REMEMBERING AT THE TIME, THE
BACKDROP WHEN HE HAD THIS
LEGISLATION, IT WAS THE HOT
LABOR SUMMER. IT WAS WHEN
HOLLYWOOD WENT ON STRIKE FOR
ALMOST FIVE, SIX MONTHS, AND
THAT CAPTURED THE WORLD'S
ATTENTION. I HAVE CONVERSATIONS
WITH MY LOCAL LITTLE, TINY,
LITTLE, SMALL UNIONS FOR
TEACHERS AND EDUCATORS WHO SAID
IF THEY CAN DO IT AND THEY CAN
WIN, WE SHOULD DO IT TOO. AND
THEN UAW WENT AND WON ONE OF THE
BIGGEST STRIKES, OF COURSE, AS
WELL. AND REVOLUTIONIZED WORKING
CONDITIONS FOR THE ENTIRE AUTO
INDUSTRY. SO JUST TO KEEP IN
MIND THAT THE DISPARITIES THAT
ARE REVEALED OR THE PANDEMIC ARE
SO PLAIN FOR SO MANY TO SEE WHEN
THEY ARE STRUGGLING TO GET BY,
AND THERE ARE SO FEW STRIKES
THAT HAVE BEEN ELIGIBLE FOR
THIS, BECAUSE IT'S FOR STRIKES
THAT LAST FOR THE TWO WEEKS. SO
THERE WAS ONLY THREE LAST YEAR,
EVEN THOUGH IT WAS MOMENTOUS FOR
SO MANY LABOR MOVEMENTS, ONLY
THREE, BUT IT STILL GAVE THE
COURAGE FOR OUR WORKERS TO STAND
UP AND DEMAND MORE, TO ASK MORE,
TO BARGAIN HARDER. AND IT
DOESN'T ALWAYS COME DOWN TO THE
STRIKE. AND I DO, EVEN THOUGH I
KNOW, OF COURSE, THE AMENDMENTS
WEREN'T TAKEN TODAY. I KNOW
THERE'S A SPIRIT OF THE SPONSORS
AND THE AUTHOR TO WANT TO WORK
COLLABORATIVELY TO ADDRESS THAT.
AND IF WE ENSHRINE THIS IN STATE
LAW, TO SAY THAT IT HAS TO BE A
STRIKE ABOUT WORKING CONDITIONS,
WAGES, ETC, I THINK THAT GETS US
MUCH CLOSER TO THE SPIRIT. BUT I
JUST WANT TO REMIND FOLKS THAT
THERE ARE SO MANY PEOPLE OUT
THERE WHO WOULD BE SO MUCH
BENEFITED BECAUSE WE NEED TO
MAKE SURE THAT THE WORKING CLASS
MOVEMENT IN AMERICA AND
CALIFORNIA IS STRONG AS
POSSIBLE, BECAUSE THERE ARE SO
MANY DISPARITIES OUT THERE AND
YES, OUR UNIVERSITIES WILL
CONSTANTLY BE THE BATTLEGROUNDS
OF SO MANY, SO MANY INTELLECTUAL
DEBATES. TRUST ME, I WAS I WAS
STUDENT BODY PRESIDENT WHEN MY
UNIVERSITY CONSTANTLY WANTED
PLATFORM LIKE LITERAL AND PEOPLE
WHO STILL DID JUST IN THE IN
THE, IN THE FACE OF LIKE FREE
SPEECH AND ALL THAT STUFF LIKE
THAT. THEY WENT TO PLATFORM
THESE PEOPLE. AND OF COURSE, WE
DIDN'T WANT THAT EITHER. WE
DIDN'T WANT ANY OF THESE THINGS
AND THESE KINDS OF DEBATES, BUT
THEY WANT TO CONSTANTLY BE THESE
DEBATES ABOUT FREE SPEECH. BUT
WE SHOULD NOT CONFLATE THAT FREE
SPEECH, INTELLECTUALISM ARGUMENT
WITH WHAT THE REAL, REAL
ARGUMENT WE HAVE HERE TO BETTER
WORKING LIVES, WORKING LIVES FOR
PEOPLE. THAT'S REALLY, REALLY
IMPORTANT HERE. AND THERE'S SO
MANY PEOPLE COUNTING ON THIS AND
WE CAN JOIN OTHER STATES. THANK
YOU. BERMAN SO FIRST OF ALL, I
WANT TO THANK AND SECOND,
EVERYTHING THAT MY COLLEAGUE
REBECCA BAUER-KAHAN SAID AND I
AGREE WITH EVERYTHING THAT SHE
SAID. 110% DID. THE UAW DID THE
LABOR FED SANCTION A STRIKE BY
UAW DUE TO WORKING CONDITIONS?
IS THAT THE QUESTION? YES. FOR
WHOEVER I DON'T I DON'T I DON'T
WHOEVER WANTS TO ANSWER THE
QUESTION. THE LABOR FEDERATION
SANCTIONED A UAW STRIKE, PER
WHICH IS THE BODY. I'M SORRY.
THE QUESTION WAS, DID THE LABOR
FED SANCTION A STRIKE REQUESTED
BY UAW DUE TO WORKING CONDITIONS
THAT WOULD HAVE QUALIFIED UNDER
THE AMENDMENTS THAT WERE
DISCUSSED BUT NOT ACCEPTED BY
THE COMMITTEE? THEY CAME TO US
WITH A UNFAIR LABOR PRACTICE
STRIKE, WHICH WE WERE
AUTHORIZED. THE AMENDMENTS THAT
THE AUTHOR IS OFFERING SHOULD
THIS BILL MOVE WOULD BE VERY
CLEAR ABOUT WORKER WAGES WORKING
CONDITIONS, EMPLOYER PRACTICES
RELATED TO COLLECTIVE
BARGAINING. EXCUSE ME AS
RECOGNIZED. EXCUSE ME ONE
MOMENT. I JUST WANT TO CLARIFY
THAT THE AMENDMENTS THAT WERE
PRESENTED TO THIS COMMITTEE DID
NOT ADDRESS THE CONCERNS OF THE
COMMITTEE MEMBERS, AND THAT'S
WHY THEY WEREN'T ACCEPTED. SO
THANK YOU FOR THAT. AND THAT'S
THE POINT THAT I WAS GETTING AT,
IS, IS THE LABOR FED SANCTIONED
A STRIKE BY UAW UNDER THE
AUSPICES OF WORKING CONDITIONS
AND THEN UAW, JOINTLY HELD A, A,
A MARCH AT UC DAVIS WHERE THEY
CHANTED FOR THE DEATH OF JEWS.
AND THEN AFSCME, 3299, PROUDLY
AND PROMINENTLY PUT ON SOCIAL
MEDIA. WE STAND WITH OUR
BROTHERS AND SISTERS AGAINST
GENOCIDE, AGAINST GENOCIDE. SO
IS GENOCIDE HAPPENING AT UCLA? I
ASSUME NOT, AND SO IF THAT'S THE
CASE, HOW DID HOW WHY IS AFSCME
3299 PROUDLY STANDING WITH THEIR
BROTHERS AND SISTERS AGAINST
SOMETHING THAT HAS NOTHING TO DO
WITH WORKING CONDITIONS AND THE
REASON FOR THAT IS THE STRIKE
HAS NOTHING TO DO WITH WORKING
CONDITIONS. BUT IT WAS
SANCTIONED BY THE LABOR FED, AND
THAT IS WHAT GIVES ME AND MY
COLLEAGUES WHO VOTED FOR THIS
BILL LAST YEAR AN IMMENSE AMOUNT
OF HEARTBURN, HEARTACHE, THAT
YOU HEARD SO ELOQUENTLY FROM MY
COLLEAGUE, AND WE'VE HAD THOSE
CONVERSATIONS ABOUT THOSE
CONCERNS OVER THE PAST TWO
WEEKS, WITH, WITH THE SPONSORS,
AND, AND THE AMENDMENTS THAT
WERE OFFERED UP DID NOTHING,
NOTHING TO ADDRESS THOSE
CONCERNS, WE HAVE THERE'S A
PROBLEM, AND WE'RE GOING TO HAVE
TO HAVE SOME CONVERSATIONS TO
ADDRESS THE PROBLEM. THAT IS
HAPPENING IN TERMS OF THE,
ANTI-SEMITIC, THE ANTI-ISRAEL
THAT HAS QUICKLY LED TO
ANTI-SEMITIC INCIDENTS THAT ARE
HAPPENING ON OUR COLLEGE
CAMPUSES, ON OUR UC'S, ON OUR
CSU'S THAT ARE BEING SUPPORTED
BY DIFFERENT LABOR
ORGANIZATIONS. AND WE'VE WORKED
WITH SOME LABOR ORGANIZATIONS
VERY SUCCESSFULLY, VERY
SUCCESSFULLY, AND OTHERS HAVE
BEEN A LOT MORE OF A CHALLENGE,
SO THOSE ARE SOME CONVERSATIONS
THAT WE'RE GOING TO HAVE TO
HAVE, WHEN WE HAVE MORE, MORE
TIME TO FOCUS ON THEM. AND I
THINK THOSE ARE IMPORTANT
CONVERSATIONS. BUT THE GIVEN
THE, THE SITUATION THAT EXISTS,
GIVEN THE SIEGE THAT OUR
COMMUNITY IS UNDER, ESPECIALLY
AT OUR, INSTITUTIONS OF HIGHER
EDUCATION IN CALIFORNIA, THERE'S
NO WAY I CAN SUPPORT THIS BILL
TODAY. YEAH. OKAY. ANYBODY ELSE?
ASSEMBLYWOMAN RUBY, THANK YOU. I
ALSO SUPPORTED THE BILL LAST
YEAR. AND AS A LATINA WOMAN THAT
WAS ALSO UNDOCUMENTED AND,
IMMIGRATED TO THE UNITED STATES,
I'VE SEEN THROUGHOUT THE YEARS,
WHAT HAS HAPPENED HAD ANY OTHER
ETHNIC COMMUNITY BEEN NAMED THE
WAY THAT WAS? THE JEWISH
COMMUNITY WAS CALLED OUT.
EVERYBODY WOULD HAVE BEEN UP IN
ARMS IF IT WAS ABOUT MEXICANS.
WE WOULD HAVE HAD A HEART ATTACK
AND WOULD HAVE BEEN PROTESTING
THAT KIND OF, OF STRIKE BECAUSE
THEY WERE NAMING AN ETHNIC
COMMUNITY. I DIDN'T SEE THAT
EITHER. AND I BELONG TO THE
JEWISH CAUCUS, AND IN LISTENING
TO WHAT WAS NOT DONE, THROUGH
THIS, WHATEVER TIME WE'RE GOING
THROUGH, IT'S HORRIBLE FOR
EVERYONE, I CANNOT SUPPORT THE
BILL BECAUSE IT'S NOT A
FUNDAMENTALLY ADDRESSING THE
ISSUES THAT WE REQUESTED TO BE
ADDRESSED. AND I DID SUPPORT THE
BILL LAST YEAR, THE OTHER ISSUE,
I THINK THAT'S THE FUNDAMENTAL
ISSUE, BUT THE OTHER ISSUE IS WE
CAN'T AFFORD THE UNEMPLOYMENT
INSURANCE WE HAVE NOW. AND
SOMEBODY TOLD ME, WELL, WHAT'S A
LITTLE BIT MORE IF IT'S IF THE
FUND IS ALREADY 20 BILLION IN
THE HOLE, THEN A LITTLE MORE
DOESN'T MATTER. BUT THE
FUNDAMENTAL ISSUE OF NOT
STANDING WITH OUR ETHNIC
COMMUNITIES, OUR IS, IS PART OF
OR THE BIGGEST PART OF THE ISSUE
THAT I'M HAVING WITH THIS BILL.
SO I WILL NOT BE SUPPORTING IT
THIS THIS TIME. IS THERE ANY
OTHER MEMBERS THAT WISH TO MAKE
A COMMENT OR ASK A QUESTION? NO.
OKAY WELL, I WANT TO THANK MY,
I'LL LET YOU CLOSE, SENATOR. I'M
SORRY, WOULD YOU LIKE TO CLOSE?
SURE OBVIOUSLY, I DON'T
UNDERSTAND THE PAIN THAT MY
COLLEAGUE TALKED ABOUT, IN THE
SAME WAY THAT YOU DO. AND I FEEL
TERRIBLE ABOUT WHAT YOU CONTINUE
TO FEEL, FROM WHAT GENERATIONS
HAVE GONE THROUGH, IN YOUR
COMMUNITY AND IN YOUR FAMILY. SO
I FEEL VERY TERRIBLE ABOUT THAT,
AND I HAVE ALWAYS STOOD. I HAVE
ALWAYS STOOD. I BELIEVE I HAVE
ALWAYS STOOD ON THE SIDE OF
JUSTICE. AND, I'VE SPENT MY LIFE
IN THE LABOR MOVEMENT. I SPENT
MY LIFE IN THE LABOR MOVEMENT
BECAUSE THOSE ARE PEOPLE WHO ARE
TRYING TO RAISE THE NEXT
GENERATION THE BEST THAT THEY
CAN, AND THEY GET TREATED REALLY
BAD. I'VE BEEN I DON'T KNOW IF
ANYBODY HERE HAS EVER BEEN ON
STRIKE, BUT IT'S A REALLY,
REALLY DIFFICULT THING TO DO A
LOT. IS WRIST PEOPLE DON'T GET
THEIR JOBS BACK AND ESPECIALLY
WOMEN DON'T GET THEIR JOBS BACK,
LIVE IN POVERTY, WORK HARD, WORK
2 OR 3 JOBS. IT BECOMES
UNBEARABLE WHAT IT DOES TO THEM
AND THEIR FAMILIES. I'M NOT
TRYING TO COMPARE THE PAIN THAT
YOU SPOKE ABOUT, AND THAT YOU
FEEL THERE'S A DIFFERENT KIND OF
PAIN THAT WORKING PEOPLE GO
THROUGH AND THEY NEED HELP. THE
STATE HAS THE RECORD OF WAGE
THEFT OF ANYWHERE IN THE COUNTRY
, TENS OF BILLIONS OF DOLLARS IN
WAGE THEFT. THEY DON'T EVEN GET
PAID WHAT THE LAW SAYS. THEY
DON'T HAVE HEALTH INSURANCE.
THEY ARE CONSTANTLY BEING
HARASSED BY THE EMPLOYERS.
THERE'S SEXUAL HARASSMENT, YOU
NAME IT. ALL THE THINGS THAT GO
ON IN THESE WORKPLACES. AND
THAT'S WHY THE LABOR MOVEMENT IS
SO IMPORTANT. AND THAT'S WHY THE
A BASIC, BASIC PREMISE IN THE
LABOR MOVEMENT IS BEING ABLE TO
GO OUT ON STRIKE WITH ALL THAT
IT TAKES WITH THE RISK THAT IT
TAKES, WITH THE SACRIFICE THAT
IT TAKES. IT'S A BASIC UNION,
RIGHT, A BASIC LABOR. RIGHT. AND
THAT'S WHAT WE'RE TRYING TO DO
HERE IS PROTECT THAT NOT ALL THE
WRONGS THAT PARTICULAR UNIONS
ARE DOING OR NOT DOING. THIS IS
ABOUT THOSE WORKING MEN AND
WOMEN HAVING THE ABILITY TO TAKE
ON THESE HORRIBLE WORKING
CONDITIONS. AND THAT'S WHAT
WE'RE ABOUT. THAT'S WHAT THIS
BILL IS ABOUT. AND I REALLY HOPE
THAT, YES, WE CAN HAVE THAT. WE
SHOULD HAVE THAT CONVERSATION.
BUT I HOPE THAT IT'S NOT ONE
PAYING FOR ANOTHER PAIN. IT'S
THAT WE HAVE TO STAND UP FOR
EVERYONE. WE CAN'T BE PITTED
AGAINST EACH OTHER, ESPECIALLY
ESPECIALLY, BY EMPLOYERS. SO, I
KNOW THERE'S AN ISSUE BEEN
BROUGHT UP ABOUT THE FUND AND
WHETHER IT'S BROKE OR NOT. I
ALSO HAVE BEEN LOOKING AT IT AND
STUDYING IT. EMPLOYERS HAVE NOT
BEEN PAYING ANYWHERE NEAR WHAT
EMPLOYERS ACROSS THE COUNTRY PAY
INTO THEIR UNEMPLOYMENT
INSURANCE FUND. SO THERE'S A LOT
TO BE SAID ABOUT THAT. THIS THIS
IS NOT GOING TO AFFECT THAT AT
ALL. WE JUST KNOW IT WON'T, SO
I, I RESPECTFULLY ASK FOR YOU
ALL TO PLEASE SUPPORT A
FUNDAMENTAL RIGHT OF THE LABOR
MOVEMENT, NOT JUST HERE IN LA,
IN CALIFORNIA, NOT JUST HERE IN
THE US, BUT ALL OVER THE WORLD.
IT'S A FUNDAMENTAL RIGHT THAT WE
MUST CONTINUE TO PROTECT. THANK
YOU, MADAM CHAIR. THANK YOU,
SENATOR, I WOULD LIKE TO THANK
THE WITNESSES FOR COMING FORWARD
AND SHARING YOUR STORIES, I KNOW
HOW DIFFICULT THAT IS FOR YOU,
AND I APPRECIATE YOU TAKING THE
TIME TO BE HERE. AND I ALSO WANT
TO ACKNOWLEDGE MY COLLEAGUES,
I'VE. I'VE TALKED TO YOU BEFORE.
THIS COMMITTEE. AND I KNOW THAT
THE INTERGENERATIONAL TRAUMA
THAT YOU EXPERIENCE IS VERY REAL
, AND IT IT'S HARD FOR ME TO SEE
YOU IN PAIN, BUT, FOR TODAY, I'M
LOOKING JUST AT THIS BILL. THE
UNDERLYING POLICY ON THIS BILL.
I SUPPORTED IT LAST YEAR, AND
I'LL BE SUPPORTING IT TODAY.
SECOND. FILE ITEM NUMBER NINE,
SB 1116. PORTANTINO MOTION IS
DUE PASSED TO APPROPRIATIONS.
CALDERON CALDERON I CHEN. CHEN
NÓ ALVAREZ BAUER-KAHAN. I'M
SORRY, NOT VOTING. BERMAN. NOT
VOTING. BERMAN. NOT VOTING.
KEINER. KEINER I LI I LI I
LOWENTHAL. LOWENTHAL. NOT
VOTING. ORTEGA ORTEGA I JO
PATTERSON. PETRIE-NORRIS.
PETRIE-NORRIS NOT VOTING. RUBIO.
NOT RUBIO. RUBIO NOT VOTING
VALENCIA. WALLACE WOULD. IT'S
UNCLE. THIS IS ON CALL. THANK
YOU SENATOR. THANK YOU, MADAM
CHAIR. SENATOR LAIRD, WHENEVER
YOU'RE READY TO PRESENT ON SB
1205.
LONG SENATOR. WHENEVER YOU'RE
READY. OH. THANK YOU. HOPEFULLY,
THIS WILL BE A DIFFERENT.
ALTHOUGH I WAS IN RULES WHEN
THEY SAID COME TO INSURANCE, I
WAS IN EDUCATION WHEN THEY SAID
COME TO INSURANCE. AND THEN I
WAS IN LABOR WHEN THEY SAID TO
COME TO INSURANCE. SO I'M GLAD
I'M FINALLY HERE. SENATE BILL
1205 WILL GUARANTEE WORKERS
ACCESS TO MEDICAL CARE FOR ON
THE JOB INJURIES BY PROHIBITING
EMPLOYERS FROM RETALIATING
AGAINST WORKERS WHO MUST RECEIVE
MEDICAL CARE DURING BUSINESS
HOURS. I WANT TO THANK THE
COMMITTEE STAFF, FOR WORKING
WITH MY OFFICE ON THIS MEASURE.
AND IT WAS EXTENSIVE WORK. I
ACCEPT THE COMMITTEE AMENDMENTS
AS OUTLINED IN THE ANALYSIS. I'M
HAPPY TO TALK TO THEM. IF
THERE'S, CONCERN. AND THE
ANALYSIS POINTS TO A REMAINING
RECOMMENDATION THAT THERE BE
ADDITIONAL FLEXIBILITY WITHIN
THE BILL FOR EMPLOYERS. WE WILL
CONTINUE TO EXPLORE THAT, A 2003
SUPREME COURT DECISION FOUND
EMPLOYERS MAY DENY WAGE LOSS
BENEFITS TO INJURED WORKERS WHO
MUST MISS WORK TO RECEIVE
MEDICAL CARE NECESSARY TO TREAT
THEIR OCCUPATIONAL INJURIES. IN
THESE CASES, THE DECISION EVEN
ALLOWS EMPLOYERS TO DENY INJURED
WORKERS THE RIGHT TO USE THEIR
EARNED SICK LEAVE, THIS BILL
WOULD ADDRESS THE FACT THAT THE
END RESULT IS THAT WORKERS ARE
BEING FORCED TO FORGO ESSENTIAL
MEDICAL CARE, WHICH CAN WORSEN
THEIR CONDITION AND POTENTIALLY
TURN A TEMPORARY INJURY INTO A
PERMANENT ONE OR FACE LOSING
WAGES. A LOT OF TIMES IT'S A
SMALL NUMBER OF VISITS. IT'S A
SMALL NUMBER OF TIME, A SMALL
AMOUNT OF TIME. THERE ARE
ACCOMMODATIONS MADE BEFORE YOU
GET THERE. THIS JUST CLARIFIES
THAT SITUATION. THE BILL
ORIGINATES FROM THE CLASSIFIED
DIVISION OF THE CALIFORNIA
FEDERATION OF TEACHERS AND
WORKERS. THEY REPRESENT, WHOSE
EMPLOYERS HAVE REQUIRED THEM TO
STAY ON THE JOB, ESSENTIALLY
DENYING THEM MEDICAL CARE AND
SOMETIMES CAUSING THE INJURY TO
WORSEN. THIS BILL WOULD PROTECT
INJURED WORKERS BY ENSURING THEY
CAN ACCESS TIMELY MEDICAL CARE
WITHOUT RETALIATION FOR THEIR
OCCUPATIONAL INJURIES. I HAVE
WITH ME MITCH STEIGER WITH THE
CALIFORNIA FEDERATION OF
TEACHERS TO SPEAK IN SUPPORT.
THANK YOU, MADAM CHAIR. MEMBERS
AND STAFF, MITCH STEIGER WITH
CFT, A UNION OF EDUCATORS AND
CLASSIFIED PROFESSIONALS PROUD
TO SPONSOR THIS BILL. WE'D ALSO
LIKE TO EXPRESS OUR APPRECIATION
FOR ALL THE WORK THAT COMMITTEE
STAFF DID IN GETTING THE
LANGUAGE AND THE AMENDMENTS
RIGHT. IT WAS QUITE A BIT OF
WORK, AS THE AUTHOR MENTIONED,
BUT I THINK WE'RE IN A GOOD
PLACE NOW. JUST REALLY WANTED TO
EMPHASIZE WHERE THIS BILL CAME
FROM. SO AS MENTIONED, IT DID
COME FROM OUR CLASSIFIED
DIVISION. SO THESE ARE JANITORS,
BUS DRIVERS, CAFETERIA WORKERS,
FOLKS WHO OFTEN DO PRETTY
DANGEROUS WORK, OFTEN GET HURT
AT WORK. AND WHEN THEY'RE OUT
RECOVERING FROM THEIR INJURY.
AND THEN WHEN THEY COME BACK,
THERE'S OFTEN A NEED FOR FOLLOW
UP APPOINTMENTS FOR PHYSICAL
THERAPY. OTHER TYPES OF
EVALUATIONS, WHICH CAN BE
EXCEEDINGLY DIFFICULT TO ACQUIRE
OUTSIDE OF REGULAR BUSINESS
HOURS. A LOT OF THESE FOLKS WORK
9 TO 5, 8 TO 4, AND IF ANYONE'S
EVER TRIED TO GET PHYSICAL
THERAPY AT 7 P.M. AT NIGHT, IT'S
VIRTUALLY IMPOSSIBLE TO DO SO
EFFECTIVELY. THIS MEANS THAT
THESE WORKERS DON'T GET MEDICAL
CARE. SO ALL WE'RE TRYING TO DO
WITH THIS BILL IS CLARIFY THAT
WORKERS DO HAVE THE RIGHT TO GO
GET THAT MEDICAL CARE DURING
THEIR WORK HOURS, IF NECESSARY.
AND ALSO JUST WANTED TO BRIEFLY
TOUCH ON THE AMENDMENTS THAT
WERE TAKEN. WE'VE TAKEN A GREAT
DEAL OF AMENDMENTS TO RESPOND TO
OPPONENT CONCERNS. WE'VE
CLARIFIED THAT WORKERS ARE
REQUIRED TO TRY TO SCHEDULE THE
APPOINTMENT OUTSIDE OF WORK
HOURS. IF POSSIBLE. THEY HAVE TO
NOTIFY THE EMPLOYER OF THE
APPOINTMENT THAT THE TIME OUT
COUNTS TOWARD THEIR CIF RELIEF.
THE CALIFORNIA FAMILY RIGHTS ACT
12 WEEKS OF UNPAID JOB PROTECTED
LEAVE SO THE EMPLOYER, THEY'LL
LOSE THAT TIME WHEN THEY'RE OUT,
AND THEN WE ALSO REMOVED THE
TEMPORARY DISABILITY BENEFITS
THAT WERE IN AN EARLIER VERSION
OF THE BILL THAT CONCERNS WERE
EXPRESSED ABOUT. SO WHAT IS
LEFT, WE THINK MOVES A GREAT
DEAL TOWARDS WHAT THE OPPONENTS
WERE LOOKING FOR, BUT STILL
LEAVES US WITH A VERY STRONG
BILL THAT VERY MUCH HELPS OUR
MEMBERS. AND WE URGE YOUR
SUPPORT. THANK YOU. THANK YOU.
ADDITIONAL SUPPORT IN THE ROOM.
MADAM CHAIR MEMBERS, MARTY LOPEZ
WITH THE CALIFORNIA NURSES
ASSOCIATION IN SUPPORT, CHRIS
MYERS WITH THE CALIFORNIA SCHOOL
EMPLOYEES ASSOCIATION AND
SUPPORT YVONNE FERNANDEZ,
CALIFORNIA LABOR FEDERATION, AND
SUPPORT. DO WE HAVE ANY
OPPOSITION?
GOOD AFTERNOON, CHAIR AND
MEMBERS, JASON SCHMELTZER HERE
TODAY ON BEHALF OF THE
CALIFORNIA. EXCUSE ME, ON, PRISM
PUBLIC RISK INNOVATION SOLUTIONS
AND MANAGEMENT, CALIFORNIA
COALITION ON WORKERS
COMPENSATION. AND ALSO, CSAC
ASKED ME TO REGISTER OPPOSITION
FOR THEM AS WELL. I'D LIKE TO
START WITH A FEW THANK YOUS.
OBVIOUSLY, FIRST TO SENATOR
LAIRD AND HIS SPONSOR AND STAFF,
THEY DID SPEND QUITE A LOT OF
TIME WORKING THROUGH THE VARIOUS
ISSUES WITH US ON THIS BILL, AND
WE VERY MUCH APPRECIATE THE
PROGRESS THAT HAS BEEN MADE. AND
THEN SECOND, TO THE COMMITTEE,
FOR ALL THE HARD WORK THAT YOU
DID, BRINGING THE PARTIES CLOSER
TOGETHER, THIS IS HOW THE BEST
POLICY GETS DONE IS WHEN PEOPLE
HEAR EACH OTHER AND TRY TO MOVE
IN A COMMON DIRECTION. SO WE
APPRECIATE SENATOR LAIRD
ACCEPTING THE COMMITTEE
AMENDMENTS, WHICH ARE IN LARGE
PART A REFLECTION OF THE ONGOING
DISCUSSION BETWEEN THE PARTIES,
WE WILL SORT OF ALLOW OUR
DETAILED OPPOSITION LETTER TO
SPEAK TO THE BILL IN PRINT, BUT
I DO WANT TO FOCUS ON A FEW
ISSUES WITH THE AMENDMENTS, THE
AMENDMENTS DEFINITELY MOVE THE
BILL IN THE RIGHT DIRECTION, AND
WE APPRECIATE THAT. THERE ARE A
FEW SORT OF OUTSTANDING ISSUES
THAT NEED TO BE ADDRESSED FROM
OUR PERSPECTIVE, AND I WANT TO
CLARIFY A FEW THINGS, ONE, IN
THE WORKERS COMPENSATION SYSTEM,
THE NORMAL RULES FOR
ACCOMMODATING EMPLOYEE LEAVE
REQUESTS DO APPLY. WHAT WE SORT
OF LEARNED WHEN WE WERE HAVING A
CONVERSATION WITH THE AUTHOR AND
THE SPONSORS, THAT THERE'S
NOTHING WITHIN THE WORKERS
COMPENSATION PORTION OF THE
LABOR CODE THAT SORT OF MAKES
THAT CLEAR. SO THERE COULD BE
SOME CONFUSION AMONGST
EMPLOYERS. OUR IDEA AND WHAT
WE'VE BEEN WORKING TOWARDS IS TO
CLARIFY WITHIN THE WORKERS
COMPENSATION PORTION OF THE
LABOR CODE THAT THESE
TRADITIONAL ACCOMMODATION
REQUIREMENTS DO APPLY. BUT THERE
ARE SORT OF TWO SIGNIFICANT
CONCERNS THAT WE HAVE REMAINING,
ONE PARAGRAPH FIVE, IN THE
AMENDMENTS THAT ARE BEING TAKEN,
SAY THAT EVERY INSTANCE OF AN
EMPLOYER DENYING AN
ACCOMMODATION IS TANTAMOUNT TO
DISCRIMINATION UNDER THE
STATUTE. THAT LEAVES NO
FLEXIBILITY FOR BUSINESS
NECESSITIES, UNDUE HARDSHIP,
ETC, WHICH ARE A COMMON FACTOR
IN ACCOMMODATION LAW ACROSS
EVERY OTHER ASPECT OF CALIFORNIA
STATE LAW. SO WE'D LIKE TO SEE
THAT SORT OF ADDRESSED. AND THEN
SECOND, WHICH MY COLLEAGUE FROM
THE CAL CHAMBER WILL EXPAND
UPON, IS THE ABSENCE OF
LANGUAGE, VERY RELATED, THAT
ALLOWS FOR THAT TYPE OF UNDUE
HARDSHIP CONSIDERATION. WE
APPRECIATE SENATOR LAIRD'S
COMMENTS ABOUT WORKING WITH US
ON THOSE ISSUES INTO THE FUTURE,
AND WE REMAIN OPPOSED UNTIL
THOSE ARE WORKED OUT. BUT
APPRECIATE ALL THE WORK THAT'S
BEEN DONE. GOOD AFTERNOON, MADAM
CHAIR. MEMBERS, ASHLEY HOFFMAN,
ON BEHALF OF THE CALIFORNIA
CHAMBER OF COMMERCE, I WANT TO
ECHO THE THANK YOUS TO THE
AUTHOR'S OFFICE, AS WELL AS THE
COMMITTEE STAFF FOR WORKING WITH
US, SO, AS PREVIOUSLY MENTIONED,
PRESENTLY, EMPLOYERS PROVIDE
TIME OFF FOR WORKER'S
COMPENSATION APPOINTMENTS UNDER
ABOUT FOUR GENERAL BUCKETS. SO
WE HAVE CIFRA, WHICH IS
MENTIONED, WHICH THE BILL DOES
ADDRESS. PAID SICK LEAVE. YOU
CAN ABSOLUTELY USE YOUR PAID
SICK LEAVE AS IS IN STATUTE NOW
TO ATTEND APPOINTMENTS.
REASONABLE ACCOMMODATIONS, WHICH
I'LL COME BACK TO IN A SECOND.
AND THEN ALSO MAYBE AN EMPLOYER
POLICY OR, YOU KNOW, LIKE A ONE
OFF REQUEST MAY BE GRANTED, SO
THIS LAST BUCKET, WHEN WE TALK
ABOUT REASONABLE ACCOMMODATION,
WHICH IS GENERALLY FOUND UNDER
FEHA BECAUSE THAT'S NOT CAPPED,
THAT IS SOMETHING THAT IS
SUBJECT TO AN UNDUE HARDSHIP
EXEMPTION. SO ESPECIALLY WHEN
WE'RE TALKING ABOUT LIKE A SMALL
BUSINESS, IF IT WOULD BE A GRAVE
FINANCIAL BURDEN, MAYBE IF
SOMEONE'S OUT THAT DAY, THEY
WOULD HAVE TO CLOSE FOR THE DAY,
THAT IS A CONSIDERATION AGAIN,
BECAUSE THERE IS NO TIME CAP.
AND SO IN THIS BILL, BECAUSE WE
ARE CONFIRMING THAT THERE IS
LEAVE AVAILABLE TO ATTEND
WORKERS COMPENSATION
APPOINTMENTS. AND AGAIN, IT'S
NOT A SET CAPPED AMOUNT OF
LEAVE. OUR PROPOSAL WAS THAT WE
WOULD IMPORT OVER THAT UNDUE
HARDSHIP PIECE. AND WHAT WE'RE
REALLY FOCUSING ON HERE IS THE
SMALL BUSINESSES. AGAIN, THE
SMALL BUSINESS WHO HAVE ONE
EMPLOYEES OUT FOR A WHOLE DAY
MAY NOT BE ABLE TO OPEN WHAT
HAVE YOU. WE WANT TO MAKE SURE
THAT THOSE SMALLER EMPLOYERS DO
HAVE SOME FLEXIBILITY WHEN IT
COMES TO THIS. AGAIN, ESPECIALLY
BECAUSE THERE'S NO REALLY SET
HOURS CAP THAT WE'RE TALKING
ABOUT HERE, AND I WANT TO
CLARIFY AS WELL THAT WE
DEFINITELY DO NOT INTEND FOR
THAT TO APPLY WHERE THE EMPLOYEE
IS USING SEPHORA OR PAID SICK
LEAVE, REALLY, IT WOULD BE WHEN
THOSE SITUATIONS DO NOT APPLY.
THANK YOU, THANK YOU. IS THERE
ANY ADDITIONAL OPPOSITION IN THE
ROOM? LAWRENCE GAYTAN, ON BEHALF
OF THE CALIFORNIA MANUFACTURERS
AND TECHNOLOGY ASSOCIATION, IN
OPPOSITION. THANK YOU. HI. GOOD
AFTERNOON, CHAIR MEMBERS LARA
CURTIS ON BEHALF OF THE AMERICAN
PROPERTY CASUALTY INSURANCE
ASSOCIATION, WE REALLY
APPRECIATE THE WORK OF THE
COMMITTEE STAFF AND THE MEMBER,
AS WELL AS THE SPONSOR ON THE
AMENDMENTS. OUR MEMBERS ARE
REVIEWING THEM TO DETERMINE
POSITION, BUT JUST WANT TO THANK
EVERYONE. THANK YOU, MADAM
CHAIR. MEMBERS, CARLOS GUTIERREZ
HERE, ON BEHALF OF THE
CALIFORNIA GROCERS ASSOCIATION,
IN OPPOSITION. THANK YOU, BRING
IT BACK TO THE COMMITTEE. ARE
THERE ANY QUESTIONS FOR THE
AUTHOR? OKAY SEEING NONE. OKAY.
SENATOR, WOULD YOU LIKE TO
CLOSE? YES, LET ME JUST SAY I
APPRECIATE THE COMMENTS. AND
ONCE AGAIN, REALLY APPRECIATE
THE COMMITTEE BECAUSE WE WERE
TRYING TO THREAD A LOT OF
NEEDLES HERE. AND WHEN IT WAS
THE CALIFORNIA I HAVE A PROBLEM
IN, IN THE EDUCATION BUDGET
SUBCOMMITTEE I CHAIR BECAUSE
LAST YEAR, SOMEBODY FROM THE
DEPARTMENT OF EDUCATION USED
FOUR ACRONYMS IN ONE SENTENCE.
AND I FINALLY WENT, OKAY, THAT'S
IT. AND SO THE CALIFORNIA FAMILY
RIGHTS ACT, REALLY THE
ELIGIBILITY REQUIRES AT LEAST
FIVE EMPLOYEES. SO A LOT OF
TIMES WE ARE NOT TALKING ABOUT
THE SMALLEST OF BUSINESSES. AND
I THINK WE REALLY WANT TO THREAD
THE NEEDLE BECAUSE THE REAL
QUESTION AND I DON'T I DON'T SEE
SOMEBODY GOING AWAY FOR EIGHT
HOURS AN ENTIRE DAY UNLESS THEY
HAVE SOME EXTREME THING. AND SO
THERE, THIS SHOULD WORK. AND
THERE SHOULD BE WAYS THAT WE CAN
MAKE THIS WORK. SO WE ARE HAPPY
TO CONTINUE TALKING. WE DO NOT
WANT TO LOSE THE REAL IMPETUS OF
THE BILL, WHICH IS WHAT THE
COMMITTEE REALLY SERVED WITH THE
AMENDMENTS, IS MAKING SURE THAT
WE TRY TO PROTECT THE INTEREST,
BUT THAT NOBODY SHOULD BE DENIED
MEDICAL CARE. AND THERE HAVE
BEEN SUGGESTIONS THAT, THIS BE
COLLECTIVELY BARGAINED, NOT
NECESSARILY HERE, RIGHT NOW,
BUT, YOU KNOW, WHEN DO YOU
COLLECTIVELY BARGAIN A RIGHT? DO
YOU HAVE AS AN INJURED WORKER
THAT IS A STANDING RIGHT. IT'S A
QUESTION OF SOMETIME THE
CONDITIONS, WHICH IS WHAT WE'RE
TRYING TO ADDRESS HERE. SO I
THINK THIS IS AN IN REASONABLY
GOOD SHAPE. WE'LL CONTINUE TO
TALK, BUT I WOULD RESPECTFULLY
REQUEST AN INFO. THANK YOU.
SENATOR. OKAY. SECRETARY
CALDWELL, DO YOU HAVE A MOTION
AND A SECOND? WE DO. OKAY. TWICE
FILE ITEM NUMBER EIGHT, SB 1205.
LAIRD. MOTION IS DUE. PASS IS
AMENDED TO APPROPRIATIONS.
CALDERON. CALDERON I CHEN,
ALVAREZ BAUER-KAHAN BERMAN.
BERMAN I MCKENNA. MCKENNA. I LI
I LI I LOWENTHAL. LOWENTHAL, I
ORTEGA. ORTEGA. I JOE.
PATTERSON, JOE. PATTERSON. NOT
VOTING. PETRIE-NORRIS RUBIO.
RUBIO I VALENCIA. WALLACE WOULD.
WOULD I? THAT BILL GETS OUT.
THANK YOU VERY MUCH. YOU'RE
WELCOME.
OKAY. WE'RE GOING TO OPEN THE
ROLL ON THE CONSENT CALENDAR.
JOE PATTERSON, JOE PATTERSON I
VALENCIA WOULD I WOULD I FILE
ITEM NUMBER ONE SB 1058 JOE
PATTERSON JOE PATTERSON NOT
VOTING VALENCIA WOULD WOULD I?
FILE ITEM NUMBER ONE VOTE
CHANGE. PATTERSON TO I. FILE
ITEM NUMBER THREE, SB 1299.
CORTEZ JOE PATTERSON. NO. SORRY
OKAY, OKAY. SO I'M SORRY. I'M
SORRY, JOE PATTERSON. YES. NO.
CORTEZ. OR, JOE PATTERSON. NO
VALENCIA. WOULD WOULD I? RUBIO.
RUBIO. AYE GONZALEZ I DIDN'T
VOTE. GONZALEZ ITEM NUMBER SIX.
OH, WE HAVEN'T GOT FILE ITEM
NUMBER SIX. SB 370. ALVAREZ. JOE
PATTERSON I JOE PATTERSON I
VALENCIA WOULD WOULD I FILE ITEM
NUMBER NINE SB 1116 ALVAREZ JOE
PATTERSON NO. JOE PATTERSON. NO.
VALENCIA WALLACE WOULD WOULD I?
LIKE NO. TAKE IT EASY, MAN. SB
1205 CHEN ALVAREZ B¢O KHN
PETRIE-NORRIS VALENCIA. WOULD
WOULD I? OH, HE PULLED IT. OKAY,
SO THAT'S EVERYTHING? YEAH
THAT'S IT. IT'S CLAUDIA. OKAY.
THAT WAS MY.
WE'LL LEAVE THE ROLL UP UNTIL
415.
FILE NUMBER EIGHT, SB 1205
BAUER-KAHAN BAUER CAN I.
OPEN THE ROLL. CONSENT CALENDAR.
VALENCIA. YES, VALENCIA. I FILE
ITEM NUMBER ONE, SB 1058.
VALENCIA. YES VALENCIA I FILE
ITEM NUMBER THREE, SB 1299
VALENCIA. VALENCIA. I FILE ITEM
NUMBER SIX, SB 370 VALENCIA.
VALENCIA I. FILE ITEM NUMBER
EIGHT SB 1205 VALENCIA VALENCIA
I. FILE ITEM NUMBER NINE SB 1116
VALENCIA VALENCIA I.
THANK YOU. THANK YOU. APPRECIATE
IT.
CONSENT CALENDAR IS 15 ZERO.
FILE ITEM NUMBER TWO. 115 ZERO.
FILE ITEM 312 THREE. FILE. ITEM
NUMBER 614 ZERO. FILE ITEM
NUMBER 810 ZERO. FILE. ITEM
NUMBER 962. MEASURE FAILS. THIS
CONCLUDES THE ASSEMBLY INSURANCE
COMMITTEE.